Wednesday, November 27, 2019
Supporting Big Bang essays
Supporting Big Bang essays Science has hypothesized that the universe was created by a big bang. By researching stars and fossil records scientists have claimed that the earth is much older than it is said to be in the creation theory. The creation theory says that the universe is only several thousand years old, but carbon dating has shown that fossils on earth are millions of years old thus disproving part of the creation theory with evidence. There is another reason scientists think that the creation theory is wrong. If the universe was a small ball of matter then outside of this small ball of matter was void. The creation theory says that the universe was created by a supreme being, but there is nowhere that this being could have come from. Other dimensions can only exist inside the universe. If there had been no universe then there is no where that this supreme being could have come from. ...
Saturday, November 23, 2019
To what extent can the tragedy of Eva Smith be blamed on the society in which she lived Essay Example
To what extent can the tragedy of Eva Smith be blamed on the society in which she lived Essay Example To what extent can the tragedy of Eva Smith be blamed on the society in which she lived Essay To what extent can the tragedy of Eva Smith be blamed on the society in which she lived Essay Essay Topic: Literature In this essay I will explain who I feel is most responsible for Eva Smiths death, by examining each characters contribution to the tragedy. I will also illustrate to what extent her death can be blamed on the society she lived in. In 1912 the society in which Eva Smith lived was very strict with a class system that split England up into wealthy and poor people with no classes dividing them. The sailing of the titanic was one of the feature points for that year. The navy was unchallenged and there were no help from the state to support the poor, no DHSS or NHS and the average life expectancy was around 46. There were advances in technology mass media being one, the developing of motorcars was introduced but only available for those who were rich enough to afford one. Trade unions had also started to gain power in the society, there were strikes from coal miners about work costs and conditions and the campaign for womens rights had begun. I will demonstrate what I think Mr Arthur Birling had to do with the death. He is a pompous, self-serving business man who seems to have a high opinion of himself. Mr Birling states for lower costs and higher prices. From this quote you can tell that all he is interested in is his business, money and himself and couldnt care less about anyone or anything. He also says I gather that there is a very good chance of knight hood this also tells us he is snobby and vain, and thinks his stature and class make him the best and his knighthood is what he really cares about. When the Inspector starts to ask him questions about Eva Smith he seems to remember her quite well and gives the Inspector a lot of information about her, he even said himself that she was a good worker. And was told by the leading operator in his factory that she was ready for promotion. He told the Inspector that it all started to go wrong for her when she came back from holiday in August, he said that her attitude had changed quite dramatically and she seemed rather restless within herself. Then out of no-where Eva and a group of girls asked Mr Birling for a pay rise of twelve and a half shillings, so that they could average twenty-five shillings a week. He had refused their demand and told them that it was a free country and if they wanted to go and work somewhere else they could. He basically was telling them they were sacked and to go and find another job. The women then decided to go on strike but as Mr Birling told us that the strike didnt last for long maybe a week or two, as they were all broke. At this time there were no work benefits so the workers had no help and just did what they were told to do. There was a class system and because the workers were lower class they had to respect their superiors i. e. their bosses. That was the last Mr Birling had seen or heard of Eva smith. I feel that Mr Birling is mainly to blame, as he had started a chain of reactions from sacking Eva. Sheila Birling. She is a pretty young girl in her early twenties; she is also well educated and has a rather pleasant and excited outlook on life. You can tell this from the beginning of the book, where the family are having dinner, Sheilas language and behaviour shows us that she was brought up in a high class way, the words she uses also state this like I should jolly well think not and she refers to her parents as mummy and daddy. Just from these two quotes it shows you that she has be taught proper English, she uses this throughout out the book. This also relates to class, as your upbringing depended on what class you where from. At first Sheila acts innocent and concerned as she is unaware of whom they are talking about. She thinks her dad is responsible for the girls death as he had taken her job away from her. Shelia is obviously concerned as she starts to ask the Inspector questions like what was she like, quite young? And when the Inspector tells her how old she was she asks the Inspector more questions like was she pretty? The name Eva Smith pops up again but still Sheila doesnt realise who it is, Sheila asks the Inspector what happened to the girl, after her Father had sacked her. The Inspector tells her that she had gone to work in a shop called Milwards a shop that Sheila had been going to of late. They carry on talking about Evas time at Milwards and then Sheila starts to realise that she might have met and had something to do with this girls death, so she asks the Inspector what she looked like. The Inspector took out a photograph from his pocket and showed it to Sheila, she noticed the face of this girl from one day at Milwards. Sheila then told the Inspector and the others what had happened between them. After Sheila tells the Inspector this she feels totally to blame and gets upset and if I could help her now I would this shows us that Sheila is sorry even though she is too late. But when the Inspector starts to ask more questions she then realises that her Father and her werent the only ones who had something to do with this girl. But out of all the characters she is the only person to show emotion towards Eva so I think that Sheila is still partly to blame but only due to her actions in Milwards. Now I will write about Gerald Croft, he is an attractive, well-bred chap about thirty and is the man-about-town. He met Eva when she had changed her name to Daisy Renton in the Stalls bar at the Palace Variety Theatre he said that I went down to the bar for a drink this shows he had no intentions of meeting anyone, only to have a nice quite drink he also claimed that Daisy looked young, fresh and charming and he saw that Alderman Meggarty had wedged her into a corner with his obscene fat carcass this girl had given him a look as though it was a cry for help, he decide to go and tell Alderman Meggarty that the manager had a message for him and him and girl then left. The night didnt end there though because they went onto the County Hotel a quieter place to drink, Eva didnt get drunk as it says she only had a port and lemonade which also shows that he never got her drunk and had no thought of to either. Heres where they arranged to meet again. Gerald allowed Daisy to survive a little longer. He was very generous to Daisy, providing her with enough money to survive and also free accommodation. Although he did eventually desert her, Daisy was prepared for this as their classes were very different Gerald was a wealthy upper class man and she was a lower class working women, in that time people were expected to know their place in society, so people from different classes were not allowed to get involved with each other as they would have been frowned upon by people in power due to the class system, and it was not as big a blow as her dismissal thanks to Sheila or the consequences of her later relationship with Eric. I believe that his initial intentions were good and he did not set out to have Daisy as his mistress, only wishing to