Thursday, December 26, 2019

ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS - Free Essay Example

Sample details Pages: 8 Words: 2541 Downloads: 9 Date added: 2017/06/26 Category Business Essay Type Narrative essay Level High school Did you like this example? ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS Executive Summary: The reason of this study is to take in the essential genuine guidelines for which we can use in the sensible parts of business. The study is based on non-lawyers thusly we should give an adequate picture of the plans, for instance, the assent ion, thoughtlessness torts, break of conditions et cetera this is similarly valuable to grasp the taking in the true blue term used inside the business contracts. This study helped me to appreciate the key segments of a business contracts, Torts of Negligence and in like manner the aftereffects of break, and moreover apply the standards and laws for sensible circumstances Table of content: Executive Summary 02 Business contract 04 Types of contracts 04 Contract with references to their meaning and effects 04 Elements of contracts 05 Law on terms 06 Effects of different terms 07 Law of tort 07 Nature of liability in negligence 08 vicariously liable 08 Tort of negligence and defense 08 Elements of vicariously liability 09 Con clusion 10 References 11 Task 1 Don’t waste time! Our writers will create an original "ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS" essay for you Create order A) Business Contract 1) Offer and Acceptance There must be authentic offer and lawful acknowledgement in every generous contract so as to maintain it in the eyes of the law. Offer may be made either by words or conduct. Where an offer is made orally by words or staying in contact with, it is called as an express offer. If the offer is accumulated from the conduct of an individual, this is known as a construed offer. 2) Lawful Consideration Consideration is described by most statutes as the expense paid by one social event for the assurance of the other. (Cane, 1996) Accordingly, in every significant contract, every one social event must get something at the execution of the assent ion. 3) Capacity of get-togethers. Get-togethers to the assenting must be prepared. Consequently, they must be of the time of bigger part and of sound identity when the understanding is entered into. Henceforth, if a social affair to an assent ion does not touch base at to the time of larger part or does encounter the sick impacts of lunacy or ineptitude, such an understanding is not all around enforceable by law. 4) Free Consent Free Consent incorporates character of brains and surrendering to same sense. Consequently, free consent of all social affairs to an understanding is essential segment for every generous contract. However the free consent of social affairs should not any way be subjected to undue effect and moreover should not be misdirected by deception or trickiness. B) Types of contract The diverse bases on which the understanding could be orchestrated is inspected underneath: Contracts on the Basis of Creation, on the reason of creation, the understanding may be named under: Express Contract Express contract is one which is made by words talked or created. Implied Contract: A gathered contract is one which is made in general than by words talked or formed. It is determined from the conduct of an individual or the circumstances of the particular case. Implicit Contract: A suggested contract is one which is understood from the conduct of social events. C) Contracts with reference to their meaning/ effect 1. Structural Similarities By applying the Unified Contract Structure to the three sorts of understandings, all the individual terms may be balanced. For the most part, the acquisitions line up. Then again, diverged from gathering, one true change is paramount to modify the employment agree to the others. The change is by virtue of the end benefits. Customarily, severance benefits are joined with the end obtainments or immediately succeeding the end events. 2. Similarities The key likenesses are found in dominant part of the chronicle succeeding the terms of the arrangement, particularly in the representations, promises and general acquisitions. 3. Differences Clearly, there are true differentiations, basically in the terms of the arrangement, to be particular, in the exchange and thought acquisitions. i. Bargain Specific There are entrancing contrasts in the repayment and security terms. On the off chance that there ought to be an event of the repayment terms, the business consent particle commonly obliges the manager to repay the specialist; however the manufacturer comprehension requires the foreman to reimburse the association. On the off chance that there ought to emerge an event of the insurance, the employment consent particle normally states that the executive gives Director and Officer Insurance as an afterthought of the agent; in spite of the fact that the foreman comprehension will ordinarily require the manufacturer to pass on assurance as an afterthought of the association. ii. Meeting Driven- -Comparative Gaps This condition can similarly be seen when differentiating acquisition concurrences with cash understandings. By virtue of cash statements, they will practically constantly hold a representation counting commitment, despite the fact that a minority of acquirement understandings holds a tan amount obtainment. Task 2 A) Elements of contract Parties: The social events of an understanding are fundamentally the components included in the assent ion. These could be the name of an individual or an alternate business substance. Thought: The thought in an understanding spells out what everyone social event stands to build from the business course of action. (Cane, 1996). Continuing with the autonomous photographic craftsman representation, the thought acknowledged by the utilizing substance is the finished photographs, and the picture takers consideration is the portion picked up for giving the organization. Terms and Conditions: These can move by and large depending upon the method for the strategy for success. (Law, 2004) Customary cases can join the measure of portion, when portion is normal, the specific nature of the work included and to what degree the consent particle will stay essentially. Capable Parties: An understanding may be regarded invalid in case it could be exhibited that one of the social events wa s sanely blundering at the time of entering into the consent particle. An understanding may also be voided if one social affair was influenced by solutions or alcohol and the other get-together was aware of the first get-togethers condition. Genuine Purpose: A business contract must be for a genuine motivation to be seen as significant. In case, for example, one get-together deliberately contracted to pass on stolen stock for a short minute gathering, the second assembling would have no honest to goodness arrangement of activity if the first assembling fail to pass on the items to their normal end of the line B) Law on terms Imperativeness and impact of broken terms The imperativeness of a term may be clearly seen by exhibiting the assent ion. Thusly, if a comprehension is in the long run put into making structure, then the report is more slanted to be a term of the understanding. The general standard is that the social occasion is bound by all the terms set out in a contractual file once they have stamped it. This applies whether they have examined the terms and appreciated them or not. Terms may be Conditions or Warranties As contracts holds differing sorts of terms, some are oral and some are made and some are more crucial than others. The more vital terms are called conditions and the less important terms are called insurances. Conditions are considered so essential that without conditions one social event or the other get-together or both of the get-togethers would not enter into an understanding. (Law, 2004) so likewise, to make a condition mistakenly or to break a condition, it is seen so really that the wrong assembling will be met all requirements for treat the understanding as void or voidable. Where if the term is an assurance then the wronged get-together may have the ability to search for cash related damages for any mishap persevered by the social occasion and the assertions itself will stay tying on both get-togethers. C) Effect of different terms The Modeling Process To center the ordinary disasters one must first recognize the sort of event that can bring about an incident. Such an event can join ECO and wealth of plan breaking focuses (XPL) judgments. It may moreover join such things as pros compensation multictaimant mishaps, multi policy incidents, the stacking of uninsured driver cutoff focuses or runaway relegated disaster change costs. Occasion Definitions To center the typical adversities one must first recognize the sort of event that can bring about a hardship. Such an event can fuse ECO and richness of course of action breaking focuses (XPL) judgments. (Hedley, 1995) it may similarly fuse such things as authorities compensation multictaimant hardships, multi policy adversities, the stacking of uninsured driver cutoff focuses or runaway doled out adversity change costs. An event definition regularly fuses the going hand in hand with segments: harm, harm or hardship rising out of one or more than one game plan; that is the immediate aftereffect of one particular mishap, calamity or misfortune; that happens in its total at a specific time and place; and is traceable to the same single disaster, fiasco Task 3 A) Law of Tort Contract à ¢Ã¢â€š ¬Ã¢â‚¬Å" the relationship between the gatherings An understanding is a legally required comprehension formed by the regular consent of the social occasions. The social events may be known to each other, as with a client and an accountant, or they may be pariahs, as with an item association and a person who downloads and presents the item Contract à ¢Ã¢â€š ¬Ã¢â‚¬Å" the way of the commitment In a contractual relationship, the method for the dedication is controlled by the terms of the understanding. By entering into the assent ion, the get-togethers agree to recognize the resulting responsibilities. That is not to say that there is done chance of understanding, since certain contractual terms may be restricted by statute Contract à ¢Ã¢â€š ¬Ã¢â‚¬Å" causation and remoteness of harm This issue concerns the level of the respondents danger for the chain of events set in development by the break of understanding. (Hedley, 1995) the case is in which the respondent was contracted to transport a broken plant shaft from the inquirer production line. B) Nature of liability in negligence To be at danger for something, under the law, plans to be skilled by one means or another for a determination that achieves a violation of the law (criminal commitment) or in harm to others (basic danger). Danger obliges objective that is, youre not liable for something you didnt propose to do. Then again, the law perceives the thought of heedlessness as a methodology to consider an individual mindful when he fails to settle on legitimate decisions, paying little mind to the way that he didnt hope to cause harm. C) Vicariously liable Unlawful obstacle with another person or property signifies trespass. Vicarious commitment is the commitment of the common for the shows of their subordinate. It is the commitment of an untouchable who has the right, capacity or commitment to control the activities of a violator. Action in trespass lies against one presenting trespass through a substitute, as his/ her element administrator or joint part. At the point when the development is not done by the respondent himself; or not by the individual used, paid or controlled by the prosecutor, s/ he cant be made at danger. Liability streams from the relationship of master and servant. (Roxburgh, 1968) The association joins the capability to guide the servant in the execution of the commitments of his/her employment, and to control the shows that no mischief is completed to third persons Task 4 A) Tort of negligence and defenses Tort Law A collection of wrongful criminal and normal acts may expose a business to commitment. Cases join a specialist swindling the Medi-Cal framework, a dealership offering an auto with an insufficiently arranged fuel tank, and a wholesaler reneging on consent to give a settled measure of memory chips at a preset expense. (Roxburgh, 1968) of these three, tort law covers the second outline basic wrongs, other than a break of assenting, that mischief persons, property, fiscal financing or business associations and are realized by the exhibitions or oversights of others. To refuse debilitating verdicts and no-restriction legal advisor costs, everything associations require a crucial understanding of tort models. This will allow them to recognize and minimize potential dangers and to select the best sign of business. This gives that there should be a taking a gander at of the indiscretion of the irritated gathering and the disputant. This is the standard followed in by and large states. The heedlessness of the irritated gathering would not bar recovery in these states, yet would simply reduce the annoyed gatherings recovery to the degree that the evil was achieved by own particular specific recklessness. Defenses to Negligence A business may make preparations for imprudence affirm by ambushing any of the four recklessness parts. Possible obstructions consolidate (1) testing the status of the affronted gathering (e.g., invitee v. licensee) and the relating commitment of planning, (2) certifying that it acted in consent to the crucial standard of attention, (3) ambushing the causal association between act or oversight and harm or damage, or (4) tending to whether the affronted gathering bear any authentic setback. B) Elements of vicarious liability Vicarious commitment is the technique of considering an individual answerable for the developments of another person. Normally, the thought of vicarious danger applies to boss commitment for the developments of their specialists Vicarious liability à ¢Ã¢â€š ¬Ã…“in the course of employmentà ¢Ã¢â€š ¬Ã‚  For an official to be held at hazard, the wrong must be submitted inside the course of business. (Roxburgh, 1968)this paradigm is a request of reality, and it is superfluous whether the wrong devoted by the agent was sanction or not. An exec will simply stay far from danger in this situation in case it could be exhibited that a delegate acted on a skip of his own, or figuratively speaking, if the specialist acted in a way that was unconnected with his work. Conclusion: Not contemplating these little conditions can have a tremendous impact if and when it comes time to archive a case. It is quick to scrutinize your technique from front to back. Additionally if the association sends you any addendums for a method that is presently in force, keep them with the first approach, make sure to examine them totally. If you are not sure you fathom what the stating will be expressing, then it would be wise to uncover some individual who does. Acknowledge it or not, a protection org as a matter of first imperativeness target is not to pay claims out. References: Cane, Peter. (1996).Tort Law and Economic Interests. 2nd ed. Oxford: Clarendon Press. Deakin, Simon; Angus Johnston; Basil Markesinis (2003).Markesinis and Deakins Tort Law. Oxford University E McKendrick, Breach of Contract and the Meaning of Loss (1999) CLP 53. GH Treitel,Treitel on the Law of Contract(Sweet Maxwell 2003) T Weir,Tort Law(OUP 2002 Hedley, Steve. (1995). Recovering Lost Legacies: White v Jones in the Lords Inns of Court School of Law. (2004).Advanced Civil Litigation (Professional Negligence) in Practice (Blackstone Bar Manual S.)Oxford: Oxford University Press. Powell, John; Stewart, Roger Jackson, Rupert M. (2002).Jackson and Powell on Professional Negligence (Common Law Library). London: Sweet Maxwell. Randy E. Barnett,Contracts(2003) Aspen Publishers Roxburgh. (1968). Rondel v. Worsley: The Historical Background. 84Law Quarterly Review178 Roxburgh. (1969). Rondel v. Worsley: Immunity of the Bar. 84Law Quarterly Review513. RH Sturgess, The à ¢Ã¢â€š ¬Ã…“Loss of Chanceà ¢Ã¢â€š ¬Ã‚  Doctrine of Damages for Breach of Contract (2005) Bar Journal Vol. 79(9) 29. S Deakin, A Johnston and BS Markesinis,Markesinis and Deakins Tort Law(Clarendon 2003)

