Importance Of Judgment Research Articles

Anxiety in the mathematics classroom: reciprocal relations with control and value, and relations with subsequent achievement

Students’ attitudes can be influential in the emotions experienced in mathematics learning and achievement at school. Two important judgements, according to Control-Value Theory are degree of control a student has over, and the value attached to, learning activities or outcomes. Appraisals of control and value are believed to play a central role in the emotions experienced when learning, and subsequent achievement. Achievement, in turn, can strengthen or weaken control-value appraisals. In the present study we set out to examine the bidirectional relations between control-value appraisals and a key emotion experienced in the mathematics classroom, namely anxiety. In addition, we tested the proposition that control-value appraisals are indirectly linked to achievement, mediated by classroom-related anxiety. The participants were 1242 Year 5 students (49% female), with a mean of 9.3 years, from 24 English primary schools. Self-report data for anxiety, and control-value appraisals, were collected over two waves (separated by seven months) and mathematics achievement collected from a classroom test one week later. Results from a structural equation model showed bidirectional relations between higher anxiety and lower control. Although anxiety predicted lower value, value was unrelated to subsequent anxiety. Higher control at the first wave of measurement was related to higher mathematics achievement, mediated by lower anxiety, at the second wave. These results underscore the importance of reducing anxiety when learning mathematics and suggest that intervention could achieve this outcome by reducing anxiety directly or by strengthening control.

Evaluating and ranking the mining damage prevention programs in South Korea: An application of the fuzzy set theory

As various types of mining damage have occurred in South Korea, the mining damage prevention project has been in place since 2007. The project includes seven programs: abandoned mining facilities demolition program, mine drainage treatment program, mine subsidence prevention program, mine tailings loss prevention program, noise, vibration, and dust damage prevention program, reforestation program, and soil remediation program. This research seeks to derive the priorities of the programs through a national survey of 1000 people. Respondents are asked to judge the importance of individual programs on a 5-point scale and then the confidence in the importance judgment on a 5-point scale. Applying the fuzzy set theory comprehensively reflecting each respondent's importance judgment and the confidence in the judgment, the weights of the seven program are computed. Moreover, the confidence interval for the weights are obtained using the nonparametric bootstrap technique. Several policy implications, including the need to match the ranking of programs derived from this study with the ranking of the budget spent on the seven programs in the past, from the results are presented.

ENFORCEMENT OF THE MAINTENANCE RIGHTS OF A SPOUSE, MARRIED IN TERMS OF ISLAMIC LAW, IN THE SOUTH AFRICAN COURTS

The purpose of this discussion is to note the application of the maintenance statutes vis-à-vis Muslim couples in the South African courts. Firstly, the important judgments are referred to in chronological order; secondly, the maintenance rights of a Muslim spouse are set out for the following periods: during the marriage, after death of her husband and postdivorce; and lastly, the jurisdiction of the courts are discussed in light of the changing mores of society. In short, the question is how far the South African courts have gone in making the South African legal maintenance legislation accessible to Muslim wives. The issues are discussed in light of the Islamic family law as interpreted by the South African courts and with reference to the draft bill.

The business judgment rule under Argentine law

Los administradores societarios deben observar estrictos deberes de comportamiento y, si no lo hacen, puede imputárseles responsabilidad. La business judgment rule es una morigeración al régimen de responsabilidad y establece que los jueces no revisarán las decisiones empresarial tomadas por los administradores, quienes no podrán ser responsabilizados por ellas. Son requisitos para aplicarse esa regla: a) que la decisión esté dentro de la esfera de la competencia del administrador, no se trate de una imposición legal y no fuera un comportamiento doloso; b) que no hubiera significado la asunción de riesgos extraordinarios y c) que los managers se informaron en forma adecuada y suficiente antes de tomarla. En el derecho argentino no hay una norma que se refiera a la business judgment rule, no hay antecedentes jurisprudenciales relevantes con relación al tema y son pocos los doctrinarios que se han ocupado de abordar esta problemática. Su aplicación presupone que los administradores no actuaron con dolo ni con culpa grave. En la doctrina vernácula se discute si hay responsabilidad de los administradores por culpa leve o levísima. Un sector de los autores afirma que no, y sostiene que sólo hay responsabilidad si se actuó con dolo o culpa grave y, en este caso, la BJR es inaplicable. Nosotros sostenemos que hay responsabilidad en todos los casos en los que haya culpa, sin importar su grado, y, en este supuesto, adquiere importancia la business judgment rule, que permite sustraer a los managers de responsabilidad cuando no hubieran actuado con dolo ni culpa grave.

