Suppleness in Physical Education Essay -- Papers

Suppleness in Physical Education The definition of flexibility, suppleness and mobility is the range of movement possible round a joint and this depends on the amount of stretch allowed by the ligaments, joints, tendons and muscles. Flexibility is an important component of physical fitness for all athletes as increasing your flexibility aids performance and helps to avoid unnecessary injury. It is impossible to have the same degree of flexibility around all joints as the joint structure itself limits flexibility, for example a lot of movement is possible at the shoulder joint because it is a ball and socket joint, but movement at the hinge joint of the knee is more limited. Increasing body temperature helps to improve flexibility, which is a good reason why an athlete should always warm up. Our range of movement deteriorates as we get older, due to shortening of the connective tissue and general joint degeneration caused by wear and tear. Why should a netballer do mobility exercises? The objective of mobility training is to improve the range of stretch of the antagonistic muscles. Mobility plays an important part in the preparation of netballers by developing a range of movement to allow technical development and assisting in the prevention of injury. All athletes require a basic level of general all round mobility to allow them to benefit from other forms of training. In addition, netball players will need to develop specific mobility for those joint actions involved in the techniques of their game. Netballers do not have the option to dribble the ball; therefore netball is very much a passing game. Throwing is one... ...ying netball as players have to repeatedly bend down to gather low passes or rolling balls. As I play the position of centre, a high level of stamina is vital as the centre is the player who links the defence to the attack. The centre is designated to a large area on the court so a lot of movement is required. Netball consists of the players continuously passing the ball, so endurance in the biceps brachii and triceps trachii is essential which enables players to pass the ball accurately with speed and power throughout the game. A good level of stamina will ensure that fatigue will not affect your performance. Lack of stamina is highlighted in the last quarter of many matches in which a player complains of â€Å"jelly legs.† This is usually accompanied by decreased performance in skills requiring muscular strength or power.

Product Mix and New Product Development Strategies Essay

The Coca-Cola versus Pepsi competition is perhaps the most well known rivalry in the history of marketing. Coke has long enjoyed the home field advantage, having become entrenched as the most popular and identifiable cola throughout the world. Although it has carved itself a substantial portion of the market, Pepsi has struggled to match the sales revenue of Coca-Cola; until recently. Although Pepsi has never come close to equaling Coke cola market share, they have become more aggressive and adept than Coke in cornering the non-carbonated beverage market. It is in this market that Pepsi is seeking to obtain a sustainable competitive advantage over Coke. It their quest to acquire and develop new products, will the use of the PTSTP method help Pepsi develop new products in order to obtain a sustainable competitive advantage?A product is defined in three levels; core, actual, and augmented. The core of the product is the benefit it offers the consumer. For the example of colas, it could be refreshment, energy (sugar and caffeine), alertness, or just pleasure. The soda itself is the actual product. The augmented product for a cola could be the recognition and status gains perceived by drinking that particular brand. Or it could even be the weight loss from sticking to diet colas. For the development of new products, we first need to identify what consists of a new product. There are six categories of new products:1.New-To-The-World. This is a product that has no like product offered elsewhere. For example, when the first personal computer was offered to the public, this would be a new product. 2.New Product Lines. This is when similar products exist, possibly even under the same brand, but a new line of the product offers some tangible difference to those products already offered. For example, offering diet colas in addition to regular colas under the same brand. 3.Product Line Additions. This is the addition of a product that is directly related to one offered. For example, offering Vanilla Coke for sale alongside Coke. 4.Improvements/Revisions. This is a product which has already been offered,  but some change or revision has been made to the products properties. For example: New Coke, or anything labeled â€Å"new and improved.†5.Repositioned Products. The same product offered in a new market or directed towards a new target market. For example Pepsi bringing Sabritas chips into the US to target the Hispanic market. 6.Lower-Priced Products. This is simply reducing the price of an existing product to stimulate sales. New products affect the product mix of a company. Product mix is generally defined as â€Å"the total composite of products offered by a particular organization.† The product mix includes both individual products and product lines. A product line is a group of products which are closely related by function, customer base, distribution, or price range. To use Pepsi as an example, Pepsi’s product mix includes beverages and potato chips. The beverage product line consists of carbonated, non-carbonated, and water. Pepsi, Gatorade, and Aquafina all are individual products. PTSTP is a mnemonic for the five step process underlying Target Marketing and Positioning. The five steps are as follows:1.Identify competitive Products. 2.Define the Target market. 3.Determine the basis for Segmentation. 4.Determine if any Target markets are underserved. 