Wednesday, December 18, 2019

The Progressive Era And The End Of The First World War

Part I: The United States in Latin America since the Spanish-American War of 1898 American historians commonly refer to the period between the 1890s and the end of the First World War as the Progressive Era (Cocks, Holloran, Lessoff, 2009, vii). The Progressive Era is mostly associated with the presidencies of Republican heads of state Theodore Roosevelt (1901-09) and William Howard Taft (1909-1913) but also, with Democrat Woodrow Wilson (1913-21). It is generally remembered as a time of political reforms and of governmental desire to tackle social evils and inequality. The Progressive Era also embraced an important foreign policy agenda. Following the U.S. crushing victory in the Spanish-American War of 1898 under William McKinley, the United States began a new chapter in its relationship with Latin America. While some would see an inherent contradiction between Progressive values and the U.S. expansionism that arisen in Latin America (and in the Pacific), such paradox was not necessarily apparent to Washington. As argued by historian Lester D. Langley (2002), â€Å"despite their profound political differences, Roosevelt, Taft and Wilson agreed that the government played a powerful role in advancing hemispheric trade and in safeguarding U.S. investment† (p. xvii). Scientific racism, pre-conceived notions about Latin American and non-whites countries inferiority and the need to expand American financial enterprises made it easy for U.S. officials to reconcile ideals aboutShow MoreRelatedLessons Learnt From the Great Depression and Progressiv e Era1386 Words   |  6 PagesLessons from the Great Depression Progressive Era Lessons from the Great Depression Progressive Era The Progressive Era in American history began slightly before the turn of the 20th century and continued into the second decade of the 20th century, ending around the beginning of World War I. The Great Depression of 20th century American occurred in 1929 and the more intense short-term effects lasted up and through World War II. 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Note key people, major dates, policies, and outcomes for the New South. If necessary, additional rows may be added to the matrix. Plan Key People Dates Policies Outcomes Lincoln’s 10%Plan Abraham Lincoln AndrewRead MoreThe Progressive Era Essay1133 Words   |  5 Pagesaggregation of civilized settlements and large Cities influenced the economic movement, socially and culturally by the end of the Civil war and first World war. This brought about the industrialization and massive boom in immigration experienced at this period. Urbanization became key in the history of America and it has its influence in the attractiveness of the nation. The progressive era was from 1870 to 1916 which entered the period of urbanization in the United States. In the 19th century, a lot of

Tuesday, December 10, 2019

The f word free essay sample

In the book excerpt by Firoozeh Dumas, â€Å"The F-Word†, Dumas uses several techniques to hook her readers and keep their interest in her piece. It was her style, however, that did most of the work. Dumas article has a very strong single argument that she works toward throughout her entire piece. She claims that the English language could do with a bit more â€Å"spice†, as she calls it (Dumas). Though this argument is only listed only twice in the excerpt, it is the underlying foundation of every humorous story as well as every painful moment. Throughout the excerpt, Dumas has paired together the use of her style with how she builds ethos in the readers eyes. This creates a very good way to convey the argument, however it still lacks certain strengths. Had she written in a slightly more formal tone and included more evidence, she could have kept her humor and continued to build on her ethos by appealing to a more professional group. We will write a custom essay sample on The f word or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The use of an easy going conversational style in Dumas excerpt helps to portray her claim in a way that most readers will be able to identify with, however, the style does not work well in appealing to a professional setting due to the lack of empirical evidence. Dumas spends the entire excerpt, and probably a great deal of her book, simply building her ethos to her readers. She builds up her ethos by talking about all of her childhood stories about how her name was mispronounced or how she had to change her name to get anywhere in life. Within every single one of these stories, she uses subtle humor to get the reader to identify with her story just a little bit more. Humor creates a more personable view of the author for the readers and gives them more to identify with, thus pushing the authors ethos and respect higher. For good measure, she uses a situation that nearly everyone has had to face; having to respond to your name that has been horribly mispronounced in a public setting. An author that can use humor has a very powerful tool at their disposal. All of her stories come across in a light and conversational tone. The entire excerpt could easily be the transcript of a coffee house conversation. This conversational tone goes along with the style that she uses to once again make her look like a very personable author that an audience can identify with. Since she does not speak English as a native, she tends to use the occasional Farsi word or name, but she quickly explains its meaning or how the word translates. She spends some time going into the beauty of her language compared to the English language, once again, only to build ethos. She discusses the difference between Farsi names and how they mean things such as â€Å"beautiful† or â€Å"turquoise† and English names such as Richard, Dick, Bill and Susan and how they completely lack any sort of meaning. The use of humor, common situations and a conversational tone all lend to her overall use of style to make her argument. The use of her writing style does a great job of getting her argument across to the readers. The informal way that Dumas speaks to the readers and conveys her stories allows the readers to connect with her in a very powerful way. As noted above, she spends a great deal of time in the excerpt building her own image for the reader. This image will become a reputable character in the minds of her audience members. However, there is a problem with her easy going style. Her book is aimed at middle Americans or other immigrants living in the country. Her book is not aimed at professionals in a field, or people of power. By going with such an easy tone, she severely limits herself to appealing only to the average person. A more professional tone would have made her work more appealing to the professional world; a professional world that takes notice of current problems and addresses them. Dumas style also limits how much professional backing she has with her argument. Since she chose to work with such a style, she is unable to give any facts, figures or statistics to support her argument, at least in the given excerpt. Once again, had she used a more professional tone, she could have used more evidence than her own stories. Since her excerpt lacks facts and figures, she is unable to support her overall claim. By adding official figures of how much of the English language is derived from modern day immigrants, the number of foreign words added to the English dictionary, or even the ratio of immigrants to naturally born U. S. Citizens, would have helped her make the point that the English language is not accepting of new and unfamiliar words and sounds. Her overall claim is based on her own opinion, however, that doesnt mean she cant use some figures to support her idea. Through all of this, the style of her argument does limit her audience and some of her power, but she is still able to speak to a great deal of people in an easy tone. The style that Dumas chose to use with her book excerpt called â€Å"The F-Word,† is a very easy going and simple style that hooks the reader. Dumas claims that the English language could branch out and become more colorful to include more interesting sounds that other cultures use. This claim is headed by many stories that she tells from her life, ranging from the humorous to more serious events. All of these stories are told as if there were a very basic conversation taking place. She chooses to use a very relaxed style to move her audience. This style builds her ethos by allowing people to identify with her and make her a more believable and respectable author. This style, though, has its drawbacks in that she is unable to use any concrete evidence to back her claim and that she is unable to largely appeal to people in a professional manner, thus limiting her power to change the language. However, it would seem slightly strange to have a simple conversation and to be suddenly overwhelmed by different figures, statistics and facts that were suddenly strewn about. For the most part, Dumas choice of style was a smart choice because it allowed the audience to have a simple and somewhat entertaining reading experience. The style that Dumas chose helped portray her claim in a way that a great deal of people were able to identify with and understand, however, because of that choice in style, Dumas was unable to supply concrete evidence and power to further back her claim.