free her from old Joe Meggarty A notorious womaniser. Gerald explains that after he had rescued her, he deliberately met Daisy a second time I discovered, not that night but Throughout this explanation Sheila seems relatively calm, considering the situation. She often adds sarcastic remarks such as Well we didnt think he meant Buckingham Palace. As already stated, I do not consider Gerald played a major part in Evas death but still contributed to it. When questioned by the Inspector, Mrs Sybil Birling immediately proclaims her innocence, denying she had anything to do with Eva Smith or Daisy Renton. The Inspector seems to carry out his duties in a most unusual manner and although the rest of the family seem quite aware of this, Mrs Birling seems totally unaware of his methods. Initially she is relaxed with an easy tone but after continual interruptions by Sheila with phrases like Mother, stop! she becomes very agitated wanting to prove her innocence. At one point she tries to intimidate the Inspector, in a similar manner to that of her husband, by commenting on the fact that they are upper class to get at the Inspector You know of course that my husband was Lord Mayor only two years ago this shows that she knows that she is going to have to explain what happened between her and Eva so she tries in every possible manner to o utwit the Inspector. Mrs Birling should have been less hasty in her judgement of Eva. Because she hadnt even met the girl and by giving her a second chance she could have saved the girls life. But Mrs Birling judged her on first impressions and I think that for a woman of her stature to do a thing like that is wrong. She should have know not to Judge a book by its cover but have at least talked to her before making a judgement on that note I think that this could have been the point that threw Eva over the edge and made her want to kill herself. Finally Eric, a man in his early twenties not a relaxed person half shy and half assertive. He is the person I believe to carry most of the blame; he could have been more honourable in many respects. (Like he could have ask her to marry him even though the class system wouldnt have allowed it, he shouldnt of stole money to give to her as this was the wrong way to give her some money, he shouldnt have got drunk and had a one night stand in the first place as this was frowned upon in the middle and upper classes. This was because the superiors thought that there shouldnt a mix in classes and they should be kept apart and to stay that way. When he comes in he knows that everybody knows about his relationship with Eva but still he asks who told his mother this and blames it on Sheila by saying you told her. Why you little sneak! This shows that he is trying to make out that what he had done with Eva had not come from his lips and so therefore wasnt one hundred percent true. I think that Eric is a sneaky person and the next quote shows this as his Father asks him where did you get fifty pounds from? This tells us that he had not told his Father about taking the money. He also thought that he could let Eva survive on the stolen money, but this soon changed when Eva found out and started to refuse it. When the Inspector questions him about the money he begins to try and cover his tracks as when the question you mean-you stole the money? gets asked he replies not really and tells the Inspector that he intended to pay it back This tells us that he has lied and is now trying to cover it up. Once everything about Erics and the others encounters with Eva had come out the Inspector decides to leave. Leaving them in a muddle blaming the girls death on each other. Although Eva was partly responsible for her own downfall, others were also to blame and to a certain extent, she was also a victim of circumstances in the society in which she lived. At the end of the day I cannot prove which character is most responsible for Eva Smiths death because they all have equally contributed to it. Arthur, Sheila, Gerald, Eric and Sybil are all as responsible as one another. Not at any point in Evas life did either of them take her feelings into consideration but continued to carry out their own lives, not caring for anyone except from themselves. In all Honesty I truly think that Mr Birling is the character to blame as if he never sacked Eva in the first place, then the chain of events that followed would have never happened and Eva would never have committed suicide. I feel that I have shown that everybody in the Birling household and Gerald Croft were partly to blame for Eva Smiths death. As well the society in which she lived plays a major part in her tragedy. I think that throughout the book the author is trying to put this idea across in his amazing portrayal of what could happen if we do not act as a community but as individuals. Her death was provoked by a chain of events that started with her getting sacked from two jobs then being deserted, used for sex, and then to be turned away from a helping charity. These events built up enough pressure to make her kill herself, as she did not have anything left to aim for, no job, money, turned away from help and no one to love. If Mr Birling hadnt of sacked her in the first place, then none of these other events would have happened.
Thursday, November 21, 2019
Functional Analysis Research Paper Example | Topics and Well Written Essays - 250 words
Functional Analysis - Research Paper Example and-use planners need to consider all aspects of land-use legislation, as well as the requirements of the population while developing plans for the new projects. Governments of different countries set different types of legislations for the use of land. Land-use planners should never overlook government policies because it can create problems at some point in future. Therefore, planners need to consider the legislations in order to develop acceptable land-use plans. Similarly, planners also need to study current requirements of the community in order to incorporate those requirements in the land-use plans. Planners should also design the physical layout of the community along with determining the scale of development allowed in different areas (Hunter, n.d.). Planners should also be able to understand future demands of the area around the land, which needs to be developed. The reason is that future may bring a need for change somewhere around the planned land in the form of infrastru ctural change or change in policies related to the use of land. Therefore, planners must be able to forecast those changes in order to develop such plans, which should meet both current and future demands of organizations and
Wednesday, November 20, 2019
Community Oriented Policing Program Research Paper
Community Oriented Policing Program - Research Paper Example Since the implementation of the community-oriented policing, there have been significant changes with the organization of policing in United States. The effectiveness of the community-oriented policing has been attributed to various factors. Community-oriented policing breaks down the barriers separating the community from the police, while at the same time instilling a wider set of community ideals to the police officers (Dempsey & Forst, 2010). Organizationally, community-oriented policing shifted the police policy making from a traditional officialdom to one that stresses on greater environmental-organizational association and coordination. Concurrently, the change to the use of community-oriented policing came along with the crushing of the police hierarchy and the establishment of the harmonized service delivery with a huge number of private and public agencies that impact on the neighborhood safety (Oliver, 2008). These factors have contributed to the effectiveness of community -oriented policing in the reduction of crime in the society.Engaging the CommunityCommunity-oriented policing has from its onset sought to involve the community in public safety matters while establishing and solidifying the ability of the society to fight crime. For example, Operation Weed and Seed stresses on generating an active and noticeable police incidence to impact distressed communities and at the same time do capacity building in the same communities to sustain the benefits once attained (Rogers, 2009).