5.Develop a Product for the underserved market. By using this method, a company can identify a gap in a particular market segment. This gap may be present because there is no product to fill it, or because the current product is reaching the end of its life-cycle, thus creating an opportunity for new growth. To answer the previous question, we will contrast the PTSTP method to Coca-Cola and Pespi’s development of the non-carbonated beverage market. Pepsi has continually struggled to match Coke’s market share in colas and other carbonated beverages. Coke enjoys a 44% slice of the market compared to Pepsi’s 32%. During their 108 year rivalry, Pepsi has never come close to selling as much soda as Coke. Much of this is due to Coke’s brand recognition. Although in 2006 Pepsi, for the first time, beat Coke in beverages sold. This was due to Pepsi’s embracement of the non-carbonated beverage market, where it led the market with a 24% share over Coke’s 16%. Pepsi was able to recognize and take advantage of the growing non-carbonized market much earlier than Coca-Cola. Although cola sales have recently stagnated to less than 1% growth, non-carbonated beverages grew 8% in 2004. Much of the failure of Coke to expand into this market can be traced back to the stubbornness of Coke executives to expand beyond the soda market. Coke had an opportunity to acquire Quaker Oats in the 1990’s, but passed on the opportunity. Instead, Pepsi acquired Quaker Oats in 2001. Among Quaker Oats assets were Gatorade and Snapple, both leaders in their markets. Although these product lines were already established, they represented new products to Pepsi, as they represented Pepsi’s introduction into the non-carbonated beverage market. As a result, Pepsi owns a commanding lead in the sports drink market, with Gatorade holding an 80% share to Coke’s Powerade at 15%. Until 2001, Coca-Cola had been reluctant to embrace new products. They were not willing to extend their company and take the chance in the non-carbonated market, until they saw the success Pepsi was having. In addition to passing up on Quaker Oats, Coke lost a bidding war for the Sobe line of enhanced juices, and their bid for the Planet Java line of coffees and teas was not embraced by their independent bottlers. However, since 2000 Coke has been actively seeking new products in this market, including the acquisition of the successful Minute Maid juice line. The difference in philosophy has made the difference for Pepsi. In fact, losing the cola wars may have been the best thing for Pepsi. This forced Pepsi to look outside the soda realm in order to increase profits. As Pepsi’s CEO, Steven Reinemund believes that his company’s growth is due to their constant quest for change, that â€Å"Innovation is what consumers are  looking for, particularly in the small, routine things of their life.† Pepsi’s willingness to embrace new product lines has given them the edge over Coke for the first time in history. Their offerings of Quaker Oats’ beverages, Sobe, and Aquafina have all been firsts for a soda company. As a result, they have gained the brand recognition over Coke’s subsequent offerings, leading to an increased market share. In order for Pepsi to maintain their competitive advantage over Coke, they need to follow the advice of Reinemund, by remaining innovative. PTSTP can help them sustain this advantage. By identifying potential markets, and developing products for these markets, they can continue to capture new market shares. The beverage market is saturated with options for the consumer, with new products appearing everyday. Many of these products are variations on existing products. For example, energy drinks have become very popular in the past few years. As a result the market has become flooded with options. It will become increasingly difficult to introduce new products in this category. By using PTSTP, Pepsi can identify a new niche in this market, or a different market to exploit. Using the energy drinks as an example, the competitors range from Fuze, Red Bull, and many others. By defining the target market, they can identify that the same demographics both tend to buy sodas and energy drinks. Pepsi can then segment the market into young males (18-30). They then determine that the target market of combined soda energy drinks is underserved. They then develop a product to serve this market. Thus Pepsi Max is born. By using PTSTP, Pepsi has created a new product in soda energy drinks, Pepsi Max. It is this type of creativity and innovation that is embraced by Reinemund, and will serve to keep Pepsi with a sustained competitive advantage over Coke. Only by using a method such as PTSTP, can underserved markets be identified and exploited. References 1. http://business.enotes.com/business-finance-encyclopedia/product-mix2. Brady, Diane (). A Thousand and One Noshes: How Pepsi deftly adapts products to changing consumer tastes. Business Week. 14 Jun 20043. Foust, Dean. Things Go Better With †¦ Juice: Coke’s new CEO will have to move quickly to catch up in noncarbonated drinks. Business Week. 17 May 20044. Brooker, Katrina. How Pepsi outgunned Coke: Losing the cola wars was the best thing that ever happened to Pepsi — while Coke was celebrating, PEP took over a much larger market. FORTUNE 1 Feb 2006http://money.cnn.com/2006/02/01/news/companies/pepsi_fortune/index.htm5. http://www.marketingteacher.com/Lessons/lesson_three_levels_of_a_product.htm

A Coherent EU Legal System - Free Essay Example

