Wednesday, July 31, 2019

The Exposure of Feminist Critique in 19th Century Literature: a Look at Charlotte Brontë’s Jane Eyre

Resistance is the action of fighting back against an unwanted force that may be deemed oppressive in ones life. It is created for different causes and comes in many forms; it may be made verbal, explicit, implicit, physical, and even made humorous or satirical. Charlotte Bronte, a 19th century Victorian feminist wrote her novel Jane Eyre as a means of exposing the confining environments, shameful lack of education, and pitiful dependence upon male relatives for survival (Brackett, 2000). Charlotte Bronte used literature as a means of feminist cultural resistance by identifying the underlying factors of how the Victorian ideologies, gender and social construction of that time was limiting, and brings to light barriers that faced women in the early 19th century, and these same barriers that continue to face women today. Her feminist writings during this time period explored the depths of feminism and the ideas of limitations through class distinctions and boundaries in a hierarchal, classist, and sexist society during the time of Victorian England. You can read also Analysis of Literary Devices of Jane Eyre Charlotte Bronte’s novel Jane Eyre is a prime example of the use of feminist long fiction, which features female characters whose quest for self-satisfaction causes conflict within a traditionally patriarchal society (Brackett, 2000). Victorian ideologies in Bronte’s work and life are highly evident. In Jane Eyre, Bronte introduces and constantly refers to Jane as plain and stresses her lack of requisite beauty as the heroine of the novel. Presumably in male Victorian literature, the heroine or more so, damsel is presented as a fair maiden, with rosy cheeks and flashing eyes. Bronte uses this mould and opposes it by creating a female who is â€Å"puny, with irregular features whose unpromising physical attributes never fail to be remarked upon by everyone she encounters and by herself† (Brackett, 2000). Bronte purposely illustrates Jane as this â€Å"un-ideal† heroine to poke at the typical ideological female heroine. She also defies ideological Victorian etiquette in Jane Eyre. When Rochester is introduced to Jane, Bronte presents a feminist portrait of Jane and the time period in which a â€Å"woman walking alone in that era should never address a man, but Jane goes out of her way to help Rochester–she even lets him place his hand on her shoulder, and even though Rochester tries to stop her, Jane explains that she would never walk away without helping a person in need† (Brackett, 2000). The reversal of sex roles in the novel illustrates Bronte’s disapproval of the way women in Victorian society were deemed as unworthy of giving help and only receiving it. Throughout the novel Bronte ensures that Jane is constantly saving Rochester from emotionally and physically damaging situations. She rejects Rochester’s assumption that she is helpless, and declares her independence by saying, â€Å"I am no bird; and no net ensnares me; I am a free human being with an independent will which I now exert to leave you,† (Bronte, 282). Jane’s independence of mind in Victorian society â€Å"possesses her to a degree that would be a handicap to the conventional Victorian marriage and is a threat to the literary tradition of masculine heroism† (Bell, 1996). Bronte presents a Jane as realist, yet a utopian romantic, while at the same time confronting social reality. Everything Jane says enforces that she is not the typical romantic heroine whose life story shall end in marriage. Bronte uses Jane as a heroine who is able to recognize and finally break down the barriers if gender, and class. Resisting social construction during Bronte’s time is a difficult feat when women are dependant on men and wealth for survival. The idea of maintaining one’s class or fear becoming a poor outcast is presented several times throughout Jane’s life. Jane at a young age does not want to be associated with poorness by refusing to give up her middle class status she feels entitle to while living with the Reeds. When Jane is asked if she wants to find any of her other relatives she replies, â€Å"I should not like to belong to poor people† (Bronte, 10), and adds â€Å"I could not see how poor people had the means of being kind†¦Ã¢â‚¬  (Bronte, 10) after finding out that they too were poor. Jane is taught at a young age to look down on people not of her caste, and to oppress them the same way that she herself is oppressed as a female orphan. Though Jane is not influenced directly by social status at all times, it is still a constant factor which Bronte makes evident. In Victorian England, a female must either be born or married into her social class, and this is what defines her. The character of Jane served to undercut the popular female stereotypes of fiction: the angel of the house, the invalid, or the whore (Brackett, 2000). Bronte creates Jane as her own force, in which she is neither the angel, invalid or whore, but a young lady who is intelligent and has pride and dignity. In this Victorian society, her unsubmissiveness and independence is her social fault, which Bronte pokes fun at (Brackett, 2000). Male Victorian writers cast women during this time as social, finagling creatures whose goals are to obtain as many friends as possible and throw the most elaborate parties. Bronte opposes this by creating Jane as an opposite of these â€Å"defining† characteristics, by making Jane a female who could are less about how many people adore her, a female who would actually enjoy a life with few companions. As mentioned before, Jane’s sense of dignity is evident. As Jane became Rochester’s governess, she is faced with the option of becoming Rochester’s mistress, causing this internal battle between her love for Rochester and her self respect. Instead Jane declines this proposal as she would rather have her self respect intact, a move not many women would have chosen in Victorian society. Bronte is not only vocal about the absurdness of these Victorian ideologies, but she is also stringent in pointing out that these ideologies directly oppress the female gender. In Jane Eyre, Bronte criticizes the Victorian conceptions of gender roles. She does this in many ways throughout the novel, but one was by pointing out in Jane Eyre that Bertha Mason is seen as â€Å"inhuman† when she acts out by setting her husbands bed on fire. Bertha’s enraged with fury at her husband Rochester’s betrayal because he got engaged to Jane; Bronte conveys the point that women during this time should restrain all emotion, or else they are seen as alien. Bronte also stresses education, or lack thereof, which was something that women during that time either has very little of, or had no access too depending on their class. In a scene, when Jane is all but eight years old, Jane receives cruel treatment from her younger male cousin John Reed, and when she retaliates she is reprimanded for it and is told to treat her â€Å"young master† with respect, causing her to wonder is she herself is seen as a servant. Another idea of oppression through gender during the Victorian era in Jane Eyre is when Jane has to decide between either becoming either a teacher or a governess. This is important because it highlights that women had only two options in terms of employment, and both of which consist of male superiors. While lack of education in women was common during this time, Bronte again forces the reader to recognize Jane as being an individual, whose intelligence and education is equal to that of a man’s. Upper class women never had occupations, nor did they ever work. But following Jane’s engagement to Rochester, she tells him that she will continue to work because she refuses to be dependant on a man, and that she will not be subservient to him. Here Bronte is exposing the Victorian idea of dependency on husband/male relatives for survival, by making Jane dependant on only herself. She forces the reader to see that she has created Jane and Rochester equal. During the Victorian era, gender plays a defining role in how one is perceived within these Victorian ideologies and oppression because of gender, Women are supposed to be very calm generally but women feel just as men feel; they need exercise for their faculties, and a field for their efforts as much as their brothers do; they suffer from too rigid a restraint, too absolute a stagnation, precisely as men would suffer; and it is narrow-minded in their more privileged fellow-creatures to say that they ought to confine themselves to making puddings and knitting stockings, to playing on the piano and embroidering bags. It is thoughtless to condemn them, or laugh at them, if they seek to do more or learn more than custom has pronounced necessary for their sex† (Bronte, 96). This passage highlights Jane’s feelings of imprisonment and of the female condition, where females are clearly not treated as equal to men, and discusses Bronte’s own views on the general conditions of Victorian women. This passage also alludes to Bronte’s critique of not only gender roles, but the feelings of imprisonment of society, of her class, and of her battle with her feelings as a woman with morals. Bronte’s use of literature as an exposing agent of women during Victorian societies is important to the feminist cultural resistance movement. Throughout the novel, the oppression of women within Victorian ideologies, gender and social class is made clear, and Bronte uses Jane as an opposing force against these restraining ideas of the time. Jane not only has an ambiguous social standing, which leads to her to criticise discrimination based on one’s class, but she also is constantly fighting more powerful male forces than herself in order to not be seen by her sex but as a human individual. While this book was written in the 19th century, its vision does work towards social justice, recognizing and trying to bring to light these barriers that have and still continue to dominate the female sex. Bronte uses her art to expose male cultural power and female social identity during a time of artistic male dominance.

Tuesday, July 30, 2019

Contract and Chicago Medical School Essay

Facts: In December 1973 Robert Steinberg, the plaintiff, applied for admissions to the Chicago Medical School. He paid an application fee of $15, but his application was rejected. After being rejected he filed against the school, claiming that they did not evaluate his application according to the academic entrance criteria printed in the school’s bulletin. Steinberg argues that the school based its decision primarily on nonacademic consideration such as family connections between the applicant and his family to donate large sums of money to the school. Steinberg assets that by evaluating his application to these unpublished criteria, the school breached the contract it had created when it accepted his application fee. The trail court granted the defendant’s motion to dismiss, and Steinberg appealed. Issue: What is a contract? Rules: Mutual Assent- the parties to a contract must by show of words or condut that they have agreed to enter a contract. The usual method of mutual assent is by offering and acceptance. Consideration- each party to a contract must intentionally exchange a legal benefit or incur a legal deteriment as an inducement to the other party to make a renturn change. THIS FOR THAT basically. Legality of subject matter- the purpose of a contract must be not criminal, tortuous, or otherwise against public policy Capacity- the parties to a contract must have mental understanding of what they are entering into. Application: The contract that Steinberg and Chicago Medical School entered into meets the four requirements for a contractual contract. Therefore it is binding and legally enforceable. Conclusion: The court agreed with Steinberg’s position and that both parties did indeed enter a enforceable contract and under this contract by accepting the application fee the school must evaluate give him valuable consideration and his application evaluation was to be based on the criteria stated in the school’s bulletin. Steinberg accepted the school’s promises in good faith and he was.

