JFK Assassination Essay Example for Free

JFK Assassination EssayIntroductionNovember 22, 1963 is considered one of the darkest twenty-four hourss in the biography of the United States. Dealey mall in Dallas, Texas was the setting for one of the most horrific moments ever captured on video, in what has become one of the most controversial topics in US history. The assassination of President John F. Kennedy has raised many theories ab break through what exactly happened that daylight in the fall of 1963. Many wonder if the lone gunmen hypothesis published by The Warren Commission is the truth, or wear yet was even possible? Other questions such as why was certain testify overlooked and in the teddy of the Presidents limousine and clothing, why were they washed and repaired before the proper probe could be performed on them? Many books typeset on been written on the subject of the JFK assassination, and I in fact would have to end up writing a book just to mention and demonstrate all of them. Simply to avoid t hat, I chose to discuss only a few topics and give my own two cents on what could have been done better to investigate the assassination of the 35th President of the United States. I first want to focus on the mishandling of critical present that many experts say would substantially answer certain questions. For modeling the mishandling of evidence that might have proven that thither was more than one shooter, and where exactly the shots came from. Second, I want to look at how that evidence would have doed in answering those questions and how they may have directed us towards a guilty suspect or suspects.I have hear investigators say that you only get one shot at a nuisance scene, and once it is gone, you never get a second chance to refashion it over ever again. Its important to keep that in mind as regards to the JFK assassination because the lack of proper investigating is what has lead to there being so many myths ab start the assassination becoming fact, and the truth slowly being drowned underneath. Obviously, I will not be able to solve this case today, but Id like to think that if I was given a fair and honest chance to be there in Dealey Plaza on the 22nd of November 1963, I could have provided our country the closure that its been looking for, for over 40 years now.Mishandled EvidenceVideo footage, eyewitnesses, firearm, bullets and casings, guard on the scene during the crime, and most important of all, they immediately had a suspect. So why couldnt the Dallas legal philosophy department solve the most infamous murder of the 20th cytosine? Disregarding all of the conspiracy theories and focusing on the crime scene investigation aspect, it seems that this case was all but in the bag when it was dropped into the lap of the Dallas police department. Poor mishandling of evidence seems to be the main contributor as to why so much speculation arises when the JFK assassination topic comes up.A famous supply from that day is of a detective hold ing up what at first was thought to be a German-make 7.65-caliber Mauser, but was later identified to be an Italian Mannlicher-Carcano 6.5-caliber carbine (Lancer, 1996). The interesting detail in this picture is that the detective is holding the Italian Mannlicher-Carcano with his b be hands. In an other(a) photo from that day, a different detective is move out of the Texas coach Book Depository with the rifle in his hand, and again is carrying the rifle with his bare hands. Now obviously since the rifle did belong to Lee Harvey Oswald, the Dallas police department was more than probably able to lift a fingerprint off it. But mere(a) procedures such as the proper handling of evidence is what can make or break an investigation, in this case the Dallas police department choose the latter of the two. In addition, another problem raised by poor mishandling of evidence was the Paraffin tests of Lee Harvey Oswalds hands and cheek.In his book Reclaiming History, Vincent Bugliosi says that the Dallas Police performed a paraffin test on Oswalds hands at the time of his interrogation to determine if he had recently fired a revolver and the results were positive, indicating the presence of nitrates from gunpowder residue on his hands (Bugliosi, 2007). But heres where the plot thickens, according to an online article written by Pat Speer earlier in the book Bugliosi said that the Paraffin Test was inconclusive on the grounds that the mere handling of a weapon may leave nitrates of the skin, even without firing it (Speer, 2007, para. 4). Even worse, later on in Pat Speers article titled Bugliosi Fails the Paraffin Test, Speers brings up the fact that even though the paraffin tests on Oswalds hands were positive, the tests on Oswalds cheek were negative.My point of all of this is simple if Oswald did fire a rifle that afternoon, and he did so with the intentions of being deadly accurate, common sense and simple logic tells us that he would have had to put the rifle up to his check in order to fire it accurately at his target. Even with little acquaintance of firearms or possessing any skills and or knowledge in using them, we can easily deduce that Oswald or any assassin for that matter would have had some form of gunshot residue on their cheek after accurately firing a rifle at President Kennedy. But the most frustrating and disheartening part of the investigation into the assassination of President Kennedy is the carelessness and maltreatment of the promethium. After President Kennedy was illegally transported form Parkland hospital in Dallas to Bethesda Naval hospital in Washington, the mishandling evidence and the lack of operating according to procedures by untrained staff and personnel continued. An example of this is that none of the doctors who performed the autopsy were trained on how to trace a bullets trajectory by dint of the human dead body (Ramsland, 2009).The pathologist, a Naval officer by the name of Commander James J. Humes wa s ordered not to do a full autopsy, kinda he was instructed to find the bullet lodged in President Kennedys body (Ramsland, 2009). More mistakes that are outlandish were made as the Commander burned his autopsy notes because they were covered with blood. And after only two hours, which is said to be an incredibly short amount of time for an autopsy, Commander Humes prepared President Kennedys body for embalming.Bad photos by an inexperience photographer, and poor X-rays didnt improve the situation either, examples of this are the photos of the query anguish that Kennedy suffered. The pathologist did not shave the hair virtually the insult consequently, the photograph of the area had poor visibility and almost no detail. Small and simple mistakes are contagious, and after time can add up into making a big difference. This was proven to be the case on that fateful day in Dallas.Redoing the Crime SceneI have pointed out many of the mistakes that were made during the investigation into the assassination of John F. Kennedy. Some of those mistakes may have been done intentionally others may have been made on accident, that is a topic of discussion for another paper. The questions now are, could those mistakes have lead to clearing up some of the mysteries surrounding the JFK assassination, and how could they have been corrected. In addition, can modern day technology rise above those mistakes and produce a clear and definitive answer into the JFK assassination. I think we can agree that the mishandling of the rifle and the inconclusiveness of the Paraffin tests are easy mistakes to correct, thats pretty much CSI 101 stuff. However, the investigation gets tricky as regards to the autopsy and the procedures that necessitateed to followed there. First, trained and experienced pathologists needed to be do the procedure, and need to perform the full autopsy, y-incision and