Evolution of Human Figure in Sculpture Essay

Depiction of human figures have dramatically changed through time. It was in sculpture that human physical dimensions were visibly illustrated. There have been many variations of the human body shown from the prehistoric to the modern period. In this research, three sculpture namely: statute of Gilgamesh, the Moschophoros and the statue of Augustus of Prima Porta will be used to trace the progression of the human body.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Gilgamesh was   the main character in the Epic of Gilgamesh wherein he was portrayed as half god and half human. His personality was the representation of all the virtues of humans. In the statue, Gilgamesh was shown holding a lion in a headlock position wherein his arm was protected by the â€Å"chain-mail robe† (Gilmore â€Å"Ancient Sumeria). Meanwhile, the other hand was gripping a snake.   These portrayals symbolized Gilgamesh’s warrior and royal status. The body was irregularly depicted because of the   disproportion of the upper and lower body.   The torso seemed intentionally elongated making the waist line looked low. However, since the statue is an example of a Gargantuan statue, they type of perspective would make a difference in the alteration of the figure’s proportions (Gilmore â€Å"Ancient Sumeria).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The Calf-bearer or the Moschoporos is the interpretation of a Greek specifically a rich Attican who was about to sacrifice a calf as an offering to the goddess Athena. The figure was clothed with a thin cloak that outlined the structure of the body resulting to a partially nude sculpture. The animal was put around the figure’s shoulders with his hands clutched on the hooves. More so, muscular details were evident in the abdomen area. Many details were present on the face of the human figure. The curls of his hair took the shape of pearls or corals that framed his forehead while a closed small mouth with a curved beard and â€Å"deep-set eyes† accented the whole face (Atlantis International â€Å"The Acropolis Museum†).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The statue of Augustus of Prima Porta signified Augustus’ military supremacy. Historically, the statue was believed to be created as a sign of the commemoration of the triumph of the Romans against the Parthians. Unlike other Roman leaders, Augustus was   depicted as a mere man and not the traditional deified god (Ramage â€Å"Historical Reflection on the Statue †). The head of the statue contained details that were very recognizable such as the broad head with a Primaporta styled hair, full close mouth, keen ridged eyebrows, smooth round chin and   pointed nose highlighted. The breastplate with intricate graphical details and the hand in an upright position signified his authority. Meanwhile, the presence of the robe suggested the godliness of Augustus and the cupid riding a dolphin emphasized the divinity of the â€Å"founder of Venus and Italy namely the Julian family to Aeneas† (Ramage â€Å"Description of the Statue†).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Among the three sculpture, the Roman portrait of Augustus was the most defined in terms of human form. It exactly depicted the human characteristics from top to bottom. The statue of Gilgamesh and the Calf-bearer have some distortions in the body image making it look disfigured. In the statue of Augustus, it had a sense of movement while the statue of Gilgamesh and the Calf-bearer appeared stiff. Also, the Gilgamesh lacked the three-dimensionality because of the awkward position of the legs and arms while the Calf-bearer compared to the former achieved more proportion because of the smooth construction of the muscles in the body. It is evident that from the Archaic period to the time of the Romans, human figure developed from a god-like depiction like the Gilgamesh to a more real person represented by Augustus. However, the concept of the sanctity of gods and goddesses were prevalent in the three sculptures. Overall, the sculptures showed the progress in depicting the human body from being disproportionate to a perfect formation of the shape and movement of the whole body. Works Cited Glimore, Tom. â€Å"Ancient Sumeria.†1999. T Byron G Publishing. 27 March 2008   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   . Ramage. â€Å"Description of the Statue.† (October 2005). The Statue of Augustus of   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Prima Porta   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   . Ramage. â€Å"Historical Reflection on the Statue.† (October 2005). The Statue of Augustus of   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Prima Porta . â€Å"The Acropolis Museum.† (2006). Atlantis International.   27 March 2008     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   .

Unit 5 Quiz

Student Gradebook Exam https://takeexam. next. ecollege. com/(NEXT(3d4570aa34))/Main/Cours†¦ Grading Summary These are the automatically computed Date and Time Started: results of your exam. Grades for essay Time Spent: questions, and comments from your instructor, are in the â€Å"Details† section below. Points Received: Question Type: Multiple Choice # Of Questions: 10 10/31/2012 8:58:27 AM 38 min , 14 secs 10 / 20 (50%) # Correct: 5 Grade Details – All Questions 1. Question : Carlton Company sold equipment for $3,700 that originally cost $22,000. The balance of the Accumulated Depreciation account related to this equipment was $19,000.The entry to record the disposal of this equipment would include a debit to Loss on Sale of Equipment of $700. credit to Gain on Sale of Equipment of $700. credit to Equipment of $3,000. debit to Gain on Sale of Equipment of $700. 0 of 2 Student Answer: Points Received: Comments: 2. Question : The premium on a two-year insurance po licy expiring on June 30, 2015, was paid in total on July 1, 2013. The original payment was debited to the insurance expense account. The appropriate journal entry has been recorded on December 31, 2013. The balance in the prepaid asset account on December 31, 2013, should be the same as the original payment. igher than if the original payment had been initially debited to an asset account. lower than if the original payment had been initially debited to an asset account. the same as it would have been if the original payment had been initially debited to an asset account. 2 of 2 Student Answer: Points Received: Comments: 3. Question : Student Answer: Failure to record the expired amount of prepaid rent expense would not understate expense. overstate net income. overstate owners' equity. understate liabilities. 2 of 2 Points Received: 1 of 3 11/7/2012 2:52 PM Student Gradebook Exam https://takeexam. next. ecollege. om/(NEXT(3d4570aa34))/Main/Cours†¦ Comments: 4. Question : The Supplies on Hand account balance at the beginning of the period was $6,600. Supplies totaling $12,825 were purchased during the period and debited to Supplies on Hand. A physical count shows $3,825 of Supplies on Hand at the end of the period. The proper journal entry at the end of the period debits Supplies on Hand and credits Supplies Expense for $9,000. debits Supplies Expense and credits Supplies on Hand for $12,825. debits Supplies on Hand and credits Supplies Expense for $15,600. debits Supplies Expense and credits Supplies on Hand for $15,600. of 2 Student Answer: Points Received: Comments: 5. Question : Student Answer: An accrued expense can be described as an amount paid and matched with earnings for the current period. paid and not matched with earnings for the current period. not paid and not matched with earnings for the current period. not paid and matched with earnings for the current period. 2 of 2 Points Received: Comments: 6. Question : How would proceeds received i n advance from the sale of nonrefundable tickets for the Super Bowl be reported in the seller’s financial statements published before the Super Bowl? Revenue for the entire proceeds. Read also Quiz Week 4Revenue less related costs. Unearned revenue less related costs. Unearned revenue for the entire proceeds. 2 of 2 Student Answer: Points Received: Comments: 7. Question : On June 30, a company paid $3,600 for insurance premiums for the current year and debited the amount to Prepaid Insurance. At December 31, the bookkeeper forgot to record the amount expired. The omission has the following effect on the financial statements prepared December 31: overstates owners' equity. overstates assets. understates net income. overstates both owners’ equity and assets. Student Answer: 2 of 3 11/7/2012 2:52 PM Student Gradebook Exam ttps://takeexam. next. ecollege. com/(NEXT(3d4570aa34))/Main/Cours†¦ Points Received: Comments: 2 of 2 8. Question : Student Answer: Total net income over the life of an enterprise is higher under the cash basis than under the accrual basis. lower under the cash basis than under the accrual basis. the same under the cash basis as under the accrual basis. not susceptible to measurement. 0 of 2 Points Received: Comments: 9. Question : Sky Company collected $12,350 in interest during 2013. Sky showed $1,850 in interest receivable on its December 31, 2013, balance sheet and $5,300 on December 31, 2012.The interest revenue on the income statement for 2013 was $3,450. $8,900. $12,350. $14,200. 0 of 2 Student Answer: Points Received: Comments: 10. Question : Student Answer: If an expense has been incurred but not yet recorded, then the end-of-period adjusting entry would involve a liability account and an asset account. a liability account and a revenue account. a liability and an expense account. a receivable account and a revenue account. 0 of 2 Points Received: Comments: * Times are displayed in (GMT-07:00) Mountain Time (US & Canada) 3 of 3 11/7/2012 2:52 PM

Ethics in Cinema Essay Example | Topics and Well Written Essays - 1250 words

Ethics in Cinema - Essay Example For this reason, if a person conducts an act that reflects the right motive and good consequences it is normally perceived as flourishing moments and success. However, this does not mean that the consequences will not be there. In this case the paper seeks to analyze relativism and absolutism in the films Crimes and Misdemeanors and A Clockwork Orange. There has been a conflict between objective theory and relativist theory in ethics. However, there is a clear distinguishing explanation which describes the absolutist theory as the degree of right and wrong from an objective point of view which should not change according to culture. Relativism is defined according to the Mariam Webster dictionary as a theory that knowledge is relative to the limited nature of the mind and the conditions of knowing. The same dictionary also defines relativism as a view of ethical truth which may vary to personal conviction, cultural characteristic and differing religious beliefs (Gardiner). Deontological reasoning states that certain things are wrong and right in themselves if they possess the intrinsic value. On the other hand relativist theory states that there is no universal valid moral principle. This is because we come from different cultures and that all the principles will therefore vary depending in the culture or age. This is a teological argument which means that there is no such good in itself. However, if an action deem good to you and bad to me, then there is no need for both of us finding out the truth. From the film Crimes and Misdemeanors the author says, â€Å"It’s a fundamental difference in the way we view the world. You see it as harsh and empty of values and pitiless. And I couldn’t go on living if I didn’t feel it with all my heart a moral structure, with real meaning, and forgiveness, and a higher power, otherwise there’s no basis to live†

Literature Review of Studies Focused on Vocabulary Development Research Paper

Literature Review of Studies Focused on Vocabulary Development Strategies and Interventions for Grades 9-12 - Research Paper Example There are strategies ideal only for children and there are those applicable only for grownups. In teaching Grades 9-12, teachers will find issues relating mostly to comprehension and vocabulary. This paper reviews three articles that investigated effective reading strategies for improving vocabulary of Grade 9-12 students. One article worthy of attention was written by Douglas Fisher (2007). In this paper, Fisher reports the five-part program that the teachers and administrators of Hoover High School developed and implemented in order to improve the vocabulary performance of students in state-administered tests. According to Fisher (2007), Hoover High School was a low-performing school with a population of 2,300 students at the time of study, all qualifying for free breakfast and lunch and 76% speak a different language apart from English. To improve vocabulary at the school level, the school implemented vocabulary routines and instruction. The first component of the program was wide reading. This component consisted silent sustained reading (SSR) and independent reading for content area subjects. The school identified and purchased appropriate reading materials, among these were historical accounts of WWII. In addition to these resources, the school assigned teachers who could provide relevant information to students regarding the materials they read. The students devoted 20 minutes per day to SSR and just read any material they wanted. This method was not enough, thus additional time was provided during content area instruction for independent reading. The second component of the program was reading aloud. This strategy is very common for beginning readers. Nevertheless, Hoover High School used it because of its tested effectiveness to learn content and vocabulary. In this method, the teacher read aloud a passage for 3-5 minutes at every class. Again, the school had to purchase materials specially designed for the procedure, including Richardson’s (200 0) â€Å"Read It Aloud! Using Literature in the Secondary Content Classroom,† Trelease’s (1993) â€Å"Read All About It! Great Read-Aloud Stories, Poems, and Newspaper Pieces for Preteens and Teens.† These materials, along with other interesting books, were purchased using the school’s site book funds. School administrators conducted observation of read aloud sessions. Consequently, to enhance interest of teachers in implementing read aloud sessions, professional development funds were also utilized to pay teachers to observe other teachers during read alouds. The third component composed of content vocabulary instruction. This was the usual vocabulary instruction in which teachers used graphic organizers, semantic maps, tables, etc. One issue that aroused teachers’ attention on this component was deciding on what vocabulary words to teach. To address the problem, several questions were raised to qualify the words, such as â€Å"Will the word be u sed in other subject areas? Will the word be used again during the school year?† This kind of questions served as guide to teaching specific vocabulary words. The fourth component was academic vocabulary development. For this component, the school team consulted Coxhead’s (2000) â€Å"Academic Word List† and Marzano and Pickering’s (2005) â€Å"ELL Students and Academic Vocabulary† and came up with 570 academic words to teach their students. The last component was called the â€Å"