Sunday, November 17, 2019
Criminal Sentencing Essay Example for Free
Criminal Sentencing Essay A basic question in criminal sentencing is ââ¬Å"What are the purposes of criminal sentencing?â⬠à Scholars, too, reflect on the purposes of punishment. There are commonly four identified purposes: Retribution. The oldest but considered the most important purpose for sentencing is retribution, that is, inflicting on an offender suffering comparable to that caused by the offense. An act of social vengeance, retribution is grounded in a view of society as a system of moral balance.à When criminality upsets this balance, punishment exacted in comparable measure restores the moral order, as suggested in the biblical dictum ââ¬Å"An eye for an eye. â⬠While contemporary critics of retribution sometimes charge that this policy lacks the force to reform the offender, it still remains a strong justification for punishment. A second purpose for sentencing, deterrence amounts to the attempt to discourage criminality through punishment.à Initially, deterrence arose as the banner of reformers seeking to end what they saw as excessive punishments based on retribution.à Critics asked, ââ¬Å"Why put someone to death for stealing if that crime could be discouraged with a prison sentence?â⬠à As the concept of deterrence in sentencing gained widespread acceptance, execution and physical mutilation of criminals were gradually replaced by milder forms of punishment such as imprisonment. à à à à à à à à à à à à à à à à à à à à à à There are two types of deterrence, specific deterrence demonstrates to the à individual offender that crime does not pay while in general deterrence, theà punishment of one person serves as an example to others. Rehabilitation. The third purpose for sentencing, rehabilitation, involves reforming the offender to preclude subsequent offenses.à It resembles deterrence by motivating the offender to conform.à But rehabilitation emphasizes constructive improvement while deterrence and retribution make the offender suffer.à In addition, while retribution demands that the punishment fit the crime, rehabilitation focuses on the distinctive problems of each offender.à Thus identical offenses would call for similar acts of retribution but different programs of rehabilitation. Social protection. A final purpose for sentencing is social protection, or rendering an offender incapable of further offenses either temporarily through incarceration or permanently by execution. Like deterrence, social protection is a rational approach to punishment and seeks to protect society from crime. à à à à à à à à à à à à à à à The different forms of sentencing used in different jurisdictions include institutional sanctionsââ¬âtime to be served in prison or jail; and noninstitutional sanctionsââ¬âfines and forfeiture of the proceeds of crime, and service of the sentence in the community in the form of probation or parole. Recently the arsenal of punishments has been considerably enlarged by the creation of mixed sanctions and alternatives to either institutional or noninstitutional sanctions. The following are the variety of options for sentencing: Death penalty. In thirty-six states (as well as the federal courts), courts may impose a sentence of death for any offense designated a capital crime, for example, first-degree murder. Incarceration. The defendant may be sentenced to serve a term in a local jail, state prison, or federal prison. Probation. The defendant may be sentenced to a period of probationary supervision à à à à à à à à à à à à à à à within the community. Split sentence. A judge may split the sentence between a period of incarceration and a period of probation. Restitution. An offender may be required to provide financial reimbursement to cover the cost of a victimââ¬â¢s losses. Community service. An offender may be required to spend a period of time performing public service work. Fine. An offender may be required to pay a certain sum of money as a penalty and/or as an alternative to or in conjunction with incarceration. This leads us to the next question, ââ¬Å"What are some reforms that have been proposed? A recent reform growing out of the victimsââ¬â¢ rights movement in the sentencing process is the consideration of statements by the victim, known as ââ¬Å"victim impact statementsâ⬠(VIS). Twenty-six states have mandated the use of VIS in criminal cases, while another twenty-two states have adopted so-called ââ¬Å"victim bills of rightsâ⬠that include recognition of the right of a victim to present a VIS. In the VIS, the victim provides a statement about the extent of economic, physical, or psychological harm suffered as a result of the victimization. The victim also can make a recommendation about the type of sentence an offender should receive. Usually the VIS is incorporated into the pre-sentence investigation report written by the probation officer. Research has revealed that a judgeââ¬â¢s choice of a sentence is influenced much more by legal considerations than by victim preferences in cases where VIS has been presented (McGarrell, 1999). The third reform proposal is ââ¬Å"restorative justice.â⬠Restorative justice has been a feature of justice systems for a long time, though it was little used until a group of criminologists in the United States and the Commonwealth countries brought the idea back to life. The term restorative justice was virtually unknown a decade ago, and it is still in search of a commonly accepted meaning. Yet, the literature related to this subject has grown rapidly, so that we venture to define it in terms offered by Howard Zehr, published in a symposium of The Justice Professional, entitled ââ¬Å"Criminology as Peacemaking.â⬠Zehr provides contrasting paradigms between the traditional, retributive sense of justice and the newly emerging (or reemerging) restorative sense of justice. à à à à à à à à à à à If the proposed reform of restorative justice were adopted, where would that leave us with respect to the traditional ââ¬Å"aimsâ⬠or ââ¬Å"justificationsâ⬠of criminal justice? As to retribution (or just desserts), we would still be limited to never imposing an obligation (sanction) that outweighs the harm done. As to incapacitation, even the staunchest advocates of restorative justice recognize that some offenders are far too dangerous to be returned to the community and that their separation from the community is necessary. But the prison population could be vastly reduced. As to resocialization or rehabilitation, the very idea is built into restorative justice, which aims at à à restoring the community. Some of the current issues in federal sentencing according to the U.S. Sentencing Commission at https://www.ussc.gov. are the following: The issue on the amendment pertaining to offenses involving cocaine base (crack) and the amendment pertaining to certain criminal history rules, see 72 FR 28558 (May à 21, 2007); 72 FR 51882 (September 11, 2007), should be applied retroactively to previously sentenced defendants. The issue of the Judicial Conference of the United States, the and the United States Sentencing Commission has decided to establish a standing victimââ¬â¢s advisory group pursuant to à 28 U.S.C. à § 995 and Rule 5.4 of the Commissionââ¬â¢s Rules of Practice and Procedure. It was stated that the purpose of the advisory group is (1) to assist the Commission in carrying out its statutory responsibilities under 28 U.S.C. à § 994(o); (2) to provide the Commission its views on the Commissionââ¬â¢s activities as they relate to victims of crime; (3) to à disseminate information regarding sentencing issues to organizations represented by the à à advisory group and to other victims of crime and victims advocacy groups, as appropriate; and (4) to perform any other functions related to victims of crime as the Commission requests. The victimsââ¬â¢ advisory group will consist of not more than 9 members, each of whom may serve not more than two consecutive 3-year terms. The issue on New Yorks Rockefeller laws to curb the drug trade ââ¬â which directly contributed to a dramatic increase in the states prison population costing the state millions of dollars, but failing to impact drug trafficking. According to a New York à Times editorial, ââ¬Å"New York has made incremental changes to the Rockefeller laws in recent years, but has stopped short of restoring judicial discretion.â⬠A governor-appointed commission charged with studying state sentencing practices, however, has produced a report calling for the end of ââ¬Å"indeterminate sentencingâ⬠ââ¬â the process by which a judge imposes a minimum and a maximum sentence and the Parole Board decides when to release an offender. It further suggests that nonviolent offenders be considered for community-based treatment instead of prison. Finally, Gov. Elliot Spitzers commission recommends restoring prison-based educational and training programs as a means of helping to lower recidivism rates. The website of the Sentencing Project at http://www.sentencingproject.org. mission is to promote reforms in sentencing law and practice, and alternatives to incarceration through their advocacy and research. Moreover, the Sentencing Project provides defense lawyers with sentencing advocacy training and to reduce the reliance on incarceration. Hence, the Sentencing Project has become the leader in the effort to bring national attention to disturbing trends and inequities in the criminal justice system with a successful formula that includes the publication of groundbreaking research, aggressive media campaigns and strategic advocacy for policy reform. As a result of The Sentencing Projects research, publications and advocacy, many people know that this country is the worlds leader in incarceration, that one in three young black men is under control of the criminal justice system, that five million Americans cant vote because of felony convictions, and that thousands of women and children have lost welfare, education and housing benefits as the result of convictions for minor drug offenses.à Thus, the Sentencing Project is dedicated to changing the way Americans think about crime and punishment which coincide with the interests of the National Association of Sentencing Advocates. References à à à à à à à à à à à McGarrell, E.F. Restorative Justice Conferences.à Indianapolis, IN: Hudson Institute, 1999; Edmund F. McGarrell, ââ¬Å"Cutting Crime through Police-Citizen Cooperation,â⬠American Outlook, Spring 1998, pp. 65ââ¬â67. The Sentencing Project at http://www.sentencingproject.org. U.S. Sentencing Commission Available at https://www.ussc.gov. Zehr, H. à ââ¬Å"Justice as Restoration, Justice as Respect,â⬠The Justice Professional 11, à à à nos. 1ââ¬â2 (1998), pp. 71ââ¬â87.
Friday, November 15, 2019
Organ Transplant Essay -- Health, Diseases, Organ Donation
An organ transplant is a surgical operation conducted to replace an organ unable to function properly with a new one. An organ, in turn, is an accumulation of cells and tissues gathered to perform the functions of body. Therefore, any part of the body which acts as a performer of specific function is called an organ. There are two possible ways of how the organ donation (OD) can take place. The first is the donation of cadaveric organs (organs from recently deceased people). The decision to donate in this way requires the consent of a person in the form of an indication on the driver license, like in the USA (Gruessner, Benedetti, 2008, 54) or health care document as an organ donor card, in Netherlands, Sweden, Ireland, for example (Hareyan, 2007). The second option is the organ donation from the living person. This usually occurs in regard to the close people who need an organ, but also takes place in regard to strangers. Although procedure of organ donation developed rapidly in the recent half a century, it can hardly be claimed good enough to manage supply and demand, well-organized and perfect (World Health Organization, 2010). The dramatic character of the situation can be revealed in the statistics of the waiting list for organs, for example kidney. To understand whether the mismatch of supply and demand for organs have sharpened over time, it would be useful to look at the state of affairs in a particular region, such as EU, for instance. There was a significant increase in the demand for kidney in the EU: from 1980s with just above 2000 candidates to 11082 in 2008. Meanwhile, the amount of transplants which have taken place also increased, but not so profoundly: from 1000 (only from deceased donors) to 4000 (from living an... ... organs can be injected in human body to perform the functions of human bodyââ¬â¢s organ. But there is a critique to this option as there is no guarantee that artificial organs can be an effective substitute the human organs and there is a probability of the next operations which will be needed to normalize the body condition and to reduce the possible rejection (ibid). Nonetheless, if there is even no trial on how to improve the state of affairs, there is a low chance on progress and future success in this sphere. Consequently, the practice of new methods of treatment can ensure the needed effects and identify possible problems, which then, can be avoided in the real operations. The work of the specialists in the Center for Bioethics might demonstrate that there can be several ways of how to increase organ donation rates to diminish current weaknesses in this sphere.