all. Proper notes and sketches of the procedure need to made and kept on record, as well as the determination of whether a wound is an entrance or exit wound.I bring this point up because Commander Humes was unable to determine which wounds were the exit and which were the entrance wounds (Ramsland, 2009). Appropriate photos of the autopsy need to be taken, and the basic process for taking the photos needs to followed so investigators can work with them later on. An example of this would be the photos of the fatal head shot wound and trying to make any determination from the photos. As I stated earlier, it is near impossible to draw any conclusions because the hair around the wound wasnt shaven as it was supposed to have been in order to enhance the detail and clarity of the wound.Unfortunately, we cannot go back and rework the crime scene or re-gather evidence in its original form. However, modern science and technology allows us the opportunity to take what evidence we do have and analyze it in slipway that werent possible back in 1963. Let us take bullet trajectory for example today, bullet trajectories are often determined and calculated using a computerized simulation to help in reconstruction. This method raises much debate, but at the same time, it has been useful in complicated cases. Whether it would be facilitative in this particular case can be debated all day long, but the fact remains that if the initial evidence from 1963 that we have is accurate, than this method of occasion the bullets trajectory is more than likely to deliver us the answers we are looking for.Finally, could new technology help us determine where the bullets came from? Was it the sixth floor of the Texas School Book Depository, or could the shots have come from the infamous lone gunmen on the grassy knoll? Using new technology, we have the potential of figuring this out by analyzing the bloodstain pattern in the limousine before it was cleaned and repaired. A team of experts brought together by the Discovery Channel has reproduced the JFK assassination. Using mode rn blood splashing analysis, new artificial human body surrogates, and 3-D computer simulations, the team determined that the sixth floor of the Texas School Book Depository was the most likely origin for the shot that killed the 35th president of the United States (Bland, 2008, para. 1).Experts simulated the assassination by recreating the scene as close as humanly possible to what happened that day in Dealey Plaza. After the simulation was complete, it was determined that most of the simulated body material had spattered forward into the car, consistent with a shot that entered the back of the head and exited toward the front (Bland, 2008, para. 10). This helps strengthen the theory that Lee Harvey Oswald was the only assassin that day in Dealey Plaza, and that he alone assassinated John F. Kennedy. This type of computer investigation has only been available for close to five years now, it is probable however, that criminologists will keep on making use of 3-dimensional crime sce ne reconstruction to help recreate events and gather evidence that a 2-dimensional picture alone cannot divulge. Unfortunately for us though, with so many mysteries surrounding the JFK assassination, even when evidence such as this seems to be as hard as concrete, many still find it hard to believe.ConclusionIt sometimes seems that we will never know what really happened that day in Dallas too many clouds have surrounded the assassination and made it incredibly difficult to understand the facts about what truly happened that day. Nevertheless, if we ignore the conspiracy theories and entirely look at the facts of the case we can conclude that it was mishandled from start to finish. I am no crime scene investigator, but I feel adept in saying that the men who investigated the assassination of John F. Kennedy did a lousy job, and the only good that could ever come from studying their mistakes is using them as example of what not to do. Mishandling of evidence, botched autopsy, and f ailure to follow in the most basic criminal investigation practices and procedures is what has lead to what should have been an open and shut case, turning into a long drawn out nightmare.We can easily look back and say the investigation should have been done this way, and the autopsy do that way, and that many of the errors that were made were elementary and the motives behind them questionable. However, we cannot go back, and instead of looking to the past for answers, we must look to the future for them. Technology has shed some new light on the investigation of the assassination of John F. Kennedy, and has pointed us in the direction to what more than likely happened that day. As stated earlier, the mystery surrounding the assassination of JFK is unprecedented, and no other case not even the assassination of Julius Caesar has so much secrecy, obscurity, and ambiguity been present. Will we ever know who murdered our former president and how? With the mishandling of the evidence pile up back in 1963, it just may turn out that we may truly never know.ReferencesBugliosi, V. (2007). Reclaiming History Norton, W. W. Company, Inc. Bland, E. (2008, November). Tech puts JFK conspiracy theories to rest. Retrieved October 12, 2009, from http//www.msnbc.msn.com/id/27705829Ramsland, K. (2009). The Magic Bullet. Retrieved October 1, 2009, from http//www.trutv.com/library/crime/criminal_mind/forensics/ballistics/4.html?print=yes Speer, Pat. (2007, July). Bugliosi Fails the Paraffin Test. Retrieved October 2, 2009, fromhttp//www.whokilledjfk.net/paraffin_test.htm(1996). Ballistic Evidence. Retrieved October 4, 2009, from http//www.jfklancer.com/photos/Rifle_Bullets/index.html

Graphic Organizers Essay Example for Free

Graphic Organizers EssayGraphic organizers argon wonderful tools for learners of all abilities in all grades. They help students to visually and clearly organize their opinions and ideas. Students are enabled to see connections and relationships between information, facts and terms. For ELL students and struggling readers, this is particularly useful because it aids with language issues and challenges in comprehension these students struggle with. It visually provides them with a broad picture of this head of information they are trying to learn as opposed to words and language. Introducing and organizing instructional content can be done in a merriment and simple way. I would begin with a simple fun math lesson that is on a more personal level. To introduce the lesson the first step should imbibe to the students the lessons purpose (how to cipher within your means), then explain its components (reason, solve problems, communicate, computation) and finally model its use (3 co lumn chart) together with the class. This leave alone ensure students upon) the material they are learning. The 5th grade class would be instructed to divide into 3 groups of 6. Each group will be assigned a budget of $60.00. I would then hand out menus to each group from a popular fast food restaurant (Wendys). Students in each group will order any item off the menu for lunch but within their group budget.They will itemize their choices on their worksheet and include quantity and centre amounts. Students will be aware that all deluxe meals come with french fries and a drink. Any state tax will not be configured for this lesson. Together we will input the information collected from each group onto the organizer. We will analyze, compare and discuss the decisions each group made with their selections and how tumesce they managed their budget. The graphic organizer will also help them reflect individually as they see the information unfold from this valuable tool. It is important for students to learn the conception of managing money and to learn to live within their means.