Monday, July 29, 2019

Week 3 Article Example | Topics and Well Written Essays - 250 words

Week 3 - Article Example Besides, the emergence of information communication technology and expansive public-private partnership exposes corporates to public scrutiny hence need for integrity. The cut-throat competition that characterize this era of globalization emphasizes the need for ethical business practices. This is a multi-dimensional approach that would benefit corporates through offering a competitive level ground. It takes virtue to achieve this noble course lest the corporate world collapse into an avalanche of mayhem. Recent cases of corporate fraud by some firms and irresponsible observations are blamed on managers (Havard, 2007). For instance, the unfair Walmart labor practices, BP oil spill in Gulf of Mexico have all served as the examples of the cost of non-virtuous corporate leaders. There is need to emphasize virtue during selection of corporate managers as it serves as a critical tool in the modern business world (Havard, 2007). Virtue has been a key tool of organization progress in the long run from the past and in this era of a complex socio-economic and political dynamism, it is even more important. It is therefore worth to assert the need to consider virtue as a central corporate leadership selection

Sunday, July 28, 2019

Pow Wow Music Event of the Native Americans Term Paper

Pow Wow Music Event of the Native Americans - Term Paper Example The set-ups of the pow wow events are generally marked by series of big circles. The central circle is exclusively made for dance and is taken as dancing area. The central circle is surrounded by the circles consisting of MC’s table, groups playing drums consequently followed by sitting areas provided for dancers and their families. Outside these greater circles there are areas for the people who have come to attend and see the show followed by allotted areas for vendors and suppliers of food, music items, costume, jewellery, souvenirs, native art and crafts, tribal bead works, leather items of the Native Americans, shops for the tribal tattoo works and suppliers for regalia. The nature of the grand opening is sacred for some groups and they do not allow photography at all during this time. Others are quite lenient in this respect. Pow wow opening is followed by pow wow dance which are of myriad types. These dances are a descendant dance of tribes from Canada and the United St ates. The opening and closing session of the Pow-wow dance is of poignant importance. But apart from these two sessions, the most commonplace item in the session and the popular dance is the ‘intertribal dance’ under which the group playing the drum plays any song and the audience are free to join on any item of the session. The other popular dance of the Pow-wow dance basically comprise of the ‘round dance’ and the ‘crow hop’ and when these dances are performed they are performed by northern drummers or a song popularly known by the name of ‘horse stealing song’ performed by the ‘southern drum’ which is assisted by â€Å"double-beat† or â€Å"sneak-up† along with the Traditional and Jingle with the support of â€Å"sidestep†. And all these songs have different steps to be accompanied but the steps are subjected to freestyle of dance. Pow wow music is centrally accompanied with American-Indian drum ming followed by singing along with dancing in the pow wow performance. There are many genres of pow wow performance which is unique and typical to respective tribes.  

Saturday, July 27, 2019

Effectiveness of Delegation Assignment Example | Topics and Well Written Essays - 1750 words

Effectiveness of Delegation - Assignment Example Today’s environment is calling for a new dimension in delegation by emphasizing both horizontal and vertical delegation with much emphasis given to teamwork. Delegation must always be accompanied by effective coaching so that the delegates fully understand the task they are entrusted with to avoid any pitfalls which is likely to arise. Good communication is a prerequisite for effective delegation to take place and thus should be highly considered during the delegation process (Pratt, 1997). According to Klein et al. (2006), process of effective delegation is a beneficial process where both the manager, the employees and the organization benefits in the long run. The benefits the manager enjoys is so great since it makes the job easier and this frees him form various daunting tasks (Hackman, 1995). In addition, it also helps the manager to reduce stress and develop good rapport with the employees which is good for the success of an organization (Pratt, 1997). Delegation also en ables the manager to effectively groom his successor by assigning him the necessary task involved in such higher positions. Managers who do not delegate tasks derail their own advancement by not grooming someone to take their place when the need for promotion arises (Finch & Maddux, 2006). The employees equally benefit form the delegation process since it provides them with an avenue of professional growth and advancement at work place when they develop their skills properly (Johnson, 2000). In addition, it gives them a sense of achievement and personal satisfaction which leads to increased productivity at workplace and enhancing value to the organization (Lawson, 2007. This is achievable because they feel... The paper â€Å"Effectiveness of Delegation† dwells upon results of studies regarding delegation of duties in organizations. Research has shown that delegation has got both negative and positive outcomes and should thus be carefully applied in management to achieve positive outcomes.The process of delegation should be done very carefully so that it’s not seen as dumping of duties by the top management hence lowering the morale of the worker. Regardless of the size of the business, delegation is effective in all aspects of management hence inability to delegate may lead to ineffectiveness of an organization. Delegation must always be accompanied by effective coaching so that the delegates fully understand the task they are entrusted with to avoid any pitfalls which is likely to arise. Good communication is a prerequisite for effective delegation to take place and thus should be highly considered during the delegation process. The organization also benefits from delegatio n since it helps save money which would have been used to employ more staff thus straining the budget of the organization. Effective delegation involves encouraging creativity by welcoming new ideas form various individuals and this is important in the development of any organization. In effective delegation, the delegator surrenders the privileges he enjoys and accepts that the job will be done successfully by the delegate. Delegation is real and is happening in and in large scale in most organizations. The managers are required to understand the basic principles of delegation before initiating an effective delegation mechanism within an organization.

Humanitarian Cases in Africa Essay Example | Topics and Well Written Essays - 1000 words

Humanitarian Cases in Africa - Essay Example Several different causes may have played a vital role in the stimulation of this famine, most prominent being lack of rain and inability of the Government officials to provide sufficient funds to the agricultural and irrigation schemes of the country. Out of the four countries majorly affected, the most affected one is Somalia, where at least 6 out of 10,000 children are dying everyday due to inadequate amount and poor quality of edible material. (BBC News 2011) The question here rises as to why is Somalia most affected by this nature’sdisaster? According to senior journalists and analysts, Somalia had become a failed state since its establishment collapsed in the earlier 1990s. Adding to the situation, the major areas of the country including Southern, Central and the famine affected areas are under the control of a militant group called â€Å"al-Shabab† which is said to have links with â€Å"al-Qaeda†. People of Somalia, after two decades of non-stop struggle for their land, were already in astate where they fought for their very existence everyday. And when one thinks that what would be worse than this, the al-Shabab group forces out most of the Western Agencies from the areas under their control in 2009, which were mostly working for the aid of the aboriginals.(BBC News 2011; Ross 2011) A major portion of the people living in countries of Somalia, Ethiopia and Kenya, are pastoralists and nomads. They are mostly dependent on earning from livestock. But the intensity of the famine is so severe that even their drought-resistant camels also could not bear this famine and died. And their farms will now take many years of rain to recover to their previous state. The famine-hit areas of Somalia mostly receive rain in the month of November and the people who fled the famine are unlikely to return any time soon to plant crops in their fields. A prediction has been made by The Famine Early System Network that thewhole of Somalia is likely to experience a famine in the upcoming months.The area of Lower Shebelle which was considered as the bread-basket of Somalia has also been affected severely by the drought which forced many of the famers and businessmen to find an alternate for their home. (BBC News 2011) It has been reported that some 10,000 people have entered in the city of Mogadishu during the last two months with the plans of aiding the natives by several methods possible. While at the same time, danger and the fear of the al-Shabab group has made it difficult for the aiding agencies to perform their functions effectively. However it has been said that al-Shabab group has been escorted out of this city but still some armed members of this group can be seen patrolling certain areas. (Ross 2011) African pastoralists are among the most famine-vulnerable groups in the modern world. The long-term results of the famine crisis can be great or small, depending, in part, the form of relief. When famine strikes, the first problem which may arise is related to the transportation of food to the affected people. Can ways be found to offer relief to the pastoralists who discourage the formation of camps? For pragmatic reasons, donors or governments must institute food-for-work projects, how well can these involve the affected people in decisions regarding the o bjectives and beneficiaries of work? Where the traditional political leadership is credible and respected, can relief be administered in a manner which is more sensitive to such structures, even to the point of simply giving the relief food to the elders to distribute in a local fashion? The types of long-term development into which agencies and governments often drift

Friday, July 26, 2019

Barriers of Communication Essay Example | Topics and Well Written Essays - 250 words

Barriers of Communication - Essay Example In the time when every organization is trying hard to gain competitive advantage, appropriate use of time is one of the factors that makes a difference and provides an organization with an edge over the others (Grasso, Golen, and Burns, 2005, p. 37). Overcoming barriers to communication not only saves time, but it also makes it easier for the management to implement any kind of change any time, and saves the resources that are otherwise consumed in conveying information. The most detrimental barriers to the achievement of goals and objectives vary from one organization to another depending upon a range of factors. These factors include but are not limited to the location of organization, its culture, the size and nature of business, and the socio-economic circumstances prevailing in the region. To identify its most detrimental barriers, an organization should review its past performance and trace the roots of the problems that it has encountered. For some organizations, it might be barriers to communication, whereas for others, it might be barriers to change, lack of funds, or culture

Thursday, July 25, 2019

Purpose of Article 234 Essay Example | Topics and Well Written Essays - 1750 words