Tuesday, November 12, 2019
Law of Carriage by Rail Essay
1) a) Explain how the making of the contract between the consignor and the railway station can exist? The contract between the consignor and the railway company will existing when the railway company has accepted the goods for carriage from the consignor and together with the consignment note make by consignor. The acceptance will be established with the consignment note and will be stamp of the forwarding station. The consignment note is made by the consignor with three copy, each copy for each carriage freight, and the content of the consignment note are correspond with all the terms and condition that was agreed by the Rules. When the consignment note had been made by the consignor and was being stamped by the forwarding station, the consignment note will be an evidence of the making contract between the consignor and the railway station or forwarding station, the content that stated in the consignment shall be correspond or exactly same with the consignor with railway station previously agreed. The responsible of the consignor is extraordinary of the consignment note, which may in accordance with the agreement between consignor and the railway company. In the consignment note was related to the goods such as quantity of the goods or to the amount of packages shall only be evidence against the railway when it had been verified by the railway to regulate that is not any deviation with the particular of the consignment note and has be certified in the consignment note. If that was any necessary these particulars may be verified by other means or it was obvious that there is no actual insufficiency corresponding to the discrepancy between the quantity or amount of packages and the particulars in the consignment note, the latter shall not be evidence alongside the railway. This shall apply in particular when the carriage is handed over to the consignee with the original stamps complete. After the railway company has verified the goods, and they shall to certify a receipt that include the date of acceptance of the carriage and stamped on the consignment note before it was duplicated to the consignor. The railway shall declare acceptance of the goods and the date of acceptance for carriage by assigning the date stamp to or else making the entry on the duplicate of the consignment note before compensating the duplicate to the consignor. The duplicate will not have influence as the consignment note complementary the goods, nor as a bill of lading. Grand Trunk Railway Co. of Canada v. McMillan [1889] In this case is the Grand Trunk Railway Company of Canada as defendant and Robert McMillan as plaintiff. The fact in the case is the railway company have the contract with Robert McMillan, which is a contact for carriage of the goods and it was go beyond of the station of line. The railway company undertakes to carry goods to a point beyond the station of its own line its contract is for carriage of the goods over the whole transit. However the other companies which over of the line they must pass are merely agents of the contracting company for such carriage, and it was in no private of contract with the transporter. In addition, such a contract being one which a railway company may refuse to enter into the contact, it is because of according to section 104 of the Railway Act it does not prevent from restrict the liability for negligence as carriers or else in respect to the goods to be carried after they had gone from its own line. Moreover, inside the contract have a condition from the Grand Trunk Railway Company (defendants), it was stated, they carry the goods form Toronto to Portage la Prairie, Man., it was a place that beyond the station of their line, and the company shall not be responsible for any loss, damage or delay and detention that may happen to goods sent by them. If that has be happen (loss, damage or delay and detention) after said the goods had arrived at the stations or places on their line nearest to the points or places which they were committed to or beyond their held limits. Furthermore for the condition of the contract is provided that no claim for loss, damage, delay or detention of goods should be allowed unless notice in writing with particulars and it was given to the station agent at or nearby to the place of delivery within thirty-six hours after delivery of the goods in order to the claim that was made. The held in this case is because of the condition are not relieve with the company from the liability for the loss and damage that happened during the goods in transit, even if the loss, damage, delay or detention had happened beyond the limits of the company in that own line. As well as the loss having occurred after the transit was over, and the goods delivered at Portage la Prairie, and the liability of the company as carriers having ceased, this condition reduced the contract to one of mere bailment as soon as the goods were delivered, and also exempted the company from liability as warehousemen, and the goods were from that time in keeping of the company on whose line Portage la Prairie was place and it was as an bailees for the goods. That a plea setting up non-compliance with this condition having been demurred to, and the plaintiff not having appealed against a judgment over-ruling the demurrer, the question as to the sufficiency in law of the defense was res judicata. Likewise for the part of the consignment having been lost such notice should have been given in respect to the same within thirty-six hours after the delivery of the goods which arrived in safety. Finally it was be an action against the Grand Trunk Railway Co. and the Canadian Pacific Railway Company jointly for damages caused by injury to the plaintiffââ¬â¢s goods that carry on the Grand Trunk for carriage of goods from Toronto to Manitoba. The goods were only carried by the Grand Trunk over a portion of the route and by the Canadian Pacific from Winnipeg to the place of consignment, and they were in the actual ownership of the latter company when injured. And because of the damage to the goods was not disputed, but the defendants claimed that they were carried under a special contract, by the terms of which they were relieved from liability. b) Briefly explain the party that have the liability to be liable under the carriage by rail? The rail carrier has the liability to be liable for the loss, damage or any delay of the goods that who was under CMR. According to Article 55 is provided that the railways may bring an action to forwarding railway. That is for claim against the railways company due to arising of loss, damage or delay of the goods, and is an action that for reclamation of totality of funded under the contact of carriage of goods might be taken against the railways which have composed that totality or against to railways on behalf it was collected. Based on Article of 54, that is the action against the railways might be brought by the consignor. If any happen action arising from the contact of carriage of goods, the action might brought by consignor until the consignee was take a proprietorship of the consignment note, accepted the goods from the consignor, or declared he has the right to deliver the goods. Or the action against the railways also can brought by the consignee, when the consignee are take a possession of the consignment note, accepted the goods, declared his right or he had been provided that he has the right of action that shall be quenched from the time when a person was entitled by the consignee. However, if they might brought an action against the railways, consignor shall to produce the duplicate of the consignment note, because that will be an evidence that he produce an authorisation from the consignee or deliver resistant that the consignee has refused to accept the consignment note, or the consignee shall to produce the consignment note if it has been furnished terminated to him. In addition, that Article of 36 that is the extent of the liability. The railways has a number of exclusion from the liability. In fact the railways shall to be liable for the loss, damage or delay of the goods, and occasioning from the total or some of the partial of