Wednesday, October 30, 2019

Skills for Academic Learning in Law Essay Example | Topics and Well Written Essays - 1000 words

Skills for Academic Learning in Law - Essay Example FORMATIVE ASSESSMENT 2: 40101/02 1. HARD COPY RESEARCH a. FIND THE CASE OF REVILL v NEWBERY [1996] GIVE THE CITATION FOR THE CASE AND EXPLAIN WHAT IT MEANS BRIEFLY STATE WHAT THE LEGAL ISSUES IN THE CASE ARE Citations are in two forms. One is the paper form and the citation for the above case in paper form is: Revill v Newbery [1996] 1 All ER 291 and it contains the following: 1. the heading of the case; 2. the number of the volume; 3. number of pages; and 4. the year in which the case was decided. Several cases decided by the courts are not printed. The reason is to avoid the expenditure of typesetting and printing. Only very important cases are printed. When the cases decided by the courts were printed on the Internet an overflow of information ensued.This resulted in trying to find out a neutral way to cite a case. (World Legal Information Institute, WorldLII). This normally has the following informations: The year in which the case was decided The title of the court in an abbreviated form; and The number of the decision. Thus, the above case can be cited as: Revill v Newbery (1996) 2 WLR 239 Legal issues of the case: The issues in Revill v Newberry [1996] 1 All ER 291, is that an aged allowance possessor was sleeping in his hut with a scattergun, to put off thieves. On discovering the plaintiff, attempting to break in, he shot his gun via a hole in the shed, hurting the plaintiff. At first occurrence, the defendant effectively raised the justification of ex turpi to keep away from the claim. Conversely, the Court of Appeal approved the plaintiff's prayer, assenting that the defendant was neglectful to have shot blindly at body height, without a caution or even shooting a forewarning shot into the air, and that the response was...(World Legal Information Institute, WorldLII). The issues in Revill v Newberry [1996] 1 All ER 291, is that an aged allowance possessor was sleeping in his hut with a scattergun, to put off thieves. On discovering the plaintiff, attempting to break in, he shot his gun via a hole in the shed, hurting the plaintiff. At first occurrence, the defendant effectively raised the justification of ex turpi to keep away from the claim. Conversely, the Court of Appeal approved the plaintiff's prayer, assenting that the defendant was neglectful to have shot blindly at body height, without a caution or even shooting a forewarning shot into the air, and that the response was out of every section to the danger (http://www.lawteacher.net/tort-law/lecture-notes/liability-for-land-premises-lecture.php accessed on 27 October 2009). This case was filed by Mr. Major Dhillon for recovery of damages resulting in financial losses. The financial losses were due to a number of breaches of duty on the part of one or more of the defendant accountants. These accountants were his advisors between 1997 and 2004. Further Mr.