Discuss the potential and actual benefits of boardroom diversity in Essay - 1

Discuss the potential and actual benefits of boardroom diversity in publicly listed companies - Essay Example The people from different countries have variuos technical and social skills that are unique to the individuals that can help in coming up with new ideas that facilitate the growth of the Puplic listed companies. Mallin (2013) stated that having people from different countries benefit the company in the following ways: Public companies with people from diverse cultures enable people from different countries to associate themselves with the company hence reducing the chances for discrimination. The people who work in the companies generate to the growth of the business with their skills hence they are appreciated for the work they do and not about the race or ethnicity they orinate from. There are wide ranges of perspectives on challenges and issues brought about by a multicultural workforce. Spira (2002) stated that individuals from variuos backgrounds incorporate their own exclusive cultural experiences to the tough situations they encounter in their Limited companies and their wider perspective of standpoints tend to allow them to be at a better position to come up with ultimate resolutions. This a benefit to the company as they are able to solve problems that come up during the operations of the company without involving external sources hence saving the costs involved in solving the issues. Martin (2006) stated that companies that employ individuals from diverse backgrounds provide the a wider coverage in the global market place. For instance,when a company is located in different countries,they are able to allocate the employess who are familiar with the citizens in that particular counrty hence enabling the customers to associate with the people that they understand better interms of language and other factors such as culture. Arun and Turner (2009) stated that the ability to speak and write accurately in different languages enables the employees

Review of a Christian-themed film Essay Example | Topics and Well Written Essays - 1500 words

Review of a Christian-themed film - Essay Example Amenabar managed to represent the very essence of that terrible era, which we consider the golden age of patristic. His scenes and characters are relevant and at the same time they are clearly correlated with the era, and their historically obvious naivety for us is blown with romantic languishing. The action takes place In Alexandria, Egypt, in the end of IV-V century, when paganism was retreating under the pressure of young and uncompromising Christianity. IV century is the century of triumph of Christianity in the Roman Empire. During this century Christians have moved from defense to attack, and from the oppressed religious minority they became a powerful government agency which was imposing its will to the rulers of destroying empire. In 391 in Alexandria religious clashes began, during which was destroyed the Library of Alexandria - one of the richest libraries in the world at that time. A former slave of Hypatia Davus who was secretly in love with her, becomes a Christian too and joined the rioters. Over time, the Christian church is becoming more powerful, and soon Bishop Cyril of Alexandria demanded Orestes and others to renounced Hypatia and forbid her to teach and do science. Hypatia was not able to deal with it and accept Christianity, so she was declared to be a witch, a prostitute and soon was killed. Hypatia is the embodiment of the ideas of modernity, science, secularism and feminism. We can say that she is the progress of the fifth century. But, as is in case with any genius, or with the person, going one step ahead of his time, her history is full of obstacles and difficulties. And the problem here is not only that the filmmakers made Hypatia an incarnation of the virtues, but also (what is more important) because they were trying to oppose the viewer to the heroine, in every respect alien or "otherness" towards us. We have to see her as a woman of her own time. Hypatia, the

Visa's Anticompetitive Practices Essay Example | Topics and Well Written Essays - 1250 words

Visa's Anticompetitive Practices - Essay Example This will help them come up with business tat can be accessed and supported from any part of the world provided they have a chance to register for this type of service. The other objective that they seek to achieve is maintaining and increasing merchant confidence in using the visa cards anywhere in the world. This means that they must get into collaboration with other likeminded companies that will help them achieve these objectives given the rise in cyber crimes and identity theft in the world. Another objective is to reduce operational expenses by reducing chargeback and linking authentication to ensure data integrity at all times. They also seek to improve purchase security and enhance integrity through the enhancement of security for an internet purchases (Gitman and McDaniel 2008:58). System Components Before 2007, the structure mainly included of four non-stock companies that had been incorporated as group members into the company’s overall structural component. They in cluded visa international service association, the Visa USA Inc, Visa Canada Association, and visa Europe limited. These were the incorporated members of the group. The others-Visa Latin America (LAC), Visa Asia Pacific and visa central Europe, Middle East and Africa- acted as part of the group’s divisions (Modestus 2012:36). ... It was also a warded a minority stake in the main company which makes it a component of the whole. There were also other companies that acted as underwriters when the company underwent the restructuring and this means that its components would be increased when these underwriters were considered (Schlossberg 2008:388). Other components that make up the overall company are the items that form the greater part of the company. As such, debit cards, credit cards and prepaid cards also form the bulk of their company. This is because it is the main aspect that keeps them in business. They also deal with automated teller machine networks and point-of-sale terminals for those who deal with debit protocols without the need of getting into any check-writing privileges (Szoka & Marcus 2010:102). Stakeholders The main stakeholders of this company include the western European operation unit, the merged regional offices; the merchants dealing in different sectors and who depend on the service of V isa Inc for their financial transactions, the shipping sector, banking sector, airlines and those who have bought shares in the company (Modestus 2012:49). Risks Despite the fact that people love this new method of transaction, there are risks that are involved in the long run. When people are conducting these transactions, they are not required to be there in person and this means that the probability of getting involved in illegal transactions is high. People have been allowed to transact from the comfort of their homes through the internet and this means that the only thing the bank relies on for authentication is the phone number or an IP-address. These are aspects that can change suddenly, exposing

Financial Projections Essay Example | Topics and Well Written Essays - 250 words

Financial Projections - Essay Example These marketing researches provide decision makers ins and out of customers in the market, how would they behave towards the products and services offered by the business, what would be the demand for the offered products and services once the marketing campaigns are incorporated (Gorla et al., 2010; Hersey & Clanchard, 1969). Once the strategic targets that organizations tend to achieve are identified, organizations then line up their resources to achieve those targets. This is the reason that marketing research plays an important role in financial projections as it enables decision makers to identify the set of product development efforts and marketing tactics required to make the offered product a success story (Handlechner, 2008). Marketing is also involved in financial projection as the decision makers develop projections to be achieved in the next in such a manner that it motivates shareholders and external investors to provide more financial strength to the company. The added financial strength is then invested on further product development and improvement

Back in Shakespeare Essay Example for Free

Back in Shakespeare Essay Back in Shakespeares days courtly love was a fashionable tradition. What happened was the men saw the women as Goddesses but their love was more often unrequited. But the men would send them love letters in the form of sonnets in order to win the womans love, however it usually failed leaving the man feeling melancholic. This is the position Romeo found himself in as he was in love with a girl called Rosaline. Montague and Benvolio notice a change in Romeos behaviour due to this and Montague explains how he shuts up his windows and locks fair daylight out this shows that Romeo attempts to isolate himself from the outside world and really is depressed. As Romeo enters the scene the audience can see for themselves his state of mind during his conversation with Benvolio. His replies to Benvolios comments are short and subdued and he explains, sad hours seem long. We can work out from this that Romeo is not having a good time so our sympathy wins him over and we hope for his luck to change. As we move onto scene 2, we meet Paris, who is a man hoping to marry Juliet and is trying to convince Capulet to allow him to, however Capulet seems to think Juliet is too young for marriage as She hath not seen the change of fourteen years. The possible marriage between Paris and Juliet is exciting for the audience yet it is an obstacle between the forthcoming relationship between Romeo and Juliet. The scene then cuts back to Romeo and his problems with courtly love. Benvolio who is aware of Romeos problem tries to be a useful friend by giving him advice. His advice is one fire burns out anothers burning, this is a metaphorical way of putting; you should find someone else and forget about Rosaline. Then as Clown from the Capulet family is struggling to read a party invitation he asks Romeo and Benvolio to read the list out for him. Romeo notices that Rosalies name is on this list and the pair therefore decide to find a way of going to the masqued ball to give Romeo a chance of fore filling his dream of meeting Rosaline. The fact its a masqued ball means they can get in whilst in disguise and probably get away with it and this thought enters Benvolios head. In scene 3 we meet the Nurse. A nurse is the Elizabethan equivalent to a child minder, however in these days they were hired out commonly by wealthy upper class families and were pretty much part of the family, they would raise the children and even breast feed them when they are babies. This particular Nurse raised Juliet and the two of them are very close. She is a bubbly character who often tells sexual jokes or sexual innuendos and tells Juliet stories about when she was younger usually embarrassing her. From seeing the play myself I remember the nurse being an entertaining character and was an audience favourite which was most noticeable by the applause she got at the end. Her sexual humour is shown where she says, dost thou fall upon thy face? Thou wilt fall backward when thou hast more wit, wilt thou not, Jule? This is a crude joke of falling onto her back for sex and most fourteen year olds would find an adult talking to them like this terribly embarrassing yet the audience find it comical and entertaining. Soon after; Juliet discovers Pariss desire to marry her and to the nurses delight Juliet replies It is an honour that I dream not of. Again the audience are excited by what is now a probable marriage yet it also questions the possibility of Romeo and Juliet getting together. Whilst on their way to the Capulet masqued ball Romeo predicts the future when saying for my mind misgreaves some consequence, yet hanging in the stars, similarly to what it says in the prologue; Romeo is saying he fears an unfortunate accident. The audience therefore semi-expect this to ironically happen. This is meant to create tension especially when he says about an untimely death, which along with the prologue suggests young death. Scene 5 is set in the Capulet household as it is the location of their masqued ball. A masqued ball was a fashionable party to have in Elizabethan times where everyone went disguised in a mask. It was the equivalent to what a fancy dress party is today and this is why the Montagues were able to get in with little suspicion from the Capulets. Partys are always a popularity and so Shakespeare made this scene a key one in the play for the entertainment of the audience. From what the audience have seen so far, Romeo is a melodramatic isolated character. He has won over our sympathy and as he is one of the main characters we all want to see things turn around for him. The reason Shakespeare presents him as a melancholic lover is to emphasise the artificial nature of his love for Rosaline in comparison to the genuine emotion he feels for Juliet. We witness the two types of love juxtaposed and recognise that his love for Juliet is positive, energising and less of a pose. But by presenting him in love with someone else initially, it creates romantic suspense for the audience. When Romeo first sees Juliet, it is described as love at first sight, this really helps to emphasise how he feels about her. From the audiences point of view, Romeo appears to be shocked by how much Juliet stands out by the way he says O she doth teach torches to burn bright, the reason he says O at the start of his speech is purely to emphasise his emotion. The speech as a whole is a type of light imagery and explains how her beauty stands out so much to Romeo. He then goes on to say she hangs upon the cheek of night / As a rich jewel in an Ethiops ear, this is a metaphorical way of saying that she is beautiful, precious and rare to him as is Beauty too rich for use. These are both examples of wealth imagery. The majority of his speech in this part of the scene is imagery and metaphorical to help stress his feelings for Juliet, he also claims she Shows a snowy dove trooping with crows. This is in the category of bird and colour imagery and helps to stand out the point that she really does stand out from the crowd. As explained by courtly love, it was a common thing for men to respect women like they are goddesses, and Romeo uses this kind of holy imagery when he says touching hers, make blessed my rude hand. Overall the speech shows strong romantic interest due to how Romeo is so intense, passionate and genuine. This is one of the most loving parts of the story; however it is interrupted as the fiery character of Tybalt notices that a Montague is present. He clearly shows his anger by referring Romeo as a slave, which is saying that Romeo is like his inferior. As Capulet enters the scene; Tybalt threatens to strike him dead, however, Capulet bears in mind what the Prince said, in that any more fighting would mean their lives would pay the forfeit and as he wants no violence at the party, he aggressively prevents Tybalt from making any wrong moves. The hatred is then interrupted by the love of Romeo and Juliet as they meet and talk for the first time. Their conversation is set out in the style of a sonnet as of course; these were popular in the Elizabethan and Medieval times. It is very poetic, passionate and filled with religious imagery. The language is intense, memorable and uses rhyming couplets at the end of every other line to help it to sound better and stand out. Juliet is very responsive to Romeos requests and appears to want Romeo to kiss her, which was a rarity in the courtly love tradition. Romeo flirtatiously refers to Juliet as a Pilgrim; this shows how he respects her like a Goddess and this is the start of a large amount of religious imagery. In addition to that, Juliet answers back with her own religious metaphors like And palm to palm is holy palmers kiss this also contains some alliteration due to the repetitive use of words containing palm. The speech overall is a pattern of Romeo flirting to Juliet and Juliet flirting back, this keeps the flow of the conversation going and on a couple of occasions we witness a kiss. All this comes to a sudden end as the Nurse enters the scene and they discover each others identity. The nurse calls Juliet to go to her mother and when she is gone explains to Romeo Her mother is the lady of the house and of course Romeo realises this is the Capulet house. Benvolio calls Romeo away from the scene explaining The sport is at the best which informs that he knows the best part of the night is over and their identity has been discovered. This means that the Montagues have to make a swift exit effectively making Romeo and Juliets moment short with a sudden end. This leaves the nurse and Juliet alone together. Juliet finds out from the Nurse that Romeo is in fact a Montague and is clearly devastated by this when she says My grave is like to be my wedding bed and My only love sprung from my only hate. All the way throughout this scene; Shakespeare juxtaposes love and hate. The first sight of love is at Romeos first glimpse of Juliet and the whole love at first sight event, this is interrupted by Tybalt noticing Romeo and wanting to cause a violent act but he is stopped by Capulet. This allows Romeo and Juliet to have their first speech in the form of the love sonnet although when the two realise each others identity, the hate between the two families takes over leaving the audience wondering if the power of their love is strong enough to overcome the hate. In conclusion to the opening act of the play; Shakespeare creates many untied ends to the story. This makes the audience want to carry on watching to get an answer to their questions; questions such as will Tybalt fore fill his threat towards Romeo? Are Romeo and Juliet going to die and if so how? Will Paris marry Juliet? And will there be any more fighting? The only possible way for the audience to find an answer to these questions is to carry on watching the play. This was Shakespeares objective for the opening act and he has therefore successfully completed it.