Monday, December 2, 2019

POPOs All Natural Pet Foods New Product

The World’s Healthiest Dog POPO’s All Natural Pet Foods have created a new product for dogs that is made up of natural ingredients. A unique combination of crops that have been organically fertilized will make all dogs much healthier, from bones to ears. In order to prove that this product has always been of high quality, we plan to organize a world’s dog show under the slogan – â€Å"The World’s Healthiest Dog: The Power of Nature†.Advertising We will write a custom essay sample on POPO’s All Natural Pet Foods New Product specifically for you for only $16.05 $11/page Learn More Such a competition will involve the participants whose pets are fond of POPO’s products. This would be a great chance for promoting a new product and for attracting more clients. The concept implies that this product is an essential condition for all dogs to be strong, invincible, and happy. The show will also imply also pro vide the exhibition of new products as well as the presentation of the production process that is carried out with the use of ecologically pure tools. In order to ensure the show’s success and idea, we also plan to cooperate with Born Free USA, a nonprofit organization that will serve as a guarantor of a healthy and ecological atmosphere of the show. Aside from organizing an event, it is also possible to post the results of competition on our official site to attract other owners of dogs and demonstrate all advantages of holding such competitions and buying these healthy and natural products. In addition, they can also express and share their opinions with other owners, which will be rather beneficial the product promotion. In addition, a successful communication with a client can be ensured through forums where the highly qualified professionals can answer all questions about the products, their quality and ingredients. Finally, we also plan to post the photos and videos of the event to demonstrate new opportunities for dogs to be stronger and healthier and for their masters to be satisfied. This essay on POPO’s All Natural Pet Foods New Product was written and submitted by user Firedrake to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Wednesday, November 27, 2019

The Environmental Change and the Collapse of Easter Island Essay Example

The Environmental Change and the Collapse of Easter Island Essay Example The Environmental Change and the Collapse of Easter Island Paper The Environmental Change and the Collapse of Easter Island Paper these factors cannot have played an important role in the collapse of the island. Although in the book is mentioned that the Easter Islanders sometimes had visitors, these visits were not regularly enough to be considered as a big influence. The last, and probably most important, factor is how society deals with the environment. As discussed above in the damage section, the inhabitants cut down many trees for several reasons and they destroyed different animal populations. But the political, social and religious factors behind the impacts are also of importance. The Easter Island Was divided into a dozen of territories were chiefs and there commoners lived. Every territory had their task, based on their valuable resource. Between the territories was a constant competition of building the most impressive platforms and statues. Building hose statues took them not only much effort, but it also required trees for wood, rope and timber. This contributed to the deforestation of the Easter Island. Unusual was, that although the territories competed with each other, they were integrated religiously and also economically and politically. The chiefs and priests on the island had promised to deliver beautiful harvest. Once the environmental situation on the island got worse and all the food was gone, the inhabitants of the island turned to the only food left: humans. But, not only the political system was destroyed, along with the chiefs power he religion got discarded. Based on the text above we formulated the following research question: How did the environmental changes cause the collapsing of Easter Island? To begin with, we will discuss the actions of the actors on micro level and the outcomes on the macro level. The people on Easter Island needed wood for heating, cremating bodies, gardening and for building and transporting the famous Easter statues. Therefore they used the resources on the island. But, because the island had to deal with lots of bad biological conditions, there was no reproducing of trees and animals. The deforestation led to biological changes, which caused the crop yields being decreased. When the forest on the island slowly disappeared, so did the sources of wild food. The most animal species on the island, in the air, and in the water surrounding it, became completely extinct due to a combination of overheating, deforestation, and predation by rats. After this environmental change, the inhabitants did not have enough resources left and because of the bad conditions they looked for alternatives like cannibalism. The cannibalism in combination with the lack of wood and food caused the decreasing of the population and the collapse of Easter Island. Coming back to our research question, we can state that the environmental change at Easter Island was mainly due to the behavior of the actors and not immediately caused by the initial conditions. The initial condition was the prosper of the island. There were enough resources for everyone, which allowed the statues to be made. People of the island were used to a high standard of life which meant they used a lot of resources and reproduced themselves, which allowed the population to grow. However, the people did tot consider the fact that the island was not able to reproduce enough resources.

Saturday, November 23, 2019

Free Essays on Religion In Schools

, which were purposely made vague. Much like anything we read, we have to interpret the meaning to apply it to a certain situation. So when it comes to allowing religion in the public schools, how do we decide if it is constitutional or not? Again, the constitution says, â€Å"Congress shall pass no law respecting an establishment of religion, or prohibiting the free exercise thereof.† Literally, it says that congress can not â€Å"establish† a religion. To me, this means that congress cannot say that, for instance, everyone must be a United Methodist. However, we interpret that â€Å"establish† means that congress cannot â€Å"accept or recognize† (Merriam-Webster on Establish) one particular religion. So let’s ask a question about religion in schools. â€Å"Can we open class with prayer?† The answer: not according to the Supreme Court’s interpretation of the first clause of the 1st amendment. Why is it then, that every Wednesday a group of us gathered around the flagpole in front of my public high school, Boyle County, to pray? Not only that, but before school there was a bible study in the library and praise music in the cafeteria, in addition to the bi-weekly F.C.A.... Free Essays on Religion In Schools Free Essays on Religion In Schools The Founding Fathers Had the 1st Amendment†¦ and the Last Word On December 15th, 1791, our â€Å"founding fathers† ratified the Bill of Rights, which have been both the basis of our freedoms and the basis of our limitations. In particular, the 1st Amendment, and more specifically, the first two clauses: â€Å" Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.† At the time this was written, the new Americans were trying to do everything they could in order to ensure that our government’s power was as limited as possible. The thought of England’s power was frightening and disturbing. But since the Bill of Rights was written, we have had to face many problems that force us to interpret the words, which were purposely made vague. Much like anything we read, we have to interpret the meaning to apply it to a certain situation. So when it comes to allowing religion in the public schools, how do we decide if it is constitutional or not? Again, the constitution says, â€Å"Congress shall pass no law respecting an establishment of religion, or prohibiting the free exercise thereof.† Literally, it says that congress can not â€Å"establish† a religion. To me, this means that congress cannot say that, for instance, everyone must be a United Methodist. However, we interpret that â€Å"establish† means that congress cannot â€Å"accept or recognize† (Merriam-Webster on Establish) one particular religion. So let’s ask a question about religion in schools. â€Å"Can we open class with prayer?† The answer: not according to the Supreme Court’s interpretation of the first clause of the 1st amendment. Why is it then, that every Wednesday a group of us gathered around the flagpole in front of my public high school, Boyle County, to pray? Not only that, but before school there was a bible study in the library and praise music in the cafeteria, in addition to the bi-weekly F.C.A....