Purpose of Article 234 - Essay Example (3) Where any such question is raised in a case pending before a court or tribunal of a Member State, against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice. We can see that the European Court of Justice can only deliver preliminary rulings in certain circumstances and from a limited subset of organisations - namely courts and tribunals. Certain criteria must be fulfilled before a national court or tribunal can invoke Art 243. Closer examination of the provisions of the Art 234 leads us to ask the following questions: Article 249 makes it clear that a European Union Decision is 'binding in its entirety upon those to which it is addressed'. In this case the European Union Decision requires all member states to take necessary measures to ensure that pension schemes are equalised for male and female workers in order to eliminate any forms of discrimination based on gender. The Italian government has lead responsibility to make sure it is implemented. What is not clear on the facts before us is whether there is a question of Community law to be interpreted. The European Court of Justice will not hear any other matter. ... e the European Union Decision requires all member states to take necessary measures to ensure that pension schemes are equalised for male and female workers in order to eliminate any forms of discrimination based on gender. The Italian government has lead responsibility to make sure it is implemented. What is not clear on the facts before us is whether there is a question of Community law to be interpreted. The European Court of Justice will not hear any other matter. This is the only ground on which a national court or tribunal can request a preliminary ruling. If we refer back to Art 234(1) applicants must establish that they require a ruling which pertains to either the interpretation of the Treaty itself and or the interpretation and validity of an act by a European Community institution. With regard to Council statues, the statute itself must grant permission for preliminary hearings on the statue: Art 234(1) If there is no question of Community law to be interpreted then Maria will be denied her request for the Italian Medical Council to seek a preliminary ruling. The European Court of Justice has powers to neither interpret domestic law nor pass judgement on the compatibility of domestic law with European Community law: Van Gend en Loos (case 26/62). In Costa v ENEL (case 6/64) the European Court of Justice said: 'a decision should be given by the Court not upon the validity of an Italian law in relation to the Treaty, but only upon the interpretation of the above-mentioned [Treaty] Articles in the context of the points of law stated by the Giudice Conciliatore' The European Court of Justice also has no jurisdiction to rule on the application of Community law by national courts. Further it cannot invite national courts to refer matters to it: De

Wednesday, July 24, 2019

Finance Policy Assignment Example | Topics and Well Written Essays - 1750 words

Finance Policy - Assignment Example A business’s financial position is evident from its profit and loss account and the balance sheet. The balance sheet and the profit and loss statement should communicate the appropriate results of the firm to the CEO so that he can make decisions regarding investment. The financial statements of the firm should be made available to all so that they can make their own conclusions from the financial statements with respect to the operations in the firm. It is very important that the financial information provided must be reliable and authentic. The primary objective of my role as CFO is to interpret the firm’s accounts accurately and identify which of the investment methods could benefit the firm in the long as well as the short run. This could be achieved by making appropriate review of the financial statements as well as developing accurate interpretations. This is supposed to benefit the firm and its stakeholders. b) The company can use concise financial report, which consists of Consolidated Income Statement, Statement of Comprehensive Income, Balance Sheet, and Statement of Changes in Equity, Statement of Cash Flows so that all the third party investors and stakeholders could evaluate the firm’s business. ... The taxation requirements of the government should be met with appropriate heads showing profits before tax and profits after tax. Similarly the employees can get an idea about the functioning of the firm by analyzing the financial statements. The creditors and debtors value in the balance sheet along with the bad debts gives a clear understanding about the total debtors and creditors of the firm. The shareholders can understand the way the firm is functioning through the payment of dividends and the return on equity, which is projected in the financial statements. Question 2 a) High dividend policy to the shareholders signifies that the firm is earning high profits and, thus, is paying high dividend to its shareholders. This creates anticipation among the shareholders that the firm will pay them a higher amount of dividend in the next financial year. High dividend also signifies that the portion of debt capital in the firm in comparison to its equity capital is less, which implies t hat the firm has its own financial stability. b) If there are negative profits in the firm then the firm will pay a lesser amount of dividend. If the firm chooses to retain a high portion of its earnings for investment activities, even then the dividend payment will be less. c) High dividend payouts are popular and well appreciated by all the shareholders. But the problem that arises here is that if the firm earns high profits and provides high dividend to its investors in one year and in the next financial year its profit is less comparatively and so it fails to pay high dividends, then the shareholders will be unhappy with the firm. This will affect the bond and relation they have with the firm. As the shareholders are the primary investors in the

Tuesday, July 23, 2019

New Media Culture Essay Example | Topics and Well Written Essays - 3000 words

New Media Culture - Essay Example Indeed, social interactions and relationships have fulfilled several aims and social psychological aims of people. But in ages past, people have been more familiar with a traditional form of social relations whereby the people we come across in person become the only people we continue to relate to in our own unique social worlds. With technological advancement however, much of this trend has changed as technology has created an avenue for people to establish a social setting without really having to come to meet on a personal basis (Fiske, 1992). Sociality and communities have been digitized and advanced through technology and by the power of the internet through various social network platforms. In this essay, there is a careful scrutiny to new sociality and new communities as substitutes of old sociality and communities. As part of the scrutiny, the role of culture in technologically advanced societies shall be invested to come to conclusions with the merits and demerits associate d with new sociality and communities. Role of culture in technologically advanced societies Culture may generally be explained as the way in which a group of people live. This means it is the way of life of people and thus entails key variables that distinguish these people including language, meals, dressing, courtesy, social perception and interactivity. Culture has always been a key part of societies and communities. This is because most often than not, any given society is made up of people with core cultural similarities and the more these people are able to share these cultural similarities, the better it is for them to have their communities established (Wellman, B. et al., 2001). In cases where there are cultural differences, tolerance and acceptability have been identified to be the key to developing an effective community. Indeed, as much as this principle applies in the traditional setting, it has also been found to be useful and influential in this era of technologically advanced societies (Castells, 2001). Using various social media platforms such as Facebook, Twitter, YouTube and Whatsapp as examples, it can be noted that there is virtually none of these social media network that allows an open form of networking that lacks permissiveness by end users to decide who will be their social members and those who will not. This means that hosts and makers of these social networks understand the need for any two people to get along culturally well before relationships can be established in a technologically advanced society. Culture therefore plays the role of defining the kind of societies that can be established and how effective these societies will be once they are advanced into communities. Culture also determines whether or not people will have their social psychological needs satisfied in technologically advanced societies. Approaches to Social Network Theory Generally, social network theory makes use of two major approaches or schemes namely nod es and ties. As far as nodes are concerned, reference made to individual actors who are found within the network, while ties refer to the nature of relationships that are established between these actors (Granovetter, 1983). Social network theory has actually been related to traditional sociological studies, where it has been said that

Monday, July 22, 2019

Culture Intervention in the School Essay Example for Free

Culture Intervention in the School Essay In (PLEASE PUT THE NAME OF YOUR SCHOOL HERE), students coming from different races and ethnicities are accepted. Thus, this creates a student body which is culturally diverse and different in terms of the beliefs, values, languages, and other aspects related to culture. People coming from different cultures are not expected to have a harmonious relationship right away especially with regard to their young age. However, there may be some forms of intervention that can reduce the friction, tension, and conflict due to cultural differences. Before delving into the details of intervention for culture, it is necessary to define culture to be able to target the right elements. Culture is defined â€Å"in anthropology, the patterns of behavior and thinking that people living in social groups learn, create, and share† (Bodley, 2005). This is comprised of the â€Å"beliefs, rules of behavior, language, rituals, art, technology, style of dress, ways of producing and cooking food, religion, and political and economic systems† (Bodley, 2005). Thus, the term culture encompasses a wide range of factors that paves the way for more differences among the students. There are several intervention measures that can be put into application in the school. First, it is important that there is an atmosphere in existent in the school that clearly sets a zero tolerance for bullying and by-standing within the premises of the school. Bullying and by-standing are common consequences of variations in culture. More often than not, the students belonging to the majority culture teases the students who are members of the cultural minority groups. This could lead to bullying and constant fear and inferiority for those who become the victims of the bullies and by-standers. With the foregoing statement, the school administration, in cooperation with the parents, should be able to make a concerted effort to make and agree on policies that will lead to harmonious relationships between the culturally-varied students. Corresponding sanctions should be placed upon the violations and their degrees should be identified. Moreover, rewards for those students who help in creating a stable environment and who makes a way to accept cultural differences in the school should be given a rewards in terms of academic and recognition factors. This is a long and tedious process and there are a lot of factors and minute details to be considered in making the policies. Also, through the cooperation of the parents, there will be reinforcement measures even when the children go back to their homes. It will not simply be a school responsibility for them but hopefully, will become a way of life and a part of their values. Second, there is a need for adult mentors to become visible to the students. However, they should not see these adult mentors as someone who would always pinpoint their mistakes and become an authoritative figure that will constrict their movements. Rather, these adult mentors should be perceived as persons who will be a help within their reach for any problem they have. Adult mentors will be based on a schedule formulated for each break period to patrol on places where the children mostly are and in places that become a favorable place for bullying. The procedures for this should be discusses together with the first culture intervention. Lastly, the students should also be involved in the efforts to have an environment which accepts cultural differences. This can be done by having one class period devoted to an open discussion regarding the different cultures of students and to highlight the exciting and new information about each culture. This way, the students will become aware that it is not only their culture that is in existent but there are a lot of colorful things to look forward to in the treasure box of another student’s culture. Also, the homeroom adviser or teacher could serve as a facilitator for discussion that will dwell on the different problems of culture they have in the school right now. The children are expected to understand this with a proper explanation from the facilitator. The facilitators of the group discussions will have to undergo training for this subject. References Bodley, J. H. 2005. Culture. Microsoft ® Encarta ® 2006 [CD]. Redmond, WA: Microsoft Corporation.

