Gaius Cassius Longinu Part in the Assissination of Julius...

Cassius, full name Gaius Cassius Longinus, was recalled as a good soldier with a terrible temper and in politics, irrational and drowned by vanity. In his time he was a Roman senator, also known by his part-taking in the assassination of Julius Caesar. In his early years, he studied philosophy under Archelaus, and was fluent in Greek. His wife, Junia Tertia was the half-sister of co-conspirator Brutus. Cassius served under Crassus, He took part in saving Remnants of the Roman army against the Parthians and even repelled attacks from the Parthians on Syria. Through this, it is easy to tell that Cassius must have been a successful military leader. Too bad his choices in military didn’t rub off on his morales, he was being tried for extortion in Syria but the civil war dispute between Julius Caesar and the Optimates saved him from being imprisoned. Further use of his brilliant military strategy lead him to becoming Julius Caesars’ legate. This leading further into his ‘friendship’ with Julius. Year forty-four and Cassius’ success continued to climb, he had become praetor peregrinus, and elected magistrate, he was promised the governorship of Syria. While Cassius was given praetor peregrinus, Julius appointed Marcus Brutus as praetor urbanus, a less prestigious position. This greatly angered Brutus leading him to become one of the most active conspirators in the assassination of Julius Caesar. Caesar says this of Cassius, â€Å"He reads much; he is a great observer and he

The Harlem Renaissance- a Black Cultural Revolution

The Harlem Renaissance- A Black Cultural Revolution James Weldon Johnson once said that Harlem is indeed the great Mecca for the sight-seer; the pleasure seeker, the curious, the adventurous, the enterprising, the ambitious and the talented of the whole Negro world.(Harlem Renaissance) When one thinks of the Harlem Renaissance, one thinks of the great explosion of creativity bursting from the talented minds of African-Americans in the 1920s. Although principally thought of as an African-American literary movement, the Harlem Renaissances influence extended through every form of culture: art, dance, music, theatre, literature, history, and politics. Along with the great contribution this period made towards art and entertainment,†¦show more content†¦Another criticism of the Harlem Renaissance is that the movement reflected the beliefs of only the middle class, intellectual African Americans, otherwise known as the black bourgeoisie. Many critics believe that the goal of socially uplifting the entire black population was mi scalculated. Where the legacy of the Harlem Renaissance remains a profoundly romantic one for the black bourgeoisie, on the streets, where the great majority of black culture is made, its echoes are only faintly heard.(Stuart 3) Therefore, the criticism made of the Harlem Renaissance shares the belief that it was a hypocritical movement that served the interests of only the middle class of Black society. Despite the fact that most Harlem intellectuals did not reject the values of White, European society and relied heavily on mainstream, national publishers, it was not their goal to create an alienated culture totally unrelated to that of the White American. The Harlem Renaissances goal was to create a distinct African-American culture that could be assembled into a vast American culture. Called ‘New Negroes, they sought to chisel out a unique, African-centered culture for blacks and to improve race relations while maintaining a distinct cultural identity. (African American Lit erature: The Harlem Renaissance). Another goal of the Harlem intellectuals was to create a movement that would serve the best interestsShow MoreRelatedImpact Of Langston Hughess Contribution To Harlem Renaissance1697 Words   |  7 PagesLangston Hughes contribution to Harlem Renaissance Harlem was founded back in the 17th century as a Dutch outpost. Harlem adjoins New York City and host a large population of the African American Community. The blacks found New York City to be more accommodative to their culture and ideologies, during the great migration of the early 1900s, Harlem became the major destination and it became home to many African Americans. [1] Harlem received over time, Harlem developed from a farming village to becomeRead MoreThe Harlem Renaissance : African American Culture758 Words   |  4 PagesThe Harlem Renaissance: African American Culture The Harlem Renaissance was an era where African American culture flourished. African American music, art, theatre, literature, food, fashion, and creativity dominated in the 1920’s. It was a movement to redefine what being â€Å"black† meant to destroy the stereotypes of that society has affiliated with being a negro. At this time, African American artists used their talents to take advantage of this opportunity to make a better life for themselves, whileRead MoreCritique of Julie Aberdeens Essay on the Writings of Langston Hughes during the Harlem Renaissance638 Words   |  3 Pagesthe Harlem Renaissance Aberdeens essay on Langston Hughes and the Harlem Renaissance had a clear theme that was supported throughout by many examples. While an actual thesis statement was lacking, or a title that would have provided similar direction, the content stayed close to the topics of striving for equality and cultural identity through the writings of Hughes. A good thesis statement for this essay might be: This essay will examine how Langston Hughes sought equality and a cultural identityRead MoreThe Harlem Renaissance1154 Words   |  5 PagesIV AP 16 November 2015 The Harlem Renaissance The early 1900s was a time marked with tragedy in America. Started and ended with the Great Depression in between, it was not America s finest moment. Prohibition was in place, the Klu Klux Klan was still marching, and the Lost Generation was leaving for Paris. But despite the troubling times, people still found beauty and meaning in the world around them. They still created art and celebrated life. The Harlem Renaissance was an artistic and literaryRead MoreThe Harlem Renaissance, A Cultural Movement Essay1063 Words   |  5 PagesMusic, Literature†¦Freedom. The Harlem Renaissance, a cultural movement that began in the 1920s and continued until the early 1930s, brought excitement and a new found freedom and voice to the African-Americans who had been silent and oppressed for far too long. â€Å"Centered on the Harlem district of New York City, the Harlem Renaissance was part of a nationwide urban revolution sparked by World War I. The cultural outburst, which followed the dramatic influx of Southern blacks into Northern cities duringRead More The Harlem Renaissance Essay1145 Words   |  5 PagesThe Harlem Renaissance In Harlem between the 1920’s and 1930’s the African American culture flourished, especially in areas such as music, art, literature, dance, and even in film. This soon became known as the Harlem Renaissance. With the entire positive and the negative situations of this time period the African Americans still seemed to have it all. The Harlem Renaissance came about because of the changes that had taken place in the African American community after the abolition of slaveryRead MoreEssay on The Poetry of Langston Hughes During the Harlem Renaissance1694 Words   |  7 PagesI. Introduction: The Harlem Renaissance The village of Harlem, New York was originally established by Dutch Governor Peter Stuyvesant in 1658. It was named after a Dutch city, â€Å"Nieuw Harlem. It sits on a 5.5 square mile area of Manhattan north of 96th Street. The 1830s saw the abandonment of Harlem due to the fact that the farmlands failed to produce. The economic recovery in Harlem began in 1837. It boasted prosperous, fashionable neighborhoods that offered a diverse, rich background providedRead MoreHarlem Renaissance Essay1069 Words   |  5 PagesHARLEM RENAISSANCE Throughout the history of African Americans, there have been important historical figures as well as times. Revered and inspirational leaders and eras like, Martin Luther King and the Civil Rights Movement, Nat Turner and the slave revolt, or Huey Newton and the Black Panther Party. One such period that will always remain a significant part of black art and culture is the Harlem Renaissance. It changed the meaning of art and poetry, as it was known then. Furthermore, theRead More The Harlem Renaissance Essay1031 Words   |  5 PagesHARLEM RENAISSANCE Throughout the history of African Americans, there have been important historical figures as well as times. Revered and inspirational leaders and eras like, Martin Luther King and the Civil Rights Movement, Nat Turner and the slave revolt, or Huey Newton and the Black Panther Party. One such period that will always remain a significant part of black art and culture is the Harlem Renaissance. It changed the meaning of art and poetry, as it was known then. Furthermore, theRead More2.) To What Extent Did The Coming Of The Harlem Renaissance1483 Words   |  6 Pagescoming of the Harlem Renaissance represent a social and Cultural Revolution in the United States? Did all accept this renaissance? The Harlem Renaissance gave the black race new culture identity. The renaissance was very artistic, musical and literary. There were more black writers during this time. Not as many as white, but still it was a movement in the black identity. They were showing America that they could do as much as whites could and do it as good. The Harlem Renaissance gave influence