Thursday, November 21, 2019

The Cultural Foods Values Of The US And China Reflected in The Two Essay

The Cultural Foods Values Of The US And China Reflected in The Two Capitals - Essay Example Dishes are displayed as well as consumed in a particular way. The Chinese food culture denotes that those properties that are inherent in the dishes are more significant than the nutrients they contain. Food in Beijing is also used as delineation of the Chinese cultural identity from all other cultural identities. It also remains a ritual, medicine, means of interaction and curiously an overture as well as finale to the act of coitus (Shek, 2005). To the Chinese, food also has sexual connotations. According to Gaozi, the venerable ancient Chinese philosopher, the appetite for food as also sex is fundamental to all too human nature. More than all other forms of life, consumption of food and sexual activity remain the twin basic activities of human beings. On a higher level, the quest for food and sex often transcends man’s mere survival or even sustenance, but seek artistic satisfaction and unadulterated sensual delight. As Richard Shek of California State University, Sacrament o and an authority on Chinese culture, aptly puts it â€Å"In fact, one may be tempted to conclude that the more variations and creativity in food preparation and consumption, as well as in sexual gratification, the more sophisticated and advanced the humans are† (Shek, 2005). ... So, at the time of preparing their meals, they might seek to find a balance through many ways. Chinese food should have five qualities viz., se or colour, Xing or appearance, xiang or aroma, wei or taste and chu or touch. The finished food should be a harmonious blend of natural/transformed colours of all seasonings, garnishing and ingredients and must have an attractive appearance as seen in the way the meat/vegetables are cut as well as arranged in the utensils. The food should have an aroma and should be not only appetizing but have a pleasing look as well. Finally, the touch-sensation as such food makes its entry into the eager mouth ought to conform to the level of crispness, tenderness and chewiness. Washington The Washington food culture is wholly at variance with that of the Chinese. Being the capital of the U.S and the famed centre of international power, Washington shares the food culture of not USA alone. Instead the food culture in this capital city is indeed a curious po tpourri of numerous culinary styles due to the presence of its diverse ethnical groups from all around the world and as such boast a multitude of eateries and restaurants as well as many other food avenues. This is partly owing to the city’s various foreign embassies and so is counted as an international city. This is a boon for connoisseurs of cooking, as they can find an astonishingly wide choice of ethnic cuisine without much effort. In fact people from, all parts of the planet have made Washington and its suburbs their home, bringing along with them all their vast culinary styles and tastes (Guide, 2012). According to Professor Emeritus John Ikerd of the Missouri University, â€Å"Eating makes a social statement – we eat with our family and our

Wednesday, November 20, 2019

Minimalism development through to modern time Essay

Minimalism development through to modern time - Essay Example Tracing back in time, we can find the examples of the Minimalist theory being exercised as early as the 18th century. This was the time when Goethe built an Altar of Good Fortune that was constructed solely of a stone sphere and cube. It was in the 1920s that artists such as Malevich and Duchamp started to produce works in the Minimalist mood. However, the American advocates in the form of Dan Flavin, Carl Andre, Ellsworth Kelly and Donald Judd did their best at reacting in a fast manner against the Abstract Expressionism in their respective bleak canvases, sculptures as well as installations from time to time. The Minimal Art has been concerned with a number of different movements like the Conceptual Art, which speaks for the manner in which the finished work has existed only as way to discuss the theory. Similarly, Pop Art is present there to form up a mixed fascination related with the impersonal ways and last but not the least, Land Art is available for one and all to see that fo cuses on the construction of simple shapes and figures. To put Minimal Art in the same perspective, the same has been quite successful at influencing the development of art in the 20th century in quite an enormous way. The Fluxus movement started out in New York in the 1960s which moved on further towards Europe and eventually to Japan. The Fluxus movement included a pretty fresh set of aesthetics that had already appeared in a number of different countries. That aesthetic encompasses a reductive gesturality.

Sunday, November 17, 2019

The novel prepare you for the Ending Essay Example for Free

The novel prepare you for the Ending Essay This is a lot like Hemmingways style of writing. It is written in a sort of a list. In the first chapter, before Lennie and George appear, the descriptions of the environment are lazy and languid. This is used to calm you and make you picture the environment as a natural environment, which it is. But all of a sudden, when Lennie and George appear in the chapter, all the sentences go short. The lazy languid sentences that were being used before are now short and sharp sentences. The vowels are also shorter than before. This is repeated as well in the setting before Lennie kills Curlys wife. Nothing changes when he starts stroking her hair but as soon as she says, Look out, now, youll muss it. The sentence structure changes yet again. This is because when she says that quote, she is nervous. It is the first sign that she is nervous Therefore the environment is disturbed so all the sentences that were long, are now short and sharp. Plot-Development In this paragraph I am going to be talking about how certain events work up to prepare you for the ending of the novel. One of the main obvious examples of plot-development, is a cycle of animals that Lennie slowly works through. First, Lennie starts off with a mouse, Uh-uh. Jus a dead mouse, George. I didnt kill it. Honest! I found it, I found it dead. This is what Lennie says to George when George finds a dead mouse which Lennie is stroking with his thumb. Later in the novel, in the barn, Lennie kills a puppy, He was so little, said Lennie. I was jus playin'. This is what Lennie says to Curlys wife, coincidently, just before she dies. Going by what he said, I dont believe that Lennie killed it purposely because he sounds sincere. Finally, this is what Lennie says to George when he sees him at the Salinas River. I done another bad thing. I think that Lennie knows what he has done is wrong but not what is going to happen to him. Curlys wife is also another example of the plot developing which leads to the ending. Her interest in Lennie starts off as a simple interest but because Lennie seems really interested in her, she becomes more interested. Also I think that Curlys wifes view of Lennie crushing Curlys hand was a sign of him protecting/defending her. This makes her interest in him develop some more. This leads to her going to see him in the barn in chapter five when the other ranch workers are playing horseshoes. But it ends in disaster, she lets her feelings out and says he can stroke her hair, but he doesnt let go and so she starts screaming. Lennie then grabs her head and starts shaking her around. Therefore, breaks her neck. This is the event simplified but I have explained it in more detail in a different paragraph. George, as the play goes along, gets increasingly involved with the community (the ranch workers). He does this by socialising with them and plays games with them. Equally, Lennie becomes increasingly out of control. I think that Lennie starts to lose control because George pays less attention to his needs. This shows that everything George does affects Lennies actions. Which is another example that they rely on one another. Linguistic Devices I am going to be discussing how the use of metaphors and images prepare you for the ending of the novel. Foreshadowing is used in a number of ways: Candy and his dog are both a good example of symbolism used in the novel. Candy and his dog foreshadow the end of the novel in many different ways. Firstly, they are both totally reliant on each other. This is the same in the case of Lennie and George. They are totally reliant on each other. George needs Lennie for company and, obviously, Lennie needs George because Lennie is not able to perform any function that requires any kind of skill. Secondly, Candys dog gets shot because hes no good to anyone The idea to shoot Candys dog was Kennys (Carlsons). He says that it is no good to him or anyone. Shooting it would just be putting it out of its misery Thirdly, Lennie is absent when the dog is shot. This is significant because Lennie is also going to get shot. Curlys wife is also not present at the time but at this stage this is not relevant. I think that the absence of Lennie is used to show that Lennie has never actually experienced the murder of something or someone by anyone else. Therefore making him think that he is safe. Fourthly, Candy doesnt shoot his dog. Candy views this decision as a mistake and wishes that he would of shot the dog instead of Kenny (Carlson). This is the only thing that distinguishes candy dog and Lennie George. Solitaire and other card games are mentioned in the novel. These are used to foreshadow the ending of the novel. Solitaire is a one-player game, which symbolises loneliness. I think that the men play solitaire because it represents their isolated lives. The first mention of the game is in chapter two when George is talking to candy. He sits down by a table, so does George. Georges interest in the game is on and off. But later in the novel when he plays it, Lennie is always somewhere else, doing something different. Also, because George plays this game, it shows that he is going to be alone in the end of the novel because only people that play solitaire in the novel are alone or going to be alone i. e. Candy Curlys wife is a symbol of the dream The idea of her is something that the men want like for example at the brothel. But the reality of her scares the men because they all feel a certain attraction towards her. This makes them fear and hate her because she has some power over them. They treat her as if she is an alien she is the only woman on the ranch. This makes the men treat her as if she is not meant to be there so as a result, they ignore her. However, when she dies, the dream dies. This shows that she was a symbol of life and the only means of escape. But her dream was to become a movie star and be free. As we know, the only way of escaping off the ranch is through death. This ten leads to the death, so her dreams lead her to death. This then leads to the death of Lennie because George also wants to be free, from Lennie. Lennie is compared to a bear throughout the novel, for example: Lennie dabbled his big paw This is the kind of action that a bear, or any other large creature, would perform. The reason why Lennie is compared to a bear is because of the fact that the features of a bear are identical to Lennie. They are both aggressive. An example of this is later seen in the novel. They are both also strong, dangerous, slow, lumbering, stupid, clumsy, they are also a victim of their own strength (Lennie kills the mouse, puppy and Curlys wife without realising he is doing so at the time). The idea of Lennie being hunted at the beginning and the end causes the death of Lennie in the end because Lennie is a comparison to a bear because he is a victim of his own strength and impulses, just like a bear. Show preview only The above preview is unformatted text This student written piece of work is one of many that can be found in our GCSE John Steinbeck section.