loss, damage or delay from the consignor or between the time that had acceptance for carried out the goods loading and the time delivery and inherent vice of the goods such as defective packaging, decay of the goods or wastage. The railway company shall be relieved of such liability when the loss, damage or delays or the goods that had carried, due by the cause of fault on part of the person entitled, or by the person that entitled other than as result of a fault on the part of the railway which the railway could not avoided and which is unable to prevent the consequence. For instance, under the agreement between the consignor and the railway in the consignment note, the goods should be under the condition that applicable that had been stated in consignment note, any absence or lack of the filler of the good which by their nature shall be liable to loss or damage when the goods was not packed or not be properly packed, or defective loading that had been carried by the consignor, any irregular, incorrect or any incomplete description of the article not been acceptable for carriage or acceptable matter to conditions or failure on part of the consignor to observe the prescribed protections in respect of article acceptable matter to conditions, or the carriage of the live animal and what stated in the consignment note must be accompanied by any attendant, if the loss, damage or delay of the goods had been resulted in the risk of the attendant was intended to obviate, all the circumstance, the railway shall be relieved of the liability when it was cause in resulted in loss, damage or delay of the goods. For example in the case of Mitsubishi Heavy Industries Ltd. v. Canadian National Railway Co., Rainbow Industrial Caterers Ltd. v. Canadian National Railway Co., [1991], see as well the case of Grand Trunk Railway Co. of Canada v. McMillan [1889]. Mitsubishi Heavy Industries Ltd. v. Canadian National Railway Co. In this case the Mitsubishi Heavy Industries Ltd is the plaintiff and Canadian National Railway Company is the defendant in the cases. The fact in the case was as an import of a train derailment cargo owned by the plaintiff was severely damaged. The cargo was being accepted under a ââ¬Å"Master Transportation Agreementâ⬠between the plaintiff and Fujitrans as a freight forwarder. The goods made in Japan and were carried by sea to Vancouver where it was discharged for further carriage to Ontario by rail. Furthermore, the defendant rail carrier assumed, pursuant to Section 137(1) of the Canada Transportation Act, S.C. 1996 and an agreement between Casco, another freight forwarder, that it was entitled to limit its liability to $50,000. However the rail carrier was entitled to limit his liability. The held in the case is which is the right of the defendant as a rail carrier to limit its liability depends on it establishing the existence of a ââ¬Å"confidential contractâ⬠under ss. 126 and 137 of the Canada Transportation Act that is a ââ¬Å"written agreement signed by the shipperâ⬠and that contains a limitation of liability. The ââ¬Å"shipperâ⬠within the meaning of the Canada Transportation Act in the circumstances of this case was Casco not the plaintiff. In addition, the requirement of a ââ¬Å"signedâ⬠copy of the agreement does not necessarily require that an actual contracted copy be produced. In this case, the existence of signed consignment of the agreement was sufficient. The plaintiff impliedly or expressly agreed to and authorized the subcontracting by Fujitrans to Casco and by Casco to the rail carrier. Moreover, the plaintiff had express awareness of the terms of the agreement between Casco and the rail carrier. Accordingly, the plaintiff is guaranteed by the limitation even without any private of contract between it and the rail carrier. Rainbow Industrial Caterers Ltd. v. Canadian National Railway Co., [1991] In this case the Rainbow Industrial Caterers Ltd as an appellant however Canadian National Railway Company as a defendant in the cases. The fact in the cases is actually they have two different industrial caterers, both of them is from Albert and in BC, and they was joined and administer as one entity that called as ââ¬Å"Rainbowâ⬠. Canadian National Railway Company decided to call for tender for the catering of the meals and service for all the work of crews on a nation-wide basis for the good weather work period in 1985. It had estimated that 1,092,500 meals that will be required. Canadian National Railway Company was notified to Rainbow that the meals are total expected to be 85% of the values listed in the tender document, after the Rainbow was made the bids at $4.94 per meal. It was caused the Rainbow was to increase its bid to $5.02 per meals. As a result that the Rainbow was accumulate that it was losses month by month, because of the number that the meals required was very less than the number given as by the Canadian National Railway Company, and it was caused the Rainbow lost about $1,000,000 on the contact and sued to Canadian National Railway Company. Rainbow was brought an action in tort on the basis of negligent misstatement and misrepresentation in the contact. It is mean that was a breach of the contact and negligent misstatement. The held in the cases is the appellant is looking for the damages in an action for the negligent of misrepresentation is entitled to be put in the position, which if the misrepresentation had not been made. Thus, in tort of action the object is to put the appellant in the position that would have been in if the tort had not been committed. The position would have been is a matter that the appellant must to establish on a balance of the probabilities. However the Canadian National Railway Company was argue that the much of the losses was not caused by the negligent misrepresentation and would have been suffered even had the estimated was accurate. Canadian National Railway Company position is that the losses caused by the conduct that cannot be recoverable in the misrepresentation claim. But, the Canadian National Railway Company is bore the burden of proving the Rainbow would have a bid even if the estimate had been accurate. That was not being proved and it is taken as a fact that the Rainbow would not have to contract had the estimate been accurate. The conduct would not have occurred if there had been no contracted and these losses are causally and directly connected to the contract and the contact is causally connected to the negligent misrepresentation. Finally, this damage was foreseeable and there are not remote. The court was not satisfied that the Rainbow would have entered into the contract in the absence of the misrepresentation, so the damages claimed by the Rainbow were predictable. Furthermore the appellant may compete that all its losses on the contract were caused by the negligent misrepresentation but if it is shown that the loss was caused by factors other than the misrepresentation, and then the chain of causation is broken down. Generally, the plaintiff establishes a prima facie case by proving losses resulting from the contract. But the defendant may demonstrate that the chain of causation was broken by. For instance that the appellant was acts in own, the acts of third parties, or other factors disparate to the circuitous misrepresentation. Tort responsibility is based on mistake, and losses not caused by the defendantââ¬â¢s fault cannot be charged to it. It is for the appellant in constricting to make appropriate allowance for contingency such as conditions. The plaintiff may also have claim against third parties who cause it loss. To strengthen, the plaintiffsââ¬â¢ losses may have been caused by the respondent in negligent misrepresentation, or other wrongful acts or omissions of the respondent, whether in negligence or breach of contract and the plaintiffsââ¬â¢ acts or errors, the acts of third parties, factors unrelated to the faulted either the plaintiffs or the defendant. Trial judge wrongly held that all the appellant contract losses must be certified to and made no findings with respect to the other potential, in spite of the fact that the defendant Canadian National Railway Company led verification on them. These findings must be made if fairness is to be done.