One of My Worst Days Free Essays

I received unbelievable news that changed my life forever. While sitting at â€Å"Designing U† hair salon with my mother Lashed all morning, boredom soon kicked in. I logged onto Backbone and started reading many deviating posts that all mentioned a guy named Drew. We will write a custom essay sample on One of My Worst Days or any similar topic only for you Order Now As time went by, I started to wonder was everyone talking about my church friend Dander Johnson. Once realization set in, my biggest fear became true. While continuing to read the Backbone posts, I came across Dress cousin Davison Johnson status. Davison explained how he couldn’t believe something this tragic appended, â€Å"Drew was the light of everyone eyes, he was always caring and helping anyone with anything†, says Davison. Not only was Drew his cousin they were like two peas in a pod. From going to the same school all their lives , to becoming stars on Bilabial High School football team. As minutes passed by my father Charles contacted my mother lashed and l. He informed us that Drew had been out all morning with two of his friends. The two other teenagers were a boy and a girl, whom I don’t know personally till this day. The young lady was known to be the driver, according to her, while driving down highway 78, he swerved to dodge another vehicle and lost control of the car. With the vehicle flipping and neither of the teens wearing seat-belts it didn’t make the situation better. The two teens were rushed to the RE and My church friend Drew was pronounced dead at the scene. I had many unanswered questions to why this occurred. For instance, â€Å"Why did Drew have to be the only one? † â€Å"Why couldn’t he leave this world a peaceful way† and â€Å"Why couldn’t his family and I see him walk across the stage this year? â€Å". Drew would’ve been a senior this year and would’ve had the chance to shine on the football like he Ovid doing. His football number, #52, was spray painted onto BBS football field as the team played in the playoffs last November. Their school also recognized his family and framed his Jersey. This incident brought everyone closer. Till this day everyone still remembers him as the kid who dreamed to make it to the NFG one day and as the loving and caring person he was. I have realized that people’s leave sooner than expected and no longer question God because I know he makes no mistakes. I always tell myself that Drew and I will reunite one day. One of My Worst Days By Closures How to cite One of My Worst Days, Papers

Length Of Ap Art History Essay Example For Students

Length Of Ap Art History Essay EXTERNAL HISTORY: .Considered along with LAS MENINAS to be one of the most important masterpieces of DIEGO DE VELAZQUUEZ ,as if final perido,this metological scene despits Minerras dispute with Arachne over weaving abilities.Traditionally cosidered to represent women working at the tapestry workshop of Santa Isable but it now prored that it is mythological subject.It was probably painted around 1657.The title of THE SPINNERS,as it ispopularly known,is a later invention and seems to have been inspired by the women who are spinning in the foregroundthey were workers in the Santa Isabel tapestry factory in Madrid.This Velazquez painting, considered for a long represent a generic theme,actually hides the depiction of a mythological theme draped in the everyday labour of a tapstry workshop.In the mid forties,sepcialists refused to interpet it as a simple every day scen.Their doubt were clarified when reearcher Maria Luisa Caturla brought to light aninventory in which an unknowed Velazquez sFable of Arachae was mentioned,owned by huntsman to King Philip 4th,Don Pedro de Arcc.One of the problems that hindired the identification of the subject lay in the fact that the work did not belong to collections and documentary information existed about it. INTERNAL HISTORY:The Fable of Archa,as related in Ovids Metamorphoese,tells how Minerva,goddess of the arts and of war,competes with Arachne,famous for her skill in spinning in weaving a tapestry.The young spinner was insolent enough to prevent in her work one of the love advantures of the goddess father Jove,and by way of punishment,she was transformed into a spider. ICONOGRAPHY: Even so,Velazquez had used Baroque recourse of inserting a picture within a picture since he was a youngman, and he linked to reverse the order of important of the story(i.e putting the trivial forward and the fundamental behind) This canvas was added onto it in the 18th century,on the upper part and both sides.It is not know if this aws done to restore it to its original state (it was thought to have suffered damage in the Alcazar fire of 1734) or if it was simply and attempt to complete the scene to make it larger.Certain scholar say it is an Apology of fine arts,intended to show the superiority of the art of painting over the hand crafts, while others see it a Political Allegory after Ripas Iconology. TECHNIQUE:The Spinning wheels turns rapidily showing the loose Velazquez technique.The canvas was probable damaaged by the fire in the Alcazar(1734) and an upper section was added. An arrepenrimentocan be appreciated in the head of the girl in profile, represented in the right side of the painting.As a goddes of war,appears in the backgroundin military dress.It is at the back of the work shop where the fable is recounted;in the foreground we see the actual labour of the workshop.Both space are graced with the magnificentand the meticulous use of light and a freedom and loosen of brush strokes that make the painting one of the most valueable of those predating Impressionism.The key painting by means of the afrorementoned mythological story,accompained by a tapestry with the Rape of Europr,by Titian painting as a declaraction of superiority of art over mere manual dexterity.It has been in the Prado since 1819.