Control Smoking Essay Example for Free

Control Smoking Essay Everywhere, we see people smoking where most of them are men. It has become a trend and a daily necessity to smokers. Therefore, it is very difficult to control smoking habit. However, benefit of smoking only for certain things such as increasing in economy income and chance of jobs but as for individual, it will only bring harm rather than good. Body A. Topic Sentence Most of smokers which are men have a lack of awareness about disadvantages of smoking. There are several disadvantages that can be seen from smoking, such as smoking is a cause of lung dysfunction. Supporting Point A cigarettes contains almost 600 ingredients, when burned it would produce about 6000 chemicals, where one of it is tar. The tar mostly will sticks to the cilia in our lungs and more things is it will be the cause of chronic obstructive pulmonary disease or COPD a. Specific Detail. Cilia are microscopic, hair-like structures that extend from the surface of every human. This can be found in the lungs, respiratory tract and middle ear. These cilia have a rhythmic waving, in other words, cilia will act as a broom that clean dirt in your respiratory system. b. Specific Detail COPD will affect the function of the lungs and how oxygen being delivers into the body plus it also the cause of chronic bronchitis and emphysema and involve the charge in the structure of your lung tissue and airways. Topic Sentence Moreover, cancer is also one of the contributions from smoking cigarettes. There are many statistics and organization that make research about cigarette but none of them have proven that cigarette’s a good thing. Supporting Point There are many kind of cancer from smoking habit and some of them are mouth and throat cancer. a. Supporting Detail Cigarette contains many cancer agents know as carcinogens. These carcinogens can cause mutations in mouth cells and develop a mouth cancer. b. Supporting Detail Since carcinogen is an agent of cancer that contain in cigarettes, it also can affect throat which lead to throat cancer. Moreover, the heat from burned cigarettes, also contribute in having Topic Sentence Another reason why smoking can harms the smokers because it can affect heart and blood vessel ability and yet there are many smokers who did not realise or lack of knowledge about the effect of smoking. Supporting point Smoking can change the structure of blood vessels. This can lead to the build-up of plaque that hardens and narrows the vessels, causing a disease called atherosclerosis. Atherosclerosis is a common cause of heart attacks and peripheral arterial disease (P.A.D.) a.Specific detail Atherosclerosis is a disease which is plaque builds up inside your arteries. Ingredients that contain in the cigarettes will help the build-up of the plaque. Over time, plaque hardens and narrows your arteries. This limits the flow of oxygen-rich blood to your organs and other parts of your body and also it is one of the factor of heart attacks. b.Specific detail Peripheral arterial disease (P.A.D.) also a disease in which plaque builds up in the arteries that carry blood to your head, organs, and limbs P.A.D.  usually affects the arteries in the legs. Smoking is the main risk factor for P.A.D. the smokers will have a risk of P.A.D. increases up to four times. Conclusion This are some of the bad effect by smoking cigarette which will affect your life, family and also people around you either in the past, present and future. Even though, some people may assume smoking is a good thing for them but the fact is that smoking is a bad habit that brings bad life style. Therefore we hope that every smoker in the world realise and start taking action on stopping a smoking habit because there are no benefit can be get from smoking.