Strategic metacognition: Self-paced study time and responsible remembering.

Metacognition involves the understanding and awareness of one's cognitive processes, and responsible remembering is the notion that people strategically focus on and remember important information to prevent negative consequences for forgetting. The present study examined the metacognitive control processes involved in responsible remembering by evaluating how information importance affects one's allocation of study time and subsequent recall. Specifically, participants were presented with pictures of children along with each child's food preferences (2 foods they like, 2 foods they dislike, and 2 foods they are allergic to and must avoid) to remember for a later test. When making no metacognitive assessments or judging the likelihood of later remembering each food preference (JOL), participants did not strategically study or demonstrate enhanced recall for the most important information (allergies). However, when making judgments of importance (at either the item or global level), participants spent more time studying and best recalled the information that they rated as most important to remember (allergies). Collectively, these results suggest that when people judge the importance of remembering information, whether at the global or item level, study decisions are better informed, resulting in strategic studying and greater recall for information with the most severe consequences for forgetting.

Clinical Application of Early Warning Scoring Based on BiLSTM-Attention in Emergency Obstetric Preexamination and Triage.

Maternity is a special category of population and the criteria for emergency prescreening cannot be directly applied to adults. Therefore, a set of criteria for grading maternal conditions should be established. In this paper, we have combined the semantic analysis technique of BiLSTM-Attention neural network and fuzzy defect risk assessment method, to develop a hybrid approach, to preprocess the text of emergency obstetric prescreening information. Furthermore, we have used word2vec to characterize the word embedding vector and highlight the features related to the degree of defects of emergency obstetric prescreening information through the attention mechanism and obtain the semantic feature vector of the warning information. BiLSTM-Attention neural network has the dual advantages of extracting bidirectional semantic information and giving weight to important judgment information which has effectively improved the semantic understanding accuracy. Experimental tests and application analysis show that the judgment model which is based on proposed method has accurately classified and graded the defects of emergency obstetric prescreening alerts. Additionally, the accuracy and microaverage value are used as evaluation indexes.

Freedom of Capacity as an Integral Pedagogical Value in the Pedagogical Heritage of O. S. Gazman

The article is devoted to comprehending such important categories for modern pedagogy as freedom in the space of upbringing, the formation of a free personality from the standpoint of a humanistic approach to the personality of a pupil. The main attention is paid to the pedagogical heritage of O. S. Gazman, his pedagogical ideas and scientific and theoretical generalizations. The pedagogical legacy of O. S. Gazman is perceived today not only in the context of the pedagogically important judgments he proposes, methodological generalizations expressed in the era of perestroika. From the standpoint of pedagogy of the XXI century, the organization of modern Russian education, the ideas expressed by O. S. Gazman appear as an innovative philosophical and pedagogical concept, in which the main concepts are freedom, self-education of the individual, and pedagogical support. At the same time, in our opinion, work on the most important ideas of O. S. Gazman today in domestic pedagogy is insufficient. To a greater extent, perhaps, his idea of pedagogical support is being comprehended and used, which today has acquired some methodological features and is being implemented in many educational institutions, primarily thanks to his students and followers, N. N. Mikhailova and S. M. Yusfin. O. S. Gazman’s judgments regarding freedom as the core of the formation of a modern personality, capable of making his own choice, realizing his various life strategies and scenarios, correlating with his moral attitudes and ready to fully bear responsibility for this choice – of course, are insufficiently commented and far from are fully included in the theory and practice of modern pedagogy. However, there is no doubt that such innovative ideas rightfully puts O. S. Gazman on a par with outstanding domestic thinkers, such as, for example, S. I. Gessen practice. The purpose of the article is to analyze the most significant scientific provisions stated by O. S. Gazman and concerning the essence of freedom and the resources of its formation among pupils. Basic research methods: analysis of scientific and methodological literature, comparative analysis of theoretical and pedagogical concepts; theoretical generalizations. Research results: it was concluded that, firstly, O. S. Gazman firmly established freedom as an integral category, new for its time, understood as the integrity of the personality core of a developing person; secondly, the ideas of O. S. Gazman and his assumptions regarding the implementation of the principle of free-spirited upbringing, which he managed to implement in his pedagogical activity, today finally acquire the features of practical comprehension and application.