Example research essay topic A Night To Remember 744 words Essay Example

Example research essay topic: A Night To Remember 744 words Essay The non-fiction novel A Night To Remember by Walter Lord is about the well known disaster that the luxury cruse ship the Titanic went thorough. This story takes place on the ship and on its many decks. During the story the Titanic sails along the Atlantic Ocean. Walter Lord wrote this book in 1955, but the famous collision occurred on April 14, 1912 at 11:40 P.M. In this novel the author, Walter Lord wants to show what happened at every moment on the cruse liner. The Novel also has not one main character, that is, all characters have the same value in the story. On April 14, 1912, 2:00 P.M. was when the Titanic left Queenstown for New York on the huge Voyage carrying 1316 passengers and 891 crew. All was calm cruising along the Atlantic at 221/2 knots and the ocean looked like a sheet of ice. The watchman in the crows nest accounted for an iceberg but since the ship was unsinkable there was no need to worry right? All was calm on the ship as well some were playing cards, looking out at the night sky, listening to the band play, and some people decided to sleep. Until that grinding noise came, at around 11:40 that night some people heard a grinding noise that seemed to be coming from the inside of the ship. All but a few cared about it if they even heard it. The ships reputation would hold up to some grinding noise any day. We will write a custom essay sample on Example research essay topic: A Night To Remember 744 words specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Example research essay topic: A Night To Remember 744 words specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Example research essay topic: A Night To Remember 744 words specifically for you FOR ONLY $16.38 $13.9/page Hire Writer So after a while the word got around that they had, in fact, stuck an iceberg. Surprisingly no one cared and everyone went back to bed. The captain of the Titanic could if in emergency hit a electric button and many air-tight doors sealed off special rooms that could keep the ship afloat even if it had a hole in its double reinforced hull. As word soon spread that the collision was a lot worse than before expected, the captain and the crew members went to go check the damage. The blow caused a two foot gash in the side of boiler room number 5. The people had to get into the emergency row boats right? Wrong! The Titanic only had enough row boats for a fraction of the passengers. So the only likely thing to do was to make the women and children go first then if there was any other room left (which there couldnt be) the men could go on. The calls came from all around shouting Women and children on the emergency row boats. That really startled the people on the ship. They wanted to know why they had to go on the emergency boats if the ship was unsinkable. But if they had to they would. People went back in their rooms and they took things that were most valuable to them. One person took a Bible that was given to him by his brother. But almost all of the people (in the upper class) took jewelry and money. At 12:15 A.M. the next day, the first wireless call for help was made. The water was getting higher and higher. The departing said their final good-byes. Soon the Titanic would be under the great Atlantic Ocean. So they would have to act fast. But they were also were ready to go down by the ship. The ship was taking on more and more water, faster and faster. Some people panicked and jumped over the edge thinking that they could swim for their lives. But the water was so cold that they died quickly. The ship was now on such a tilt that it was no longer easy to stand. People were tumbling left and right. People were also going crazy because they either saw their spouse or friend drown in front of them. As the Titanic was in its final stages of being above the sea, some accounted that the huge ship looked like a gigantic jagged rock sticking out of the water. No one could save the Titanic now the only hope was to save the people who got off the ship with the help of the ship Carpathia who dropped the lines out to save those in the life boats. Back home Newspapers read that all were saved from the massive collision. But that was far from the truth. There was only about 705 survivors. The Titanic was the single most popular ship in History that was noticed as one of the worst tragedies. Bibliography: none.

Surrealism and Real in Spellbound and Un Chien Andalou Essays

Surrealism and Real in Spellbound and Un Chien Andalou Essays Surrealism and Real in Spellbound and Un Chien Andalou Paper Surrealism and Real in Spellbound and Un Chien Andalou Paper As Richardson’s rightly suggests, ‘if a film could be viewed as surrealist under certain conditions, this does not make this or that film a ‘surrealist’ one. In fact, there is no such thing as ‘surrealist’ film. There are only films made by surrealists, or films, which have an affinity or correspondence with surrealism’ (Richardson, 6). Both Un Chien Andalou and Spellbound should be regarded in the mentioned respect. Notwithstanding these film’s surrealist connotation, which are especially evident in Bunuel’s and Dali’s film, the first thing that links them to reality is formal techniques such editing, sequencing of images and events, structural elements, which unravel in real time, creating framework for interpretation. However, as Un Chien Andalou vividly exemplifies, at least formally surrealism also contradicts certain conventions in realist representation of reality. The latter is reflected in the absence of linear and logarithmic correlations and causal ties, recursive and programmable parallel sequences. By means of exposing inner structure of the movie, the symbolic unity of cultural content is often broken and the audience is left in front of grotesque and estranged reality (Richardson, 67). In comparison to traditional realist approach, Un Chien Andalou lacks clear temporal and spatial coherence and logic. The plot in conventional sense is absent from the film and its temporal fabric is broken into pieces and temporal leaps – the starting sequence ‘once upon a time’ inadequately narrates the image sequence of man’s sharpening the razor and then slitting the eye of his wife with it. The image of moon, being cut by the sharp object seems to create association with opened eye. The meaning of this scene, if interpreted in a strictly realist perspective is absent, as the episode is not explained and connoted in a coherent way. The absence of causal links between actions and implications create the atmosphere of nonsense. However, such an approach is not viable in this situation. The reality presented in this scene has dream logic, because it is filled with free associations and perceptive amplifications, which often have traumatic character. One of the basic purposes of such surrealist technique is increasing human perception, which should result in deep penetration in one’s own Unconscious and Real’s structure. Therefore, the purpose of such cinematic sequence is not providing with clear understanding of the logic, but amplifying experience of Real as it is in its ugliness and absurdity. The next scene is ‘eight years later’ and has not direct linkage with the previous sequence, which means that perception is understood by the authors as blind to the memory and time, as it is the only means for portraying the Real in its condition. This sequence is also filled with strange meanings and signs, which are seemingly impossible to interpret. The ‘lover’ wearing a nun’s clothing with a locked box on his neck. The same affect of fantasy is produced after the death of ‘lover’, when the ‘wife’ assembles the pieces of his clothing and he suddenly appears near the door, looking at his palm with the hole in it, from which many ants emerge. The scene has similarities with traditional method, used in horror films, however, its purposes are different, which is proved by the following episodes. The sequence is cut to the street, where an androgynous subject is poking at a cut hand, surrounded by the crowd, policemen etc. When a cut hand is finally placed by the police in ‘lover’ box, the blind androgynous figure is left alone in the middle of the street and then ran down by the car. The ‘lover’, being affected by this sudden death, becomes aggressive and tries to sexually offense the ‘wife’. As in the previous case, the analyzed sequence lacks clear logical links between its episodes. However, the episodes often seem to convey assertive meanings by themselves. The episode, when the ‘lover’ exposes his sadist essence after the death of blind figure, is obviously an allusion to Freudian concept of ‘will to death’, as deeply ties sexual desire with finite nature of human existence.

Some Aspect of Romanticism in Blake's The Marriage of Heaven and Hell Essay

Some Aspect of Romanticism in Blake's The Marriage of Heaven and Hell - Essay Example is writing but also involved himself in the time consuming process of engraving, coloring and the printing of the books which were extraordinarily beautiful. As a result he was prevented from gaining a higher reputation and income level for the wonderful work he merited. In contrast to Blake, Dante was a Florentine poet belonging to the Middle Ages. He is revered as the â€Å"Father of the Italian language† because he composed in Italian. One of the most important influences of writing the poem â€Å"The Marriage of Heaven and Hell,† was his close association with the New Church of Emanuel Swedenborg. The increasing rigidity witnessed by Blake from Swedenborg and his followers, easily made them primary targets for this well written parody and satire. Due to his publicizing his political philosophy, it helped him to associate within the circle of some of the most important leading radicals of his time, such as, Spain Thomas Paine and Joseph Priestley. In sharp contrast is Dante’s ‘Inferno’ was written in the Jubilee year 1300 and was one of the most intricate and artistic poems ever to be written. He wrote this poem ‘somewhere between the death of Clement V and the end of Dante’s1 life when he was just 35 years old.’ (Dante and his Time, p. 270) An introductory canto begins the book which is then followed by 99 other cantos speaking of Christ’s life on Earth. The whole poem is segregated into three parts each comprising of 33 cantos each of high lyrical value and beauty. Blake’s satirical attack was on the orthodoxy of the Swedenborgians in addition to a description of the poet – prophet’s own developmental and educational process. The poem which was written during a great political upheaval in America has a historical backdrop that portrayed a revolutionary prophecy. Blake introduces the poem with â€Å"The Argument† backing it with his prophetic character Rintrah and brings it to a close with another poem titled â€Å"A Song of Liberty,† where