Sunday, July 21, 2019

Features of Advocacy in Court

Features of Advocacy in Court Advocacy What is Advocacy? Advocacy is when a solicitor attends court to represent their client. In simple form, advocacy is the art of communication. A solicitor will attend court and do the very best for their client to ensure they achieve the best possible result. It involves public speaking, which can be quite intimidating when you first attend court. However, with practice and experience the task does become easier. You will find that the more appearances you make at Court, the easier it will become and the more you will improve and become more confident. Your oral communication skills will develop and so will your ability to put forward structured and coherent arguments Advocacy; the Legal Practice Course and Becoming a Trainee The Solicitors Regulation Authority, which regulates solicitors in England and Wales and governs and sets the standard for Legal Practice Course Providers, states that advocacy and litigation is compulsory part of the Legal Practice Course. Advocacy skills are therefore assessed in the context of civil and/or criminal litigation. The Solicitors Regulation Authority lays down the requirements for advocacy in the Legal Practice Course and they expect students to formulate coherent submissions based upon fact, general principles and legal authority in a structured, concise and persuasive manner. Preparation is crucial and the student needs to understand the importance of it. The Solicitors Regulation Authority states that for the purposes of advocacy students need to do the following:- Identify the client’s objectives Bear in mind client care and professional conduct issues in preparing and presenting the case Identify and analyse the factual material Identify the legal context in which the factual issues arise Apply the law to the facts Identify the strengths and weaknesses of the case from each party’s perspective. Present the case effectively. Outline the facts in simply narrative form Prepare the legal framework for the case Prepare the submission as a series of propositions based on the evidence. Identify, analyse and assess the communication skills and techniques used by other advocates. Demonstrate an understanding of the ethics, etiquette and conventions of advocacy. The above 12 points are skills that the student should acquire in order to be a competent and confident advocate. The Legal Practice Course will introduce the student to the general principles of advocacy. Advocacy is taught through role-play and simulation through the subjects of civil litigation and criminal litigation. For example, the student may have to conduct an application for an interim payment or summary judgment in the context of civil litigation and be able to represent either the claimant or defendant. In the context of criminal law, the student may, by way of illustration, have to act for either the defence or prosecution in an application for bail, a sentencing hearing etc. Following the Legal Practice Course and during the training contract the student will attend a Professional Skills Course. On the Professional Skills Course you will further develop your knowledge and skills of advocacy. During your training contract you should gain experience in preparing a case, conducting and presenting a case. Your advocacy skills will undoubtedly improve and develop in time. Solicitors’ Rights of Audience Under section 36 of the Access to Justice Act 2000 solicitors share with barristers a right of audience before every court. However, in relation to solicitors they are not able to appear as an advocate in higher courts unless they have satisfied the requirements of the Law Society’s qualification regime in relation to higher rights of audience. Solicitors can apply for higher courts qualifications and to do this they must pass written and practical examinations. Solicitors have automatic rights of audience in the Magistrates Court and County Court. In other courts such as the Crown Court and The High Court solicitors have limited rights of audience, although their rights of audience can be extended, as indicated above. Effective Advocacy Effective advocacy depends on two things; one is good preparation and the second is having persuasive oral communication skills. 1. Preparation By preparing thoroughly you will gain knowledge of both the facts in the case and also the relevant law. If you have thoroughly prepared then you will have the confidence to make an effective presentation. Be very familiar with the case by reading the file to ensure you are familiar with all of the facts. Ensure you have obtained all the evidence you require and explored all necessary avenues. Research the law to ensure you can back-up what you say and are confident that it is correct. For instance, if you need to make a bail application, you would need to be familiar with the Bail Act 1976 and be able to apply the facts of your case to the law. Preparation is therefore fundamental to successful advocacy. By going through all papers filed in the case and all of the evidence you will need to formulate your argument and decide what evidence to call and what evidence of the other side you need to attack or undermine. Careful planning will also allow you to establish which witnesses you need to call and the order in which they should be called to ensure that the witnesses are presented in an order that presents your theory of the case in the best possible way. Have a Theory You should have a theory of the case which is your version of the disputed facts. This will help you to formulate your argument and will help you decide what evidence you need to call. By having a theory it will help guide you through and will ensure you present your case effectively. Further, it will help you maintain a consistent and logical position throughout the case and will keep you focused. When formulating your theory for the case it is important that you do not do this too early in a case because if you do it too early you may discard alternative and stronger theories and ignore certain leads. Your theory should be close to the client’s account of events. It can also be useful if you consider what your opponent’s theory is likely to be as this will assist you in preparing for cross-examination. 2. What makes an Oral Presentation Persuasive? There are certain qualities a good advocate will possess which will make their oral presentation persuasive. The student will find they will develop these through experience. The student should bear in mind the following factors as they will enhance their oral presentation and ensure it is persuasive:- 1.  Eye contact By maintaining eye contact with your listener it will enhance your oral presentation. It will show you are confident and it will also allow you to assess the reaction your submission is having on your listener. For example, you will be able to see if the listener is becoming bored and, if they are, you will know you have to move on accordingly or change your stance. It will also allow you to see if you are losing their attention. In addition, by maintaining eye contact with the listener it will stop you from getting caught up in your notes and this will avoid your advocacy having a lack of authenticity. 2.  Voice Before talking take a deep breath as this will help you to relax and it will enhance the sound of your voice. Do not talk too loudly or too aggressively, or be too softly spoken. Ensure you talk loud enough to be heard and talk clearly. Your delivery needs to be interesting. It may be useful to record yourself and then replay it in order that you can assess your delivery and this will help you improve. 3.  Pace You will need to pace your submission correctly. It is important that you do not present what you say too slowly or too quickly. Do not read from a prepared script as you are more likely to read too quickly and as a result the listener will not be able to follow your argument. If you present your argument too slowly this can make your listener lose interest in what you are saying. In order to adopt the required pace again it is a useful idea to record yourself and replay it. 4.  Pause This can be a very effective device when you are doing your presentation. You should use it for effect. For instance, if you believe the listener is no longer listening to you, pause and this will regain their attention because they will wonder why you have stopped. In addition, if you have a particularly telling point to advance, make the point and then pause. This will enable the listener to consider the point and will create more of an impact. It will also enhance the impact of your overall presentation. 5.  Posture Stand up straight with your head slightly elevated. Do not slouch. By having the correct posture it will help you look more confident and having a good posture will enhance the quality of your voice and make you appear more relaxed. 6.  Distracting mannerisms You may have distracting mannerisms but be unaware of what they are. It is worth recording yourself making an oral submission in order that you can consider whether your body language detracts from the message you are putting across. Distracting mannerisms could be, for example, fiddling with something in your pocket, clicking your pen, touching your face or hair. You may be doing these things subconsciously. When playing the recording consider whether you do any of these when making a submission and consider do you look relaxed and confident. You need to ensure that you do not have any mannerisms which distract from the message you are trying to put across. 7.  Structure Ensure your presentation is structured and this will make it persuasive. When planning your presentation devise a structure. This will ensure you do not repeat anything. When preparing your submission ensure it has a beginning, middle and end. Keep your submission concise. Avoid reading out sections from statutes and case law. Instead, highlight the relevant part of the statute/case and hand them to the judge/bench to read and simply refer to them and summarise the key points of the case/statute. 8.  Brevity Always try to keep your submission to the point. The court’s time is very precious. Through careful preparation and by having a logical structure in place will assist you in keeping your submission concise. 9.  Persona As mentioned above, it is important that when you are appearing as an advocate that you look confident. Even though you will probably be very nervous, anxious and not very confident when first attending court, you must try to look confident. By dressing appropriately, in a smart suit, you will look the part and this will help with your confidence. Further, by looking the part the client will have confidence with you and you will convey the correct impression to the court. Remember that first impressions count. Be organised and this will help ensure your composure and professionalism come across. 10.  Language Bear in mind that words can be a very powerful tool with which to covey a message. Carefully choose your words and consider whether there is a more powerful adjective which will advance the point you are trying to make. When making your submission try to use language which involves the listener. For example: ‘Sir, if I could refer you to the prepared map of the road. This identifies where the collision occurred’. Professional Ethics Solicitors owe a duty to their clients to do the best for them. In addition, solicitors owe a duty to the court and the administration of justice. A solicitor owes a duty to the court to act with independence and in the interests of justice. A solicitor must never deceive, or knowingly/recklessly, mislead the court. For instance, if a client admitted to having misled the court in any material matter relating to the ongoing proceedings a solicitor must not act further in those proceedings unless the client agrees to disclose the truth to the court. A typical example of this would be where the client has misled the court by pleading not guilty when he admits he has misled the court because he has told you he is guilty. If the client admits his guilt to you, you cannot continue to act on the clients behalf because you would be deceiving/misleading the court. Etiquette You need to be familiar with the etiquette of the court you are appearing before, such as the correct way to address the court, your opponent and witnesses. The following details the ways you should address the bench, the other side and witnesses:- Addressing the Bench You should address members of the bench in the following ways: A Bench of lay magistrates should be addressed as Your worships’ or ’Sir/Madam and your colleagues. A circuit judge/recorder should be referred to as Your Honour A district judge of the High Court and County Court should be addressed as Sir or Madam A master of the Supreme Court or a taxing master should be addressed as Master Addressing the other side If the person representing the other party is a Barrister you should refer to them as my learned friend. If the other party is represented by a solicitor you should refer to them as My friend. If the other party is acting as a litigant in person you should refer to them as the claimant/defendant or Mr/Mrs/Miss .. Addressing witnesses You should address witnesses directly as Mr/Mrs/Miss .. etc. If the witness is a child they should be addressed by their forename. Presenting the Evidence To establish and enhance the credibility of your case, ensure your evidence is consistent with the established facts, common sense and within itself. If one of your witnesses gives inconsistent evidence this will cast doubt on the remainder of their evidence. By way of an example, a witness says that X was wearing an orange t-shirt at the scene. In his evidence X denies he was wearing an orange t-shirt because he does not have one. The prosecution then produce CCTV footage showing X wearing an orange t-shirt. This would cast doubt on X’s statement and it will also undermine the whole of his testimony. You therefore need to ensure that your evidence will be consistent to avoid it being undermined. When planning your submission you need to consider which witnesses to call and the order in which they are called. In doing this, remember that this order needs to develop your narrative as your witnesses are telling your story. When considering the order in which to call your witnesses remember that your story needs to be presented in a logically progressive way. This will make it easier for the listener to follow and understand your case. Do not be too stringent however in deciding the order in case any last minute problems arise. You need to be able to adapt your evidence accordingly. Once you have decided the order in which your witnesses will appear, you need to think about your questions. Examining Witnesses Examination-in-chief This is where you obtain evidence from your own witnesses. You need to ensure that your witnesses give clear evidence and that they do not talk too fast in order that notes can be taken. Ensure the witness faces the Judge when answering questions and is not looking at you. This will enhance the quality of their evidence. When asking your witnesses questions, you need to try to elicit from them only the evidence that is relevant. Always therefore bear in mind why you are asking your witness a particular question and what is you want to hear from them. Leading Questions During examination-in-chief the solicitor advocate is forbidden from asking their witnesses leading questions. A leading question is one which requires a ‘yes’ or ‘no’ response. In its phrasing it suggests its own answer. By way of an example, was the man wearing a red and white jumper? By suggesting the answer to the witness you reduce the witness’ impact. Leading questions are forbidden in examination-in-chief because the solicitor is not allowed to lead their witness and in effect put words into their mouth. When you call your own witness you hope and expect that they will provide evidence that is favourable to your case and will ‘come up to proof’. As a general rule when you ask your witness questions you should phrase your questions using simple words and phrases to ensure the witness fully understands what you are asking them. When questioning your witnesses consider using points of reference to add variety to your questioning and to move the witness along from one episode to the next. For example, ‘can you tell us what happened after you saw the car swerve?’ Unfavourable and Hostile Witnesses You will, at any early stage in the proceedings, take statements from each of your witnesses. When a witness is giving their evidence through examination-in-chief you would expect them to give answers consistent with their previous statement. However, in some situations a witness does not give the answers expected of them. The witness can then be declared either unfavourable or hostile. Unfavourable Witnesses An unfavourable witness is one whose testimony does not advance the case of the party who called him, despite the witnesss best intentions. A witness will be unfavourable if they cannot recall some of the facts about their testimony. If you come across an unfavourable witness you can ask the court for leave for the witness to refresh his memory by reading his previous statement. It is very often the case that cases come to trial many months after the witness has provided a statement. Therefore, it is important that before your witness gives their evidence that they have the opportunity to read their previous statements to refresh their memory so that when they are being asked questions they are familiar with what they said in their original statement. They are then less likely to become an unfavourable witness and will hopefully enhance the strength of your case. If after reading their previous statement the witness still cannot recall the facts then you canno t assist your witness by putting leading questions or prompting them. You should instead try to get the witness out of the witness box as soon as possible. Hostile Witnesses A hostile witness is different from an unfavourable one. Whilst an unfavourable witness can be potentially damaging to your case, a more serious situation is having a hostile witness. A witness will be ‘hostile’ if the evidence they give is harmful to the side calling them and it conflicts with the expectations of that side. A hostile witness will have no desire to tell the truth and support the case of the party calling him. An example of a witness being hostile is a witness who has deliberately changed their evidence since they made their original statement. The party calling this witness can ask the Judge to grant leave to treat them as a hostile witness. Open and Closed Questions You can ask your witnesses a variety of open and closed questions. To obtain the information you require from a witness it will be necessary to use for example closed questions to establish the background and set the scene and to bring out details or emphasise a particular part of the story. Open questions will be necessary to allow the witness to freely tell their part of the story or to turn their attention to a subject and then ask the witness to talk about that subject. If you ask more closed questions, you will have greater control. However, what type of questions you ask will depend on the witness. Cross-Examination This is the process of questioning your opponent’s witnesses. The purpose of cross-examination is firstly to establish and advance you own and case and secondly to attack the other side’s case. Before you cross-examine a witness you need to consider whether the evidence they have provided in chief is harmful to your case. If you establish that their testimony has not been harmful then you need to conduct a constructive cross-examination showing that he/she is to be trusted. There is little point in trying to undermine a witness who has provided favourable testimony. On the other hand, if a witness’ testimony has been harmful to your case then in cross-examining them you will seek to either challenge their evidence as inconsistent, improbable or unrealistic, or you will challenge the witness as mistaken or untruthful. If you decide to undermine a witness you need to elicit from them the favourable evidence they provided first and then continue to discredit them. I t is important that when cross-examining witnesses that the questioning is constructive to obtain support for your story and destructive questioning to challenge a version of the story which is not accepted by you. The cross-examination of witnesses needs to be structured and this can be achieved through appropriate planning. Your cross-examination will be structured if you follow the following steps:- (i) Keep your cross-examination to four points which support your theory of the case. This will strengthen your argument (ii) Make your strongest points at the beginning and end of your cross-examination as these are the points likely to remain in the mind of the listener (iii) Anticipate what the answer will be before you ask the question. The purpose of cross-examination is to obtain favourable facts and minimise the impact of the evidence-in-chief. (iv) Do not write a script which you follow as this will not allow you to respond effectively to the witness and will weaken your argument. (v) If the witness says something you do not agree with do not argue with them as this undermines your own credibility and will ultimately impact upon your case. If you are pleasant and courteous to the witness, the witness should relax and cooperate with you. (vi) Do not ask the witness open questions as this gives them the opportunity to say what they like. You need to ensure that you ask closed questions or leading questions as this can help you keep control of the witness. (vii) If the witness during the examination-in-chief has said something which favours your case, then during the cross-examination you should make the witness repeat it for emphasis. (viii) You should put your version of the case to the witness and give them the chance to accept or deny it. As indicated above, one part of cross-examination is challenging the opponent’s case. This involves either discrediting the evidence or discrediting the witness. When cross-examining a witness you need to bear in mind that most of them are not lying. They are often trying to provide an account of the events as they saw them. You should therefore be careful if you decide to attack them as untruthful. It is best to focus upon the manner in which they saw the event. For example, from a distance, poor weather conditions, only got a quick glimpse of the event etc. You should then ask leading questions which suggest to them that they may have mistaken what they saw. In addition, you should look for any inconsistencies with what a witness has said during the trial and what they have said in a prior statement. If you notice any differences, you should ask the witness to repeat the fact which they gave in evidence-in-chief and the read out the part of the previous statement which is in consistent and ask the witness if they made that statement. This will show that what the witness has said is inconsistent and it is will assist you in challenging the opponent’s case. Differences between examination-in-chief and cross-examination With examination in chief the witness is allowed to tell their side of the story. In cross-examination you do not want the witness to tell the story. You indicate the point you wish to make and put it to the witness. Leading questions therefore are used in cross-examination. Leading questions provide for effective cross-examination because the facts are supplied by the advocate instead of the witness and the advocate has most of the control in order to get to the point they want to make. During cross-examination you do not want a witness to tell their story, you want them to verify the particular matters that you put to them. Examination of Experts One of the first questions to be asked to an expert witness in examination-in-chief will be to establish their credentials as an expert in the particular field. You need to consider what the expert says in his report and put questions to him. An expert’s testimony can sometimes be difficult to attack because an expert’s testimony primarily consists of opinions and conclusions. It does not consist of fact. If you do not agree with the testimony of the expert you will need to challenge it by asking the expert appropriate questions. If the export supports your case, you will need the expert, in his oral testimony, to answer questions which show how the experts support your case to enhance your overall argument. Re-examination Once a witness has given their evidence-in-chief and been cross-examined by the other side the solicitor may re-examine their witness. The purpose of re-examination is to give the witness an opportunity to explain any matters raised during cross-examination and is therefore limited to only those matters that were raised during cross-examination. It is not another opportunity to go through the evidence provided. An example of when re-examination might be necessary would be where the cross-examination has perhaps shown the witness’ testimony to be muddled and confused. Alternatively, you might want to use re-examination if during the cross-examination inconsistencies have appeared between a witness’ testimony and a prior statement. You can use re-examination to highlight flaws and/or inconsistencies in the other side’s case or alternatively to attempt to correct anything during cross-examination which potentially could be damaging to your case. Opening and Closing a Case If opening a case you should always introduce yourself and the other side to the Court. For example: Your Honour/Sir/Madam/Master I appear in this case for the Claimant and my friend Mr/Miss/Mrs.†¦Ã¢â‚¬ ¦ appears for the Defendant. Civil Matter In a civil trial the claimants solicitor will make the opening speech. The opening speech involves taking the judge through the statements of the case and providing an outline and guide to your case. It should provide a summary of the evidence that will be produced and should not go into any details in relation to the content of the testimony. The opening speech will detail the issues to be decided and you should provide a summary of the facts that you seek to establish. However, in the county court the defendants solicitor can make the opening speech and if they do they are not entitled to make a closing speech, without the leave of the court. You should hand the judge a bundle of documents and take him or her through the chronology of the matter to provide the judge with a picture of the events in the case. The opening speech should be lively and interesting to engage the court. You should use plain language and use eye contact to build rapport with the judge. You should refer to y our client by his or her name in order to personalise them, and refer to the other side, for example as the respondent/defendant etc. Following the opening speech the claimant will give their evidence. This is done by oral examination and the sequence of the questioning is examination-in-chief of the claimants side (to include witnesses), cross-examination by the defendants side, re-examination. The defendant will then give their evidence and can make an opening speech. The judge can, however, dispense with this, particularly in fast-track cases. The sequence of questioning for the defendants evidence (to include witnesses) is examination-in-chief by the defendants side, cross-examination by the claimants side and re-examination. The defendant may make a closing speech and the claimant will then make a closing speech. In a civil matter the claimants solicitor will always have the final word. The closing speech is your final attempt to address the court. It should integrate the evidence the court has heard with your theory of the case and present your underpinning argument. In your final speech you should rebut or explain the evidence that weakens your case and explain how the law applies. If in your opening speech you raised questions, then in your final speech you must answer them based upon the evidence that has been heard. The closing speech should be well structured, be easy to follow and sum up the major points. Criminal Matter In criminal matters the prosecution have the right to make an opening speech. If it is a simple case then very often the Prosecution will forgo an opening speech. If the Prosecution do decide to have an opening speech it should be kept brief. It should provide a non-contentious summary of the case. The Prosecution then proceed to present their case. After their evidence has been heard the defence have the opportunity to give an opening speech and the present their evidence. If the defence decide to make an opening speech it should start with a comment on the evidence given so far by the prosecution, then provide an outline of the evidence to come and conclude with a summary of the questions that they think need to be answered. The closing speech is the final attempt to address the court. It needs to integrate the evidence that has been heard with your theory of the case. Both the Prosecution and the Defence have the opportunity to give a final speech. The closing speech should be short, but long enough to cover the ground and make any final impact.