Sample details Pages: 7 Words: 1989 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Narrative essay Tags: Justice Essay Did you like this example? Why the system of preliminary rulings in Article 267 TFEU is, and continues to be, important for the development of a coherent EU legal system and the liberalization of the procedure. The system of preliminary rulings provides the European Court of Justice (ECJ) an opportunity to assume an advisory role for other member states. The functioning of the ECJ is described under Article 19 of the Treaty of European Union (TEU) which states that the court must ensure correct interpretation and application of treaty law among member states as well as provide remedies for cases where there is no remedy available under national law, to ensure effective legal protection is provided by European Union (EU) to all its citizens. Don’t waste time! Our writers will create an original "A Coherent EU Legal System" essay for you Create order Treaties and acts are binding agreements created between EU member countries to describe the objectives, rules and relationship aspired to be formed between the members of the union having the ultimate intention of protecting the dignity, freedom, equality and respect for human rights for all citizens of the union as stated in Article 2 of the TEU. Coherent application of EU law throughout the union is a joint responsibility shared between the ECJ and the national courts. To ensure that member states apply EU law in a uniform manner Article 267 of the European Union Functioning Treaty (TFEU) plays an important role by developing community law which is applied by national courts based on its consultation with ECJ. This procedure is important because it creates a two way system allowing individuals subjected to European Union law to challenge the application of union law upon them in national courts. It also makes it possible for constant review of the validity and correct app lication of EU laws by ECJ. At the crux of the reference procedure lies the important principle that it is the national court which finally decides whether to refer to ECJ. However when there is no further judicial remedy for the individual to avail at national level and the dispute arises from incoherent application of EU law, it is a must for the case to be referred to ECJ for direction as stated in Article 267(3) of TFEU. This creates a vertical relationship between national courts and ECJ. At the same time the rulings provided to one member state is applied coherently to other members in a horizontal and multilateral manner. However there has been laxity in the application of Article 267 due to the increasing number of cases that has been referred to ECJ and the increasing number of countries that have become members of the EU. This has created delay in the functioning of the European court which is feared will create a miscarriage of justice. It follows from the judgem ent in the C-246/80 Broekmeulen v Huisarts Registratie Commissie (1981) ECR 2311 case that the obligation to refer under Article 234 (3) is not an absolute one. It was decided that a decision to refer was the prerogative of the national court. Only cases which had exhausted all available remedies under the national judicial system had to be referred to ECJ for a preliminary ruling. This was again emphasized in C-28/62 Da Costa (1963) ECR 31 case, where the question of necessity to refer if the case had already been answered in a previous ruling was raised. The reply was to exempt the case from referral to the Court of Justice in such matters because the national court was expected to apply the available decision. This introduced the concept of precedents into community legal system. In C-66/80 International Chemical Corporation (1981) ECR 1191 case ECJ further ruled that the precedent effect must apply to not only individual states but to all states where similar cases arise. This was based on its multilateral effect upon all member states. Finally to address cases in which decisions were so obvious that no reference was required ECJ came up with the doctrine of acte clair. This doctrine was applicable when the national court feels it can avoid referring to ECJ to reduce the burden on ECJ. It was applied in C 283/81 CILFIT (1982) ECR 3415 case. The decision in the case of CILFIT reinforced the delegation of duties to national courts and the use of precedents as a way of reducing the number of cases that are referred to ECJ under the preliminary reference procedure are however considered to have liberalized the position of ECJ in ensuring a coherent community law. The disadvantages of the above procedures were the possibility of errors in interpretation of judgements made, taking into consideration the various languages that are used by member countries and the abuse of power vested in member states to decide cases that need reference. Delegation of duties to national courts could result in failure to refer the matter because of the fine line that separated a case that was clear in it facts and one that required reference due to doubts in community law. To address these possibilities in C-173/03 Traghetti del Mediterraneo SpA (2006) ECR 1209 a principle was applied to establish liability for damages arising from failure to correctly interpret EU law and to refer cases to ECJ for preliminary rulings where no remedy is available. In conclusion although Article 267 advocates reference to ECJ it has liberalized the use of this procedure to reduce its workload. Measures such as the introduction of acte clair doctrine and application of precedents and reference of cases with no judicial remedies at the national level make this possible. Words : 997 Bibliography: Paul Craig, 2007. EU Law: Text, Cases and Materials. 4th Edition. Oxford University Press. Tony Storey, 2011.Unlocking EU Law (Unlocking the Law). 3rd Edition. Routledge. Nigel Foster, 2012. Blackstones EU Treaties Legislation 2012-2013. 23rd Edition. Oxford University Press. Damian Chalmers, 2014. European Union Law: Text and Materials. 