THE HUMAN BODY Coursework Example | Topics and Well Written Essays - 750 words

THE HUMAN BODY - Coursework Example Mr. Kile's coronary arteries were reported to have been 80-90% blocked which led to oxygen deficiency in the myocardium which therefore resulted in the permanent damage of the heart muscle. The affected part of the heart potentially triggered electrical activity which led to ventricular fibrillation (Starr, 2013). This fibrillation can be described as an uncoordinated twitch instead of the regular rhythmic pumping of the heart. Therefore, the heart is unable to fulfill its role of supplying blood to the rest of the body. How are arteries different from veins and capillaries? Describe the functions of both arteries and veins Arteries, veins and capillaries differ both in their histological composition and their functions (Starr, 2013). The walls of arteries and veins are comprised of three layers whilst those of capillaries are only one cell thick. However, the arterial and venous walls differ in their structure as arteries have a thicker tunica media than that of veins (Starr, 2013). This is mainly due the the fact that arteries carry blood away from the heart hence the blood has a higher pressure than that in the veins which is carried towards the heart. Veins also have a wider lumen due to the low pressure in venous blood (Starr, 2013). They also possess several valves to prevent the back flow of blood. Apart from the umbilical and pulmonary arteries and veins, arterial blood is always oxygenated and and venous blood is always dehydrogenated. In summation, the main function of arteries is to supply oxygen and nutrients to different tissues in the body, while veins carry deoxygenated blood from these tissues to the heart (Starr, 2013). Vertebrates and some invertebrates have a closed circulatory system. Explain the advantage of having a closed circulatory system over an open circulatory system? An open circulatory system is characterized by the heart pumping blood into the hemocoel, which is localized between the endoderm and ectoderm (Pittman, 2011). This flu id is often referred to as hemolymph and is distributed to tissues and organs through ta system of interconnected sinuses. Animals with this type of circulation often have low blood pressure and a high volume of blood in comparison to their bodies (Pittman, 2011). A closed circulatory system is comprised of a heart and a vascular system. The organs and tissues are not directly bathed in the blood. This system as a more complete separation of function than that of an open circulatory system (Pittman, 2011). A closed circulatory system enables the organism to survive with lower volumes of blood. A closed circulatory system also enables more control over the blood supply to different parts of the organism. Animals with a closed circulatory system also have a higher metabolic rate. The closed circulatory system is also advantageous in the sense that it is able to include the process of ultrafication in blood circulation. In the closed circulatory system, the pulmonary and systemic circu lations can respectively maintain their optimum temperatures (Pittman, 2011). Briefly explain how the lymphatic system is associated with the circulatory system? There are many interrelations between the circulatory and lymphatic system. The lymphatic system is involved in the removal of interstitial fluid from different tissues and is also

The Methods of Statutory Interpretation Available to the Judiciary Essay

The Methods of Statutory Interpretation Available to the Judiciary - Essay Example The primary rules are the mischief rule, the literary and the golden rule. The judiciary also uses what is referred to as the purposive approach and typically enter the statutory interpretation process based on a set of presumptions.4 This research study analyses how the judiciary uses these rules, presumptions and the purposive approach for maintain consistency in the application of statutes. Presumptions The judiciary applies presumptions to guide them in the construction of statutes. There are essentially six main presumptions used by the judiciary. The first well known presumption is the presumption that penal laws are interpreted â€Å"strictly in favour of the citizen†.5 In R v Cuthbertson the House of Lords construed the Misuse of Drugs Act 1971 in favour of the defendant. Under the 1971 Act, forfeiture was permitted in respect of any items the court felt were related to the offence. However, the House of Lords rules that since the provision did not state conspiracy to commit the offence, but rather specified the actual offence, forfeiture would not be permitted for a conspiracy offence under the Misuse of Drugs Act 1971.6 Other important presumptions include the presumption that statutes are not meant to alter the common law; statutory criminal offences are typically require the mental element of mens rea; Parliament does not intend to usurp the court’s jurisdiction; and statutes do not have â€Å"retrospective effect†.7 There are also a number of linguistic or language-based presumptions used by the judiciary in the interpretation of statutes. For example, the maxim noscitur a sociis dictates that words â€Å"take meaning from the context†.8 The maxim noscitur a sociis was applied in Muir v Keay in relation to the construction of the Refreshment Houses Act 1860. Under the 1860 Act houses to which the 1860 Act referred were house that provided refreshments, resort and entertainment to the public. It was held that entertainmen t in the context of the 1860 Act could not refer to theatre or music but rather applied to refreshment, reception and accommodations.9 Another instructive maxim related to the language of a statute used by the courts as a guide for the interpretation of statutes is expression unius exclusion alterius which means that: The express mention of one member of a class by implication excludes other members of the same class.10 For instance should a statute use the word â€Å"land† it can be assumed that land includes mines. However, if the word is grouped together with other words such as â€Å"lands, houses and coalmines† it can be assumed that the word land does not refer to any other mines aside from coalmines.11 The maxim ejusedem generis is also used by the judiciary as an aid in the interpretation and application of statutes by reference to the language used. The maxim ejusdem generis presumes that where a statute provides a list of specific words, any general term appe aring at the end of the list will be interpreted by reference to the list of particularized words.12 Maxims are methods of linguistic interpretation that help the