Water, Fish and Property in Colonial India, 1860–1890

Abstract Almost exactly a hundred years after the Permanent Settlement of 1793 revolutionized property relations in Bengal, a far less studied legislation would subtly extend the rule of property to include the province’s waters. Bengal’s Private Fisheries Protection Act 1889, which is usually regarded as having been motivated by conservationist or economic concerns, was in fact an attempt to resolve intractable legal problems surrounding the status of flowing waters and fish that had confounded judges and colonial officials in India for decades. Could water be owned like land? And could fish swimming in open waters be claimed as property? These questions would give rise to a number of important disputes in colonial India in the late nineteenth century, during a time associated with unprecedented changes in the agrarian economy. Coinciding with other legal manoeuvres that increasingly helped to render water as property in other parts of the world, the Private Fisheries Protection Act and important judgments that preceded it helped to create exceptional private rights over flowing waters in colonial India. Turning to these developments, this article examines the ways in which judges attempted to resolve contradictions generated by water’s very materiality in an economy that rested so heavily on property.

Evaluation of the Need for Intensive Care in Children With Pneumonia: Machine Learning Approach.

BackgroundTimely decision-making regarding intensive care unit (ICU) admission for children with pneumonia is crucial for a better prognosis. Despite attempts to establish a guideline or triage system for evaluating ICU care needs, no clinically applicable paradigm is available.ObjectiveThe aim of this study was to develop machine learning (ML) algorithms to predict ICU care needs for pediatric pneumonia patients within 24 hours of admission, evaluate their performance, and identify clinical indices for making decisions for pediatric pneumonia patients.MethodsPneumonia patients admitted to National Taiwan University Hospital from January 2010 to December 2019 aged under 18 years were enrolled. Their underlying diseases, clinical manifestations, and laboratory data at admission were collected. The outcome of interest was ICU transfer within 24 hours of hospitalization. We compared clinically relevant features between early ICU transfer patients and patients without ICU care. ML algorithms were developed to predict ICU admission. The performance of the algorithms was evaluated using sensitivity, specificity, area under the receiver operating characteristic curve (AUC), and average precision. The relative feature importance of the best-performing algorithm was compared with physician-rated feature importance for explainability.ResultsA total of 8464 pediatric hospitalizations due to pneumonia were recorded, and 1166 (1166/8464, 13.8%) hospitalized patients were transferred to the ICU within 24 hours. Early ICU transfer patients were younger (P<.001), had higher rates of underlying diseases (eg, cardiovascular, neuropsychological, and congenital anomaly/genetic disorders; P<.001), had abnormal laboratory data, had higher pulse rates (P<.001), had higher breath rates (P<.001), had lower oxygen saturation (P<.001), and had lower peak body temperature (P<.001) at admission than patients without ICU transfer. The random forest (RF) algorithm achieved the best performance (sensitivity 0.94, 95% CI 0.92-0.95; specificity 0.94, 95% CI 0.92-0.95; AUC 0.99, 95% CI 0.98-0.99; and average precision 0.93, 95% CI 0.90-0.96). The lowest systolic blood pressure and presence of cardiovascular and neuropsychological diseases ranked in the top 10 in both RF relative feature importance and clinician judgment.ConclusionsThe ML approach could provide a clinically applicable triage algorithm and identify important clinical indices, such as age, underlying diseases, abnormal vital signs, and laboratory data for evaluating the need for intensive care in children with pneumonia.