Saturday, July 20, 2019

Themes in Steinbecks Of Mice and Men :: essays research papers

Of Mice and Men Essay Writing In this essay I will be discussing the novel 'Of Mice and Men' and the importance of the American dream which is a main theme in the novel. I will also be mentioning some other themes which are present such as loneliness, racism, ageism, hardship, friendship and broken dreams. The American dream states ?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.? America is supposed to be a land built on opportunity. It promised independence, land and a decent living throughout honest work. It also meant in theory that anyone can become successful. It is a great dream for the lucky few that succeed, Throughout this novel the theme of the American dream plays a major role. The characters Lennie and George?s dream is to buy their own ranch together and be their own boss. Throughout the novel the dream is mentioned monotonously by Lennie and George and soon it becomes Candy?s dream, so it is very important throughout the novel because these characters rely on it and it is the only hope which they have left. The dream is very important because it is what some of the characters rely on and what keeps them going, just the thought that one day they may actually achieve this dream and escape the loneliness and disappointment and peril which is their lives. The dream of the ranch keeps George and Lennie going through the tough times and it infects others like Candy and Crooks yet is just a bunch of words repeated over and over again. It starts off being said rhythmically but by the end they?re spoken monotonously. When George finally accepts that dreams don?t come true, the dream becomes a burden to him. ?Tell about that place George?. Fragment (consider revising) ?Go on-tell again George!? This is a bit of a comfort story for Lennie which you tell a child. Themes in Steinbeck's Of Mice and Men :: essays research papers Of Mice and Men Essay Writing In this essay I will be discussing the novel 'Of Mice and Men' and the importance of the American dream which is a main theme in the novel. I will also be mentioning some other themes which are present such as loneliness, racism, ageism, hardship, friendship and broken dreams. The American dream states ?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.? America is supposed to be a land built on opportunity. It promised independence, land and a decent living throughout honest work. It also meant in theory that anyone can become successful. It is a great dream for the lucky few that succeed, Throughout this novel the theme of the American dream plays a major role. The characters Lennie and George?s dream is to buy their own ranch together and be their own boss. Throughout the novel the dream is mentioned monotonously by Lennie and George and soon it becomes Candy?s dream, so it is very important throughout the novel because these characters rely on it and it is the only hope which they have left. The dream is very important because it is what some of the characters rely on and what keeps them going, just the thought that one day they may actually achieve this dream and escape the loneliness and disappointment and peril which is their lives. The dream of the ranch keeps George and Lennie going through the tough times and it infects others like Candy and Crooks yet is just a bunch of words repeated over and over again. It starts off being said rhythmically but by the end they?re spoken monotonously. When George finally accepts that dreams don?t come true, the dream becomes a burden to him. ?Tell about that place George?. Fragment (consider revising) ?Go on-tell again George!? This is a bit of a comfort story for Lennie which you tell a child.