Mertons theory

Mertons theory Compare and contrast Mertons theory and the labelling theory of deviance. I. Introduction Your Essay Outline Write about Compare and contrast Mertons theory and the labelling theory of deviance in the first sentence. Summarize Mertons Theory in the second sentence. Summarize Labelling Theory of Deviance in the second sentence. Summarize Comparions contrast in the third sentence. Briefly summarize So in short, both theories try to explain crime from a social perspective but one explains why crime begins while the other one explains why crime continues. in the final sentence of the first paragraph. In second paragraph you need to expand on Mertons Theory. Write one sentence summarizing Mertons Theory. Then write two sentences expounding on Mertons Theory. Be sure to back up your argument for Mertons Theory. In the final sentence transition from Mertons Theory to Labelling Theory of Deviance In third paragraph you need to expand on Labelling Theory of Deviance. Write one sentence summarizing Labelling Theory of Deviance. Then write two sentences expounding on Labelling Theory of Deviance. Be sure to back up your argument for Labelling Theory of Deviance. In the final sentence transition from Labelling Theory of Deviance to Comparions contrast. In fourth paragraph you need to expand on Comparions contrast. Write one sentence summarizing Comparions contrast. Then write two sentences expounding on Comparions contrast. Be sure to back up your argument for Comparions contrast. In the final sentence transition from Comparions contrast to your So in short, both theories try to explain crime from a social perspective but one explains why crime begins while the other one explains why crime continues.. In the fifth and final paragraph, summarize Mertons Theory again. Summarize Labelling Theory of Deviance again. Summarize Comparions contrast again. Then write two sentences stating your So in short, both theories try to explain crime from a social perspective but one explains why crime begins while the other one explains why crime continues.. Outline and assess the structionalist themes of crime and deviance Structural theories of deviance are similar to Mertons theory. They explain the origins of deviance in terms of the position of individuals or groups in the social structure. In the 1930s Robert k Merton wrote an article entitled Social Structure and Anomie. It became one of the most influential explanations of crime and deviance. He offered a social rather than psychological or biological explanation. In particular, it was a structionalist theory as it saw the structure of society shaping peoples behaviour. According to Merton, American culture attaches great importance to success and success is measured in terms of money and material possessions. There are norms which define legitimate means for achieving success. These legitimate means include gaining skills and qualifications and career advancement. The American dream states that anybody can make it to the top if they try hard enough. So much emphasis is placed on material success that many people experience pressure to deviate from accepted norms and values. Deviance occurs when they reject the goals of success and/or the legitimate means of reaching that goal. For example, some people are tempted to use nay means of getting to the top-even if that involves criminal behaviour. Merton refers to this pressure as a strain to anomie. Anomie means normlessness it refers to a situation where norms no longer guide behaviour, where anything goes. Despite what the American dream says, not everybody has an equal chance at success. The social structure prevents equal opportunity. In particular, the strain to anomie is most strongly felt by those at the bottom of the class structure. They are less likely to acquire skills and qualifications needed to reach the top. As a result, they are more likely to seek alternative routes to success. Merton identifies five possible adaptations or responses to the strain to anomie in American society, conformity, innovation, ritualism, retreatism, rebellion. Conformity according to Merton, most people conform despite the strain to anomie. Even if they dont make it, they continue to strive for success and follow the normative means of getting there. Innovation, people who adopt the deviant adaptation accept the goals of success but, in Mertons words, they have little access to conventional and legitimate means to becoming successful. As a result, some innovate-they turn to legitimate means, to crime. The pressure to select this adaptation is greatest for those in the lower levels of the class system. Ritualism, people who follow this deviant route abandon the goal of success, but stick rigidly to the rules- for example, people in dead end, white collar occupations that follow their job descriptions to the letter. Retreatism, this deviant adaptation involves a rejection of both the goal of success and the normative means of achieving it. It applies to people who drop out- tramps, drug addicts and habitual drunkards. Rebellion, this involves a rejection of conventional goals and means and their replacement with alternatives. The revolutionary who seeks to change society illustrates this type of deviant adaptation. Mertons strain theory was an early attempt to explain crime and deviance in terms of culture and structure of society. It provided a sociological alternative to biological and psychological theories. In particular, it offered an explanation for working class crime. Whatever its weaknesses, Mertons work provided a spur for the development of further theories of crime and deviance. Mertons theory does raise a number of unanswered questions. First, why do people but not others adopt deviant adaptations? For example, why do some people in the lower levels of the class system turn to crime but others do not? Secondly, Mertons theory focuses on individuals rather than groups. Crime and deviance are often collective activities. How can this be explained in terms of strain theory? Thirdly, crime and deviance are not always motivated by a desire for monetary gain. How can activities such as vandalism and fighting between rival gangs be explained in terms of Mertons theory? In search for these answers subculural theory was formed. Subcultural theories explain deviance in terms of the subculture of a social group. They argue that certain groups develop norms and values which to some extent different from those held by other members of society. For example, some groups of criminals or delinquents might develop norms that encourage and reward criminal activity. Other members of society may regard such activities as immoral, and strongly disapprove of them. Subcultual theories claim that deviance is the result of individuals conforming to the norms and values of the social group to which they belong. Members of subcultures are not completely different from other members of society: they may speak the same language, wear similar clothes, and attach the same value to family life. However, their subculture is sufficiently different from the culture of society as a whole to lead to them committing acts that are generally regarded as deviant. Often, structural and sub cultural theories are combined, as in Albert Cohens analysis of delinquency. The development of subcultures is explained in terms of the position of groups and individuals in the social structure. Cohen was the first sociologist to develop a subcultual theory of working class crime and deviance. He examined delinquent gangs in low-income, inner city areas. Delinquency refers to the criminal and anti social acts of young people. Cohen agreed with Merton that the mainstream value of success creates problems for young working class males. Many do badly at school and fail to acquire the skills and qualifications needed for success. Employing Durkheims concept of anomie, Robert K Merton, an American sociologist, developed his theory of deviance by analysing the American reward system. Mertons argument is that in a well-regulated society, goals and the means of achieving these goals are integrated in that they are available to all in society. In some societies the accepted means of achieving these goals are not available to all, hence those who wish to achieve the goals, but are not able to do so through legitimate means, must adapt to the situation. Merton presented a typology describing the modes of adaptation. The important aspect of the typology is the relationship between the cultural goals and the institutionalised means of achieving them. I will describe the typology in the following paragraphs. Howard S. Beckers labelling theory of deviance asserts that deviance and conformity result, not so much from what people do, but from how others respond to those actions. It analyses how definitions for deviant behaviour are created by social groups. Merton then sets out a typology of modes of adaptation in terms of conformity, or non-conformity, to cultural goals and institutionalised means: 1. Innovation accepting cultural goals but employing illegitimate means, for example, property theft, cheats. 2. Ritualism adherence to means whilst ignoring the goals, for example, bureaucratic adherence to routine going through the motions. 3. Retreatism withdrawal, opting out of socially defined desirable behaviour, for example, alcoholics, addicts. 4. Rebellion not only rejection of goals and means, but a positive attempt to replace them with alternative values, for example, political revolutionaries, religious prophets. Mertons analysis suggests that deviant behaviour is functional. First, for the individuals involved, since it enables them to adapt to the circumstances in which they find themselves. And second, for society as a whole since modes of individual adaptation help to maintain the boundaries between acceptable and non-acceptable forms of behaviour. Criticisms 1. Non conformity, such as ritualism, is not really the same as deviance (indeed with ritualism you do the actions, but have the wrong thoughts its nearer blasphemy). It does not convey the same stigmatising quality as in the label deviant. 2. The assumption of cultural consensus is implicit in the idea of cultural goals, and ignores the possibility of sub-cultures and a pluralistic culture, where cultural goals might differ considerably. 3. It does not really provide a causal theory as to why some groups might adapt via rebellion and others by retreatism. Obviously some form of socialised commitment and differential associations becomes crucial for influencing perceptions of the alternatives to conformity. It does not explain movement into deviant careers. 4. It does not take into account that just as legitimate means to success are limited, that so too are the illegitimate opportunities. Not everyone has equal access to criminal sub-cultures. An analysis of the opportunities for deviant activity is required. However, Merton never claimed that his typology was a total theory of deviance and many of the criticisms of his work were picked up on and improvements attempted by sub-cultural theorists. Conclusion Mertons strain theory is basically an explanation of why people commit crime. His approach involves looking at how people accept reject or redefine our cultural goals according to the means available to them in accepting those goals. So for example, success is the goal, the appropriately accepted way to achieve success in America is through the belief that hard work will get us success. But many people work hard and are not successful. So one adjustment would be to reject the idea that hard work is how to become successful and replace that means of achieving success with an alternative method such as selling drugs. You achieve monetary success without hard work. Labeling theory is also an effort to explain crime from a sociological position. However labeling theory explains why a person continues committing a crime but does not explain why they committed a crime in the first place. So in short, both theories try to explain crime from a social perspective but one explains why crime begins while the other one explains why crime continues.