МАТЕРИАЛЫ К ИССЛЕДОВАНИЮ ПРАВОВОЙ ПРИРОДЫ ЛИЗИНГА: ШВЕЙЦАРИЯ

Materials include commented translation of four important judgments of Swiss Federal Court capturing the essential details of contemporary Swiss understanding of leasing with regard to insolvency, form of contract, property law statuses and security title retention, sham character and other issues.

원격의료에서의 의료과오책임 - 의료법상 관련 규정 검토를 중심으로 -

In the medical field, telemedicine can provide the best healthcare environment anywhere in the world equivalent to face-to-face medical treatment. Medical big data, minimalizing and simplifying of various measuring medical devices, augmented reality technology and digitization of information enable to provide person virtual care. The Corona 19 pandemic has accelerated the remoteization of medical practice and health care, which has been under a regulatory and restrictive perspective.<BR> In this study, a responsibility of medical malpractice caused by doctors in telemedicine is reviewed in a civil action. First, in order to clarify the concept of telemedicine, this paper summarizes the relevant regulations of the current medical law which have been as a difference concept. Next, after reviewing the general theory about the responsibility of doctors and hospitals for medical malpractice, the paper studies on the violation of the obligation to pay attention, as one of the most important judgment factors for telemedicine malpractice. Furthermore, the paper examine what types of telemedicine could be ruled by Medical Law. Especially, the study focuses on current academic discussions and legislative drawbacks about the telemedicine responsibility between local doctors and patients provided in the Article 34 Section 4 of Medical Law. In conclusion, this paper traces that imposing the responsibility only to a doctor is not contrary to the principle of self-responsibility, but also be inappropriate and invalid from the standpoint of a patient damage relief.

UNDERSTANDING SEDITION LAW IN INDIA

India has adopted various laws from the British rule, one such law is Sedition law. Section 124 (A) of the Indian Penal Code, 1860 talks about Sedition and also states the punishment for this offence i.e. imprisonment for 3 years which may extent to life imprisonment along with which fine may be added. In simple words Sedition may be defined as an act or acts done, which brings the people against the elected Government. Sedition law was first introduced by British Government in the year 1870. This paper will discuss about how this law was used to stop the leaders of independence movement and will also describe the historical background of Sedition law. Sedition includes all such practices which, may be by word, deed, or writing, disturb the peace of the State, Government or law and order of the country. This paper will discuss about the Constitutional Validity of Sedition law and about the judicial interpretation of this Section. Sedition law is basically to protect the sovereignty and integrity of the country. However, this law is considered as one of the most controversial law in India. Because it imposes a limitation on freedom of speech and expression of an individual. In this article you will find the difference between freedom of speech and expression as provided under Article 19 (1) of the Indian Constitution and Sedition law. Lastly, the paper will discuss about some important judgments which shaped and gave a proper interpretation to describe in the Sedition law in India.

Reasonability of terms as a principle of criminal proceedings in Ukraine: the state of legal security through prism practices of the european court of human rights