Friday, November 15, 2019

Personal Narrative Sociological Concepts in My Trip to Europe Essay

Personal Narrative Sociological Concepts in My Trip to Europe My trip to Europe was an eye opening experience. It awakened my senses to so many different aspects of life I had not already been introduced to. It was almost like watching a movie, from the minute I stepped of the plane everything was different. When I think about the trip and what experiences I had many sociological concepts come to mind, such as culture shock, ethnocentrism, culture, social locators, cultural transmission, norms, language, and subculture. It seems being placed directly in the middle of something that is so different made it easier to pick out the different concepts. When I first got off the plane I immediately experienced so many different emotions. People were talking all around me. But they all sounded so different. Instead of what I was used to, American accents mixed in with the occasional foreign accent. I was now the foreigner. I never before had experienced anything different than I had been taught; now I got to see with my own eyes what a world there is out side of the United States. I had never experienced culture shock before, or for that matter ever really understood it. When I was in France I noticed how different I was treated by the people there. The majority of people I met were polite because they were friends with the people I was staying with. But the people I met just out and about was rude. Even when I tried my best to talk to them in their language was ignored on some occasions and some just chose not to try to communicate. Once when I was in the post office trying to mail a package home I asked the Man in French is he understood English and in English he replied no. Thought that was interesting that he answered me in a la... ...de these squats to support themselves. Some of them had restaurants, bars. And even one had an Internet cafà ©. You could drink and smoke marijuana without worrying about the police bothering you. These people exist in their own little world with their own laws and norms to follow. These People had their very own sub culture. Deciding to take my trip to Europe was one of e best things I could have ever done for myself. Everyone should b lucky enough to get the opportunity to do the same. Now armed with the information about just the ginning of what is to be found out there in the world, I can find whom I am going to be and in which direction I wan to go. I realized that the States are just not as marvelous as we are told they are. The US such a small part of the entire world. There is so much going on around different foods religions languages culture, lifestyles,

Tuesday, November 12, 2019

Morality †Macbeth Essay

Morality is the reference to codes of conduct that are brought forward by a society. It is evident in the play Macbeth that making moral decisions is superior to making immoral choices. In the end of the play the result of the characters moral and immoral choices all comes to fruition. Consequently the actions of those who acted morally dealt with their situation much better than those who did not. Morality is the reference to codes of conduct that are brought forward by a society. It is evident in the play Macbeth that making moral decisions is superior to making immoral choices. In the end of the play the result of the characters moral and immoral choices all comes to fruition. Consequently the actions of those who acted morally dealt with their situation much better than those who did not. There were some characters in the play that knew exactly what was right and wrong, but still chose to ignore their integrity. Lady Macbeth demonstrates immoral behavior throughout the whole play which results in a tragic conclusion for everyone. For instance, she devised the plan to kill the king knowing very well that it was wrong to do so. In addition, she was tempted by the opportunity for power and convinced Macbeth to go along with the plan even though he was thinking about not doing it. â€Å"What beast was’t, then, /That made you break this enterprise to me? / When you durst do it, then you were a man;† (Shakespeare. 1. 7. 48-50). Macbeth was mainly depicted in the play to be immoral however he did seem to have some good morals in the beginning. He was perceived as a great warrior and was thought so highly of that Duncan granted him the title of Thane of Cawdor. Throughout the rest of the play there is a decline in Macbeth’s character after he immorally killed the King for no good reason other than power. â€Å"I am settled, and bend up/ Each corporal agent to this terrible feat. † (Shakespeare 1. 7. 80). This decision sparked a whole bunch of murders which resulted in a catastrophic ending for both Macbeth and his wife. There is some evidence in the play that would suggest that acting immorally will bring you good results. For instance, Macbeth knew that he would not become king since Duncan already revealed that his son Malcolm would be the imminent king. In order to fulfill the ambition that he was feeling he knew he had to act immorally. This turned out to be a great decision because Macbeth ended up with what he wanted which was to become the king. â€Å"Thou has it now: king, Cawdor, Glamis, all. † (Shakespeare. 3. 1. 1). Although Macbeth did get what the witches prophesied, the immoral behavior had its consequences. For example, towards the end of the play everything had turned against him including his own people and his wife committed suicide. â€Å"The Queen, my lord, is dead. † (Shakespeare 5. 5. 17). In Macbeth it is very blatantly depicted that choosing to indulge in immoral behavior will result in negative consequences. It is apparent at the end of the play that all of the immoral actions that took place resulted in a very disastrous ending.

Sunday, November 10, 2019

Counter-intelligence: successes and failures

Counter intelligence is the action taken by each and every intelligence organizations and other related sectors in order to prevent or put a stop on the other intelligence organizations that poses a threat to them.Furthermore, this type of action is taken by such intelligence organization to thwart hostile or intimidating enemy intelligence organizations from efficiently and successfully collect or gather information and other important data or records that is against them (Shulsky and Schmitt, p.1, 2002).More often than not, counter-intelligence, just like data gathering in a certain field, offers chances, chances of being successful and chances of failing, and it is important to understand that this is normal and occurs in one form or type of counter-intelligence to the other.In some instances, there are counter-intelligence agencies which are created by the government. These counter-intelligence agencies or sectors are separate from the intelligence group or sector that the govern ment had already created.Counter-intelligence agencies had been put up by a lot of country in order to specifically perform or conduct the collection and gathering of information, data, records, technologies, innovations and new facts from the enemy government, agency or intelligence sector. Furthermore, these counter-intelligence agencies research, study and conduct actions or services having specialized purposes (Fleisher, p.12, 2000).The counter-intelligence activities oftentimes include counter-espionage and may often include activities such as dissemination of incorrect data or records. The counter-intelligence sector or agencies often conduct or spread disinformation that has the goal or purpose of misleading their enemies or other counter-intelligence sectors and directly target the enemies’ intelligence method of collecting data, information and other resources.In some instances or for some counter-intelligence agencies such as the U.S. Espionage and Intelligence, the focus of their organization is to give or allow scholars and researchers from directly accessing new information, researches, data and other intelligence files which are already declassified (Davis, p.x, 1992).These information or data given to the scholars and researchers are often in the form of a detailed primary document that is about military, intelligence, diplomatic components or other new records and facts. Such new information is highly needed in order to obtain further or deeper understanding of some incidents or confrontations against other enemy agencies or government.Most often than not, both counter-intelligence and intelligence activities occur at the same time and side by side, not only among competing governments or military agencies but also in the commercial and private industries. Furthermore, the intelligence and counter-intelligence may also occur among law enforcement groups or agencies and the criminal groups or gangs.Spies or agents working for a counter-in telligence agency infiltrates the other enemy counter-intelligence agency or sector and prevent the enemy from its activities. In the purpose of preventing data collection and enemy’s human intelligence gathering from properly working, efforts of collecting and new information from them is also taken or done at the same time. In most cases, these spies or counter-intelligence agents have included in their mission or purpose, the detection, neutralization whenever possible, and the exploitation of the surveillance and intelligence activities of the other enemy spies.Of course, there are instances where the spies or counter-intelligence agents are discovered. When this happens, the counter-intelligence agency or sector has the rights and is empowered by the law and the constitution to arrest these suspected spies.Upon capturing them, exploitation or information collection and gathering is also done against these spies. Interrogations, subsequent test of loyalty, and manipulatio ns are done by the agencies to the captured spies to take advantage of the situation and benefit from the enemy spy’s existing knowledge. In this sense, counter-intelligence is already being committed or done by the agencies that captured, interrogated and manipulated the captured spy or enemy agent.Oftentimes, spies or enemy agents do not give in to the counter-intelligence agencies that captured them. In this case, the counter-intelligence agencies often neutralize or get rid of the spy in order to protect themselves or the information which was already â€Å"stolen† from them. Killing or neutralizing the captured spies or enemy agents is the next best thing that is done by the counter-intelligence agencies if they cannot exploit the spies.Captured spies are given chances to talk or squeal what they have learned or collected and bargain a cooperative plea with a penalty of imprisonment rather than directly giving or passing a death penalty. If the captured spy would talk or give all the information that he has, then the counter-intelligence would be a success for those who captured him, while it is a failure for those who â€Å"owned† or sent the spy that did not keep the code of secrecy (Godson, p.181, 1942).