Pakistan - The Land of Adventure and Nature :: science

Pakistan - The Land of Adventure and Nature From the mighty stretches of the Karakorams in the North to the vast alluvial delta of the Indus River in the South, Pakistan remains a land of high adventure and nature. Trekking, mountaineering, white water rafting, wild boar hunting, mountain and desert jeep safaris, camel and yak safaris, trout fishing and bird watching, are a few activities, which entice the adventure and nature lovers to Pakistan. Pakistan is endowed with a rich and varied flora and fauna. High Himalayas, Karakoram and the Hindukush ranges with their alpine meadows and permanent snow line, coniferous forests down the sub-mountain scrub, the vast Indus plain merging into the great desert, the coast line and wetlands, all offer a remarkably rich variety of vegetation and associated wildlife including avifauna, both endemic and migratory. Ten of 18 mammalian orders are represented in Pakistan with species ranging from the world's smallest surviving mammals, the Mediterranean Pigmy Shrew, to the largest mammal ever known; the blue whale. Situated in the heart of the South Asian sub-continent, it is a country with its own fascinating history and cultural heritage. Pakistan was the site for one of the world's earliest human settlements, the great prehistoric Indus Valley Civilization, the crucible of ancient empires, religions and cultures. Pakistan traces its history back to 2,500 years B.C. when a highly developed civilization flourished in the Indus Valley. Excavations at Harappa, Moenjodaro, Kot Diji and Mehr Garh have brought to light, the evidence of an advanced civilization existing even in more ancient times. The landscape of Pakistan ranges from lofty mountains in the north, the Karakoram and the Himalayas, through dissected plateaus to the rich alluvial plains of the Punjab. Then follows desolate barrenness of Balochistan and the hot dry deserts of Sindh blending into miles and miles of golden beaches of Mekran coast. Pakistan is situated between latitude 24 and 37 degrees North and longitude 62 and 75 degrees East. The country borders Iran on the West, India on the East, Afghanistan in the North-West, China in the North and the Arabian Sea in the South. The great mountain ranges of the Himalayas, the Karakoram and the Hindukush form Pakistan's northern highlands of North West Frontier Province and the Northern Area; Punjab province is a flat, alluvial plain with five major rivers dominating the upper region eventually joining the Indus River flowing south to the Arabian Sea; Sindh is bounded on the east by the Thar Desert and the Rann of Kutch and on the west by the Kirthar range; the Balochistan Plateau is an arid tableland, encircled by dry mountains.