Humans Cause Global Warming Essay Example for Free

Humans Cause Global Warming Essay Today we are debating the important topic of global warming. As the affirmative team, we strongly believe that global warming is caused by the actions of humans. But this is not just a belief, this is a fact. Global warming, by definition, is a gradual increase in the overall temperature of the earths atmosphere generally attributed to the greenhouse effect caused by increased levels of carbon dioxide, CFCs, and other pollutants. The greenhouse effect is the trapping of the suns warmth in a planets lower atmosphere due to the greater transparency of the atmosphere to visible radiation from the sun than to infrared radiation emitted from the planets surface. In simpler terms, this means that the pollution emitted from the earth, such as the gasses from factories, cars etc. enter the atmosphere and the co2 from these gases absorb the heat from the sun and intern warms the climate. The pollution or carbon dioxide enter the Earths atmosphere and absorb heat from the sun, heating the environment, therefore an increase in co2 means an increase in heat, this resulting in bigger problem for global warming. The main producer of this pollution and greenhouse gases are ofcourse humans, our environment and climate are the ones that have to pay for the humanly actions causing global warming. Scientists have determined that a number of human activities are contributing to global warming by adding excessive amounts of greenhouse gases to the atmosphere. These gases such as carbon dioxide (co2) accummulate in the atmosphere and trap heat that normally would exit into outer space. The main source of excess greenhouse gases is the human use of fossil fuels. The burning of fossil fuels to generate energy for example driving cars, using electricity from coal-fired power plants, or heating homes with oil or natural gas, humans release carbon dioxide and other heat-trapping gases into the atmosphere. Over 100 years ago the co2 level was 35% less than it is currently and since the beginning of the industrial revelution, has been increasing gradually. Nowadays modern society is producing more co2 and other gases than ever before, this being the result of the economic problem, with humans having unlimited wants and needs that can only be produced in a way that influences global warming. (Figure 1) Another significant source of greenhouse gases is deforestation, this is because fewer trees means less carbon dioxide conversion to oxygen. (Figure 2)Deforestation in rainforests add more co2 to the atmosphere than the sum total of most vehicles on roads. In fact 25-30%,of the gases released into the atmosphere each year is a result of deforestation. The reason that logging is so bad for the climate is that when trees, which are 50 percent carbon, are burned or felled they release the carbon they are storing into the air, where it mingles with greenhouse gases from other sources and contributes to global warming. As humans, we do not take our actions into precaution and many of us act before thinking. This is the same situation with global warming and because of this, the result is negative. Global warming affects not only our climate but the environment and air mankind needs for survival, however how can us humans survive when we are the ones destroying our planet and risking our own lives. Greenhouse gases can stay in the atmosphere for an amount of years ranging from decades to hundreds or thousands of years. No matter what we do, global warming is going to have some effect on Earth. These effects range from diseases and economic consquences to different types of hazzards. (Figure 3) Floods, hurricanes, tsunamis, they are all weathering patterns that are directly altered by the differences in temperature. Most of them are occuring due to high sea level or heavy rainfall. This was seen in 2004 and 2005. (Figure 4) It can be a devastating shock for crops and other agriculture, and also bring death and injury to humans and animals through accidents, hypothermia and starvation. It may seem illogical at first to attribute harsher cold weather to global warming, but a change in atmospheric patterns brought about by receding glacial ice can lead to the redirection of polar air currents and the suns rays being absorbed by the larger areas of dark blue sea. However this process can also be reversed to achieve opposite results. (Figure 5) Some areas suffer serious droughts and heat waves and the severity of these hazzards are increasing by large numbers. Countries such as Africa and India recieve the worst of these affects, since water is already a dangerous rare essential. (Figure 6) As the planet continues to become warmer and warmer as global warming increases and the dry lands that are already susceptible to wildfires are likely to be ravaged by even more frequent and destructive episodes. In 2007, more than 3,000 fires brought destruction to Southeastern Europe thanks to a long summer that created arid and parched conditions, a situation that would become normal as a consequence of the greenhouse effect. As countries warm, disease carrying insects migrate, bringing their diseases with them. Climate greatly influences some of the most deadly and widespread diseases currently affecting millions of people across the world with the spread of diseases like Malaria, West Nile virus and Dengue fever to parts of the planet. With greatly reduced rainfall, more severe droughts and loss of soil fertility, food and water supplies would soon diminish, resulting in higher prices, famine, disease, malnutrition, starvation and, ultimately, death. These effects spell one thing for the countries of the world: economic consequences. Hazzards cause billions of dollars in damage, diseases cost money to treat and control and conflicts aggravate all of these. There is simply no other mechanism that can explain the significantly altered climate path and the changes in the radiative forcing other than human causes. Animals are a major source that are affected by the influences of global warming, some not only lose their habitat and homes, but also suffer in the drastic measures that humans have put them up against. Animals such as polar bears and penguins are the most obvious evidence of consequences of having warmer climates. (Figure 7) They and other animals that are dependent on cold enviornments retreat to more northerly locations as the planet heats up, leading to encroachment upon other eco-systems and displacement of other animals from their natural habitat. Animals that are driven from their natural habitats or normal migration routes by environmental factors could easily come into contact with human settlements, leading to many deaths among humans and already endangered animals. (Figure 8) The world’s oceans absorb roughly 30% of all carbon dioxide that seeps into the atmosphere, and so inevitably, as more gases are released, ocean life will continue to suffer the negative consequences placed upon them by human actions.