Sunday, November 10, 2019
Virginia vs. Massachusetts
Shayma Hammad History 1301, Monday Wednesday 11:00-12:20 Dr. Snaples December 3rd, 2012 Debate Paper This essay explains and shows the differences between the Virginia colony and the Massachusetts colony. People all over Europe started coming down to the ââ¬Å"new worldâ⬠(America), they came to the new world for many reasons such as land, food, religion and much more. Before I start to contrast between the 2 colonies Iââ¬â¢m going to give a general background on them. Massachusetts was established in 1620 and Virginia was established in 1607.Virginiaââ¬â¢s colony was Jamestown and Massachusetts was Salem and Boston. Virginia was located in the southern colony, it also offered land. Tobacco was a profitable crop, so John Rolfe took seeds and planted them in Virginia; because of this Virginia became an economic purpose. Virginia settled by men so Virginia dies out and this caused women to immigrate. Virginia was not a religious country and people ran away from Virginia bec ause they were in debt and did not want to be a servant. The society in Virginia compared to Massachusetts are very different.Virginia economics were based on a cash crop industry. The London Company bought Virginia they believed that there were metals in America so they sent a group of settlers to Jamestown. In 1619 the House of Burgesses was formed, which made Virginia a strong democracy. Jamestown became the first English colony. Later on the colony began to collapse due to disease and starvation but they expanded their colony with the arrival of tobacco, slaves and servants. Massachusetts established religious purpose: Puritans and separatists.Since the puritans were really religious people in Massachusetts had to attend church, and some of the people were tied to a religion that they may not agree with. It is based on the Puritan worship and religion Satan and the Catholic Church was the worst for puritans. The Puritans established Harvard University they loved education. Relig ion was much less significant in Virginia unlike in Massachusetts. The puritans believed that science is religion because it explains God. They also believed that God does not like poor people and they did not like handicapped people.Massachusetts also brings family; unlike Virginia who brought only men at first. Massachusetts also didnââ¬â¢t spread out like Virginia did. Massachusetts was a self governing colony Virginia and Massachusetts did not provide freedom for their people. The puritans in Massachusetts expected their people to follow their beliefs and they were very strict on you, even though Virginia was not a religious colony you still did not have freedom because you were either going to be a servant or a slave. The life expectancy in Massachusetts was much better than Virginia because in Virginia a lot of people died and suffered from diseases and salvation.
Friday, November 8, 2019
Enlightened Despots essays
Enlightened Despots essays Why do you think Joseph II of Austria, Catherine II of Russia and Frederick II of Prussia earned the title of Enlightened Despots? Joseph II of Austria, Catherine II of Russia, and Frederic II of Prussia all made reforms and changes that were ideas of the Enlightenment. They all wanted to further their country and increase the peoples rights. They were called Enlightened Despots and were rulers who tried to justify their absolute rule by getting the peoples interest. They did this through good laws, fair taxes, improving society, and overall promoting human happiness. Philosophers like Voltaire encouraged and even instructed these enlightened despots. Voltaire believed change had to come from above, the monarchs, and not from the people. The enlightened rules of Prussia, Russia, and Austria were able to combine their need for an effective monarch with the need for economic, educational, and social reform. Some of the most noted enlightened despots were Joseph II of Austria, Catherine II of Russia, and Frederick the Great of Prussia. Frederick the Great was King of Prussia and invited Voltaire to his court to find knowledge about how to rule his people in Enlightened ways. Frederick made many social reforms that were toward Enlightenment ideals. He did away with the torture system of accused criminals. He improved the educational system and provided education to most everybody. Education was a major idea in the Enlightenment and was supposed to be observed. Toleration and freedom of religion were very important. Voltaire was especially strong in his position about freedom of religion and toleration. He wrote many books about it, like Candide. Frederick allowed his subjects to believe in whatever religion they desired. Frederick promoted industry, agriculture, and commerce. With the assistance of French experts, he reorganized the system of indirect taxes, which soon provided the state with more revenue ...