How to Write a 5 Paragraph Essay

1 I. How to Recognize Plagiarism1 Overview In order to avoid plagiarism, you must give credit when You use another person's ideas, opinions, or theories. You use facts, statistics, graphics, drawings, music, etc. , or any other type of information that does not comprise common knowledge. You use quotations from another person's spoken or written word. You paraphrase another person's spoken or written word. 1 Begin the writing process by stating your ideas; then go back to the author's origina l work. Use quotation marks and credit the source (author) when you copy exact wording.Use your own words (paraphrase) instead of copying directly when possible. Even when you paraphrase another author's writings, you must give credit to that author. If the form of citation and reference are not correct, the attribution to the original author is likely to be incomplete. Therefore, improper use of style can result in plagiarism. Get a style manual and use it. 2 II. Formula for an Essay Basically, the writing expected of students in college is of one type that can be used for all disciplines. This handout generally focuses on the basic, â€Å"formulaic† nature of the college level essay and its components.THIS IS THE PROCESS & ITS PRODUCTS: 1. BRAINSTORM: Write down whatever comes to mind about the topic. 2. A. A. : AUDIENCE ATTRACTOR: This is the first sentence of the opening paragraph which catches the reader's attention, an attentiongetting sentence. 3. BACKGROUND SENTENCES: These are the sentences that provide background information about the subject and act to narrow the focus, thereby introducing the thesis. 4. THESIS: This is the sentence that expresses the main idea of the paper. **A thesis may change as the essay matures. ** 5. PROOF SENTENCES (2-3 sentences): Proof sentences support and prove the validity of the thesis. It helps to use a proof sentence as the opening sentence in each body paragraph. In each paragraph, a minimum of four sentences should be wr itten supporting the topic sentence. ) EXAMPLE: SAMPLE TOPIC: The value of a college education. BRAINSTORMING: better job enrichment more pay wider outlook AUDIENCE ATTRACTOR: higher self-esteem People all over the world yearn for an education. 3 BACKGROUND: 1. In the past, many individuals did not have access to an education. 2. History reveals many were forced to perform low-income, manual labor while others reaped the benefits of life. THESIS:Today, a person needs a college education in order to be financially successful in a technologically advanced world. PROOF/SUPPORT SENTENCES: The writer may compose 2-3 proof sentences depending on whether the essay is to be 4 or 5 paragraphs. The model used here includes 2 proof sentences for a 4 paragraph essay. 1. Education is a prerequisite for certain high-paying jobs. 2. In addition, advanced technology, like computers, makes college level training essential. NOTE: Thesis and proof/support sentences can be combined into a single thesis statement which advances the main idea and sketches the arrangement of the roof/support of that thesis. EXAMPLE: Today, a person needs a college education even to start certain high-paying jobs and to be able to use advanced technology in the workplace. OPENING PARAGRAPH: A. A. : People all over the world yearn for an education. BACKGROUND: In the past, many individuals did not have access to an education. History reveals many were forced to perform low-income, manual labor while others reaped the benefits of life. THESIS: Today, a person needs a college education in order to be financially successful in a technologically advanced world.PROOF (SUPPORT) SENTENCES: Education is a prerequisite for certain high-paying jobs. In addition, advanced technology, like computers, makes college level training essential. **PROOF SENTENCES CAN BE PLACED BEFORE OR AFTER THE THESIS. ** 4 FIRST BODY PARAGRAPH: FIRST PROOF SENTENCE REWRITTEN: The pay scale for certain jobs is based on how much educa tion the employee has. (Now, add four or more sentences to support this idea. ) SECOND BODY PARAGRAPH: SECOND PROOF SENTENCE REWRITTEN: Because of computers, sophisticated communications systems, and other technological advances, a general education may not be enough for some of today's jobs. Again, add four or more sentences to support this idea. ) CONCLUSION: The conclusion can be the thesis rewritten and the proof sentences rewritten. Stating one's opinion adds a personal touch. In the conclusion one should never introduce new material. A conclusion usually summarizes or re-emphasizes what has already been discussed in the paper. 5 III. Writing the Five Paragraph Essay INTRODUCTION Motivator, an attention grabbing sentence: Children have many things to learn and to adjust to as they grow up including the awareness of the parts of their bodies. Thesis (Main Idea):Children often do humorous things. Blueprint: They are often humorous in learning to speak, in discovering that all obj ects do not have human characteristics, and in attempting to imitate others. Often, the thesis and blueprint can be combined into a single thesis sentence which advances a main idea and sketches the arrangement of the details which support that main idea (thesis). BODY (SUPPORT & DEVELOPMENT) FIRST CENTRAL PARAGRAPH Topic Sentence: Specific Support: Children are often humorous in learning to speak. My daughter Betsy, mistook â€Å"old tomato† for â€Å"ultimatum. † SECOND CENTRAL PARAGRAPHTopic Sentence: Specific Support: Specific Support: Specific Support: Children â€Å"humanize† the objects around them. A psychologist says children blame balls and chairs as though the things were conscious. When I was a child, I thought the sun was out to get me. Betsy ordered her shoes to climb the stairs. THIRD CENTRAL PARAGRAPH Topic Sentence: Specific Support: Specific Support: Children attempt to imitate what they see. They dress like their parents. My daughter imitated a tantrum a visiting child threw. CONCLUSION Reworded Thesis: Clincher Children are funny creatures to watch. A reminder of the motivator which states that children have a lot of learning and adjusting to do. ) 6 IV. Writing the One Paragraph Essay A PARAGRAPH is a group of sentences that are combined to make a point. Sentences must be tied together in a relationship that gives meaning to the whole. Every ONE-PARAGRAPH ESSAY must contain three main parts: –main idea (topic sentence) –support for the main idea –closing that feels like an ending MAIN IDEA can be proved is worth discussing A MAIN IDEA must have a topic and offer an opinion about the topic. It must be provable, maybe in more than one way.It must be something worth discussing. TOPIC My first grade teacher OPINION influenced my career choice. A sentence that states only a subject, or topic, cannot be a main idea. WITHOUT AN OPINIONATED STATEMENT, there is nothing to PROVE OR ARGUE, nothing worth discu ssing. NOT A MAIN IDEA My first grade teacher was old. A MAIN IDEA without a TOPIC and an OPINION makes a poor foundation for an ESSAY. 7 A NOTE ON PERSONAL AND IMPERSONAL WRITING Some main ideas and some essays are about people and events in our own lives. They are derived from the writer's personal experiences.The writer is prominently featured in this kind of writing. PERSONAL MAIN IDEA-â€Å"My first grade teacher influenced my career choice. † Other MAIN IDEAS do not deal directly with the writer. They are about people, things, and ideas that the writer is thinking about, but they have not necessarily been experienced by the writer personally. IMPERSONAL MAIN IDEA -â€Å"Cold weather was the cause of the Challenger disaster. † SUPPORTING THE MAIN IDEA The main idea states what the writer believes to be true. Once the writer has stated a main idea, he or she must prove that the main idea is plausible. This is done with SUPPORTING IDEAS.Without supporting ideas, the re is no paragraph; there is only a statement of the writer's view or merely his or her opinion. SUPPORTING EVIDENCE can be of many types, including any or all of the following: physical descriptions stories (narrative) examples comparisons discussion or analysis of cause and effect discussion or analysis of a process definitions division of a group into smaller ones statistical evidence quotations from authorities logical and reasonable arguments THE CLOSING OR CONCLUSION Every one-paragraph essay has an effective closing, something that makes the reader feel that the writer is finished.It might be one of the following: –a summary or restatement of the main idea –a conclusion that can be drawn from the proof stated –the repetition of a key phrase from the beginning of the work –a particularly effective supporting detail that feels like an ending 8 V. Writing a Good Three Point Thesis A thesis is: 1. The basic stand you take. 2. Your opinion on a subject. 3. The point you make. 4. The controlling idea. 5. The directing statement of your paper. PERSUADE THE READER THAT YOUR THESIS IS VALID. GENERAL SUBJECT: Education LIMITED SUBJECT: Professor XTHESIS STATEMENT: Professor X is an incompetent teacher. (Your purpose is to back up the statement, to persuade the reader). A THESIS IS NOT A TITLE. OR AN ANNOUNCEMENT. TITLE: The Fad of Divorce THESIS STATEMENT: Too many people get divorced for trivial reasons. ANNOUNCEMENT: My subject is the incompetence of Professor X. THESIS STATEMENT: Professor X is an incompetent teacher. A THESIS IS NOT A STATEMENT OF ABSOLUTE FACT. A good thesis is restricted. A thesis limits or restricts your subject. A thesis keeps the paper from wandering over too great a territory.The more restricted the thesis, the better the chances are for supporting it fully. A GOOD THESIS IS UNIFIED. It expresses ONE MAJOR IDEA about its subject. A good thesis may sometimes include a secondary idea if it is strictly subordina ted to the major one, but without that subordination the writer will have too many ideas to handle. A GOOD THESIS IS SPECIFIC. A GOOD THREE POINT THESIS STATEMENT: Professor X is an incompetent teacher because he grades unfairly, gives tests on materials not covered in his courses, and enjoys threatening students with failing grades. 9 VI. Writing a Good Conclusion ? ? ? ? The conclusion brings the essay to completion and gives the reader a sense of closure. The conclusion is memorable – the writer saves something interesting for the end. The conclusion reminds readers of the thesis or restates it in different words. The conclusion provides a brief but well-worded analysis of the point of the paper. The conclusion ends with a distinctive sentence: it may be a short sentence; it may be an especially well-worded or thoughtful sentence; it may be an image that stays with the readers. Concluding Strategies: End by reflecting on the importance or implications of your thesis.End wi th a call to action. James Baldwin calls for an end to the injustices of racism in his conclusion to Notes of a Native Son: â€Å"One must never, in one's own life, accept these injustices as commonplace but must fight them with all one's strength. † (102) End with a hook. Refer back to an idea, image, or question with which you began your essay. This gives your readers a satisfying sense of closure like a circle coming round. If, for example, you start an essay with a brief story about your mother’s kindness, you can refer back to her kindness in your conclusion.Brian Courtney uses a hook from his title â€Å"Freedom from Choice† when he uses the word â€Å"choose† twice in his conclusion. End with a vivid image or picture that reinforces your thesis and helps readers feel what you mean. End with a quotation that reinforces your thesis in a memorable way. End with a question that leaves readers pondering the significance of your essay. In her essay †Å"Television and Free Time,† Marie Winn argues that television programs what a child experiences. Her last sentence is, â€Å"When, then, is he going to live his real life? † (Winn 155) End by offering a solution to a problem your essay concerns.End by striking a note of reasonable hope that a problem or an issue will get better. End with a prediction that logically follows from your thesis and evidence. 10 Conclusions to Avoid: ? ? Avoid the one-sentence or very short conclusion. Like the one-sentence introduction, the one-sentence conclusion suggests there may be something wrong with the structure of your paper. The conclusion has a real purpose. It is the place where you should evaluate your evidence. In your conclusion you should tell your reader what the evidence means-what insights you draw from your paper.Avoid merely summarizing your paper or restating your thesis. The summary ending is a cliche that is so overused it seems amateurish. Avoid using an overused ph rase, such as â€Å"In conclusion† or â€Å"To sum up. † Try to be original. Avoid drawing attention to yourself instead of drawing attention to your point: â€Å"Now that I have reached the end of this time-consuming paper†¦Ã¢â‚¬  Avoid raising any new or irrelevant subjects in the conclusion. By using effective titles, introductions, and conclusions, you will engage your audience more fully-you will help them pay attention to your thesis and supporting evidence.