The scientific work is devoted to the research of law phenomenon such as princilple of reasonable time in criminal procedure. Author reserched legal reglamentation and realization of fundemental of reasonable time in Ukrainian criminal procedure through the judicial practice of the European court of human rights. The actuality of scientific research’s topic due to: 1) this princilple is a certain novel in national criminal procedure, that was introduced firstly in 2012 by Criminal procedure Codex; 2) in Ukraine there is a high level unrealization or direct violation of right to a fair trial within a reasonable time, that guaranteed by Article 6 of European Convention on Human Rights; 3) against the backdropof european integration processes in Ukraine there is exacerbated need to improve and reform the criminal procedure laws in order to supply legality, justice and anthropocentrism in judicial and investigative activity.The goal of this scientific research is analisis of national law reglamentation of princilple of reasonable time in criminal procedure laws, the level of its realization in national legal practice, main disadvantages its law supplement and ways to solve these problems. In addition, author paid attention to some theoretic aspects of the topic: the concept of princilple of reasonable time, definition of term and its differences between adjacent legal concepts, determination the begining and end of reasonable time and etc. Also author emphasized acute problems of violation the right to a fair trial, reserched the most important judgements of ECHR. Among such problems are failure to keep a reasonable time at the stage of court proceedings because of lack of its defined terms; incidents of perennial detention in intolerable conditions; crowd load in local general courts as a reason of protracted court proceedings. In addition author proposed alternative ways of solution of these problems: from estedlishment the officials’ disciplinary responsibility and the country’s duty to compensate an innocent person damage, done by detention to makind changes to criminal procedure laws.

The Role of Big Data Analytics in Healthcare

Recently a rapid increase has been seen in the technology and health care became an unavoidable sector because an enormous amount of data is collected day to day. The Big data analytics has many uses and it is associated to big data. It gives an important judgment in the area of health care. This paper aims to present a review of big data in health care that how big data can aid the healthcare. In this paper multiple research paper has been reviewed and the limitations and research gaps of these papers has been discussed accordingly.

Shedding Light on Partial Immunity—Court of Justice Delivers a Masterclass on Interpreting the 2006 Leniency Notice: Case C-563/19 P Recylex and Others v Commission

Recylex and Others v Commission, C-563/19 P, judgment of 3 June 2021, not yet published. The Court of Justice of the European Union (‘Court of Justice’) dismissed the appeal of Recylex and held that both the European Commission (‘Commission’) and the General Court were correct in applying and interpreting the provisions of the 2006 Leniency Notice pertaining to partial immunity. On 3 June 2021, the Court of Justice gave an important judgment confirming the General Court’s dismissal of a challenge by Recylex to the Commission’s decision in the famous car battery recycling cartel (Commission decision of 8 February 2017 (Case COMP/AT.40018)). Both judgments shed additional light on the concept of partial immunity and the circumstances in which immunity is available under the Commission’s Notice on immunity from fines and reduction of fines in cartel cases (‘2006 Leniency Notice’). In particular, the judgment addresses two questions:...

The effort investment theory of power

AbstractThe powerful are often more successful in pursuing their goals, as shown in many studies. Does this mean that the powerful try harder? Current theories on power do not provide a clear answer to this question. Based on recent findings in the power literature and integrating theories from motivation psychology and neuroscience, the present paper presents the effort investment theory of power. The effort investment theory proposes that power determines the investment of effort following a resource conservation principle; that is, power affects people’s evaluation of a goal in terms of its importance and feasibility, and based on their evaluation, they mobilize effort. Importantly, the theory also considers a time perspective. It highlights the role of experiences during the process of pursuing a goal (i.e., facing signals of success and failure) as well as previous experiences (i.e., performing a different task/goal before) in the power effect on effort investment, and argues that such experiences affect individuals’ judgments of importance and feasibility. Finally, the theory discusses possible consequences of the power effect on effort investment for performance and efficiency. The relevance of these propositions for theory and practice are discussed, as well as ideas for future research.