Tuesday, November 5, 2019
7 Proven Ways to Manage Stress at Work
7 Proven Ways to Manage Stress at Work Stress. I have it, you have it, we all keep sending it around and around like that nasty cold everyone in your office got last month. Stress is one of the biggest culprits in workplace dissatisfaction- and more than that, it takes its toll on your health and well-being. Who needs that? Here are seven ways to counteract some of the stress that pops up in your everyday life. Treat YourselfSure, a Rolex would be nice, but not terribly feasible for most of us. You know what you can do instead? Take half an hour to treat yourself to a latte. Block out an evening to go see that movie youââ¬â¢ve been eyeing for weeks. Anything that breaks the routine and lets you do something you enjoy works here.DIY AromatherapyStudies have shown that fruit scents (especially green apple) can lessen pain in migraine sufferers. Fruits like apples and citrus are great for calming nerves. Also, herbal scents like peppermint, eucalyptus, rosemary, and lavender often have calming, anti-depressant effects. If your local farmerââ¬â¢s market isnââ¬â¢t in season (or if youââ¬â¢d feel weird skulking around the produce section of your local grocery store, sniffing everything in sight), a nice candle and a few quick moments of deep breathing can help get you back to your happy place when things are hairy.Beach StaycationYouââ¬â¢re on a calm, sandy beach, watching the waves. Is that a dolphin frolicking in the distance? Some gentle gull calls in the distance? Watching something repetitive like waves can help your brain zone out and decompress. The tropical vacation may not be an option right now, but you can find some good temporary (and indoor solutions).Find a Leafy FriendDid you ever do that science experiment when you were a kid, where you see whether plants grow better when theyââ¬â¢re talked to? Well, regardless of whether the plant does better, having a plant on your desk can help you de-stress at work. Studies have shown that adding some greenery can lower oneââ¬â¢s b lood pressure. Plus, the occasional care (watering pruning, shifting to a sunbeam) gives you a welcome distraction from the daily grind. And itââ¬â¢s a great option if youââ¬â¢re allergic to cuddlier stress-busters like pets.Pick up a Coloring BookYou may have noticed this whole ââ¬Å"adult coloring bookâ⬠trend lately. Publishers are coming out with all sorts of coloring formats for grownups, busting the conventional wisdom that coloring is a kidsââ¬â¢ game. Coloring is great for the adult brain tooâ⬠¦repetitive motions and patterns let the brain decompress.Massage Your EarsOkay, I know this one sounds weird. But massaging your ears for a minute or two releases endorphins throughout your body and promotes relaxation throughout.Cute Animal VideosIf all else fails, I dare you to stay stressed and unhappy while watching videos of adorable animals doing adorable things. YouTube is the cute animal video capital of the world, and is always great for a two minute pick-m e-up when youââ¬â¢re having a rough day.
Sunday, November 3, 2019
Explain why,and how,an English-based Creole is being promoted in any Essay
Explain why,and how,an English-based Creole is being promoted in any one country - Essay Example Consequently, an individualââ¬â¢s language also undergoes the interactions with other languages existing in his surroundings and such interactions between the languages result into the structuring of a new form of language, called Pidgin that the individuals of different languages can use at their own conveniences. Such Amenities and conveniences that a Pidgin provides its speakers evolves from the amalgamation of the convenient forms and contents of both of the languages (Kachru & Nelson, 2006). Indeed a Pidgin exists to serve a particular set of purposes such as economic, political, social, religious, etc. When along the passage of social transformation a Pidgin or a set of varied Pidgins is widely used by the people of a country, a Creole happens to exist in the form of a stable language with particular grammatical rules and norms. So it is difficult to distinct the separate existence of a Creole along the Pidgin-Creole continuum (Bickerton, 1975). This paper aims to substantia te the development of a Creole in a country, particularly in Jamaica. Various linguists have defined Creole in different ways. The commonalities of these is that all of them consider a Creole as a stable language with a set of grammatical norms and rules that evolve from its prior form, Pidgin, whereas the later serves as a lingua franca used by several linguistic communities for a particular purpose. Pidgin and Creole are often described as ââ¬Å"trade languageâ⬠and ââ¬Å"contact languageâ⬠and necessarily a Creole originates from a Pidgin. As Foy (2007) says in this regard, A Creole language is usually described as the descendant of a pidgin language and created when a pidgin language acquires native speakers and develops into a mother tongue, hence the popular assertion that a Creole language is any language with a pidgin in its ancestry (p. 9). An overall analysis of the development of a Pidgin and therefore, a Creole in any region is bound to reveal
Friday, November 1, 2019
What does it mean to say a school is doing well Essay
What does it mean to say a school is doing well - Essay Example The awareness and importance of laws and regulations to be followed can only be developed in the early learning phases; hence, it is unjustified to ignore these important areas in the core policy making of educational systems (Eisner 2001). The rationalization of education system is the concept, which according to the research and my personal opinion, forms the basis of a powerful and knowledgeable future generation. The rationalization approach mainly focuses on the consequences of any educational activity. The future or goal oriented approach to education is simply a move towards a better learning environment and future outcomes. The use of the standard educational system cannot be classified as completely irrelevant to the future development or useless but the rationalized system obviously tends to be more fruitful. The goal oriented approach to education leads to a better system where education is seen as a ways of achieving goals. The schools need to be provided with clear under standing of what is expected of them rather than what is expected of the students in the future. The clear indication of the outcomes of the system, policies and instructions simply direct a person, an institution or a system towards a known goal. The achievement of those goals also motivates the people involved and help in maintaining the pace of achievements in the future. The rationalization approach is not a generalized assumption of achieving goals, but it rather provides a target-setting approach which helps in the measurement of the outcomes achieved (Eisner 2006). The targets in the educational system need to be realistic and measurable. However, the...Nowadays, the educational systems are criticized for the lack of coherency, completeness and measurability of the outcomes. This paper aims to support a reform in terms of educational systems and supports the rationalization of educational system to increase the credibility of the learnt concepts and their practical advantages being enjoyed by the larger society. It would revolve around the basic concepts that a school really requires so that it can be said that it is going well (Eisner 2001; Karen 2006). The educational systems are basically aimed at providing conceptual and theoretical knowledge to the students. These students are hence, equipped with theories, knowledge and power to use that knowledge. But this only what we expect of the educational environments and systems. The reality, however, is sometimes different. The lack of supervision on the students and the educational institutes give rise to newer and more complex problems. The students are often found to be guilty of breaking the rules of the school like rules on plagiarism, attendance, assignment submission, copying, bribery and so on. Those these appear to be a few general issues yet the implications of these issues are devastating. The recommendations of standardized testing and rationality should be analyzed as they do not form a part of the performance of school.
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