Impact of Decision Making at McDonalds

Impact of Decision Making at McDonalds This academic essay is related to strategic management and leadership in McDonalds. The purpose of this assignment is to understand the impact of decision making in an organisation i.e. McDonalds. In this cut throat competition which is prevailing in the market, it is my understanding that leadership and proactive strategy plays vital role in overall organisations success. In addition to this it has become apparent that strategic management and leadership operate at parallel level in an organisation. STRATEGIC MANAGEMENT: It deals with the most fundamental and basic question that involve the very existence of the whole organisation and guide the whole companys future. (Napuk,1999) Strategic management entails both strategic planning and implementation, and is the process of identifying and executing the organizations strategic plan, by matching the companys capabilities with the demands of its environment.(Arit Gadiesh and James Gilbert, 2001) In laymans term strategic management provides overall direction to the organisation. This in turn entails specifying the organisations mission, vision and objectives, developing plans etc. LEADERSHIP: Leadership is defined as influence, that is the art or process of influencing people so that they will strive willingly and enthusiastically toward the achievements of the groups mission. Visionary leadership inspires the impossible: fiction becomes truth. (Corporate strategy 1997 Richard Lynch) In leadership, people run the organisation to one place or another for the achievement of its objectives. Leadership is a great tool in achieving success for the organization, not just through charisma, but through good judgement, proper motivation of employees effective utilization of materials. LINK BETWEEN STRATEGIC MANAGEMENT AND LEADERSHIP: Due to a rapidly changing world, organizations face incredible pressures in delivering immediate results. This necessitates for strategic management because there is a great need to maximize every available resource to achieve the organizations goal. To manage an ever increasing demand for company effectiveness, there is a great need for strategic leadership to approach these conditions priorities. For any ongoing business, it is mainly important to implement strategies through effective leaders. Real strategic leadership means taking responsibility for the future as well as what is happening today. A primary goal of strategic leadership is gaining a better understanding of the business conditions, the environment and the leading indicators that identify new trends and situations that may arise. According to the situation, leadership styles can be varied like autocratic, democratic and charismatic and so on. In any organisation it is required to have a good strategic management with good leadership skills. These two must be in parallel positions for the organizations success. LEADERSHIP STYLES ON DIFFERENT SITUATION IN MCDONALDS As I have taken McDonald as case study, I would like to discuss the management style that operates in this company. Based on my understanding, McDonald operates with a Democratic style of management. This realisation comes to me while I am working with the company and it gives freedom and flexibility of change according to different situations. In this style, the employee and people associated with the company have more participatory role in the decision making process. McDonald has a democratic style and there is a less gap between manager and employees. They have two way relationships between them. They have a comfortable working pattern. So the manager can easily get the feedback from the employees. Also on the other hand, the employees understand the situation and they follow the rules without any difficulty. There are same levels of working. According to the different situation they have a different style of leadership. In this particular approach, the store manager has all power to run the branch but still allows employees to share their ideas and insights. Also in McDonald, every employee has a participative role in the decision making process. All employees have to work with their strengths and provide input on how to delegate work within the team. The management gives more importance to work in a team rather than doing individually. In McDonald, ideas move freely amongst the group and discussed openly thus ultimately achieving their objective. This works both ways for the company by fulfilling individual objectives in line with the overall objective of organisation. The management of this organization motivates the employees to do more work by involving them into decisions which really affects the objective of the organisation. This particular approach influences the productivity of employees and they feel important to be a part of the organisation by providing a value. They lead all the employees to the same level and the manager always tries to know the strengths and weakness of employees. To overcome these difficulties, they provide appropriate training career development programmes. McDonald has flexible working hours which provides stress-free environment. They are free to ask with the manager about schedules. The way McDonald management adapts to different situations, a strong relationship is being formed between the subordinates and the managers. OBJECTIVE OF MCDONALDS: The main objective of McDonald is to make people aware of each product on offer, feel positive about it and remember it. The right message has to be communicated to the right audience through the right media. Because of this, McDonald need to give importance understand the value of both employees and customers. Happy employees serve well and results to satisfied customers. This serves as a win-win situation for both organisation and employee. McDonald has continuously done internal marketing this is important as it precedes external marketing. It goes in line with the ultimate aim of creating not just service leadership but management service. This delivery process is the key to achieving the aim of the company. IMPACT OF LEADERSHIP STYLE ON STRATEGIC DECISION: Good leadership is adapting to any changes at any time doing the right things at the right time. Because of democratic style of leadership, employees can work comfortably and they can share their ideas and insights with the management. Also in McDonald, managers effectively delegates work to their subordinates and give them full control and responsibility to the tasks. Managers welcome feedback on the result of initiatives and the work environment. Strategic decision has to be made by leaders who have the ability to take effective decisions and adapt to changes in any situation. Because of democratic leadership, employees and managers easily understand the situation and cope with it. They work freely and comfortably. In McDonald all employees have a right to participate in the objective of organisation. McDonald has a strategic decision which is implicated and formulated by leaders and managers of the organisation. First they decide the future plans and objective of McDonald and how to get there in minimum time. They also motivate people to do more work and they appreciate their work by giving the performance award at the end of month. CONCLUSION: From above discussion, I came to a conclusion that in adapting democratic style McDonald is really effective in providing value to employees. Although this style may bring out differences in ideas, it still ends up with formulating a common decision. McDonalds management leadership style is useful as well as to other organisations where managers and employees easily understand the situation and work accordingly. Strategic management and leadership correlates with each other. Without making any effective strategic decision, leadership cannot work and it cannot reach to the final objective of an organisation.

Zero Tolerance Essay -- School System Education Discipline Essays

Zero Tolerance   Ã‚  Ã‚  Ã‚  Ã‚  There are many disciplinary actions that have been used and are still in use in order to deal with problems in the school system today. However, it seems that zero tolerance is now the most widely used and most controversial policy that has came into effect. Zero tolerance means absolutely no mercy for students when accused of doing something wrong. This policy leaves no room at all for error. These cases are not judged for their individual qualities. They are all treated the same regardless of the circumstances.   Ã‚  Ã‚  Ã‚  Ã‚  When zero tolerance is thought of, it seems like a very practical way of dealing with the problems that we face everyday in the school system. However, we then have to ask ourselves if it is fair to give all â€Å"offenders† of a crime the same punishment without looking at the circumstances of each case. There have been many cases of zero tolerance use that shows just how unfair this policy is. An example of the misuse of zero tolerance is this; a student was kicked out of school for writing a paper that involved guns. This paper said nothing about harming anyone but the student was still kicked out. Is this to say that by having the word â€Å"gun† in my paper that I will be kicked out of school too?   Ã‚  Ã‚  Ã‚  Ã‚  Zero Tolerance has a very good literal appeal. Parents and some students alike are happy to have this disciplinary action. However, zero tolerance would not have stopped the school shootings that have recently plagued the country. A recent po...

Business Law Essay -- essays research papers fc

Case study: David Jones Ltd v Willis (1934) 52 CLR pages 110 till 133. This case has created controversy among the Courts and such justices as Rich, Starke and Dixon. They all have different but similar decisions, relating to The Sales of Goods Act 1923(C ¡Ã‚ ¦th).   Ã‚  Ã‚  Ã‚  Ã‚   Summary This case deals with the defendant David Jones Ltd versus Willis the plaintiff, on the appeal from the supreme court of New South Wales. The case is related to The Sales of Goods Act 1923(C ¡Ã‚ ¦th). In the case the plaintiff purchased a pair of shoes from the defendant David Jones, a retail distributor of footwear not manufactured by it. On the third occasion of wearing the shoes the heel came off while the plaintiff was walking down the stairs. She fell over and suffered injuries. She sued for damages. The court held that there was a breach of the conditions of merchantable quality and fitness for purpose. The judge granted a new trial limited to question of damages. The appeal by the defendant was dismissed by the Full Court of the Supreme Court. Special leave to appeal from the judgment of the Full Court was granted to the defendant by the High Court on question whether there was evidence of implied condition or warranty within the meaning of sec 19 (1) or (2) of the sales of Goods Act 1923.The appeal then came on for hearing. The Sales of Goods Act 1923 (C ¡Ã‚ ¦th) „X  Ã‚  Ã‚  Ã‚  Ã‚  Codifies the common law, with some modifications. „X  Ã‚  Ã‚  Ã‚  Ã‚  In this situation the contact was for a sale of goods. As we can assume that the pair of shoes purchased from the retailer David Jones cost greater than $20 and the plaintiff had evidence in writing such as a receipt. „X  Ã‚  Ã‚  Ã‚  Ã‚  It is a Sales of goods if  ¡Ã‚ §the test is whether the primary objective of the contract is to transfer ownership of goods ¡Ã‚ ¨ in this case that was exactly the situation.   Ã‚  Ã‚  Ã‚  Ã‚   Contract- Section 6 defines a contract for the sale of goods as,  ¡Ã‚ §A contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for money consideration called the price. ¡Ã‚ ¨ (Carvan, Miles C, Dowler W, 2003, 423). The defendant David Jones transferred a pair of shoes (goods), with the plaintiff for a certain price. As there was an exchange of property with money The Sales of Goods Act applies. The pair of shoe... ..., or whether the sales representative knew the particular purpose, it does not seem the parties are going to say something new, even if they were not telling the truth. And it seems the merchantable quality section has been fairly investigated and enough evidence has been obtained to come to a conclusion. In conclusion the sale between David Jones and Mrs. May Elisabeth Willis was a sale by description, it had breeched the implied condition of fitness for a particular purpose along with the implied condition of merchantable quality. Therefore I find the defendant David Jones guilty of sections 19 (1)  ¡Ã‚ §An implied condition of fitness for a particular purpose and 19 (2)  ¡Ã‚ §An implied condition of merchantable quality ¡Ã‚ ¨ as it sold faulty stock to the defendant Mrs. May Elisabeth Willis which caused her to fall down the stairs and brake her leg. The defendant can be sued for damages. I therefore support the trial limited to question of damages. Bibliography „X  Ã‚  Ã‚  Ã‚  Ã‚  Carvan, Miles C, Dowler W, A Guide to Business Law 15th edition. 2003 Sydney: Lawbook Co. „X  Ã‚  Ã‚  Ã‚  Ã‚  Case study: David Jones Ltd v Willis (1934) 52 CLR pages 110 till 133.

Response to Albert Einstein’s Letter to Phyllis Wright

When Albert Einstein, also known as the greatest scientist of the twentieth century, and a Nobel-prize winner, receives a letter from a sixth-grade girl named Phyllis Wright questioning if scientists pray, – and if so, what do they pray for – Einstein simultaneously uses various rhetoric methods such as SOAPS, ethos, logos, and pathos to respond to Wright’s question in the simplest form possible, and in doing so, Einstein created a rhetorically effective response. Einstein’s rhetorical purpose was to elaborate how scientists perceive scientific and religious elucidations.Considering the fact that Einstein is a name known throughout the world and is one of the most legendary scientists known to man, Einstein establishes ethos right away. He has what you could call, â€Å"automatic ethos. † Most people wouldn’t dare to doubt a Nobel-prize winner. Having that in mind, Einstein has a strong amount of credibility to speak on behalf of science and religion through his perspective. Einstein also uses ordinary jargon that any average human could understand, causing people to think highly of him. â€Å"It must be admitted our actual knowledge of these laws is only imperfect and fragmentary.†By using words such as â€Å"our†, Einstein preserves his ethos by establishing himself as a common man, instead of the Nobel-prize winner. This helps his audience relate to his points. Einstein then continues on to create his idea of logos, which he created by supplying a counterargument. â€Å"Scientific research is based on the idea that everything that takes place is determined by laws of nature, and therefore this holds for the actions of people. † By stating this, Einstein concedes to the controversy of scientists with no religious beliefs.However, while conceding with the scientists that believe in the laws of nature, Einstein was concurrently supporting his own statement by showing that he has given a reasonable a mount of deliberation to this topic of science and religion. Einstein is careful when using pathos to help state his point of view, because if you use too much pathos, it will make your entire purpose look more propagandistic. Einstein appeals to his religious viewers by explaining that there could be â€Å"a spirit vastly superior to that of man† relating to the affairs of science.Einstein then goes on to state that, â€Å"in this way the pursuit of science leads to a religious feeling of some sort, which is indeed quite different from the religiosity of someone more naive†. This was Einstein’s clarification, that whether you agree with science or religion, they all involve faith and hope, they just involve different beliefs. The overt subject of Einstein’s response regarding Phyllis Wright’s letter was whether or not scientists pray and what they pray for. The occasion is Einstein receiving a letter from a sixth-grader looking for clarification a bout science and religion.The audience is a more controversial topic. Some say the audience is obviously Phyllis Wright, since he is replying to her letter. However, other people have suggested that due to Einstein’s ethos and his etiquette structure of his response, Einstein knew his response would be seen not just by Phyllis Wright, but by people all over the world. Einstein’s purpose is intricate, you have to analyze the entire letter to understand what Einstein was trying to achieve in responding to Wright. On the surface, it may seem that Einstein’s purpose was to elaborate the nature of science and religion combined.Ultimately, it seems as though Einstein actually wanted to offer Wright a different perspective, due to Einstein’s failure to directly answer Wright’s question. After Einstein’s receipt of Phyllis Wright’s letter concerning the combination of nature and science, and the nature of faith, Einstein takes a more logical approach to the ideals of religion, prayer, and science while acknowledging the differences from a scientist’s point of view. Einstein creates a rhetorically effective response to Wright by giving examples of multiple different rhetoric methods to meet his rhetorical purpose of science and religion from a scientist’s perspective.