Friday, November 8, 2019

Cosima essays

Cosima essays One would think that a person would inevitably have a similar point of view towards the world as the person who raised him. In life however, point of view is not inherited as genes are. In the novel Animal Dreams, Barbara Kingsolver, tells the story through the father, Homero, and his daughter, Cosima, who do tell of the same memories that are driven in different directions because of their own views. As the novel progresses, Homero and Cosima are affected by their difference in views and change their outlook to point in which they can both be on the same level on. One can say that they are two lines that in time will intersect. As the novel begins, Homero looks upon his children as a protector, and an inundating amount of love. As one continues to read the novel, it is evident that Homero does yearn to look at the world and at his girls with as much love as it is possible to offer. The death of his wife shaped him so that he became lost in his pain. Homero, therefore, tries not to get to attached to his daughters because the idea that he may lose them at any given moment is very prevalent in his mind. He viewed his daughters as special patients of his that he was to take care of in a special manner. He was so careful with them that he even made them wear orthopedic shoes while they were growing up. His experience in the worlds shaped him so that his point of view was just simply what you saw. In the beginning, Cosima is presented as someone who is so affected by her past that it is difficult for her to live in the future. She views the world with uncertainness because she cannot pinpoint the factual stuff in her memory. Cosima can be said to be very weak in the beginning of the novel because she needs someone there for her. She was raised in a household where she simply told what to do and what not to do. She as a grown woman still needed this because she truly resented her past. ...

Tuesday, November 5, 2019

Excited ABOUT, not for

Excited ABOUT, not for Excited ABOUT, not for Excited ABOUT, not for By Maeve Maddox Reader Alex has called my attention to a strange new usage with the word excited: People say excited for instead of excited about: Im excited for Avatar. It sounds clearly wrong to me. It sounds wrong to me as well. The phrase is being spread at a furious rate by entertainment writers. Anyone getting excited for Dan Browns new novel The Lost Symbol (gaming site) Lions fans at Ford Field excited for Ndamukong Suh (sports site) Kirstie Alley Excited for 17-Year-Old Sons Wedding (celebrity gossip site) A gaming site called NeoGAF seems especially determined to spread the abomination. Google tracks 8,190 examples from that site. I can think of one context in which for instead of about following excited could be justified: when one is sharing a friends excitement. On the pattern of I am happy for you, one could say Im excited for you. Otherwise, standard usage calls for excited about, as in these examples in which the writers (including entertainment writers) got it right: Why I Am Excited About the  iPad Rube Goldberg competition gets teens excited about STEM Why you need to be excited about SpyParty Rivers excited about RB prospects Rolling Stone’s Reasons To Be Excited About Music Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Expressions category, check our popular posts, or choose a related post below:20 Words with More Than One SpellingStory Writing 101â€Å"Least,† â€Å"Less,† â€Å"More,† and â€Å"Most†

Sunday, November 3, 2019

The Urban Scence Essay Example | Topics and Well Written Essays - 500 words

The Urban Scence - Essay Example lled outward expansion because people can simply build new settlements outside of old settlements, which is the same benefits and problems as lack of centralized planning of land use. Fiscal disparities and segregation between zones have benefits of allowing people be able to live near people of similar economic situation and industry, but at the cost of creating self perpetuating systems of oppression and poverty, because people from bad schools will continue to go to bad schools, have lack of access to services and so on. Question 2: There are a wide variety of anti-sprawl strategies that have been suggested to prevent sprawl. One of them is regional tax sharing: this means that taxes from upscale, somewhat sprawled areas will continue to be funneled into lower income areas where white flight and been causing emigration, thus limiting the effect of white flight because local services, school and so on will remain relatively good in inner-city areas, making them continue to have good schools, local services and cheaper property taxes that they would otherwise be able to do. Another is to create a regional planning committee which will coordinate growth and expansion, which is a good idea because there is simply no way to create a regional growth strategy without one. The fist strategy discussed in this article is to create a zoning boundary through which urban sprawl cannot go past. This will be a problem in a market based economy due to the fact that people will always pay higher rates to get where t hey want to go, which will create pockets of poverty and affluence wherever you go. Politicians only have a limited ability to fight sprawl, because they do not have control over areas outside of their control, and one of the fundamental aspects of sprawl is simply leaving the current boundaries and creating a new city/community. Regional planning councils, however, can mitigate this problem though not completely eliminate it. Question 3: There are a wide

Friday, November 1, 2019

Monetary Policy Wages, Markets and Income Essay Example | Topics and Well Written Essays - 500 words

Monetary Policy Wages, Markets and Income - Essay Example As asserted by Woodruff, the real interest rate is defined as the interest rate minus the rate of inflation in the economy. Viewing it in another way, interest rate, specifically the nominal interest rate, is the real interest rate plus the inflation. The nominal interest rate is what is actually applied to my mortgage or loan application. With this, it becomes evident that an increase in inflation brings about an increase in interest rate. As such, should I perceive that inflation is relatively during a particular period, then I may defer my decision to apply for a loan or mortgage until inflation has been curbed as expected by economic agencies. This would generally lessen my cost of borrowing given the resulting lower interest rate. Relative to inflation, Woodruff also noted that leading inflation indicators should be watched. These key reports include those on unemployment rate, employment cost index (ECI), GDP, consumer price index (CPI) and producer price index (PPI). The employment reports of the Department of Labor are deemed as the "harbinger of inflation." This is because of the perceived inverse relation between inflation and unemployment rate, meaning with a lower unemployment rate-an uptick in inflation is expected.

Wednesday, October 30, 2019

Foreseeability in law Coursework Example | Topics and Well Written Essays - 250 words

Foreseeability in law - Coursework Example There are numerous arguments claiming this requirement is unjust and that the defendant should be held responsible for the actual consequences of any careless conduct that results in injury, whether foreseeable or not. However, this broadens the scope of the tort considerably and would open up an endlessness of liability. Further, foreseeability ensures fairness for the defendant. Is would be unjust to hold a defendant liable for conduct which they could not have anticipated would result in injury. Being penalized for conduct which does not foreseeably cause injury would result in numerous frivolous claims. Accidents occur all of the time. While it would be fantastic for the injured party to always have recourse for legal action, it would not be fair to those defendants of whom are undeserving. There are some injuries no one could predict and no one but the forces of fate should be held responsible and certainly no one should be penalized. This may be unfortunate for the injured party, but the blame cannot always be laid at someone else's feet. Foreseeability ensures blame can only be laid at the feet of those who should have reasonably foreseen the consequences of their actions. This is fair. This is just. Taking away the requirement of forseeability would make the opposite true.