Monday, October 28, 2019

How My Brother Leon Brought Home a Wife Essay Example for Free

How My Brother Leon Brought Home a Wife Essay My brother Leon was returning to Nagrebcan from far away Manila, bringing home his young bride who had been born and had grown up in the big city. Father would not accept her for a daughter-in-law unless he taught her worthy to live in Nagrebcan. Father devised an ingenious way to find out, and waited for the result. She stepped down from the carretela of Ca Celin with a quick, delicate grace. She was lovely. She was tall. She looked up to my brother with a smile, and her forehead was on a level with his mouth â€Å"You are Baldo. † She said and placed her hand lightly on my shoulder. Her nails were long, but they were not painted. She was fragrant like a morning when papayas are in bloom. And a small dimple appeared momentarily high up on her cheek. â€Å"And this is Labang, of whom I have heard so much. † She held the wrist of one hand with the other and looked at Labang, and Labang never stopped chewing his cud. He swallowed and brought up to his mouth more cud, and the sound of his inside was like a drum. I laid a hand on Labang’s massive neck and said to her: â€Å"You may scratch his forehead now. â€Å"She hesitated and I saw that her eyes were on the long curving horns. But she came and touched Labang’s forehead with her long fingers, and Labang never stopped chewing his cud except that his big eyes were half closed. And by and by, she was scratching his forehead very daintly. My brother Leon put down the two trunks on the grassy side of the road. He paid Ca Celin twice the usual fare from the station to the edge of Nagrebcan. Then he was standing beside us, and she turned to him eagerly. I watched Ca Celin, where he stood in front of his horse, and he ran his fingers through its forelock and could not keep his eyes away from her. Maria—â€Å" my brother Leon said. Read more:  How My Brother Leon Brought Home a Wife by Manuel Arguilla Essay He did not say Maring. He did not say Mayang. I knew then that he had always called her Maria; and in my mind I said, â€Å"Maria,† and it was a beautiful name. †Yes,Noel† Now where did she get that name? I pondered the matter quietly to myself, thinking Father might not like it. But it was only the name of my brother Leon said backwards, and it sounded much better that way. â€Å"There is Nagrebcan, Maria† my brother said gesturing widely toward the west. She moved close to him. And after a while she said quietly: You love Nagrebcan, don’t you, Noel? Ca Celin drove away hi-yi-ing to his horse loudly. At the bend of the camino real where the big duhat tree grew, he rattled the handle of his braided rattan whip against the spokes of the wheel. We stood alone on the roadside. The sun was in our eyes, for it was dipping into the bright sea. The sky was wide deep and very blue above us; but along the saw-tooth rim of the Katayaghan hills to the southwest flamed huge masses of clouds. Before us the fields swam in a golden haze through which floated big purple and red and yellow bubbles when I looked at the sinking sun. Labang’s white coat, which I had washed and brushed that morning with coconut husk, glistened like beaten cotton under the lamplight and his horns appeared tipped with fire. He faced the sun and from his mouth came a call so loud and vibrant that the earth seemed to tremble underfoot. And far way in the middle of the fields a cow lowed soflty in answer. â€Å"Hitch him to the cart, Baldo,† my brother Leon said, laughing and she laughed with him a bit uncertainly, and I saw he had put his arms around her shoulders. â€Å"Why does he make that sound? † she asked. â€Å"I have never heard the like of it. † â€Å"There is not another like it,† my brother Leon said. I have yet to hear another bull call like Labang. In all the world there is no other bull like him. † She was smiling at him, and I stopped in the act of tying the vinca across Labang’s neck to the opposite end of the yoke, because her teeth was very white, her eyes were so full of laughter, and there was a small dimple high up on her right cheek. â€Å"If you continue to talk about him like that, either I shall fall in love with him or become very jealous. † My brother Leon laughed and she laughed and they looked at each other and it seemed to me there was a world of laughter between them and in them. I climbed into the cart over the wheel and Labang would have bolted for he was always like that, but I kept firm hold on his rope. He was restless and would not stand still. , so that ny brother Leon had to say â€Å"Labang† again, my brother Leon lifted the trunks into the cart, placing the smaller one on top. She looked down once on her high heeled shoes, then she gave her left hand to my brother Leon, placed a foot on the hub of the wheel, and in one breath she had swung into the cart. Oh, the fragrance of her! But Labang was fairly dancing with impatience and it was all I could do to keep him from running away. Give us the rope, Baldo,† my brother Leon said. â€Å" Maria , set on the hay and hold on to anything. † Then he put a foot on the left shaft and that instant Labang leaped forward. My brother Leon laughed as he drew himself up to the top of the side of the cart and made the slack of the rope hiss above the back of Labang. The wind whistled against my cheeks and the rattling of the wheels on the pebbly road echoed in my ears. She sat up straight on the bottom of the cart, legs bent together to one side, her skirt spread over them so that only the toes and the heels of her shoes were visible. Her eyes were on my brother Leon’s back; I saw the wind on her hair. When Labang slowed down, my brother Leon handed me the rope. I knelt on the straw inside the cart and pulled on the rope until Labang was merely shuffling along, then I made him turn around. â€Å"What is it you have forgotten now, Baldo? † my brother Leon said. I did not say anything but tickled with my fingers the rump of Labang; and away we went back to where I had in hitched and waited for them. The sun had sunk and down from the wooded sides of the Katayaghan hills shadows were stealing into the fields. When I sent Labang down the deep cut that would take us to the dry bed of the Waig, which could be used as a path to our place during the dry season, my brother Leon laid a hand on my shoulder and said sternly: â€Å"Who told you to drive through the fields tonight? â€Å"His hand was heavy on my shoulder, but I did not look at him or utter a word until we were on the rocky bottom of the Waig. â€Å"Baldo, you fool, answer me before I lay the rope of Labang on you. Why do you follow the Waig instead of the Camino real? † His fingers bit into my shoulder. â€Å"Father- he told me to follow the Waig tonight, Manong. Swiftly his hand fell away from my shoulder and he reached for the rope of Labang. Then my brother Leon laughed, and he sat back, and laughing still, he said: â€Å"And I suppose Father also told you to hitch Labang to the cart and meet us with him instead of the Castano and the calesa. † Without waiting forn me to answer, he turned to her and said, â€Å"Maria, why do you think Father should do that, now? † He laughed and added, â€Å"Have you ever seen so many stars before? † I looked