Community Review of Healthcare Services

Community Review of Healthc be ServicesCommunity ReviewDwayne PotenteauThe fraternity experience this term has increased my awareness of the social determinants that put on the population of the Comox v onlyey and Campbell River. While patients needfully in the hospital are addressed and managed, the ongoing care for the leaf node often extends prehistorical the hospital borders into the community and home setting. The change in the leaf nodes environment is based on the need to manage costs. The need to be in pecuniary matters responsible is of utmost importance if the wellness care constitution is to function for the immediate and long term future. One key piece to maintain fiscal responsibility is to move the customer from the hospital to their home. The change in environment has exposed gaps in client care with vulnerable populations. Most of the clients facing health challenges suffered from numerous social determinants, but finances that were imposed on their care wer e a common between the varying community experiences. This is ane of the main reasons for run from hospital to community. It is non a one sided view, as both the hospital and client do benefit in the discharge, as clients tend to heal or be more relaxed in their own environment.The verbal expression of my perception and how I am being perceived in order to develop my ability to expire with others is absolutely crucial help others in the community. I found in my experiences that obtaining information was not as easy as asking a question. I was always cognizant of how I am being perceived so that I could create trust even at the superficial level. The reason for the commodious relational component is that without the gained trust providing the comely avenues for care would be difficult. Many clients are referred to the community programs and thus without the accommodate relating to the client the care may not be received or the client may defer from treatment. In knowing the c lient, nurses can setup appropriate discharge support that meets the clients needs.Another aspect of the discharge is the ability to work with other interdisciplines. The transition from institutional to community care may present more complex patients that in the past, and thus nurses must(prenominal) be able to use other sources of knowledge. This was evident in home care nursing. Many of the resources in Campbell River can be utilized when preparing a client for discharge. Often nurses act as a medium between physicians, physiotherapists, social workers and dieticians term providing care for clients. Working with other disciplines allows nurses to understand potential problems and anticipate challenges forward to discharge.The ability to anticipate a clients needs is crucial to their care received in community. Without the adequate dialogue many of the services that a client could benefit from would not be available. It is up to nurses to work with the client to understand wha t is salient in their world, and if possible align services that can wait on in caring for the client. In understanding what is important a nurse should discuss near of the following (this is not an inclusive list but sooner just an overview)The actual community Where is their community located, and what are the physical boundaries (What are the sanitation/water issues?, Is there access to health care services/911? What are the safety hazards?)The Environment What are the most common or potential illnesses after discharge? Are there concerns regarding client immunization or proper access to nutrition? Is there an available transit system?Social System Are there resources available for the client to meet social needs?Client what strengths does the client have? What strengths do I as a nurse discharging the client perceive?One of the huge benefits most of if not all of the services I visited, would be to visit the client in their home. Most of the clients, outside of home care nursi ng forced the client to come into the hospital or department. This often posed a problem for clients as they could not make the trip due to the illness, or had no way to make the trip. If some of these services could provide home visits this would reduce the burden to the patients, but may increase costs on an already stressed out system. One portion that would benefit is education. The role of preventative health care is in my opinion is key to sustain our health care system. If we could inform to prevent even a single client from developing an illness such as diabetes, that would save the system money. The unfortunate tangibleity is that trying to give qualitative stats where the persons who determine where the financial support will go, often want to see empirical quantitative data. Prevention is difficult to show on a graph or pie chart.In this community experience I have found a few gaps in service even between districts. For example the quality and accuracy in accident mon itoring between Campbell River and Comox valley. Another facet is the hegemony that nurses experience between physicians and medical specialist. For example the nurses at the dialysis clinic can call physicians and help make decisions and work with the physician/specialist in Victoria, while the specialists at Nanaimo are not interested in working with the nurses and retain control over the aspects of care resulting in less nurse autonomy. The biggest gap in care comes directly from the health authority. In order to create qualitative data, the health authority had assigned a catamenia system for administering care. One point equates to 15 minutes. The point system is used as a cost measure for staffing. The problem lies in assessing how many points does a client need if they are multi symptomatic. The assessment often takes time and thus puts a great strain on nurses to provide meaningful, salient and proper care while trying to stay within their allotted point system.To address these issues in Campbell River and Comox, there is discussion on what barriers are impeding Comox Valley from administering superfluous tests for thump patients. The barriers could then be addressed and a potential solution discovered. On the issue of varying physician politics, I am not sure how to rig this issue other than address the concerns to the board of regulations (CRNBC to determine if there is any recourse or perhaps the nurses union for additional guidance or insight). On the topic of managing nursing hours using a point system there needs to be leniency in cases that do not fit the point system. Some patients are complex and thus may need additional time or resources. Neglecting the needs may result in relapse and having the client be reintroduced into the system which ultimately incurs additional costs and is counterproductive. Another point I discovered while at the Comox Valley Nursing Centre, was the gap in communication between clients and the programs and servi ces they were assigned to. Often marginalized clients (people who were forced to live on the street due to health or other social determinants) were very difficult to contact. These clients missed many appointments, even with specialists for whatever reason, and since they often did not have a phone, and could not be contacted. This left the nurse in a difficult situation of advocating for the client when a specialist wanted to drop the client for not showing up to appointments. To remedy this problem perhaps additional communication and education for the client or use of the phone while at the nursing centre may alleviate the current dilemma. Ultimately one of the most profound learning components was for addiction at the Comox Valley Nursing Center. A nurse had stated this mantra Addiction is a way to hide from the real problem, discover and treat the problem, you will treat the addiction.