3rd Edition. Cambridge University Press. Francesco, Francesco Duina, 1997. Explaining Legal Implementation in the European Union. International Journal of the Sociology of Law, 25, 155-179. EUR-Lex. 2015. [ONLINE] https://eur-lex.europa.eu/homepage.html. [Accessed 08 April 2015]. b) State liability in Francovich case, cases after Francovich and why a member state might not be required to pay for damages even if they are in breach of state liability. ________________________________________________________________ European Union directives have a vertical and direct effect on individual member states as well as a horizontal and indirect effect on other member states. Citizens benefit from the directives through its indirect effect. State legislative mechanisms have to interpret these directives coherently with the intentions of the EU, to ensure protection of the rights of their citizens. It is also necessary that the member state laws must be re modelled to correspond to these directives. Failure to comply with requirements of community law by a member state denies citizens their rights to protection under community law and this is translated as failure of the member state to protect the rights of its citizens. Because of this, the state is held liable for damages suffered by citizens affected by the absence of such protection in their national laws. This forms the basis for the doctrine of state liability. According to the doctrine a member state found to have played a role in the damage suffered by its citizen caused needs to compensate the individual for loss incurred. This doctrine was first applied in C-479/93 Francovich and Bonifaci v Italy (1991) ECR 5357 case to determine the Italian governments liability for breach of EU Directive No. 80/987/EC which allowed workers to be compensated for salary that was owed to them by the company in the event that it went into bankruptcy. Failure to incorporate this into the Italian national law created a disadvantage for Italian employees. They could not claim their salary from the company because under Italian national law there was no protection provided for workers affected by such incidence. Although this was provided by community law the national government had failed to legislate in accordance to this provision. The workers were therefore allowed to claim from their government losses they suffered. It was considered that the member state had failed to adhere to the requirements of Article 288 TFEU requiring it to take necessary measures to ensure national law complied with a directive of community law. The decision in Francovich set the stage for better enforcement of EU law and empowerment of its citizens. This case established state liability as a general principle of Community law. However it still left many issues related to criteria that would qualify a claim for reparation unanswered. In C-46 Brasserie/ C-48/93 Factortame (1996) ECR 1029 judgment a common principle that applied to all constitutional authorities of the state for a breach of community law based on three important conditions was developed to qualify a claim for reparation. The first condition was to ascertain that the directive meant to grant rights to individual s. Second, was to identify the extent of breach that had occurred for those rights and finally, to establish that there was a link between the stateà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to legislate in accordance with community law and the damage suffered by the person affected. Although the first and second conditions could be easily ascertained difficulty was seen when determination of the extent of breach that had taken place which would entitle a claimant to claim for damages. The answer to this was established in C-352/98 P Bergaderm (2000) ECR 5291 where it was determined that the extent of breach had to be sufficiently serious to allow claims from a member state. Further to identify what was considered as à ¢Ã¢â€š ¬Ã…“sufficiently seriousà ¢Ã¢â€š ¬Ã‚  the court looked at how clear and precise the provision in EU law was and how these provisions had been breached by the member state, it also considered the discretion enjoyed by that Member State, if the infringement was inten ded to cause the damage suffered and the steps taken by EU institutions contributing towards implementation of practice contrary to EU law. These criteria were later applied in C-392/93 R v H.M. Treasury, ex parte British Telecommunications 1996 ECR 1631 to determine the seriousness of the breach. The court decided that the breach of community law was not sufficiently serious to warrant reparation by the member state. In C 178 179 Dillenkofer v Republic of Germany (1996) ECR 4845, the outcome in Francovich and Factortame was combined to arrive at the judgment which concluded that breach of state obligations to align national law with union law and the resulting damage that fulfilled the three conditions outlined above would establish state liability and the state will have to provide requiring reparation. Based on the findings of the case it was concluded that both the above cases arrived at the same conclusion. In the C-66/95 The Queen v The Secretary of State for Social Security, ex parte Eunice Sutton case however the ECJ emphasised that it was up to the national courts to assess the amount of damage. The national court was expected to apply the principle of equivalence and effectiveness when deciding on the extent of reparation provided. Based on this a member state found to have breached community law could still avoid compensating the affected individual because of the exclusion or restrictive approach to state liability for judicial breaches in account of the legal certainty and res judicata principle. Legal certainty principle emphasized on the need to bring disputes to a final conclusion and once a dispute has been resolved, the decision can no longer be challenged based on the res judicata principle. This was applied in the C-224/01 Kobler case to decide if the state was liable for the damage suffered because it failed to legislate in accordance to Article 48 of free movement of workers. Words: 948 Bibliography: Paul Craig, 2007. EU Law: Text, Cases and Materials. 4th Edition. Oxford University Press. Tony Storey, 2011.Unlocking EU Law (Unlocking the Law). 3rd Edition. Routledge. Nigel Foster, 2012. Blackstones EU Treaties Legislation 2012-2013. 23rd Edition. Oxford University Press. Damian Chalmers, 2014. European Union Law: Text and Materials. 3rd Edition. Cambridge University Press. Francesco, Francesco Duina, 1997. Explaining Legal Implementation in the European Union. International Journal of the Sociology of Law, 25, 155-179. EUR-Lex. 2015. [ONLINE] https://eur-lex.europa.eu/homepage.html. [Accessed 08 April 2015].