Monday, October 28, 2019

Key Points for the Defense of American Exceptionalism Essay Example for Free

Key Points for the Defense of American Exceptionalism Essay American Exceptionalism is the idea that America is founded on a creed. That creed is to spread liberty, freedom, and democracy to the rest of the world. G.K. Chesterton stated, â€Å"America is the only nation in the world that is founded on a creed.† The creed he mentions is stated in the Declaration of Independence. In the preamble, it is said that, â€Å"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. † In saying this, we affirm that everyone should be treated equally with all of their basic rights. However many countries in the world do not support this view. We, as citizens of the United States of America, are to spread this ideal throughout the world. Many Americans support this theory of American Exceptionalism by fighting for America, supporting or working for the American government, or just going out into the world to underprivileged, developing nations as an American. American Exceptionalism is still thriving today and has throughout the history of America. As Seymour Martin Lipset states in his book, American Exceptionalism: A Double Edged Sword, America is not like the other European nations that our Founding Fathers came from. He states that if you are a Frenchman, it is not because you believe in French values; it is because you live in France. You are American by believing in American values. You can’t be un-French, un-British, or un-German just because y ou don’t agree with what the nation stands for. However, you can be un-American by not believing in American values or what America stands for. This sets America apart from other nations. America has a national identity. We have a common set of values and beliefs unlike any other nation in the world. These values and beliefs are at the very core of American Exceptionalism. These are that America should be a light to the world. America has a duty, and this duty is to spread freedom and liberty to the oppressed, the poor, the mislead, and the entire world. It is these values that have driven America to take some of the actions it has in its  past. For example, America decided to intervene in the Vietnam and Korean wars. In both cases America intervened to stop the spread of Communism. In The Limits of Power by Andrew J. Eacezich, he argues that the governement is using the idea of American Exceptionalism to cover their own agenda. He says that American Exceptionalism is a false ideal created by the government to get people to go along with the wars supported by the government. The reason that this is a incorrect theory, is that American Exceptionalism was created by the people, not the government. The people believe in American Exceptionalism because they know that it is true and that it exists. If there was no support for American Exceptionalism, then there would be know way that we would still be able to have our troops in the Middle East. American Exceptionalism one of the reasons that we went over and it is the sole reason that we have been able to stay over there without a major outcry from the general public. Most people think about American Exceptionalism being through wars and conquest, however it has a peaceful aspect to it also. For example, the United States Navy has two hospital ships that sail around the world to provide comfort and relief to developing nations and nations in need around the world. They currently have two hospital ships in service, the USNS Comfort and the USNS Mercy. These ships provide relief to people who are desperate for medical attention. These are people in places that would likely not be able to aquire medical treatment if not for these ships. They treat everything from minor bacterial infections, to life-threatening tumors growing inside of people. This exemplifies American Exceptionalism because it is setting an example for the rest of the world. These ships are quality medical centers staffed by trained medical personnel. The United States also runs multiple other programs around the world to help with relief and support. For example, the United States has multiple relief programs in Africa for refugees. The refugees come from countries where there is civil war tearing apart their communites. They are forced to flee for their saftey, their freedom, and even their lives. The United States helps support refugee camps throughout the world so these people can return to their former lives as soon as possible. However, American Exceptionalism is not limited to just actions of the government. The American people are also spreading the creed of liberty, freedom, and democracy. For example, the American government is not the only source of  supplies for African refugees. The Red Cross is also a huge source of supplies for refugees. They accept donations to buy massive quantities of relief foods and other supplies to help people around the world. The Red Cross also provides relief for people affected by natural disasters. An example of this would be the tsunami that affected most of the countries on the Indian Ocean in 2004. Another one would be when the tsunami hit in Japan 2011 and caused the nuclear leaks along with the regular affects. In both of these cases American citizens sent support to the rest of the world through donations and direct volunteering for the Red Cross. Americans also go on many mission trips throughout the world. These people are usually on missions for churches to spread their religion with people in other countries. However, while they are over there, they also typically help improve the quality of life for the natives as much as they can. This involves building schools, washing them, and many other things like it. In the late 19th and early 20th centuries, the United States saw a big surge in immigration from other countries. Many people decided to come to the United States because they heard about how great it was. They would come on huge ships from Europe and be greeted by the Statue of Liberty when they arrived. If American Exceptionalism did not exist, then what reason did they immigrants have for taking the dangerous journey across the Atlantic and Pacific Oceans in a rickety ship? When the immigrants arrived, there were some cases where they were treated rudely, but for the most part, the immigrants were accepted into the society. Most people went into the society and mixed right in. This is the reason that America is called the â€Å"mixing pot of the world.† These reasons show ho w American Exceptionalism is still here today. There are many supporting details that show how American Exceptionalism does exist and that the age of American Exceptionalism is not over. From the government to the people of the United States, everybody helps to spread the creed America was founded on. Works Cited Chesterton, G. K. What I Saw in America. New York, New York: Hodder and Stoughton, 1922. Eacezich, Andrew J. The Limits of Power. New York, New York: Metropolitan Books, 2008. Lewis, V. Bradley. American Exceptionalism. America 3 10 2011: 19-22. Lipset, Seymour Martin. American Exceptionalism: A Double Edged Sword. New York, New York: W. W. Norton Co., 1996. National Archives of the United States of America. Declaration of Independence. National Archives. 30 11 2012.

Friday, October 25, 2019

Copper And Molybdenum Deposits In The United States :: essays research papers

Copper and Molybdenum Deposits in the United States   Ã‚  Ã‚  Ã‚  Ã‚  Copper and molybdenum resources were not recognized as valuable commodities until economic needs demanded the collection and processing of these minerals in large amounts. The most expansive deposits of copper and molybdenum occur in massive low grade ores and are found in intrusive porphyry formations, although many smaller sized but higher grade ores are located in non-porphyry areas. The nation has abundant domestic copper ore reserves but because of many detrimental economic factors much of the copper used by the U.S. industry is imported. Molybdenum ore is profuse and exports of it are high to fulfill the needs of foreign demand.   Ã‚  Ã‚  Ã‚  Ã‚  Copper was first used by people around 4000 B.C. in the manufacture of tools because of its malleability and later became an important additive in harder, more useful metals such as bronze (copper+tin; 2500 B.C.) and brass (copper+zinc; 0 A.D.). The growth of copper production in the United States has been a relatively recent occurrence. North American French explorers knew of sources of native copper in the region of Lake Superior and the area natives had copper jewelry and ornamentation. Earnest copper mining began in Simsbury, Connecticut about 1709 and copper was actually exported to England after a source was discovered in New Jersey around 1719. In later times domestic copper resources did not satisfy national needs until the discovery of gold in California shifted the focus of mineral exploration westward and strikes of rich copper ores occurred in Tennessee and the Cordilleran base regions. The Civil War caused copper demand to increase greatly in order to manufacture cartridges and canned goods, this resulted in the openings of numerous copper mines of which more than 90% were in the Lake Superior area giving an important advantage to the Union armies. Major copper production districts then shifted to Montana and Arizona in the early 1890's. Production increased to reach peak levels of 900,000 tons a year during World War I and in 1970 1,600,000 tons of copper were produced but recent levels are lower, fluctuating between 1-1.5 million tons a year. Technology has aided in increasing production efficiency wich resulted in spectacular resource development in the U.S. and around the world.   Ã‚  Ã‚  Ã‚  Ã‚  Molybdenum has been a major mineral since 1898 when it was discovered to harden steel as an additive and useful in compounding chemicals and dyes. Substantial mining began in 1900 in the southwest but the demand was so low that activity ceased in 1900. In 1906 the molybdenum industry boomed and with the dawn of WWI the need for quality steel further increased the necessity for this

Thursday, October 24, 2019

My Reflection of Ethics

A great philosopher of Ethics is Aristotle. His theory was originally introduced in ancient Greek times. Aristotle was a great believer in virtues and the meaning of virtue to him meant being able to fulfill one's functions. Some base ethics on pure reason, while others ground ethics in feelings or intuitions. Aristotle says that those who do lead a virtuous life are very happy and have sense of well-being. Happiness is the ultimate goal for everyone in life. Utilitarian’s believe ethics becomes a matter of calculating how to produce the greatest balance of pleasure over suffering.To become a better person, we must practice virtuous acts regularly. After a while, these acts will become a habit and so the virtuous acts part of our every day life and the person will be leading a virtuous life. For example, if a singer practices singing everyday, they will become better at it and used to doing it. People who practice their virtues improve their skills and therefore becoming happi er. When a person learns how to use the virtues, they become the characteristic of the person. For example, a person who has learned the virtue of generosity is often called a generous person because he or she is generous in all situations.Aristotle says we are most likely to acquire virtues by observing others in our society. If we experience other people being kind to us and see the happiness it creates we are more likely to practice this virtue then if we were just told to practice it. Social contract theorists believe ethical principals are made, not found. They also believe ethics are constructed by social groups, and exists for the benefit of those groups. Social contract theory is an examination of the justice and fairness of political and social and ethical systems.An example of this would be that I would never accept a rule that says, ‘women should have less opportunity to become president, or that African Americans should have less chance of going to college or be re stricted in the places they can live’. I wouldn’t accept such rules, because there’s a chance that I might step out from behind the ‘veil of ignorance’ and discover that I am an African-American woman. So I would favor setting up a society in which everyone has equal opportunity to compete for everything. Social contract theory forges an ethical system with no help from God or â€Å"natural law† or transcendent truths or powers of intuition.Egoism comes in two varieties. First is psychological egoism: the view that-as a matter of empirical psychological fact-all our behavior is selfish, or self-interested. Second is ethical egoism, which is the very different claim that we ought to always act in a way that is self-interested. If the claim is that everyone pursuing their own selfish interest will result in the greatest benefit for everyone, it is difficult to find any empirical grounds-biological, economic, or otherwise-for that universal egoi stic article of faith. Ethical relativism is the thesis that what is right is relative to each culture.Virtues in one country or society may not be the same as virtues in another. As virtues have evolved through society it is possible that good actions may be perceived as bad actions in another society. However the virtues stay the same in every community as well as the ultimate aim which is supreme happiness. Aristotle explains that all actions are done in order to reach an aim or goal. A series of actions are also leading towards an aim, for example getting up in to morning to go to work, leads to making money, leads to feeding our families, leads to going on holidays, etc.The utmost ultimate aim is to make people happy; everything is subordinate to the supreme good, which is happiness. Relative morality is based on the theory that truth and rightness is different for different people or cultures. Moral relativism states that morality is dependent on the society. It states that th ere are no moral absolutes and that there is no definite right or wrong. In some societies certain behavior is seen as morally right whereas in others the same behavior is not acceptable. To be a relativist is to accept this principle and not to judge others for their behavior.Moral relativists accept that whether a moral code exists because of tradition or religion, it may be needed to keep the society together. Some people may argue that any moral code is better than no moral code however the absence of moral rules would be disastrous for any society, it would not survive. People need set rules or moral codes to live by in order to make the right decisions and to keep society together in the long run. Without a set moral code everyone would have the opinion that their ideas and thinking is right; no one would be able to compromise.It would be much easier for everyone to be living under the same ‘rules'. This way people will know what is right and wrong without any disagreeme nts. Care ethics does not ignore or disparage reason, but it does emphasize the importance of empathy and affection, friendships and relationships: elements of ethics (from the perspective of care ethics) Kantian systems woefully neglect. Care ethics also diverges significantly from the impersonal calculations of utilitarianism. Another distinctive feature of care ethics is on certain views, our duties tend to be impersonal.We have duties and obligations to others, of course, but they are duties due to anyone in the same position. On the care view, we may also have impersonal duties, but at least as important are duties of a very personal and individual nature: duties we owe specifically to family and friends, are not to just any generic moral placeholder. These duties are owed not because we are reciprocating benefits we have received but because of our special relations. Furthermore, such duties are typically not based on choices or voluntary contracts.