Animal Farm: An Analysis

Animal Farm An AnalysisAnimal Farm is a tenderfangled based on the Russian Revolution, about a group of animals wanting to rebel against man. Snowball a smart, fair and strong attraction gets ruled all over by Napoleon, an unfair and selfish leader. This was the first error in the rebellion. Snowball would have defiantly made a discontinue leader than Napoleon. The reasons for this be that he educated the animals, had future economic plans and knew how to keep a fair and smart community.Snowball genuinely believes in overage Majors message of animal compare and shared sacrifice for shared gain, and so his ideas represent an attempt to create an equally working put forward. Although he shares the early luxuries of the pigs, such as the milk and apples which are kept from the other animals, he tries to make things better for the other animals with technological advances like the windmill.Napoleon on the other glove was a quite a contrary image, he was selfish cruel and corrup t. He would think of his and the pigs interest first and then that of the other animals and the farm. His way of notion was inequality, completely contrary to the teachings of the Old Major and the Seven Commandments. Napoleon can be equated to Napoleon Bonaparte for his high ambition and his rule by fear and force.This political satire gives acuteness into cardinal types of leadership the democratic, Snowball, and the narcissist, Napoleon. They were both leaders of the revolution that happened at the farm in the beginning of the story. Napoleon is seen as the quite one who spoke rarely and only when absolutely required. Snowball on the other hand was a charmer and was able to capture the attention of the crowd with his words. He was full of new ideas to improve the way of life in the farm. As history has proven a narcissist leader, for example Adolf Hitler, is never a good leader. For someone to find a good leader the person has to care about all of the people he is representi ng but when someone only cares about themselves they depart get under ones skin corrupt and soon their ruling will end terribly.Snowball was devoted to the commandments and encouraged the animals to follow it to the dot. He tries methods to improve the way the animals lived by starting non-homogeneous clubs and trying to teach the animals to meditate and write. Napoleon on the other hand just adopts a few pups and teaches them on private. No one in the farm knows what he is up to. A very important factor in their leadership of the farm was that they never agreed with each other. Whenever, Snowball came out with his set forth schemes to improve farm life Napoleon stood against it. However, most of the time Snowball was able to win over the support of the animals with his charismatic personality and play with words. He was able to win them over with comforting talk and some amount of reasoning. He tried to get the animals involved in the decision making through a voting system a nd thus had a more participative approach to running the farm.Napoleon on the other hand preferred to dictate and institutionalise things. He was not good at getting the animals on his side with his talk. Because he knew that he would not be in leadership of the farm will Snowball was around he got rid of Snowball. He uses another pig called Squealer to speak on his behalf and mislead the animals into believing that everything Snowball did was harmful. Squealer was as well as used to tell great tales about Napoleon. Napoleons autocratic style of leadership, with lies and tales leading the farm, leave the animals confused. However, they carry on with their work more stormily than ever. He is a narcissist who makes the animals work mainly for his own benefit.When a comparison is made between the leadership of these two pigs Snowball comes out as a democratic leader while Napoleon comes out as a dictator. Snowball came out with good ideas and always presented it to the animals for a vote. He is a leader who is able to raise the entire group, including himself, into higher levels of morality, motivation and motives. He raised the motivational level of the farm animals with his inspiring speeches and led them to work and turn on for liberty and the betterment of the farm in which he too actively participated. On the other hand Napoleon was corrupt and with false claims he labored his decisions on the animals. There was no voting or any suggestions taken from the animals. They were led to believe that everything that was happening was for their own good and made to do replicate work with lesser pay. Everything he did finally ended up in benefiting him and the pigs but not the other animals of the farm. Because Napoleon only cared about himself he could not become the greater leader on the farm. Snowball thought of all the animals as equal and helped the animals but Napoleon only corrupts the animals to get whatever he wanted. A narcissist style of leadership is never a good way to rule because sooner or later the people that the leader is ruling over will find out about his corrupt ways and kick the leader out of his ruling.Overall Snowball was a better leader than Napoleon. Snowball showed lots of the attributes of a good leader. He was a good speaker and listener, fair, gave constructive criticism and was a role model to the other animals. On Sundays when the animals had their meetings Snowball would give great speeches and make proposals on ways to make the Animal Farm a better place. He declared notes to make surely everyone agreed and listened to other peoples opinions. However, Napoleon eventually decided to cancel all Sunday meetings and make his own decisions without discussing. If animals spoke up and disagreed they would most likely be slaughtered by Napoleons guard dogs. This is against all morals of good leadership. Snowball also educated the animals so that they could come through more and teach their attached generations. Snowball was a much better leader than Napoleon because he enforced education whereas Napoleon thought it was unnecessary. Education is the key to nearly everything and if the animals could read and write they would be able to help out more on the farm and they would get a better understanding of what is going on. They could read books on how to run a farm and on the world as well and write things to other animals or people.The most important difference between these two animal leaders is not their behavior but their beliefs, Snowball believing in what could be described as Democratic Communism and Napoleon spare-time activity Dictatorship. This major difference between the ideas of these two pigs led to the abolishment and defaming of Snowball by Napoleon and his dogs. The time when Snowball was in Animal Farm the animals byword prosperity and peace, because their leader wanted to give the animals a better life than in that of Joness time. But Our Leader, comrade Napoleon(pg. 69 ) cared for no one else but himself and power, he gave the write down rations to the animals than what they received when Jones was their master. Earlier the animals used to vote on issues but with the expulsion of Snowball their voting rights and also the meeting on Sundays were abolished, their inspiration Beasts of England was forbidden, the animals were brought under bondage again without their knowledge.The opposing leaders in