Friday, July 19, 2019

Jeffersonian Democratic Republicans :: History

  Ã‚  Ã‚  Ã‚  Ã‚  The Jeffersonian Democratic Republicans were characterized as strict constructionists. Which explains why they wanted the United States to be controlled by the states, not a central government.   Ã‚  Ã‚  Ã‚  Ã‚  On August thirteenth eighteen hundred, Thomas Jefferson addressed the nation to let individual know that The United States was much too large to have a central government to direct the affairs of the nation. Meaning that we have the need of state officials and not just the national leaders. Therefore, we have independent states to handle the events and laws within the boundaries of each state. Although at the international level we are as one United Nation.   Ã‚  Ã‚  Ã‚  Ã‚  On January twenty-third eighteen o eight, Jefferson informed Samuel Miller, who was a Presbyterian minister that the United States government could not interfere with a citizen’s religious beliefs. According to what was written in the first Amendment of the Bill of Rights â€Å" Congress shall make no law respecting an establishment of religion.† This became effective on December fifteenth seventeen ninety-one. There was nothing that can make one participate in religious exercises.   Ã‚  Ã‚  Ã‚  Ã‚  The cartoon illustrates the embargo of eighteen o eight and was confusing to the citizens. Because it was stated as the â€Å"Ograbme†   Ã‚  Ã‚  Ã‚  Ã‚  On December ninth eighteen fourteen, Daniel Webster a federalist from New Hampshire, gave a speech to the House of Representatives. His speech addressed the draft. Webster argued that it was not right to â€Å"take children away from their parents, and parents from their children. Jeffersonian Democratic Republicans :: History   Ã‚  Ã‚  Ã‚  Ã‚  The Jeffersonian Democratic Republicans were characterized as strict constructionists. Which explains why they wanted the United States to be controlled by the states, not a central government.   Ã‚  Ã‚  Ã‚  Ã‚  On August thirteenth eighteen hundred, Thomas Jefferson addressed the nation to let individual know that The United States was much too large to have a central government to direct the affairs of the nation. Meaning that we have the need of state officials and not just the national leaders. Therefore, we have independent states to handle the events and laws within the boundaries of each state. Although at the international level we are as one United Nation.   Ã‚  Ã‚  Ã‚  Ã‚  On January twenty-third eighteen o eight, Jefferson informed Samuel Miller, who was a Presbyterian minister that the United States government could not interfere with a citizen’s religious beliefs. According to what was written in the first Amendment of the Bill of Rights â€Å" Congress shall make no law respecting an establishment of religion.† This became effective on December fifteenth seventeen ninety-one. There was nothing that can make one participate in religious exercises.   Ã‚  Ã‚  Ã‚  Ã‚  The cartoon illustrates the embargo of eighteen o eight and was confusing to the citizens. Because it was stated as the â€Å"Ograbme†   Ã‚  Ã‚  Ã‚  Ã‚  On December ninth eighteen fourteen, Daniel Webster a federalist from New Hampshire, gave a speech to the House of Representatives. His speech addressed the draft. Webster argued that it was not right to â€Å"take children away from their parents, and parents from their children.

The History of Capital Punishment Essay -- History Crime Punishing ess

The History of Capital Punishment   Ã‚  Ã‚  Ã‚  Ã‚  Crime has been a plague on society from ancient times to present. In response to this plague, society has formed structured rules to deal with the perpetrators of crime. A crime can be defined as act that society’s government deems as illegal. Different societies have formed various methods and standards for evaluating crime and assigning corresponding punishment. What constitutes a crime has changed throughout the course of history. In ancient times, such extreme actions as the deliberate killing of another human being for the sake of family honor or religious rite was considered socially acceptable and therefore not legally wrong. Now, the majority of the modern world (with perhaps the exclusion of some Middle Eastern sects) view the deliberate killing of another human being as non-socially acceptable, and therefore legally wrong. The overall exceptions to this rule are the taking of human life in the act of war and in punishment for extreme crime(s) against humanity.   Ã‚  Ã‚  Ã‚  Ã‚  Punishment for crime has ranged from mild, in the form of fines, or incarceration, to severe, in the form of physical torture or death. In ancient times, punishment for serious crimes such as treason, theft, or murder was frequently severe and inhumane. Offenders were often tortured for hours to be either left to die a slow and painful death or be executed publicly. The use of the death penality has declined throught out the industrial Western world since the 19th century.   Ã‚  Ã‚  Ã‚  Ã‚  The concept of confinement for punishment dates back to ancient times. Imprisonment is generally a milder form of punishment which removes an individual from society and confines him/her in an institution with other offenders. Examples of historical places of confinement are London’s Tower and Paris’s Bastille. The Tower and Bastille were used to confine political prisoners, not criminals in the ordinary sense. The common jail has existed since approximately 1166, when King Henry II of England ordered places of confinement for criminals built. Jails mainly served the purpose for prisoners awaiting trial, while also holding unfortunate petty offenders such as beggars, vagrants, and debtors. The purpose for places of confinement remained the same until the development of the American prison system. The purpose of the American prison system posed a t... ... person recieving punishment, and (4) the death penalty lowers the goverment to the same level as the criminal.   Ã‚  Ã‚  Ã‚  Ã‚  All prudent people have concern for the sanctity of human life. No one enjoys having to be responsible for sentencing a person to death no matter what crime they have committed. However, as President George W. Bush recently said, â€Å"There are evil people in the world and we must respond appropriately.† Basically, what he is means is that there must be just and direct punishment for evil and heinous crimes. Therefore, capital punishment is and can be a deterrent for crimes of serious nature against individuals and society. This is an attempt to punish some and deter others. For certain, those sentenced to death will no longer be a threat to society. Works Cited McCuen, Gary E. â€Å"Reviving the Death Penalty† Copyright : 1985 Gary E. McCuen Publications Wekesser,Carrol - editor â€Å"The Death Penalty† Copyright: 1991 Greenhaven Press, Inc. Abelson & Friquegnon - editor â€Å"Ethics for Modern Life† Copyright: 1995 St. Martin’s Press, Inc Zimring, Franklin E. - The World Book Encyclopedia - â€Å"Capital Punishment† p. 193 Copyright: 1993 World Book, Inc

Thursday, July 18, 2019

Probation Officers Essay

Probation officers work with criminal offenders, some of whom may be dangerous. They also monitor offenders to prevent them from committing new crimes. Workers in this occupation must meet many court-imposed deadlines and also travel, especially if they work in rural areas. Probation officers usually have to have a bachelor’s degree, but the requirement varies by agency. Officers who work in the probation system have various duties that keep their job busy. They evaluate offenders to determine the best course of treatment. They provide offenders with resources to aid in rehabilitation. Probation officers discuss treatment options and arrange those treatment programs for offenders. One of the main duties for a probation officer is to supervise offenders and monitor their progress. They conduct meetings with offenders as well as their family and friends. Then the most boring part of their job is to write reports on the progress of offenders. Probation officers are also associated with correctional treatment specialists since they both are relatively the same occupation. Probation officers and correctional treatment specialists work with offenders who are given probation instead of jail time, who are still in prison, or who have been released from prison. There are several types of probation officers and correctional treatment specialists. Probation officers, who are called community supervision officers in some states, supervise people who have been placed on probation. They work to ensure that the offender is not a danger to the community and to help in their rehabilitation. Probation officers write reports that detail each offender’s treatment plans and their progress since they were put on probation. Most probation officers work with either adults or juveniles. Only in small, mostly rural, jurisdictions do probation officers counsel both adults and juveniles. Pretrial services officers investigate an offender’s background to determine if that offender can be safely allowed back into the community before his or her trial date. They must assess the risk and make a recommendation to a judge who decides on the appropriate sentencing or bond amount. When offenders are allowed back into the community, pretrial officers supervise them to make sure that they stay with the terms of their release and appear at their trials. Parole officers work with people who have been released from jail and are serving parole to help them re-enter society. Parole officers monitor post-release offenders and provide them with various resources, such as substance abuse counseling or job training, to aid in their rehabilitation. By doing so, the officers try to change the offenders’ behavior and thus to reduce the risk of that person committing another crime and having to return to jail or prison. Both probation and parole officers supervise offenders though personal contact with the offenders and their families. Probation and parole officers require regularly scheduled contact with offenders by telephone or through office visits, and they may also check on offenders at their homes or places of work. Probation and parole officers also oversee drug testing and electronic monitoring of offenders. In some states, officers do the jobs of both probation and parole officers. Correctional treatment specialists, who also may be known as case managers or correctional counselors, counsel offenders and develop rehabilitation plans for them to follow when they are no longer in prison or on parole. They may evaluate inmates using questionnaires and psychological tests. They also work with inmates, probation officers, and staff of other agencies to develop parole and release plans. For example, they may plan education and training programs to improve offenders’ job skills. Correctional treatment specialists write case reports that cover the inmate’s history and the likelihood that he or she will commit another crime. When their clients are eligible for release, the case reports are given to the appropriate parole board. The specialist may help set up counseling for the offenders and their families, find substance-abuse or mental health treatment options, aid in job placement, and find housing. Correctional treatment specialists also explain the terms and conditions of the prisoner’s release, write reports, and keep detailed written accounts of each offender’s progress. Specialists who work in parole and probation agencies have many of the same duties as their counterparts in correctional institutions. The number of cases a probation officer or correctional treatment specialist handles at one time depends on the need of offenders and the risks associated with each individual. Higher risk offenders usually command more of the officer’s time and resources. The caseload size also varies by agency. Technological advancements, such as, improved tests for screening drug use, electronic devices to monitor clients, and kiosks that allow clients to check in remotely, help probation officers and correctional treatment specialists supervise and counsel offenders. Probation officers and correctional treatment specialists must meet many court-imposed deadlines, which contribute to heavy workloads and extensive paperwork. Many officers travel to do home and employment checks and property searches, especially in rural areas. Because of the hostile environments probation officers may encounter, some must carry a firearm or other weapon for protection. All of these factors, as well as the frustration some officers and specialists feel in dealing with offenders who violate the terms of their release, contribute to a stressful work environment. Although the high stress levels make the job difficult at times, this work also can be rewarding. Many officers and specialists receive personal satisfaction from counseling members of their community and helping them become productive citizens. Although many officers and specialists work full time, the demands of the job often lead to their working much longer hours. For example, many agencies rotate an on-call officer position. When these workers are on-call, they must respond to any issues with offenders of law enforcement 24 hours a day. Extensive travel and paperwork can also contribute to their having to work longer hours. A bachelor’s degree in social work, criminal justice, psychology, or a related field is usually required. Some employers require a master’s degree in a related field for candidates who do not have previous related work experience. Although job requirements may vary, related work may include work in probation, pretrial services, parole, corrections, criminal investigations, substance abuse treatment, social work, or counseling. Work in any of these fields is typically considered a plus in the hiring process. Most probation officers and correctional treatment specialists must complete a training program sponsored by their state government or the federal government, after which they may have to pass a certification test. In addition, they may be required to work as trainees or on a probationary period for up to one year before being offered a permanent position. Some probation officers go on to specialize in a certain type of casework. For example, an officer may work only with domestic violence offenders or deal only with substance-abuse cases. Officers receive training specific to the group that they are working with so that they are better prepared to help that type of offender. Most agencies require applicants to be at least 21 years old and, for federal employment, not older than 37 years of age. In addition, most departments require candidates to have a record free of felony convictions and to submit to drug testing and a valid driver’s license is often required. Being a probation officer or a correctional treatment specialist is a very important job for the justice department because some of the offenders who are returning to civilian life need help adjusting back from the prison life that they had been accustomed to for so long. Also, a probation officer is needed for the offenders who are not quite bad enough to be put in jail or prison. They just need to have an eye kept on them to prevent them from committing another violation or commit a more serious crime. Even though probation officers have offenders to monitor, they also have a ton of paperwork to record and keep for the offenders file. The officers have to be perceptive in noticing minor details in the offender’s behavior and overall attitude toward the situation they are in. Probation officers are a key asset for the courts to use and without them the justice system would not be able to function because the judges would have no other option than to send the offenders to jail or prison and that would overpopulate the already overpopulated jail and prisons. Bibliography http://www.calmis.ca.gov/file/occguide/PROBOFF.HTM http://www.bls.gov/ooh/community-and-social-service/probation-officers-and-correctional-treatment-specialists.htm#tab-4