The United States Illegal Immigration Dilemma

The United States throughout its history has been built by the hard work and contributions of immigrants. Immigration has always been a vital part of the development of this nation from Colonial days until now; however, Illegal Immigrations has become an issue that is not just discussed by the politicians in Washington, DC and those Border States that are been affected most by it. The issue of Illegal Immigration over the last decade or so is now an issue that seems to be affecting more aspects of the Nation than most seem to be aware of. Illegal immigration has the United facing a situation that it has not had to deal with in over two centuries. The issue of illegal immigration is poses several questions that need to be addressed; how did we get ourselves in the predicament that we are in? Was it the Government Policies and Laws that were or are not being enforced? Maybe, the lack of border security or could those employers who hire known illegal immigrants be the cause. Another, topic that needs to be address when considering the dilemma facing the US is; What impact does Illegal Immigration have on the countries overall Economic System? How does this problem affect our Health Care System, our Educational Systems and Employment opportunities for legal Tax-paying citizens? The most important topic of all is; what is a viable solution to the problem of Illegal Immigration? What type of Immigration Reform will work for all parties involved? Will allowing States to come up with their own laws, instead of relying on the Federal Laws be the right answer, or will revising the 14th Amendment, or Amnesty is the solution? Congress’ major intent when creating Immigration Laws and Policies both early in US history and recently was to accomplish the several goals; â€Å"First, to reunite families by admitting immigrants who already have family members living in the United States. Second, seeks to admit workers with specific skills and to fill positions in occupations deemed to be experiencing labor shortages. Third, it attempts to provide a refuge for people who face the risk of political, racial, or religious persecution in their country of origin. Finally, it seeks to ensure diversity by providing admission to people from countries with historically low rates of immigration to the United States† (Congressional Budget Office, 2006 p. 8); however, there are others actions, or lack of action by government agencies that seem to counteract the very intent of the laws and policies created. One example is the lack of funding and enforcement of our countries border security system. Another example is the non-enforcement of laws and policies governing employers who knowing hire illegal immigrants. Statements like the following by then President Bush, sums up the US governments state of mind and the country’s National Interest concerning the Illegal Immigration issue; â€Å"the U. S needs more cheap labor from south of the border to do the jobs Americans aren’t willing to do, there are uncalculated cost involved in the importation of such labor – public support and uninsured medical costs† (Costs of Immigration, 2007, para. 1). Illegal Immigration’s impact on the US economy can be seen in the following areas: Our Health Care System, our Education System and in Employment Opportunities for legal citizens. The net fiscal cost of immigration ranges from $11 billion to $22 billion per year, with most government expenditures on immigrants coming from state and local coffers, while most taxes paid by immigrants go to the federal treasury. The net deficit is caused by a low level of tax payments by immigrants, because they are disproportionately low-skilled and thus earn low wages, and a higher rate of consumption of government services, both because of their relative poverty and their higher fertility. This is especially true of illegal immigration. Even though illegal aliens make little use of welfare, from which they are generally barred, the costs of illegal immigration in terms of government expenditures for education, criminal justice, and emergency medical care are significant. California has estimated that the net cost to the state of providing government services to illegal immigrants approached $3 billion during a single fiscal year. The fact that states must bear the cost of federal failure turns illegal immigration, in effect, into one of the largest unfunded federal mandates. Yet we still have those who believe that illegal immigrants do not have an adverse effect on the economy (â€Å"Center for Immigration Studies†, 2006, para. 1). The Health Care system here in the US has probably seen the biggest impact of illegal immigration when looking at the overall picture and considering the dilemma as a whole. An example of these effects in Texas is the statement made by â€Å"Rick Alleyer, director of research for the Health and Human Services Commission, said illegal immigrant health care – mostly emergency hospital care – cost the state over $100 million last year† (Illegal Immigrant Care, 2010, para. 5). Throughout the country in states like Texas, New Mexico, Arizona and California hospitals have had to either closing their doors completely or file bankruptcy because of federally mandated programs requiring free emergency room services to all illegal immigrants. The effects of illegal immigration on the US educational systems may not be as profound as they are for the health care system, the impact is noticeable enough for educators, politicians and state governments to consider when they receive yearly reports of how poorly their schools are performing, the increase in student population, and how the cost of education continues to increase. According to Edwin Rubenstein, â€Å"Immigrant children are poorer than native-born children, and their numbers have increased far faster. At least 19 percent of all K-12 enrollments are the result of immigration. In excess of 9. 2 million are immigrants or the children of immigrants. Because of their lack of language abilities, they take 25 percent of funding. Out of $499. 1 billion in the 2008 school year, $125 billion was spent on foreign born children† (Illegal Alien Education Impact, 2008, par. 7). Notice this was just considering secondary schools in the state of California. There are numerous states and schools that are rewarding illegal immigrants for enrolling in the schools, yet they are denying the same subsidies to lawful students or legal immigrants. The ever increasing number of illegal immigrants flowing into the US every month plays a dramatic role in displacing American workers, over the past five years it is estimated that 1 million legal citizens have been replaced by immigrants allow to come this country on work visas. Another area for concern pertaining to illegal immigration and its effect on employment opportunities is, the trend among illegal immigrants changing from the traditional few industrial area and parts of the country, integrating themselves into all sectors of the economy throughout the nation. The concern here is the increasing widespread demand for their labor. Having discussed some of the areas that our country are faced with, and most do something about, we now will look at some possible solutions on how to deal with this dilemma. Realizing that Immigration Reform is must do, what areas need to be addressed, and what adjustments need to be made is the question at hand. One of the many Immigration Laws and Policies that has been created over the years is the 14th Amendment and the â€Å"anchor baby† concept. This amendment has been in the news and on the mouths of politicians almost as much as Immigration Reform itself. The question that needs to be addressed is will amending this amendment provide enough assistance to drastically decrease the flow of illegal immigrants into the country? If we look at the direct effects that the 14th amendment has on the country some feel very strong about amending this amendment. For example some believe that rescinding the citizenship of anchor babies; â€Å"American hospitals welcome anchor babies†¦Anchor babies are citizens, and instantly qualify for public welfare aid: Between 300,000 and 350,000 anchor babies annually become citizens because of the Fourteenth Amendment to the U. S. Constitution: ‘All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside. ’† (Illegal aliens threaten U.  S. economic system, 2008, para. 12). The concept of individual states enacting their own laws and initiatives could be the short term solution. Arizona’s AZ SB 1070 law, even though not fully implemented, is one such example of states taking matters into their own hands not waiting on the Federal government to enforce the laws they created. Arizona Senator Russell Pearce (2010) â€Å"characterizes the illegal immigration problem as one of invasion and quotes the Constitution: â€Å"The United States shall guarantee that every State of this Union a Republican Form of Government, and shall protect each of them against Invasion† (p. ). Arizona is not the only state that has come up with laws to help deal with the illegal immigration population in their states; you have states like Colorado, Georgia, Idaho, and Oklahoma. The state of California has a bill that has begun the signature process, the California Taxpayer Protection Act of 2010, Initiative 09-0010. This bill is for â€Å"real world citizens, â€Å"The people of California have an opportunity to curb the illegal immigration. Many in California may not have seen the grass lately, but we’ve been seeding our roots† (Dvorak, 2009, p. ) The Illegal Immigration Amnesty bill was signed into law by President Reagan in 1986 in an effort to provide amnesty to illegal immigrants that entered the country before 1982. The intent was to be tighter security on the borders and stricter penalties for employers hiring undocumented workers. Needles to say, this law seem to accomplish the exact opposite. There are some who believe that with the proper oversight and funding this could prove to be a viable solution to the illegal immigration problem that the U. S. aces today. There are also those who believe that the Amnesty Law is a major cause of illegal immigration, many immigrants believe that once they get here to the U. S. they will qualify for amnesty in a matter of time. â€Å"Many in California believe the federal government has dropped the immigration ball over the last 40 years. â€Å"In Washington D. C. they have a few nicknames; reform is code word for amnesty† (Dvorak, 2009, p. 2) It is without a doubt that the US was founded on immigration and its many contributions over the years. The dilemma that we face today brings into question if the laws and policies of the past are serving their intended purposes, if they are still beneficial to the country, and if there are new laws that need to be created to address some of the issues that have been created because illegal immigration. Even though actual numbers of illegal immigrants were not discussed because of inaccurate data; the issues concerning how did we get to this point; what are the impacts of illegal immigration on the countries social and economic systems, and probably the ost the most import issue is what are we going to do about it. The solution to this dilemma should include, not just the enforcement, of the policies and laws established but, it should also make sure they are properly funded as well. The solution should contain initiatives that address those topics that negative effect the country as well as initiative that reward positive effects of illegal immigration; keeping in mind the countries national security and national interests in mind. References http://www.redstate.com/renny/2010/08/17/az-sen-russell-pearce-on-his-states-immigration-law-and-the-rest-of-us/ http://www.theamericanresistance.com/articles/art2005mar13.html http://www.rense.com/general81/illega.htm