Animal Farm Napoleon and Snowball were always contrary to each other and had nothing in putting green other than the fact that they were both good leaders. Snowball has some lead over Napoleon in the sense that he was a much better speaker than Napoleon was and he knew how to convince the animals. He was an altruistic leader who showed courage and gave moral support to the animals. For an example, when Boxer had injured a stable hand and everybody thought he was dead Snowball cheered them saying, No sentimentality, comrade a war is war(Orwell pg. 49). He really believed that all animals are equal and acted and worked for the comfort of his comrades, he was a hero.Snowball is a careful and deliberate thinker and possesses a sharp intellect and talent for planning and design, the characteristics that Napoleon later takes advantage of. He is open to new ideas and not easily manipulated, again things that Napoleon cannot accept and reasons why he later drives him from the farm. His expertise is later seen as a panic by Napoleon who will continue to use him as a scapegoat after he drives him off the farm. Snowball has great ideas, he wants to commix and educate the animals. Snowball acts with great bravery and courage going into the Battle of Cowshed with great strategy and self-sacrifice. If we require a society of peace, then we cannot achieve such a society through violence. If we desire a society without discrimination, then we must not discriminate against anyone in the process of building this society. If we desire a society that is democratic, then democracy must become a means as well as an end.

The legal capacity

The legal energyCAPACITY TO pay backLegal aptitude is defined as the power provided down the stairs justice to a natural soul or juridical individual to make it into binding tackles, and to sue and be sued in its own name.In club to be bound by a tackle, a person must see the legal ability to form a lead in the first place. This legal ability is called capacity to campaign. both parties in a stimulate must have the requirement mental capacity to understand what they are doing. Under common faithfulness any oneness has the right to enter into a contract, except for kids, people with mental disability and also people who are under the settle of drugs or alcohol. For a person to avoid a contract on the ground of their incapacity, they must also show that they wished capacity to enter into a contract and that the other political party knew or ought to have cognise their incapacity.A person who is futile, due to age or mental impairment, to understand what she is d oing when she signs a contract may lack capacity to contract. For display case, a person under legal guardianship due to a mental defect completely lacks the capacity to contract. Any contract signed by that person is void. In other situations, a person may non completely lack the capacity to contract. The contract would then be voidable at the pickaxe of the party claiming incapacity, if he or she is able to prove the incapacity.INFANCYThe term infant differ from the term humble. In most cases, legal contracts are voidable if one of the detection party is a minor. The law states that an infant is not bound by the contracts he or she enters into except for the purchase of necessaries and for useful contracts of service, that is they would have to pay for the necessary goods and function that they consume. However, it is stated in the British Columbia Infants Act (RSBC 1996 c.223) that all contracts give the sacknot be implemented against an infant, regardless of whether it includes necessities and beneficial contracts of service. If on that point is a contract amidst an adult and an infant, adults are bound further infants can break away from the contract at their option, which means that the contract is voidable. The infants may endorse a contract once they have r apieceed a maturity age. In the case of executed contract, the infant cannot avoid debt if they have obtained advantages under the contract, except if what they obtained has no value. Any one of the party can apply to the dally upon the termination of contract.MINORSA minor generally cannot form an enforceable contract. A contract entered into by a minor may be set offed by the minor or by his or her guardian. After r all(prenominal)ing the age of majority (18 in most states), a person still has a reasonable period of metre to cancel a contract entered into as a minor. If, however, he or she does not cancel the contract within a reasonable period of time, the contract exit be conside red ratified, making it binding and enforceable. If you intend to enter into a contract with a person who is under the age of 18 geezerhood it is essential that you give that person the opportunity to consult with a suitable adult about their rights and responsibilities forwards concluding the deal. This will make it less likely for a dispute to arise about their capacity.A materialization person is generally bound to a contract for necessaries which includes food, medicine and clothing. Contracts for necessaries can also include contracts for education or employment. However, some other contracts will not be binding on a young person, including contracts for goods or services which are not necessaries and credit contracts. Based on the case study, John has the age capacity to enter into a contract as he is an adult. He was walking alone around SOGO Shopping Complex to do some window shopping. His age has got to be above 18 years old. This is because he is working, and this is i llustrated in the sentence as I was very busy with my work, I only managed to go to the shop a week later. vitrine example Nash v. Inman 1908 2 KB 1The defendant, a minor, purchased a number of waistcoats from the plaintiff. The issue was whether they were necessaries. The court held that the waistcoats were not necessaries as the minor had an adequate supply at the time of sale. It was held that two conditions had to be met before goods or services would be regarded as necessaries. First, the goods or services had to be suitable to the condition in life of the minor (e.g. a minor accustomed to living a life of luxury will have a different condition in life from a minor living in impoverished quite a little). Whether this was the case would depend on the type of lifestyle the minor in question was accustomed to leading. Second, the goods or services had to be suitable to the minors actual requirements at the time of supply. If the minor had an adequate supply of the relevant goods from another source, this requirement would not be satisfied. rational DISABILITYIn 1954 the High appeal dealt with the issue of a persons soundness of head word when involved in contractual dealings. The court held that it requires, in relation to each particular matter or piece of business transacted, that each party shall have such soundness of mind as to be capable of understand the general nature of what he is doing by his participation (Gibbons v. Wright (1954) 91 CLR 423).It follows that if a person is so drunk, mentally ill or senile that they have no idea that they are involving themselves in a contract, they will lack the necessary contractual capacity. If however, their mind is affected by their problem, but they are nevertheless alive(predicate) that they are involving themselves in a contract, the