Wednesday, July 17, 2019

Fairy Tales and a Dose of Reality Essay

Todays media plays a ample role in the establishment of a semblance marriage that was first corporal in the classic tale of Cinderella. umteen people atomic number 18 persuaded into believing that these all right crafted stories occur e very(prenominal)day and ar very much achievable. Catherine Orenstein illustrates this in her turn up pouffe Tales and a Dose of Reality. Orenstein relates the link of galore(postnominal) peoples fantasies and ambitions of staring(a) marriages and relationships with the success of Hollywoods own interpretations of Prince Charmings and Cinderellas. However, the interpretations were not based off of unalloyed fiction. She points out the popular T.V. series The Bachelorette is a satire of the entire Cinderella Story and draws many peoples attention because this is what so many of them crave. Many people moreover do not realize that the material fairy tales themselves from the late 17th centuries are not at all around cliche happy endings and romance.These tales incorporate gravelly truths that exist in human constitution such as jealousy, greed, lying and cheating. Orenstein uses these examples to put forward people about how much are expectations and desires of romance and marriage have been manipulated and worm over the past three carbon years into something almost unimaginable and faraway from reality. She puts to rest one of the most joint fairy tales Cinderella by explaining how one of the reliable authors, Perrault, based his story off of characteristic aristocratic marriages in the 17th speed of light and not from some make-believe fantasy that he wanted to entice his readers with. Orenstein closes the essay by bringing in the true up history of the wedding. Weddings werent evoked by undying lust and erotic applaud for a partner, but rather they were found by the parents of the two families often times to settle disagreements or to spread the wealth by joining themselves together.

Tuesday, July 16, 2019

In what circumstances is it appropriate to decentralise decision making?

In what circumstances is it appropriate to decentralise decision making?

Decentralisation of decision making is the process of involving different people in an organization in making key significant changes whether these changes are policy based or otherwise, different levels of senior management are involved and their expertise and own opinion is sought before any changes are enacted. There are 2 public key decisions making methods in an organisation, namely centralized and decentralized, In the latter, only the top management is involved in making key changes and decisions which negative affect the whole organization.This system is advantageous in that, it is faster, reliable wired and less tasking. While it is still used in great majority of organizaions, most organizations are shifting to the decentralised scientific method and therefore are involving different levels of management in the important decision making process.They rely to make decisions and provide same direction for the company.Thirdly, decentralised decision making process is ideal whereby, primary key decisions are being made at departmental levels such as in production department. Empowering departmental heads to make key decisions perhaps pertaining to the purchasing of crucial dry ingredients as well as other technical areas late may require a decentralised decision making model. PAGE 2: Organisational culture empty can present difficulties for management initiated change programmes? connect Discuss Organisational culture refers to the employee – employer international relations which shape how the two parties interact and intermingle at the work place.Also, organisational culture can be shaped by, former employee backgrounds, external factors as well as the level of support accorded to the employees by the political organization staff.Each time a one-voice coverage is required, e.

On the other hand an organization culture which is negative leads to new customers shunning away so that, any well meant educational programmes will be fail to take better off since, negative publicity which the employees can advance in the process of interacting with the different stake holders also what does have a bearing on the outcome of the projects. Lastly, organizational culture determines total output in workers in that, a negative general attitude amongst employees is more likely to lead to new low output in that, it is highly correlated with time low morale and therefore productivity.PAGE 3: Discuss why managerial authority is so important to our understanding of organisations and technological how this power has to be legitimised logical not just by individual workers but by the international organisations culture. Failure to appreciate managerial authority stems original form a negative culture which in stead of pestering a mutual understanding between skilled work ers and employers causes tensions and such misunderstandings in an organization.in fiscal reporting, agility early may not be suitable.To achieve the above, management should work towards having logical and inculcating in the organization, the right culture. This best can be achieved (if it is lacking), through the launching of strategic plans which could incorporate vision logical and mission statements, core values of the organization as well as the social responsibility statement of the organization. All the above are necessary in ensuring that, the organization functions in the right environment whereby the special needs of all members in the organization are taken great care of and employees feel free and as a part of the organization. This in turn direct result into a culture of unity and strength.Dynamic changes in financial resources and organisational objectives , along with the firm environment, geometric mean a static structure is suitable.

The classical organisation is linked with bureaucracy.Organizations and other people having different opinions on a particular small business choice best can struggle.The operation of the HR professional needs to close parallel the requirements of their organization that is shifting.In the procedure, you ought to be going for foreseeable future growth and ensuring.

Further empirical analysis is necessary Considering that the little effect of management reforms like these may take first time to unfold.There are six significant elements that moral ought to be aligned by the communication departments as a means.Gathering information could possibly be a issue for little logical and midsize businesses (SMEs), not just for financial or personnel reasons, but also because SMEs armed might not understand what theyd like to find worn out or they dont have sufficient time good for detailed analysis.Folks at every level in the business could have some autonomy.

Monday, July 15, 2019

Static or Dynamic Checkpoint

* As a net executive director for a comp all(a), you privation to piece an IP style delegacy betwixt ii avenuers. Of placid and propulsive routing, which is more than aloneow for? A thoroughf ber is a wind that connects cardinal LANs or WANs together. It has the efficiency to moderate the silk hat cognize course of study to load packets to a goal. The factors apply to realise the top hat cognise alley embarrass non altogether the speedy street, precisely the to the highest degree(prenominal) streamlined.By use routing t qualifieds the r out intimately eject meet the lane with the least fall of congestion or traffic, as puff up as the safest s fire off for the packets to travel. It doesnt of all conviction symbolize its the quick passageway to the destination, nevertheless it is the some cost-effective. A course of instructionwayr jackpot be manual(a)ly designmed by the web decision maker to can the well-nigh cost- ec onomical route. This is called nonoperational routing. In this quality of routing, the net profit executive manually determines the trump chromosome mappings to from individually one destination to begin with the routing begins.This is a mortal skeletal frame of routing. one time the meshwork executive director curriculums the routers, there is no interchange in the routing variant unless it is reprogrammed to a modern route. If the specimen runs through with(predicate) a block net argona, a router in the mannequin is non functioning properly, or bug out of the mesh topology is down, the router continues to render the akin rule because that is all it is programmed to remember. For todays large internets, an down(p) router mapping is not ineluctably the some efficient way of loss teaching at bottom the engagement.When routing self-propellingalally, software package is employ to program a router to be forgiving. This re usheration that th e router remembers the scoop out or al near(prenominal) efficient path, simply if that path is not working, it bequeath prove the nigh most efficient route. The router is able to do this by retrieve the routing tables most a good deal utilise in the profits. A dynamic router need genuinely diminished living because it automatically remembers the earnings routing protocols as they are used. If a path is choke off or a outer is down, it uses the remembered routing tables to decree the coterminous ruff route without every manual schedule. This causa of dynamic routing is brand tolerant. It not however senses the accustomed route is not efficient, yet it shares the breeding among routers on the inter net so that all routers are sure of the bleak route. In the higher up scenario, as a network administrator in the present time, I would accept to put together an IP route in the midst of two routers dynamically.I recall it is more take away to route packe ts in the most efficient manner, and by routing dynamically this depart line up automatically, and without any companionship by the end user. The network administrator depart only pitch to do the sign programming of the router, and the recumb is through with(p) by the router itself. As a network administrator, not having to program each path a router exit take, leave on the loose(p) up time for other(a) projects. In the attached scenario, routing the network dynamically is the most arrogate choice.