back and they were sitting side by side, leaning against the trunks, hands clasped across the knees. Seemingly but a man’s height above the tops of the steep banks of the Waig, hung the stars. But in the deep gorge the shadows had fallen heavily, and even the white of Labang’s coat was chirped from their homes in the cracks in the banks. The thick, unpleasant smell of dangla bushes and cooling sun-heated earth mingled with the clean, sharp scent of arrais roots exposed to the night air and of the hay inside the cart. â€Å"Look, Noel, yonder is our star! † Deep surprise and gladness were in her voice. Very low in the west, almost touching the ragged edge of the bank, was the star, the biggest and brightest in the sky. I have been looking at it,† my brother Leon said. â€Å"Do you remember how I would tell you that when you want to see stars you must come to Nagrebcan? †. â€Å"Yes, Noel,† she said. â€Å"Look at it she murmured, half to herself. â€Å"It is so many times bigger than it was at Ermita beach. †The air here is clean and free of dust smoke. † So it is Noel,† she said,drawing a long breath. â€Å"Making fun of me, Maria? â€Å"She laughed then, and they laughed together and she took my brother Leon’s hand and put it against her face. I stopped Labang, climbed down, and lighted the lantern that hung from the cart, and my heart sang. Now the shadows took fright and did not crowd so near. Clumps of andadasi and arias flashed into view and quickly disappeared as we passed by. Ahead, the elongated shadow of Labang bobbled up and down and swayed drunkenly from side to side, for the lantern rocked jerkily with the cart. â€Å"Have we far to go yet, Noel? † she asked. â€Å"Ask Baldo,† my brother Leon said,†we have been neglecting him. † â€Å"I am asking you, Baldo,†she said. Without looking back, I answered, picking my words slowly: â€Å"Soon we will get out of the Waig and pass into the fields. After the fields is home – Manang. â€Å"So near already. † I did not say anything more, because I did not know what to make of the tone of her voice as she said her last words. All the laughter seemed to have gone out of her. I waited for my brother Leon to say something, but he was not saying anything. Suddenly he broke out into song and the song was â€Å"Sky Sown with Stars† –the same that he and father sang when he cut hay in the fields of nights before he went away to study. He must have taught her the song because she joined him, and her voice flowed into him like a gentle stream meeting a stronger one. And each time the wheel encountered a big rock, a voice would catch in her throat, but my brother Leon would sing on, until, laughing softly, she would join him again. Then we were climbing out into the fields, and through the spokes of the wheels the light of the lantern mocked the shadows. Labang quickened his steps. The jolting became more frequent and painful as we crossed the low dikes. â€Å"But it is so very wide here,† she said. The light of the stars broke and scattered the darkness so that one could see far on every side, though indistinctly. You miss the houses, and the cars, and the people and the noise, don’t you? † My brother Leon stopped singing. â€Å"Yes, but in a different way. I am glad they are not here. † With difficulty, I turned Labang to the left, for he wanted to go straight on. He was breathing hard, but I knew he was more thirsty than tired. In a little while , we drove up the grassy side onto the camino real. â€Å"-you see,† my brother Leon was explaining, â€Å"the camino real curves around the foot of the Katayaghan hills and passes by our house. We drove through the fields, because- but I’ll be asking father as soon as we get home† â€Å"Noel,† she said. Yes, Maria. † â€Å"I am afraid. He may not like me. † â€Å"Does that worry you still, Maria? † my brother said. â€Å"From the way you talk, he might be an ogre, for all the world. Except when his leg that was wounded in the revolution is troubling him, Father is the mildest tempered, gentlest man I know. † We came to the house of Lacay Julian and I spoke to Labang loudly, but Moning did not come to the window, so I surmised she must be eating with the rest of her fam ily. And I thought of the food being made ready at home and my mouth watered. We met the twins, Urong and Celin, and I said â€Å" Hoy,† calling them by name. And they shouted back and asked if my brother Leon and his wife were with me. And my brother Leon shouted to them and then told me to make Labang run; their answers were lost in the noise of the wheels. I stopped Labang on the road before our house and would have gotten down, but my brother Leon took the rope and told me to stay in the cart. He turned Labang into the open gate and we dashed into our yard. I thought we would crash into the bole of the camachile tree, but my brother Leon reined in Labang in time. There was light downstairs in the kitchen, and Mother stood in the doorway, and I could see her smiling shyly. My brother Leon was helping Maria over the wheel. The first words that fell from his lips after he had kissed Mother’s hand were: â€Å"Father – where is he? † â€Å"He is in his room upstairs,† Mother said, her face becoming serious. â€Å"His leg is bothering him again. † I did not hear anything more because I had to go back to the cart to unhitch Labang. But I had hardly tied him under the barn when I heard Father calling me. I met my brother Leon going to bring up the trunks. As I passed through the kitchen, there were Mother and my sister Aurelia and Maria, and it seemed to me they were crying, all of them. There was no light in Father’s room. There was no movement. He sat in the big armchair by the eastern window, and a star shone directly though it. He was smoking, but he removed the roll of tobacco from his mouth when he saw me. He laid it carefully on the windowsill before speaking. â€Å"Did you meet anybody on the way? † â€Å"No, Father,† I said. â€Å"Nobody passes through the Waig at night. † He reached for his roll of tobacco and hitched himself up in the chair. â€Å"She is very beautiful, Father. â€Å"Was she afraid of Labang? † My father had not raised his voice, but the room seemed to resound with it. And again I saw her eyes on the long curving horns and the arm off my brother Leon around her shoulders. â€Å"No, Father, she was not afraid. † â€Å"On the way-â€Å"â€Å"She looked at the stars, Father And Manong Leon sang. † â€Å"What did he sing? † â€Å"Sky Sown with Stars. † She sang with him. He was silent again. I could hear the low voices of Mother and my sister Aurelia downstairs. There was also the voice of my brother Leon, and I thought that Father’s voice must have been like it when he was young. He had laid the roll of tobacco on the windowsill once more. I watched the smoke waver faintly upward from the lighted end and vanish slowly into the night outside. The door opened and my brother Leon and Maria came in. â€Å"Have you watered Labang? † Father spoke to me. I told him that Labang was resting yet under the barn. â€Å"It is time you watered him, my son. † My father said. I looked at Maria and she was lovely. She was tall. Beside my brother Leon, she was tall and very still. Then I went out, and in the darkened hall the fragrance of her was like a morning when papayas are in bloom.