capacity to contract will probably exist unless the other party deliberately takes advantage of their weakness. (This is linked to the way in which the common law and eq uity deal with unconscionable conduct where a person takes advantage of a person with a disability). Contracts with intellectually impaired persons is void. Similarly, contracts with impulsive mental patients is void. Some types of mental disability may be sufficient to allow a person to repudiate a contract in authentic circumstances. primarily, the law is concerned with the lack of capacity arising from mental disability. For example, people who have schizophrenia may have delusions, but if they can manage their own occasional and business affairs and look after their personal finances, they may have the capacity to enter into contracts. The mentally disabled persons that the law protects are those who are unable to manage their own affairs or are unable to appreciate the nature and consequences of their actions. Provincial legislation provides that a person can be say to be unable to manage his or her affairs. If there has been such a judicial finding, contracts made after the judicial finding are void on the grounds that there is a lack of capacity to consent to the provisions of a contract. Contracts made prior to the finding may be voidable. However, if a person lacks capacity because he or she is unable to handle his or her affairs, but there has been no judicial finding, the contracts made are voidable at the option of the person who is mentally disabled. If the contracts are not repudiated, they are presumed to be enforceable.Case example York Glass Co. Ltd v. Jubb 1925 All ER Rep 285Jubb contracted to purchase the plaintiffs come with business. On the date ofcontracting, he was technically nutty and shortly thereafter was placed in a lunatic asylum.The receiver of his estate, who was appointed under a lunacy statute, repudiated thecontract. The plaintiff company sued for regaining, alleging the repudiation was wrongful. The court held that a contract entered by someone of unsound mind is validunless the impaired person can show that the othe r party was aware, at the time ofcontracting, that the impaired person was so insane that he was incapable ofunderstanding what he was doing. In this case, there was no evidence to show that theplaintiff company knew or suspected that Jubb had been insane at the point of contracting.The contract was valid and Jubbs estate had to pay damages for not performing the contract.UNDER THE INFLUENCE OF DRUGS OR ALCOHOLIf a person signs a contract while drunk or under the influence of drugs, can that contract be enforced? Courts are usually not very sympathetic to people who claim they were intoxicated when they signed a contract. Generally a court will only allow the contract to be avoided if the other party to the contract knew about the drinking and took advantage of the intoxicated person, or if the person was somehow involuntarily intoxicated (e.g. someone spiked the punch). The law will intervene in some circumstances where someone who is intoxicated enters into an agreement. toxic condition alone is not sufficient, but it can be a defence to enforcement by the sober party, and the intoxicated party may void the contract on the basis of his or her own intoxication in the following circumstances, that is firstly, the intoxicated party, because of the intoxication, did not know what he or she was doing. Secondly, the sober party was aware of the intoxicated state of the other party. Thirdly, upon becoming sober, the intoxicated party moved promptly to repudiate the contract. The basis for this approach is not that one party is drunk but that the other party might defraud the drunkard. Thus, steady where the sober party is not aware of the intoxicated state of the other party, if there is evidence of intoxication so that it may be presumed, the unfairness or one-sidedness of a contract might result in its being voided. This view moves the law toward a note that an unconscionable agreement permits the court to presume that the sober party had knowledge of the in toxication of the other party once there is evidence of intoxication.Based on the case study, when John bargained for the 6 seater dining set, he was not under the influence of alcohol or drugs. He was well aware of the bargain and he realised that he has entered into an agreement with Comfortable Furniture Sdn Bhd.Case example Matthews v. Baxter (1873) LR 8 Exch 132Baxter, while drunk, agreed at an auction to purchase a property. erst self-denial returned he decided that he wished to affirm the contract that had been made by him while drunk. Sometime later he had a change of mind and he sought to rescind the contract, arguing that he lacked capacity to enter the contract by reason of intoxication. The court held that because Baxter had confirmed the contract it was no eight-day open to him to avoid the contract on the grounds of intoxication. This was despite the fact that he had made out the necessary element of this defence.BANKRUPTCYBankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay its creditors. These individuals would not be able to pay their debts and fall asleep their status as creditworthy. Most states differ on the means whereby their outstanding liabilities can be treated as discharged and on the precise outcome of the limits that are placed on their capacities during this time. However, they are returned to full capacity after discharge. In the United States, some states have spendthrift laws where an irresponsible spender is claimed to lack the capacity to enter into contracts. Based on the case study, Comfortable Furniture Sdn Bhd has the business capacity to operate its business. This is because the company is not facing bankruptcy. Therefore, the company has the capacity to enter into a contract or agreement with John.SIGNIFICANCE WHY CONTRACTING PARTIES REQUIRE LEGAL CAPACITY TO ENTER INTO LEGALLY BINDING CONTRACTNot everyone is legally authorize to enter into contracts. Some pers ons, by their status, are presumed not to have the ability to enter into contracts or have limited rights to contract. prevention of fraud provides for formality requirements and the protection of persons who lack full capacity to enter into contracts. If there is no capacity, the incapacity party would become vulnerable and weak. If one party lacks the intellectual capacity to protect himself or herself, then the other party may act dishonestly during the bargaining process or takes advantage of a position of trust, or if the other party has expert knowledge of the subject matter of the contract that the weaker party cannot have and takes unfair advantage of that knowledge. Besides that, without capacity, the contract would be void. A contract is void when it involves minors. This type of contract will have no effect as it is not recognised by the court and parliament. Therefore, if there is no capacity, the contract would not be enforceable. The purpose here is to protect the wea ker party from the stronger and more able party. This class of persons who lack or have limited capacity to contract include minor and persons under mental disability. The general determine is that minors may not enter into contracts. The reason for this rule is that minors are presumed to be naive, inexperienced, and easily taken