Literature Review Methane

Methane Recovery from Landfills Utilization as a Potential Energy Source and Impact on Reduction of Green House Gasses According to The Conference Board of Canada, current Canadian municipal solid waste (MSW) generation levels are approximately 30 million tonnes per year, with a rate of 894 kg per capita, 67 percent of which is landfilled. (Jones L. et al. 2002) Sanitary landfills burry MSW under soil, sanctioning a complex series of reactions to occur, where anaerobic microorganisms decompose a portion of the organic fraction of the waste producing methane and carbon dioxide.Methane generation and emission from landfills are topics of major interest due to methane's role in the greenhouse effect, migration of hazard potential, health and safety issues and energy applications. The objective of this literature review is to provide a concise relationship between MSW and landfill gasses (LFG), details of potential methods used for capturing methane as appose to emitting the gas as well as the benefits of doing. Rendering to information written by D. R. Reinhart and T. G. Townsend (1998), MSW contains approximately 50 – 70 % of biodegradable material, such as food, paper, wood, and garden trimmings.Once MSW is deposited into a landfill, it undergoes a number of biological, physical and chemical changes. These changes are greatly dependent on site conditions, waste characteristics, temperature, quantity of oxygen, moisture content and other factors. (Nozhevinikova et al. 1993) The most important reactions occurring within the landfill are those involving the microbes which begin to consume the carbon in the organic material, in turn causing the decomposition and eventually leading to the evaluate of LFG.In sanitary landfills, the process of burying waste and regularly covering deposits with a low permeability material creates an internal anaerobic environment that favors methane producing bacteria since the presence of oxygen is lacking. Pathways leading to t he production of methane and carbon dioxide from anaerobic digestion of organic fraction of solid waste are briefly described bellow: 1) Decomposition of organic matter- In this preliminary process, compounds of higher molecular mass (Lipids, proteins, nucleic acids etc. are transformed into intermediate mass compounds making them much more suitable for the microorganisms as a source of energy and cell carbon 2) Conversion of decomposed matter to Organic Acid- In this phase, the existing microorganisms convert the intermediate molecular mass compounds into lower molecular mass compounds such as compel organic acids. 3) Conversion of Acetic Acid to Methane Gas- During this stage, the microorganisms transform the acetic acid into methane (CH4) and carbon dioxide (CO2) gasses. Cassia de Brito Galvao, T. and Pos, W. H. 2002) As the solid waste decomposes in landfills, the gas which is emitted is composed of approximately 50 percent CH4 and 50 percent CO2, both of which are green house g asses (GHG) (Bingemer, H G. , ; Crutzen, P. J. 1987) With Landfilling being the primary source of disposal of MSW around the world, (Encyclopedia Britanica 2012) methane emissions from landfill represent the largest source of GHG emissions from the waste sector, contributing around 700 Mt CO2-e. United Nations Environmental Programme 2012) As recorded by Environment Canada (2010), similar trends exist nationally with emissions from Canadian landfills accounting for 20% of the total national methane emissions. Information gathered in a thesis prepared by Palananthakumar, B. (1991) outlines the proportion of methane produced world wide from landfills, and can be seen illustrated graphically below in Figure 1. 0. Figure 1. 0: % of Methane Production Contributions Worldwide from Landfill Existing research leads to the confident statement that methane is a potent greenhouse gas.As summarized in a 2009 article from the Municipal Solid Waste, the Journal for Municipal Solid Waste Professio nals, In its Fourth Assessment Report (2007), The Intergovernmental Panel on Climate Change (IPCC) concluded that, on a 100-year time frame, each molecule of methane has a global warming potential 25 times higher than that associated with a molecule of carbon dioxide. (Duffy, D. P. et al 2009) Table 1. 0 summarizes the enumerated global warming potential for the primary greenhouse gasses discussed. Table 1. : Global Warming Potential (GWP) for a Given Time Horizon Greenhouse Gas| GWP20-yr (kg CO2-e| GWP (IPCC 2007) 100-yr (kg CO2-e)| GWP 500-yr (kg CO2-e)| Carbon Dioxide (CO2)| 1| 1| 1| Methane (CH4)| 72| 25| 7. 6| (Forster, P. et al 2007) In the last decade, attention to methane emissions from landfills has grown significantly with increased and ongoing awareness of global warming. The efforts of individual landfills as well as the nations as a whole are closely monitored for the control of methane emissions.A trend has been observed that the magnitude of methane emission has been slightly decreasing, which is potentially due to the development of LFG to energy projects. Contrary to the negative perception associated with all greenhouse gasses, capturing this LFG can lead to beneficial outcomes. Generally, recovered methane either flares or is used as source of energy. The use of the gas as a source of energy is economical and environmentally friendly method to reduce LFG emissions. There are three primary approaches for the utilization of LFG.They include; 1) Direct use of gas locally 2) Generation of electricity and distribution through power grid 3) Processing and injection into a gas pipeline. (Palananthakumar, B. 1991) The captured LFG has the potential to provide a continuous source of energy and improve local air quality. In addition, using LFG can significantly reduce GHG emission, making the option of exploiting this alternative energy source a very viable option to MSW management. The United States Environmental Protection Agency has utilized this M SW management option and continues to encourage it.They have created a program that aims to help reduce methane emissions from landfills by assisting and encouraging the recovery and use of LFG as an energy resource. Since the programs inception, Landfill Methane Outreach Program (LMOP) has assisted 520 LFG energy projects in the United States reduce landfill CH4 emissions and avoid CO2 emissions by a combined 44 million metric tons of carbon equivalent. The reduction of methane emission through this program has slightly influenced the overall emission of LFG in USA.The success of LMOP can be reckoned by observing statistics from 2010 where reductions from all operational LFG energy projects were equivalent to Annual GHG emissions from 18. 5 million passenger vehicles. (United States Environmental Protection Agency 2012) A variety of technologies exist to generate electricity from collected methane including, internal combustion engines, gas turbines, and microturbines. Although the re is a diversity of technologies, approximately eighty five percent of existing LFG electricity generation projects use internal combustion engines or turbines. United States Environmental Protection Agency 2012) â€Å"How much energy can Municipal solid waste produce? † is a common question among existing research. According to â€Å"An Overview of Landfill Gas Energy in the United States† published by U. S. Environmental Protection Agency Landfill Methane Outreach Program, one million tons of landfilled MSW can produce an electricity generation capacity of approximately 0. 8 MW. To further quantify this value, allowing the magnitude of the electricity generation to be understood, Focus on Energy (2003) outlines that 0. 8MW would be drawn to power approximately 8 000 100w light bulbs.It can be concluded that LFG recovery wreaks benefits environmentally, socially and economically. LFG recovery, particularly methane, also makes an impact on the larger issue termed gree n house effect, as it is amongst the most cost effective and feasible measures to reduce greenhouse gas emissions. The recovered LFG can be directly or indirectly utilized to produce energy, which is a perpetually small, however; a very important component of an integrated approach to the solid waste management given that the use of landfills continues to remain the predominant method of municipal solid waste disposal in most countries. Global Methane 2012) References Bingemer, H G. , ; Crutzen, P. J. (1987). The Production of Methane from Solid Wastes. † Journal of Geophysical Research, 90(D2), 2181–2187. Cassia de Brito Galvao, T. and Pos, W. H. (2002) â€Å"Landfill Biogas Management: Case of Chilean Sanitary Landfills. † Recovering Energy from Waste, 183-194. Conference Board of Canada. (2011). â€Å"Municipal Waste Generation. † How Canada Performs, ; http://www. conferenceboard. ca/hcp/details/environment/municipal- waste-generation. aspx#_ftnref3; ( Sept. 28th, 2012) Duffy, D.. P et al (2009). â€Å"Moving Up†¦ to the Top of the Landfill. Municipal Solid Waste Management. 19(2), 36-39. Encyclopedia Britanica (2012). â€Å"Solid Waste Management. † ;http://www. britannica. com/EBchecked/topic/553362/solid-wastemanagement /72390/Sanitary-landfill; (Sept. 29th, 2012) Environment Canada (2010). â€Å"Municipal Solid Waste and Greenhouse Gases. † ;http://www. ec. gc. ca/gdd-mw/default. asp? lang=En;n=6F92E701-1; (Sept 29th, 2012) Focus On Energy (2003). â€Å"Electricity Basics for Renewable Energy Systems†, Focus on Energy, Wisconsin. Forster, P. et al (2007) â€Å"Changes in Atmospheric Constituents and in Radiative Forcing. Climate Change 2007:The Physical Science Basis. Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA. Global Methane (2012). â€Å"Basic Concepts of Integrated Solid Waste Management. † International Best Practices Guide for LFGE Projects, Global Methan e Initiative, U. S. Environmental Protection Agency, Washington, DC. Jones, L. et al. (2002). â€Å"Environmental Indicators 5th Edition. † Critical Issues Bulletin, The Fraser Institute: Vancouver, BC Landfill Methane Outreach Program (2012). â€Å"An Overview of Landfill Gas Energy in the United States† U. S. Environmental Protection Agency, Washington, DC.Nozhevinikova, A. N. , et al. (1993). â€Å"Microbiological Process in Landfills. † Water Science Technology, 27(2), 243-252. Reinhart, D. R. , and Townsend, T. G. (1998). Landfill Bioreactor Design ; Operation, CRC Press LLC: Boca Raton, FL, USA. Palananthakumar, B. (1991). â€Å"Modeling of Methane Generation, Oxidation and Emission in Landfills. † M. Eng. Thesis, Asian Institute of Technology School of Environment, Resources and Development, Bangkok, Thailand. United States Environmental Protection Agency (2012). â€Å"Landfill Gas Energy:A Guide to Developing and Implementing Greenhouse Gas Reduc tion Programs. Local Government Climate and Energy Strategy Guides, U. S. Environmental Protection Agency, Washington, DC. United States Environmental Protection Agency (2011). â€Å"Landfill Methane Outreach Program. † Environmental Protection Agency, ;http://www. epa. gov/lmop/ faq/ lmop. html; (Sept 29th, 2012) United Nations Environmental Programme (2012) â€Å"Waste and Climate Change: Global Trends and Strategy Framework. † United Nations Environmental Programme Division of Technology, Industry and Economics International Environmental Technology Centre, Osaka, Japan.

Chicken Wings

Chlamydia is the most common bacterial sexually transmitted infection (STI) in Canada. When left untreated, it can lead to painful physiological problems and sterility defects. Despite being in decline for many years, rates of chlamydia infection have risen steadily since 1997. These rising rates show that people are not using safer sex methods on a consistent basis. This STI is transmitted through vaginal, anal, or oral sex, and can also be transmitted from mother to child during childbirth.Chlamydia exists as one of many issues concerning safe sex across Canada. In terms of unprotected or unsafe sex, it is important for people to test for Chlamydia. It is known as the ‘silent disease', because more than 50 percent of infected males and 70 percent of infected females have no symptoms and are unaware of their condition. Physiological effects usually begin to appear two to six weeks after infection, but it can take longer. If the STI is left untreated, beginning symptoms include : Women Men -A vaginal discharge-A discharge from the penis A burning sensation when urinating-A burning sensation when urinating -Vaginal bleeding between periods or after intercourse-Pain and/or swelling in the testicles -Pain in the lower abdomen-Pain in the lower abdomen If the STI is still not treated after initial symptoms, long-term effects for both sexes may include Pelvic Inflammatory Disease (PID), which is irritated skin in the pelvic region, and also a decrease in fertility rates. Even without symptoms, however, chlamydia can be transmitted and can lead to serious health problems and sterility, especially in women.Anyone at risk should therefore be tested. Support Services Health Canada's Sexual Health and Sexually Transmitted Infections Section provides national leadership and coordination through programs that develop and support surveillance and targeted research studies. Working with provincial and territorial governments, non-governmental organizations and health ca re providers, the Section develops evidence-based national standards and policies, promotes the exchange of information and engages in prevention and promotion activities.Additional Info: Minimizing RiskFollowing these suggestions may help you to protect yourself from contracting chlamydia: Learn about safer sex methods. Make informed decisions. Talk to your partner(s) about their STI status and the use of protection. Correct use of condoms reduces the risk of acquiring chlamydia and other STIs. Get tested for chlamydia if you are sexually active. If you are diagnosed and treated for chlamydia, be sure to follow your health care provider's treatment and follow-up recommendations.If infected, you should abstain from sex until both you and your sexual partner(s) have completed your antibiotic treatment. You can easily be reinfected if your partner is not treated as well. It is important that you or someone from your public health department notify any of your sexual partners who may h ave been put at risk of infection. They will also need to be tested and possibly treated.