Acid Rain2 essays

Acid Rain2 essays Acid Rain Acid rain is a serious problem with disastrous effects. Each day this serious problem increases, many people believe that this issue is too small to deal with right now this issue should be met head on and solved before it is too late. In the following paragraphs I will be discussing the impact has on the wildlife and how our atmosphere is being destroyed by acid rain. STATISTICS Although there is very little data, the evidence indicates that in the last twenty to thirty years the acidity of rain has increased in many parts of the United States. Presently, the United States annually discharges more than 26 million tons of suffer dioxide into the atmosphere. Just three states, Ohio, Indiana, and Illinois are responsible for nearly a quarter of this total. Overall, two-thirds of the suffer dioxide into the atmosphere over the United States comes from coal-fired and oil fired plants. Industrial boilers, smelters, and refineries contribute 26%; commercial institutions and resid ences 5%; and transportation 3%. The outlook for future emissions of suffer dioxide is not a bright one. Between now and the year 2000, United States utilities are expected to double the amount of coal they burn. The United States currently pumps some 23 million tons of nitrogen oxides into the atmosphere in the course of the year. Transportation sources account for 40%; power plants, 30%; industrial sources, 25%; and commercial institutions and residues, 5%. What makes these figures particularly distributing is that nitrogen oxide emissions have tripled in the last thirty years. CAUSES Acid rain is a cancer eating into the face of Eastern Canada and the North Eastern United States. One of the main causes of acid rain is sulphur dioxide. Natural sources which emit this gas are volcanoes, sea spray , rotting vegetation and plankton. However, the burning of fossil fuels, such as coal and oil, are largely to be blamed for approximately half of the emissions of...

Kass on Medical Advancements essays

Kass on Medical Advancements essays Modern science presents may issues concerning human life. Leon Kass confronts the issue of immortality and prolonged life in his article, entitled Why Not Immortality?. Those involved in science hold the position that this could only benefit mankind. Kass, however, realizes the dangers involved in sciences position. He uses his article as a means of educating his readers on the possible problems, or at least to help them to think for themselves about the issue. Throughout the article, Kass poses questions, which will provoke his reader to think seriously about the so-called benefits of modern science. The fundamental question of the article seeks to understand whether longer life is truly an unqualified good (Kass, pp. 323). Kass article begins by looking at the specific cures that modern science is working on. There are three particular areas of scientific development that he deals with in the article. Firstly, he addresses the use of anti-aging cures, which are known as human growth hormones. Many people are currently using these hormones to help maintain their youthful vigor. Kass reports that, in a short time, these cures will become more affordable, allowing more individuals to take advantage of them. For those, who are more concerned with having new parts altogether; stem-cell research and cloning are working on their side. Thanks to these two areas of science, people can someday have the opportunity to replace old, unsuitable, worn-out body parts with freshly made ones. If this were possible, taking care of ones lungs, liver, or kidneys would be more of a financial matter than a matter of health. It is suggested that one other thing could stand in the way of a prolonged life. Scientists are currently researching the genetic switches that cause a person to age at the rate that they do. Once they discover, which genes are to blame, they can alter them to allow for prolo...

Historical Developments in Samsung YOUM flexible display Research Paper

Historical Developments in Samsung YOUM flexible display - Research Paper Example Like the predecessor model Samsung galaxy S, it was touch screen enabled and adopted a slate format android shape. It however had better improved hardware. It was a slim model with the exception of two bulges at the edges. It also offered High Definition Link allowing up to 1080 uncompressed video output. Samsung galaxy III was launched during this date. It carries the slogan a phone that is smarter than you. This is because it has a unique feature not present in other android phones of having an intelligent voice assistant and eye tracking capabilities. It also has bigger storage space and wireless charging ability. Samsung displayed two prototypes of 4.5 inch AMOLED display which are yet to be launched. This phone is the most unique of the Smartphone’s that have been released up to date by having a flexible unbreakable screen. This phone model is paper thin and can thus be folded twice like a paper or even be rolled into a tube. It has flexible OLED colored screens. The OELEDs which are chemical components require minimal light to produce colored screen. However, it is feared that this OLED screens may fail to work because the need to be kept away for oxygen which may not be possible. This is however seen as precursor to development of S 4 models with more advanced

Strategic Implications of IT Research Paper Example | Topics and Well Written Essays - 2500 words

Strategic Implications of IT - Research Paper Example This is due to the reason that technology has made the preparation, transfer, and dissemination of the information very economical. Therefore, the company and its people need to think and feel bigger coupled to having an apparent direction. However, above and beyond having the external environmental analysis, it has become vital and imperative to understand the organization from internal perspectives as well that is to assess the resources and its competitive position on a critical note. According to one of the well-known authors Robbins, â€Å"Every organization has strategies for doing what it’s in business to do† (2010, pp. 163). Strategic management in the present epoch has become one of the most significant elements of any organization. This is due to the reason that it aid in defining the administrating the planning, and everyday operations of the enterprise. Moreover, it takes account of employee job descriptions, planning and budgeting, and the overall operations goals and objectives of the enterprise. However, studies have provided evidence for the fact that with the implication of strategic management process, the companies are able to fulfill their processes in a much more efficient way than it used to be previously. This is particularly because it encompasses the evaluations, decisions, and actions that facilitate the organization in creating and upholding their competitive advantage (Bateman & Snell, 2010). In the twenty first century, the implication of strategic management more frequently comes under application in the field of information technology on a broad spectrum. Therefore, the primary and chief purpose of the report is to define the strategic implications of information technology in the upcoming years. Moreover, eBay is one of the major information technology organizations that would come under presentation with reference to the strategic implications under next three years. Furthermore, the current issues that eBay are going through and recommendations for the managers of IT would be the key highlighting concerns of the report. Background of the Topic EBay Inc. is one of the leading internet based consumer-to-consumer (c2c) organizations of United States of America that have come under establishment in the latter years of the

Religious Freedom and Human Rights Essay Example | Topics and Well Written Essays - 1500 words

Religious Freedom and Human Rights - Essay Example e of the International Covenant on Civil and Political Rights which guarantees and protects fundamental human freedoms, there are a lot of cases of their brutal violation. According to the International Religious Freedom Report for 2013, around 400 Shiite and 80 Christians were murdered during the attack of sectarians in Pakistan and are exposed to serious danger in Egypt, Saudi Arabia and Iran. Different religious minorities, including Hindus, are subjected to oppression and physical abuse in Bangladesh due to political instability in the country. Buddhist groups demolished churches and mosques in Shri Lanka. Falun Gong followers and Catholic clergymen were incarcerated and tormented in China (â€Å"International Religious Freedom Report,† 2013, p. 2). So, several questions arise: do people really have the freedom of faith and where lies the difference between religious liberty and religious extremism? The purpose of the paper is to define the concept of â€Å"religious freedom†. Further, it will analyze the impact of this notion on human rights. Also, it will evaluate the importance of religious freedom for the functioning of international system. Though it is popularly believed that religious freedom originated in Western culture, there is persuasive evidence indicating that this concept came from ancient Persia, Sumeria, Africa and China. In conformity with Persian Documentation and Hebrew Scriptures, around 2,600 years ago Cyrus the Great implemented the policy of adopting tolerant attitude towards people of different religions. This regime restored Jewish outcast’s right of returning to their fatherland. Other holy texts pointed out that there must not be any coercion in religious beliefs (Hertzke, 2012, p. 109). Freedom of religion is universally acknowledged to be one of the fundamental human rights. It is stated in different declarations of the United Nations Organization, international agreements and national legislation. Article 18 of the

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 2) Review letter 3) Audit opinion 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. LEGAL EAGLES, LLP [ 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