advantage of. So, some protection is required to avoid them from being cheated. The law also interferes in circumstances where someone who is intoxicated enters into an agreement. The basis for this approach is not that one party is drunk but that the other party might defraud the drunkard. The contract may not be legal if there is no capacity. If there is no capacity, people with mental disability, minors, and also those who are under the influence of alcohol or drugs would be allowed to enter into contracts. The people who have mental disability and under the influence of drugs or alcohol do not have the mental capacity to enter into contracts. They are unable to think well and they are not able to make a wise decision. So, if there is no capacity, the contract will lose its validity.Case example Mercantile Union Guarantee Corporation v Ball (1937)An infant haulage contractor who took a lorry on hire-purchase was held not liable for arrears of installments.Case example Cowern v Nield (1912)It was held that a minor who was a hay and straw merchant was not liable to fall the price of the goods which he failed to deliver.Case example Doyle v White City Stadium (1935)An infant boxer was held bound by a clause in his contract which provided for forfeiture of his prize money (as happened) he was disqualified. The contract as a whole was similar to apprenticeship.Case example Valentini v Canali (1889)A minor leased a house and agreed to buy some furniture, paying part of the price. After several months the minor left, and avoided the contract as he was entitled to do. He could not recover the payments which he made for the furniture, ho wever, because he had received some benefit from the contract.Case example Leslie Ltd v SheillA minor who lie about his age to obtain a loan could only be forced to return the cash he borrowed.Sheill failed to repay two cash loans he had obtained by falsely claiming to be an adult. The contract was not enforceable (not for necessaries) so the lender asked for restitution of the money on other grounds, including that Sheill had committed the tort of magic trick (fraudulent misrepresentation). The English Court of the Kings Bench held that Sheill could not be sued for deceit because that would make a minor indirectly liable for an unenforceable contract. The court could only order restitution if the lender could prove Sheill still possessed the actual notes and coins he had borrowed.Case example Roberts v Gray (1919)Roberts agreed to take Gray, a minor, on a billiard tour to instruct him in the profession of billiard player. Gray repudiated the contract. The court held that Roberts c ould recover damages despite the fact that the contract was executory.Case example Scarborough v SturzakerA bicycle was a necessary because the minor had only one and used it to travel to work. Sturzaker, a minor, cycled 19 kilometres to work each day. He traded in his old bicycle to Scarborough and made a part payment on a new one. Sturzaker repudiated the contract and refused topay the outstanding amount. The Tasmanian Court held that the bike was a necessary. Therefore, the contract was enforceable and Sturzaker had to pay the money owing.Case example Hart v OConnorThe Privy Council utter in Hart v. OConnor(1985) that an insane person who appears sane can rely on the independent and separate ground of unconscionability which relieves abnormal mental weaknesses even short of incapacity. Undue influence may also apply.Case example Peters v Fleming (1840)Held an expensive gold watch chain was a necessary for a rich young man. Point of law being that it depends on the status of the minor as to whether a luxurious item is deemed a necessary.Case example Chaplin v Leslie Frewin (1966)Contract was made to issue the autobiography of Charlie Chaplin held as binding as it allowed a minor to start to earn a living as an author.However if on the whole a contract is unreasonable, oppressive and not beneficial then it will not be binding.Case example De Francesco v Barnum (1890)A girl of fourteen was apprenticed to D for seven years in order to learn to dance. D was not obliged to maintain her, nor did he have to pay her unless he found engagements for her. charge when engagements were found, the rate of pay was very low. She could not obtain engagements for herself, nor was she allowed to marry, during the seven years. It was held that the contract was not binding upon the girl, as it was unreasonable, oppressive and not beneficial to her. Point of law is as above.Case example Gore v GibsonAdvanced the view that a contract for necessaries supplied to a drunk could no t be maintained if upon sobriety the contract was repudiated.Case example Hawkins v BoneThe action for breach of contract was brought by the vendor of land which was knocked down to the defendant at an action. The defendant purchaser pleaded in defence of his drunkenness but did not allege that the vendor or auctioneer knew of this condition. Pollock C.B., in directing the jury said the plaintiff was entitled to the verdict unless the defendant was in the state he describes himself to have been, that is wholly incapable of any reflective or deliberate act, so that, in fact, he was utterly unconscious of the nature of the acts he did, for example, having signed the contract and paid his money.Case example McLaughlin v Daily Telegraph LtdHolds that a power of attorney executed by a person while insane is void even in respect of actions that take place when the grantor has regain his sanity the actions that take place under the guise of the power of attorney are of no effect. Likewise , it is of no consequence that third parties act on the alkali of the deed. If, however, the power of attorney enables the lunatic and his dependants to benefit from obtaining a supply of necessaries, an account may be ordered in relation thereto even though the power of attorney itself is void. For the deed to be void, however, it must be shown that the signature is a mere mechanical act and the mind of the signor must not accompany the act.Case example Cf. Imperial Loan Co. v. Stone 1892the rule had in modern times been relaxed, and unsoundness of mind would now be a good defence to an action upon a contract, if it could be shown that the defendant was not of the capacity to contract and the plaintiff knew it.Case example Seaver v. Phelpswhich was trover for a promissory note, pledged by the plaintiff while insane, to the defendant, the Court were, on behalf of the latter, requested to charge, that although the plaintiff might have been insane at the time of making the contract, moreover that if the defendant were not apprised of that fact, or had no reason, from the conduct of the plaintiff or from any other source 380 was held entitled to a decree of foreclosure. It seems equally clean up that he is not liable when the other to suspect it, and did not overreach or impose upon him, or practice any fraud or unfairness, the contract could not be annulled.Case example Beals v. See.it was held that the administrator of a lunatic could not, in the absence of fraud or knowledge of his state of mind, or such conduct on the part of the lunatic from which his disease might fairly be inferred or suspected, recover back the price of merchandise sold to him, even though it was unsuited to the object for which it was purchased, and above market price.