Analysis and Consequences of Legal Action(S) Essay Example for Free

Analysis and Consequences of Legal Action(S) Essay Analisis for successful lawsuit report Purpose Per your request, our legal team, courtesy of Legal Eagles, LLP, wishes to advise you regarding your tentative legal action against Mechanics National Bank (â€Å"National Bank†). As you alleged, National Bank was negligent in their failure to remove a lien on your Lagoon Beach property. Our legal team has assessed this and other concerns of your case. Outlined throughout this correspondence are conclusions we have made and recommendations we wish you consider. Before we proceed, we thank you for your trust and assure you nothing less than our highest-quality work. You have expressed to us your interest in recovering compensation for a failed entrepreneurial endeavor involving a hotel property, Hotel California. You also informed us that your acquisition of this property was dependent upon your securing financing through pledging a property you currently own as collateral. In a brief analysis of the facts of your case, we find you may successfully prove liability on the part of National Bank; however, this conclusion is not without concerns, particularly regarding your contract with the owner of Hotel California. This concern and other considerations for your case are also discussed in this correspondence. Factual Background Our notes of the essential facts of your case indicate the following: You sought the acquisition of an existing hotel property located in Palm Desert, Green. You contacted the hotel’s listing agent, Mr. Babak Gordon, and obtained preliminary data on the property, including financial statements of the hotel which you have provided us. On January 5, 2005, the hotel owner, Ms. Shirley Ramirez, Mr. Gordon, and you had a preliminary discussion regarding the purchase and sale of Hotel California. Ms. Ramirez offered to you by phone this property for $4.3 million, excluding the furniture, and the sale was to conclude following a 45 day escrow. On January 6, 2005, you faxed Ms. Ramirez a signed letter both indicating your acceptance of her offer and your preference that the transaction close following a 60 day escrow. Although you never received a reply or confirmation from Ms. Ramirez, on January 30, 2005, you obtained a financing commitment from Bank of the West. Their conditions we re that the bank would obtain a first priority lien on the hotel property along with an unrelated undeveloped parcel of land owned by you in Lagoon Beach, Green. As you have shared with us, you acquired this land in 1984 and had managed to pay off its mortgage on November 1, 2004. However, National Bank failed to remove its lien on the property. You vigorously attempted to get National Bank to remove its lien on this property. You contacted bank officers and explained to them that the lien needed to be removed so that you could pledge the property as collateral and finance your purchase of Hotel California. Because National Bank did not remove this lien, you were unable to finance the acquisition of Hotel California. You later bought a hotel property â€Å"similarly situated† and â€Å"virtually identical† to Hotel California for $4.7 million dollars. Issue From our analysis, we find as reasonable your decision to consider pursuing legal action against National Bank for damages. You have cited National Bank as negligent for failing to follow instructions regarding the removal of a lien from the title of your Lagoon Beach property. If you proceed further to trial, a court of law will try, whether by failing to remove its lien on your Lagoon Beach property, National Bank committed the tort of negligence. Because our analysis has also raised concerns regarding your contract with the owner of Hotel California, Ms. Shirley Ramirez, we must also inform you of a second issue a court of law is likely to try. If you proceed further to trial, a court of law will try whether a legally binding, enforceable contract exists (or existed) between Ms. Ramirez and you. Keep in mind that your legal action for damages may be predicated on whether there was a contract. Roadmap In addition to listing our conclusions, recommendations, and concerns throughout this correspondence, you will find that we have analyzed the likelihood for success of your legal action against National Bank. You have expressed your desire to recover damages for your lost opportunity involving the Hotel California property. For your convenience, a complete and careful analysis has been conducted and detailed throughout this correspondence. GROUNDS OF LIABILITY You have alleged that National Bank was negligent, and you intend to recover damages from National Bank. You will have the burden of proving the prima facie case for the tort of negligence. You must cite evidence and present arguments that support your allegation of National Bank’s negligence. To successfully fulfill your burden you must show that: * Duty: The defendant (National Bank) owed you (plaintiff) a duty of due care. * Breach of Duty: Defendant’s conduct breached that duty. * Actual and Proximate Cause: Actual and proximate causation between defendant’s breach and your (plaintiff’s) injury was present. * Injury: Injured party (you) sustained injury due to defendant’s actions. If you fail to prove these elements, National Bank’s legal team may motion to dismiss your case. In this event, it is possible that your case could then be dismissed without further proceedings. However, if you successfully prove and argue all four of these elements, you must also overcome any affirmative defenses, if applicable, raised by the defendant (National Bank). These defenses are contributory negligence and assumption of risk. From our initial analysis, National Bank will be unable to raise an affirmative defense on these grounds. We will fully assess whether there are on any other legal grounds defenses that National Bank can raise. (See Other Considerations.) Remedies for Negligence If you successfully prove National Bank’s liability, you may be entitled to recover compensatory or actual damages. The damages and compensatory award amounts are determined on a case-by-case basis by the jury or judge presiding over the case. We have included a potential award amount you may be entitled to and you will find a complete discussion on how this determination is made. (See ANALYSIS OF LIABILITY – Injury.) Statutes Governing Contract Law Because the secondary issue (See Issue) and one of our concerns regarding your case is regarding your contract with Ms. Ramirez, we have disclosed applicable information from both the Green Civil Code and our legal library pertaining to 1) offer and acceptance, 2) Green’s statute of frauds, and 3) Green’s â€Å"mirror image rule.† For your convenience, we have bolded and defined legal terminology that will be reiterated in later sections of this correspondence. Offer and Acceptance An offer is the important first step in the contract formation process. A party (offeror) who makes the offer gives another party (offeree) to whom the offer is made the power to bind both parties to a contract simply by accepting the offer. Not every proposal qualifies as an offer. To distinguish an offer, courts evaluate offers on three grounds: First, they look for some objective indication of a present intent to contract on the part of the offeror. Second, they look for specificity, or definiteness, in the terms of the alleged offer. Third, they look to see whether the alleged offer has been communicated to the offeree. An acceptance is â€Å"a manifestation of assent to the terms [of the offer] made by the offeree.† In determining if an offeree accepted an offer and created a contract, a court will look for evidence of three factors: (1) the offeree intended to enter the contract, (2) the offeree accepted on the terms proposed by the offeror, and (3) the offeree communicated his acceptance to the offeror. Statute of Frauds According to the Green Civil Code,  § 1624, any contract transferring an interest in land is invalid if not accompanied by â€Å"note or memorandum.† An unenforceable contract is one that meets the basic legal requirements for a contract, but may not be enforceable because of some other legal rule. A contract for which the statute of frauds requires a form of writing, yet no writing is made, may be declared an unenforceable contract. Mirror Image Rule The traditional contract law rule is that an acceptance must be the mirror image of the offer. Attempts by offerees to change the terms of the offer or to add new terms to it are treated as counteroffers because they indicate an intent by the offeree to reject the offer instead of being bound by its terms. Now that you have an understanding of the relevant law behind the tort of negligence and contracts, and are familiar with the legal terminology of these areas, we proceed into our analysis of the facts of your case and the prima facie case for the tort of negligence. ANALYSIS OF NATIONAL BANK’S LIABILITY Should you pursue further legal action against National Bank, you will have the burden of proving the elements of the prima facie case of the tort of negligence. Below are descriptions of these elements, accompanied by our legal analysis between the facts of the case, prima facie case, and case law from our legal library. Tort of Negligence In Commercial Escrow Company v. Rockport Rebel, Inc., negligence is defined as â€Å"conduct which falls below the standard established by law for the protection of others†. Because of the similarities in the facts between the case of Escrow Company and your case, this case has been used extensively in the forming of the following arguments. We recommend using this case in satisfying your burden for your legal action. Accordingly, you must argue that National Bank’s behavior in failing to remove the lien on your Lagoon Beach property fell below the standard for public protection established by law. Further, to successfully prove negligence, you must argue that National Bank is responsible for some injury you incurred stemming from their alleged mismanagement and failure to remove the lien on your property. With your notes, the facts of your case, and documents you provided us, we have constructed tentative arguments to determine the success of your legal action. You will find these arguments beginning on the next page. Duty According to the case, Commercial Escrow Company v. Rockport Rebel, Inc., â€Å"a defendant owes a duty of care to all foreseeable plaintiffs.† For example, in cases where a â€Å"[defendant] voluntarily assumes the duty to act by promising to the plaintiff to behave in a certain way,† the defendant owes that plaintiff a duty to act with care. According to Judge Utter, a â€Å"defendant also [owes] the plaintiff a duty of care where a contractual relationship between the parties requires the defendant to act in a certain way towards the plaintiff.† Considering these rules of law, National Bank owed you a duty to act as you requested. In your previous correspondence, you indicated that National Bank is â€Å"the lender on your Lagoon Beach property.† You also submitted to us a copy of your deed of trust. To reiterate â€Å"the language in the deed of trust† as part of your contractual relationship with National Bank, National Bank was supposed â€Å"to promptly record a reconveyance of its lien on [your] property upon payment in full of the underlying loan.† Because National Bank failed to do this, we find it foreseeable that you would be prevented from using the property as collateral for your hotel acquisition. Additionally, you also mentioned that you â€Å"vigorously attempted to get†¦ National Bank to remove its lien on [your] property, but to no avail† and despite â€Å"repeated assurances from various officers.† Because National Bank officers assured and essentially promised you that they would remove the lien on your property, National Bank voluntarily assumed a duty to you, if no duty had been present beforehand. In essence, the assurances made to you to process your request indicate that National Bank voluntarily assumed, and therefore owed you, a duty of due care to act as you requested. In light of these arguments, we assure you that you should successfully satisfy this first element – duty – of the prima facie case of the tort of negligence. Breach of Duty According to Commercial Escrow Company v. Rockport Rebel, Inc., in order for a plaintiff to prove negligence, the â€Å"plaintiff is required to show †¦that [the defendant] had breached [defendant’s] duty of care to the plaintiff.† In most cases, a defendant owes a plaintiff a duty to act as would a reasonable person under similar circumstances. In the case of Escrow Company, the Court found that â€Å"in performing services for a client, [the] escrow company has the duty to strictly follow instructions.† Like an escrow company, a financial institution like National Bank most likely has a duty to strictly follow instructions drafted in a deed of trust, or part of a loan or other financial instrument. Because officers on behalf of National Bank did not follow instructions and terms of behavior involving you (as lendee) and National Bank (as lender) detailed in your property’s deed of trust, you may successfully argue that National Bank breached its duty to you. According to our copy of your deed of trust you provided us, National Bank was required to â€Å"promptly record a reconveyance of its lien on the property upon payment in full of the underlying loan.