Wednesday, October 23, 2019

Logical vs. Psychological

1. Read the first three paragraphs of â€Å"white Women and Slavery in the Caribbean, (page 181, Blooming with the Pouis) and identify two(2) examples of appeal to ethos. First example of appeal to ethos is found in paragraph two(2) sentence three(3): To date the primary focus of research (and this is reflected in the structure of historiography) is the black woman, with the coloured woman running a competitive second, and the white woman trailing behind at a distance†. The second example of appeal to ethos is found in paragraph three (3) sentence three(3): â€Å"Studies of the rise and fall of the planter class in Caribbean societies, for instance, have not paid systematic attention to the planter’s wife as a socio-economic agent†. 2. Read the last three paragraphs of chapter 32 in Blooming with the Pouis and identify what you consider to be the use of emotional proof (pathos). What type of claim (policy, cause, fact, definition, value) does the writer begin with (Problem parents neglect†¦)? What I consider to be the use of emotional proof (pathos) is: â€Å"There are also reports of parents sending their daughters to work in night clubs as scantily dressed dancers in order to earn money for their families, their sons to ‘hustle’ in the streets, and of fathers who feel that it is their ‘right’ to demand sexual intercourse from their daughters because they had undertaken the responsibility of their upbringing†. The type of claim is cause: â€Å"Problem parents neglect and abuse their children, often with serious consequences†.

Tuesday, October 22, 2019

IMPACT OF CULTURAL ON INTERNATIONAL BUSINESS Essays

IMPACT OF CULTURAL ON INTERNATIONAL BUSINESS Essays IMPACT OF CULTURAL ON INTERNATIONAL BUSINESS Essay IMPACT OF CULTURAL ON INTERNATIONAL BUSINESS Essay Impact of Cultural on International Business Name: Institution: Course: Tutor: Date: Impact of Cultural on International Business The saying that â€Å"one man’s meat is another man’s poison† is true and applicable in many areas and fields. The business sector is not an exception. This is mainly applicable when it comes to dealing in cultural matters. Doing business outside a country that is of a different culture other than yours can be quite a daunting task. Lack of knowledge of that particular country’s culture can lead to disaster if not failure in making a deal more often than not. Countries in the Asian continent have very different cultures than countries in America especially the U.S. It is important for one to know the culture of the people one is going to do business with. One might end up doing more harm than good. The â€Å"A-Okay† sign in the U.S., for instance, is a very offensive gesture in Brazil. It is the equivalent of the middle finger sign. Most business people do this sign with the aim of showing the other party that everything is okay but end up loosing a business deal as a Brazilian may see it as offensive: a sign of disrespect and humiliation. In the countries that practice the Muslim religion, showing the sole of the foot is seen as dirty and very disrespectful. It would not be very advisable to cross ones feet or one foot on top of the knee (casual sitting), as the Americans do, when trying to strike a deal with a Muslim in the Muslim countries. Shaking of the head does not necessarily mean â€Å"no† in Bulgaria. People shake their heads in order to show that they are listening. Most Americans and other people not familiar with this sign take it as though the Bulgarians are negative towards them. Alcohol plays a very big role in business dealings in some countries. This is contrary to the American way of doing business. In most Asian countries, liquor or beer may be shared in many business social events at any time of the day. Apricot brandy is served even in the morning in a country like Hungary. Refusing such an offer is seen as if one is being rude or cannot be trusted, unless one has a very good excuse. In other cases, punctuality is not as important in some countries as it is in others. For example, people in Sweden and Germany are strict timekeepers as compared to those in Spain, Costa Rica and Italy who are more flexible. Giving a gift to a Japanese businessperson, especially when wrapped with gold or red, can lead one into getting a good business deal. It is considered a good gesture; however, the gift should not be opened in front of the giver. It is considered disrespectful. When it comes to decision-making, people in a country such as Germany value decisions made b y panels while on the other hand, Americans advocate individual decision-making. The Ann Arbor, Mich., Company had its share of problems when it went international. When the company took its operations to Japan, it had to alter the way it delivered the pizzas from what it was used to in the U.S. Addresses there are determined by a building’s age rather than a particular sequence. The company’s business in Aruba also had to adjust to a number of differences. Motorcycles could no longer be used due to the strong island winds. Trucks had to be purchased in order to solve the problem. The situation in Philippine was not any better. The location of stores was carried out using feng shui, an art from China that positions buildings in accordance to a spiritual flow. The stores had to be kept open for more hours than in other areas as people stayed up more hours. In Italy, the people complained of the way the pizzas were made. The sauce was too bold and there were heavy toppings. Unfortunately, the pizza delivery company closed down and left the country. All these are cultural challenges that can be overcome if a company does thorough research before moving its business to the appointed location. For example, the company should have enquired about the environmental condition of Aruba before moving there. This could have saved the company the extra expensive of buying the motorcycles then buying the trucks. The inconveniences experienced in that situation would have been absent. It would also be advisable to have collaboration or an alliance with one or two business people who know the cultures of the appointed location and the origin of the mother company. In this way, these people will advice accordingly. For example, the company could have gotten Japanese people who know about the address system of the U.S and of Japan. In this way, the address situation could have been solved earlier. If a solution had not been found, then the business would not have been set at all in that part of the world. This applies to the situation in Phili ppine as well. The business in Italy had to adjust its way of preparing pizzas to the Italian style. It was necessary to close the business down. Conclusion As Ace, a company that went international even to Shanghai, China did, it is important to adjust to the cultures and business conditions of the country in which one is establishing a business. If it means including a native of China on the team establishing the business in order to get more knowledge and more access to the people in China for instance, then companies should do so. Doing the American way of doing business when trying to establish a business in Spain may not be advisable, if it is at the expense of the business itself. It is important for businesspersons to know the cultures of the countries or places where they are willing to establish a business. It would make business deals and transactions much easier. References Carlo, A. M. (Oct. 2006). Overseas Adjustment: Shanghai DC Lifts Ace’s Prospects. Home Channel News. New York, Volume 32, Issue 13: 26-28 Gibson, R. (Sep. 25, 2006). Small Business. Wall Street Journal, Page R. 8 Wade, J., (2004). The Pitfalls of Cross-Cultural Business. Risk Management, 51(3): 38-42.

Monday, October 21, 2019

Thanking a Professor for Writing a Recommendation Letter

Thanking a Professor for Writing a Recommendation Letter Recommendation letters are vital to your graduate school application. Its likely that you will need at least three letters and it can be hard to determine who to ask. Once you have professors in mind, they  agree to write a letter, and your application is submitted, your next step should be a simple thank you note showing your appreciation. Letters of recommendation  are a lot of work for professors and they  are asked to write a number of them each year. Unfortunately, the majority of students dont bother with a follow-up. Why Send a Thank-You Note? At its most basic, taking a few minutes to send a thank-you note is a common act of courtesy for someone who has taken the time to do you a favor, but it can also work to your benefit.A thank-you note helps you stand out from the other students and will help keep you in the writers good graces. After all, you may need a letter again in the future for another school or even a job. Recommendation Letters An effective grad school recommendation letter explains the basis for the evaluation. It may be based on your performance in the classroom, your  work as a research assistant  or a mentee, or any other interaction you had with faculty. Professors often take great pains to write letters that honestly discuss your potential for graduate study. They will take the time to include  specific details and examples that illustrate why youre a  good fit for the graduate program. They will also consider other factors to suggest that you will be successful in grad school and beyond. Their letters are not simply saying, Shell do great. Writing helpful letters takes time, effort, and considerable thought. Professors do not take this lightly and theyre not required to do it.  Whenever someone does something of this magnitude for you, its nice to  show your appreciation for their time and attention. Offer a Simple Thank You Graduate school is a big deal  and your professors are playing an important role in helping you get there. A thank you letter need not be lengthy or overly detailed. A  simple note will do. You can do this as soon as the application is in, though you might also want to follow-up once youre accepted to share your good news. Your thank you letter can be a nice email. Its certainly the quicker option, but your professors may also appreciate a simple card. Mailing a letter is not out of style and a handwritten letter has a personal  touch. It shows that you wanted to spend extra time to thank them for the time they put into your letter. Now that youre convinced that sending a letter is a good idea, what do you write? Below is a sample but you should tailor it to your situation and your relationship with your professor. A Sample Thank You Note Dear Dr. Smith, Thank you for taking the time to write on my behalf for my graduate school application. I appreciate your support throughout this process. I will keep you updated about my progress in applying to graduate school. Thanks again for your assistance. It is much appreciated. Sincerely, Sally