The Exchange of Information Essay -- Internet Communication Technology

The Exchange of disciplineThe Internet is a telecommunications superhigh centering, a collective data of breeding for corporations, government institutions, private individuals, and universities. This branch of roads leads into nearly every corner of the globe. The superhighway, picks up potential travelers from far away places, exotic destinations, and interesting people. The internet keep transport you from one major destination to another quickly, then it also can detour you into a leisurely exploration. Like a superhighway, the internet carries spend and family traffic. Also traveling are both people who know precisely where they are going and those who are wandering. Government, educational, and business institution are also patronise travelers of the internet. In brief, the internet is an open road for anyone interested in a journey or for users who need a quick shortcut across the country. Information and communication are the main resource pools for the internet. The int ernet provides information, the raw data for which we need knowledge to decode or understand. Looking at the internet as a source of information leads us to ask if this information is a good. According to Websters Dictionary, a commodity is an article of trade or commerce which holds a value and use, especially a product distinguished from a service, like the internet. The internet provides wide variety of information to enhance our knowledge. This information matches this description of commodity because of the benefits being exchanged through this modern technology. Therefore, the internet represents the commodification of information through the commercialized, private, and government sector of our economy. To fully understand the significan... ... and government sectors, in some way or another. Individuals can profit through this trade of information on the internet, too, by increasing their knowledge and offering personal benefits. Information is a commercial product is as tr adable as the precious metals(GOLD). Works Cited 1.) Canter, Laurence, and Martha Siegel. How to Make a Fortune on the Information Superhighway. New York Harper Collins Publishers,1994 2.) Cook,William. The Joy of estimator Communication. Chicago Dell Publishing Co., Inc.. 1984 3.) Gilster, Paul. The Internet Navigator. New York John Wiley & Sons, Inc., 1993 4.) Mandel, Michael. The Digital Juggernaut. trading Week June. 1994 22+. 5.) Moore, Dinty. The Emperors Virtual Clothes. N.C. Algonquin Books of Chapel of Hill, 1995 6.) Verity, John. The Information Revolution. Business Week June. 1994 10+.

Listening Report Essay -- essays research papers fc

Concert Analysis Songs Around the WordI Offer Thee by Allen Ridout1.Gregorian chant consists of a single-lined melody and is monaural in schoolbookure. This piece in like manner consists of these basic structures as well as not having any harmory or counterpoint. This piece performed by U of I readiness member Steven Rickards, is sung a cappella.2.This piece differs from the traditional Gregorian chant of the Middle ages because of the jumps and leaps presented in the piece, which show that the piece was written after the period. Another apprehension it differs from chant is because this is plainchant rather than Gregorian. It is also sung in English, rather than the traditional Latin text. Ahavant Olam by Ben Steinburg3.Cantillation, according to the Harvard Music Dictionary, is to chant or enumerate (a liturgical text) in a musical monotone recitation or reading with musical modulations. One of its features is that the piece is straight out of the torah4.One of the master(p renominal) reasons why this piece has a Jewish tidy is it is in minor key, giving it the drama of a jewish piece. It also has a monotonic sound present. In some parts of the piece, the vocalist embellishes some of the long syllables, making it melismatic. Mizi Westra did a great job of bringing out the main idea of the text which is peace and love.5.The main role of the piano on this piece is to establish the melodic idea. The pianist, Amy Eggelston, lets the vocalist take over but makes it like they are sing together. The pianist plays just as an important role as the vocalist, making her not an accompanist. Leit etter livet by Christian Sinding6.I believe that the piece is talking nearly happiness and fulfillment. The piece is entitled Leit etter livet which translated means Seek after Life and Live it. The performer exemplifies this with his happy singing and the piano has an ascending line that also portrays happiness.Det forste by Edvard Grieg7.Mr. Samuelson interprets the p iece in a few ways. First, with his urgency. He displays his passion and oneness of the music. He uses lots of dynamics and also in some cases bends the pitch, which makes the piece more rice beering. He also displays a gre... ...he violin. It was raspy in nature and did not flow with the violin. What really impressed me about the duo of inquisition and Enzinger was their patience. They never rushed tempos and took their time with melodies, making the outcome a beautiful performance. The music was simple and could have been rushed but never did. Overall, this concert was precise well put together and the musicians were very classy and talented. I wish we had that many talented musicians here at this university. I would recommend this concert to anyone who has an interest in vocal music.BibliographySacred sound and social change liturgical music in Jewish and Christian experienceByLawrence A Hoffman Janet Roland Walton Notre snort University of Notre Dame Press, 1992.The Triu mph of Pierrot, The Commedia dellArte and the Modern Imagination, Martin Green and John Swan, rev.ed. 1993, Penn State Press.The Life of DebussyAuthor Nichols, Roger 184 pagesPub. Date Jun 1998, Publisher Cambridge Univ PressJoseph machlis,Kristine Forney. The enjoyment of music. 9th edition.Ww Norton and company, 2003. new yorkWebsters Music dictionary of music,