Mobile Device NDF(No Defect Found) Cost Estimation

NDF (No Defect Found) is a phenomenon in which defects have been found in the manufacturing, operation and use of a product or facility, but phenomenon of defects is not reproduced in the subsequent investigation system or the cause of the defects cannot be identified. Recently, with the development of the fourth industrial revolution, convergence of hardware and software technologies in various fields is spreading to products such as aircraft, home appliances, and mobile devices, and the number of parts is increasing due to functional convergence. The application of such convergence technologies and the increase in the number of parts are major factors that lead to an increase in NDF phenomena. NDF phenomena have a significant negative impact on cost, reliability, and reliability for both manufacturers, service providers and operators. On the other hand, due to the nature of NDF phenomena such as difficult and intermittent cause identification and ambiguity in judgment, it is common to underestimate the cost of NDF or fail to take appropriate countermeasures in corporate management. Therefore, in this paper, we propose a methodology for estimating NDF costs by the PAF model which is a quality cost analysis model and ABC (Activity Based Costing) technique. The methodology of this study suggests a detailed procedure and the concept to accurately estimate the NDF costs, using ABC analysis, accounting system information, and IT system data. In addition case studies have validated the methodology. We think this could be a valid methodology to refer to when estimating the cost of other parts. And, it is meaningful to provide important judgment information in the decision-making process based on quality management and ultimately reduce NDF costs by visualizing them separately by major variable factors.

Complete tubular duplication of colon presenting as rectovestibular fistula: A case report

Background: Duplication of the gastrointestinal tract is a rare congenital disorder in pediatric patients. Complete resection in case of a total tubular duplication that requires total or subtotal colectomy is undesirable in children.Case Presentation: This case presented a simple surgical technique for treating complete colonic duplication without colonic resection. A 2 months old female baby with abdominal distention and stool complaint came out from her vaginal vestibular and normal anus. A digital rectal exam showed a palpable mass in the posterior region. Abdominal CT Scan showed a rounded mass with size 2x2 cm in the left posterolateral of rectum region. The initial diagnosis was suspected sacrococcygeal tumor type 4 with rectovestibular fistula. Intraoperative findings showed duplication of the caecum, appendix, total colon (ascending to sigmoid) and rectum (one directed to the vagina and the other to anus). The ileostomy was done 20 cm from the ileocaecal junction as a temporary treatment to relieving distention with definitive repair planned in the following months. The second stage repair was performed after 1-year-old with posterosagital anorectoplasty followed by distal separation of the duplicated colon using a 12 cm linear stapler. For this case, the third stage repair was done one year after the previous surgery to close the remaining ileostomy. The patient’s outcome showed good results with normal defecating function and no complication.Conclusion: Complete tubular duplication is a rare case without specific clinical symptoms, but the assessment of the diagnosis can be assisted by radiology such as abdominal CT and barium enema. We hope this article could illustrate management for complete tubular duplication of colon presenting as rectovestibular fistula, thus reflect how important clinical judgment and initial diagnostic in our health care system.

Are we comparing apples or squared apples? The proportion of explained variance exaggerates differences between effects

This brief note addresses a known problem whose implications are still not widely appreciated: using the proportion of explained variance as an index of effect size does not just distort the real-world magnitude of individual effects, but also exaggerates the <em>differences</em> between effects, which may lead to strikingly incorrect judgements of relative importance. Luckily, a meaningful and interpretable &ldquo;effect ratio&rdquo; can be easily calculated as the square root of the ratio between proportions of explained variance. In a variety of practical examples, effect ratios tell a different story than variance components, and suggest a different perspective on certain canonical results (e.g., regarding the role of the shared environment in the development of psychological traits). This simple but highly consequential point should be understood more widely, to help researchers avoid fallacious interpretations of empirical findings.

Rethinking Patricia Asero Ochieng and Two Others v. The Attorney General and another

In 2012, the High Court of Kenya at Nairobi declared Section 2 of the Anti-Counterfeit Act (ACA) unconstitutional because its enforcement would limit access to affordable and essential drugs and medicines and thereby undermine the right to life, human dignity and health as guaranteed under the Constitution of Kenya. This case review revisits this important judgement by Justice Mumbi Ngugi with the aim of analysing it for legal soundness. Further, this review discusses the likely impact of the judgement on the fight against counterfeit drugs and access to drugs in Kenya. On the other hand, there will be a comparison between Kenyan legal system and some foreign laws. The review argues that the judge applied the wrong legal principles in making her determination, arriving at a legally flawed conclusion, thereby nullifying the balance between the rights of intellectual property rights owners and users as established under the Industrial Property Act.