† You had managed to pay off the mortgage on this property on November 1, 2004. Despite this, National Bank failed to remove its lien, even after you requested. Because officers at National Bank did not strictly follow this instruction, National Bank breached the duty of due care owed to you. Causation Satisfying the prima facie case for the tort of negligence also requires that a plaintiff prove that there is a connection (or actual causation) between the alleged breach of duty by defendant and injury suffered by plaintiff. As in the case of Commercial Escrow Company v. Rockport Rebel, Inc., courts assess the existence of a connection between breach and injury by determining whether injury would have occurred if not for breach. A court would employ a similar test in your case. Because National Bank failed to remove the lien on your property, you did not satisfy terms of the loan commitment with Bank of the West and could not secure financing for your acquisition of Hotel California. We find that there is a casual connection. Courts also evaluate the proximate cause (causation) between a defendant’s breach of duty and a subsequent injury suffered by a plaintiff. Proximate causation refers to whether the defendant’s breach of duty and subsequent injury suffered by the plaintiff was foreseeable. Because you vigorously attempted to have officers at National Bank remove its lien on your property and informed them that you needed the lien removed in order to pledge the property as collateral, we find that your injury of loss of opportunity to acquire the hotel property was foreseeable. Injury The final element you must prove to satisfy the prima facie case for the tort of negligence is whether you have suffered injury because of National Bank’s alleged negligence. Due to National Bank’s failure in removing the lien on your Lagoon Beach property, the transfer of ownership agreement of Hotel California between you and Ms. Ramirez allegedly collapsed. Later, you purchased a â€Å"similarly situated† and â€Å"virtually identical† hotel property for $4.7 million, $400,000 more than what you would have paid for Hotel California ($4.3 million). In essence, National Bank’s alleged negligence caused you to incur an opportunity cost of $400,000. This loss of opportunity is under the assumption that a valid, enforceable contract existed between you and Ms. Ramirez. SUMMARY Because National Bank breached its duty by failing to remove its lien on your property, you were unable to secure financing for a $4.3 million acquisition of Hotel California. However, you later purchased a â€Å"virtually identical† property for $4.7 million. You may be entitled to the difference. DEFENSES AGAINST LIABILTY In this portion of this report, we detailed any applicable defenses relevant to your case, and outlined other considerations and concerns we advise you to consider. Although we have found that affirmative defenses to National Bank’s negligence are inapplicable to the particular facts of your case, we have other concerns to discuss. Other Considerations It is the opinion of Legal Eagles, LLP, that National Bank may argue that regardless of whether it removed the lien on your Lagoon Beach property, indefinite would be the transfer of ownership of the hotel property from Ms. Ramirez to you. As our analysis showed, you may successfully prove that National Bank had a duty to remove the lien on your property and subsequently breached that duty by failing to adhere to this instruction. If the failure to remove the lien on your property can be proven to have caused you damage(s), we will advise you to pursue further legal against National Bank. But first we must evaluate the documents you provided us and later the validity of the binding contract between you and Ms. Ramirez. Analysis of Income We have completely revalued the hotel property, Hotel California you were interested in. We used the same method(s) and approaches that most banks in our region would use to appraise the value of hotel properties. The expected value approach places weights on appraisals from two methods. First, we multiplied the past two years’ average gross margin by four. This holds a weight of 40%, because it is expected to be accurate 40% of the time. The value we derived from this method came to $2,462,380.00. Next, we took the present value of the average of the past three years’ cash flows, discounted at an 8% discount rate for 10 years. This method holds a 60% weight. The value derived from this method comes to $2,505,589.13. Our final step is to assign the correct weight to each method and sum the two figures. We can therefore conclude that the Hotel California’s appraisal value is $2,488,305.48. In addition to this, it is acceptable for a company to sell what is known a s â€Å"goodwill.† That is why the listed price of 2.5 million dollars was overstated by $11,694.52. We know that the bank would only allow you to borrow up to the appraised value, $2,488,305.48, unless you either pay 25% of the purchase in cash, or pledge to the bank a first priority lien on the vacant land as collateral. We also know that the latter option was not possible, so we will consider the former. We conclude that 25% of the purchase price of $4.3 million is $1,075,000. Because you were able to only provide $500,000 in cash for a down payment, you did not meet the requirements to borrow more than $2,488,305.48 from the bank, without pledging the vacant land. Hypothetically, if you had decided to borrow $2,488,305.48 from the bank, plus your $500,000 down payment, you would have had $2,988,305.48. This amount still would not have been enough to purchase the Hotel California property offered at $4.3 million dollars. Consequently, we conclude that without pledging the vacant land as collateral, there was no way you could have borrowed enough money to make the purchase. Even though the appraised value was not enough for you to borrow a sufficient amount of money from Bank of the West, we believe the appraised amount you were given was not accurate. There are two reasons why we believe Desert Mirage Accounting should not have relied on the income statement and footnote provided by Ms. Ramirez’s accountant. The first problem lies in the way the accountant prepared the income statement. Mr. Babak Gordon calculated gross profit by taking revenue minus cost of revenue. This method is only used for retailers and manufacturing companies, whereas Hotel California is a service company. The second problem is the verifiability of the financial statements and reliability of the accountant. To be credible, financial statements must follow generally accepted accounting principles (GAAP). A financial statement that follows GAAP must be accompanied by a signed opinion letter. The letter can be in the form of: 1) Compilation letter Finally, this letter must be signed by a certified public accountant (CPA). Because the income statement of Hotel California does not come with any signed opinion letter, we cannot verify its accuracy. Therefore, Desert Mirage Accounting should not have relied on that income statement and footnote information to make the evaluation. In our initial observation of your case, we assumed National Bank’s failure to remove its lien from your Lagoon Beach property caused you to forfeit your opportunity to purchase the Hotel California property. As illustrated by our calculations above, you could not have financed the acquisition of Hotel California without pledging your Lagoon Beach property as collateral. However, after conducting a thorough analysis of your case, we regret to inform you that you may not be able to prove damages stemming from National Bank’s failure to remove its lien from your property. Even though National Bank may have breached its duty to you, National Ba nk could argue that your contract with Ms. Ramirez is invalid or unenforceable. In the event that you do not have a valid or enforceable contract, you are not legally entitled to the Hotel California property or other legal remedies. In essence, regardless of whether National Bank’s negligence can be proved, a transaction between Ms. Ramirez and you might not have occurred if a binding contract did not exist. We will clarify and explain this finding in the next section. Offer and Acceptance Analysis From our analysis, coupled with case law from our case library, we have found that there was no contractual arrangement between you and Ms. Ramirez. In arriving at this finding, we took into account the facts surrounding your case. There are key elements that prevent the institution of a contract, for the purchase of real estate, between you and Ms. Ramirez. In reaching this finding, we referred to the case of Cayetano J. Apablasa v. Merritt & Company from our case library. In this case, the Court evaluated a plaintiff’s action for damages resulting from an alleged breach of contract. This plaintiff’s action for damages depended on whether there was an existing contract. The Court found that â€Å"no reasonable construction of evidence† admitted a binding contract between the parties; and that the correspondence that was provided to the Court amounted to â€Å"nothing more than an offer that was never accepted.† In essence, at the conclusion of the plaintiff’s case, the Court’s judge â€Å"entered a judgment decreeing that no contract was entered into, existing, or was ever executed.† Similar to your case, in Cayetano v. Merritt, the initial reply to the offeror’s offer by the offeree did not constitute an acceptance, contrary to what the offeree had thought. The offeree had included a â€Å"proviso† in his perceived acceptance letter to the offeror. In light of this, the Court found that terms proposed in an offer â€Å"must be met exactly, precisely and unequivocally for its acceptance to result in the formation of a binding contract.† This decision supplements our discussing regarding Green’s â€Å"mirror image rule† below. (See Regarding Mirror Image Rule.) Additionally, the Court stated that â€Å"[t]he addition of any condition†¦ is tantamount to a rejection of the original offer and the making of a counteroffer.† In essence, the Court’s decision can be summarized by the following: â€Å"[w]here a person offers to do a definite thing and another introduces a new term into the acceptance, his answer is a mere expression of willingness to negotiate or is a counter proposal, and in neither case is there a contract; if it is a new proposal and it is not accepted it amounts to nothing.† Regarding Green’s Statute of Frauds A key element that is missing in the proof of a contract is that your agreement with Ms. Ramirez was not in writing. The Green Civil Code requires that in order for a contract involving the sale of real property, to be valid, the agreement must be in writing and signed by the party to be charged or by the party’s agent. In your situation, Ms. Ramirez made her initial offer orally over the phone and you replied by a signed fax. There was never a written offer or contract signed by Ms. Ramirez. Therefore, a court of law would most likely find the contract between you and Ms. Ramirez as unenforceable. Even if the alleged contract did not have to be in writing and could be enforceable, there are other additional concerns we have: Regarding the Mirror Image Rule In a situation, such as the one you were in, a proper acceptance must meet the â€Å"mirror image rule.† This rule states that in order for an offeree to properly accept an offer, the offeree must accept the exact offer that was established by the offerer. When reviewing your case, we found that you had intent to accept Ms. Ramirez’s offer, but in your attempt to accept the offer, you added a different term to the agreement. In her offer, Ms. Ramirez required that â€Å"[t]he sale was to conclude following a 45-day escrow.† However, in your reply, you stated that you â€Å"would like to close escrow within 60 days.† A court of law would find that by changing the terms of Ms. Ramirez’s offer, you fail to meet the â€Å"mirror image rule,† and therefore terminated Ms. Ramirez’s initial offer and proposed a counteroffer. Documents you provided us detailing your correspondence with Ms. Ramirez indicate no communication on her part in accepting your counteroffer. Summary We must mention that had there been a contract between Ms. Ramirez and you, you may have been the subject of legal action by Ms. Ramirez. If we assume there was an actual contract between Ms. Ramirez and you with either the 45 day or 60 day escrow term, Ms. Ramirez could have pursued legal action and you could be liable for having breached your contract for your failure to deliver on your promise. You entered into the alleged contract with Ms. Ramirez on January 6, 2005. Regardless of whether there was an agreement for a 45 day escrow or a 60 day escrow term, you failed to secure financing in either time frame. Approximately 80 days after entering the alleged contract with Ms. Ramirez, on March 28, 2005, you contacted Ms. Ramirez to request an extension. The fact that you have no pending legal action brought by Ms. Ramirez may suggest that Ms. Ramirez did not view the arrangement with you as a binding contract. We reiterate that neither party had a binding, enforceable contract. CONCLUSION Ms. Warren, we regret to inform you that success with your legal action is unlikely. There is a high chance you will be unsuccessful, should you purse a legal action against National Bank on the grounds of the tort of negligence. National Bank failed to remove the lien on your Lagoon Beach property, violating the duty of due care owed to you, and disrupting your ability to secure financing for your entrepreneurial endeavor. However, the question of law of whether there was a valid, enforceable contract between you and Ms. Ramirez, is the decisive issue. As our analysis has indicated, a court of law will most likely try the issue of whether there was a binding contract. Thus without the binding contract between you and Ms. Ramirez involving her offer for the hotel (Hotel California), a judge or jury in a court of law cannot rely on how much you would have paid to make a compensatory damages determination. In other words, because your action for damages is predicated on a contract between you and Ms. Ramirez, your damages cannot be established and you incurred no loss of opportunity. Without the loss of this opportunity cost, you have not suffered any injury due in part to National Bank’s negligence. RECOMMENDATIONS Ms. Warren, as Associate Partner of Legal Eagles, LLP, I oversaw the analysis of my legal team and validated their conclusions and findings. In light of the findings of our analysis, I foremost recommend that you consider the following course of action: * Please, do not pursue further legal action against National Bank regarding this cause of action and issue. It is my opinion and the opinion of Legal Eagles, LLP, that pursuing further legal action regarding this issue, considering our evaluation of your case, will result only in additional expense on your part including legal and attorney fees and your time. You will also not receive the resolution that you would like making the process inherently dissatisfying and frustrating. With this in mind, there is another course of action I do recommend. Because you have already attempted to resolve your issue with National Bank regarding the lien on your Lagoon Beach, Green property, you are entitled to contact the regulatory agency of your former bank. All national banks within the state of Green are regulated by different agencies. If National Bank’s lien remains on your property, I recommend you pursue this alternate course of action: * Contact the appropriate state of Green regulatory agency of your financial institution (National Bank) and file a complaint. Your bank’s regulatory agency can help you with your concerns and complaints. There are many regulatory agencies in the state of Green’s banking industry. For your convenience, the appropriate regulatory agency of your former bank, and its details have been listed: According to the Federal Financial Institutions Examinations Council (for additional information visit www.ffiec.gov), National Bank’s regulator is the Office of the Comptroller of the Currency (for additional information please visit www.helpwithmybank.gov). You can visit and reach this regulatory agency online or by phone at (800) 613-6743. The Office of the Comptroller will assist you in getting answers and solutions to your questions and concerns. You can also file complaints against your bank, here. If you decide to proceed with filing a complaint, officials from the Office of the Comptroller will contact National Bank on your behalf regarding your issue for a response. You will then receive a let ter summarizing the results. Those who have sought our legal advice and even had similar experiences as you with National Bank as well have reported that intervention by a regulatory agency expedited the process and liens were eventually removed. We are confident that you have the tools to resolve this issue. ——————————————– [ 1 ]. The elements of the prima facie case of the tort of negligence are duty, breach of duty, actual and proximate cause, and injury. [ 2 ]. COMMERCIAL ESCROW COMPANY AND JAMES DE MIK, APPELLANTS, v. ROCKPORT REBEL, INC., APPELLEE. 778 S.W.2d 532; 1989 Tex. App. LEXIS 2263 [ 3 ]. CAYETANO J. APABLASA, Appellant, v. MERRITT & COMPANY (a Corporation) et al., Respondents. 176 Cal. App. 2d 719; 1 Cal. Rptr. 500; 1959 Cal. App. LEXIS 1542 Analysis and Consequences of Legal Action(S). (2016, Mar 24). We have essays on the following topics that may be of interest to you