Saturday, October 26, 2019

The Lost Voice (or I Think This Essay Belongs in This Book) :: Essays Papers

The Lost Voice (or "I Think This Essay Belongs in This Book") You've heard about the dumb farmer who won a million dollars in a sweepstakes, haven't you? When he was asked what he was going to do with the money, he said he'd farm until it was all gone. And did you hear about that farm kid who went to the U of M? Her first reaction on her first day of school was, "Wow! This place could hold a lotta hay!" Years ago, no one could have told me that all of those "dumb farmer" jokes would seriously affect my confidence in my intelligence, abilities, and goals. I never knew what to think about those dumb farmer jokes at first because growing up around a whole bunch of farmers, I never met a dumb one. I just thought they must be somewhere else. When I transferred to St. Cloud State after one year at a small community college, however, I found out those dumb farmers were in my hometown . . . or at least that's what other people thought. And, on the other side of the coin, no one could have ever made me believe that growing up hearing "dumb city slicker" jokes would instill in me a fear of becoming one . . . and make me reject those who already are . . . and hate myself for wanting to be one anyway . . . . The difference between small farming communities and institutions of higher education probably wouldn't be considered a cultural difference. But as we slowly succeed in our attempt to put a clamp on racist, sexist, ethnocentric, and other such jokes, who is fighting the "dumb farmer" jokes and the "city slicker" jokes? Isn't there a voice fighting for a respect between these two groups as well? And if both groups think the other group is stupid, who is defining intelligence, anyway? And what happens when someone like me crosses the border and goes to the "other side?" Do you think about people from remote rural areas when you think about cultural diversity on a college campus? Honestly, I never used to, either, so it's OK if you don't . . . because even though I was raised in a rural community, I never saw myself as "culturally diverse." After all, "cultural diversity," in its most frequently used definition, implies diversity among races, ethnic groups, nationalities, or language backgrounds.

Thursday, October 24, 2019

Robert M Lafollette

Vocation: Politician- was youngest member of United States House of Representatives at age 29 in 1884, Senator of Wisconsin, Progressive party representative candidate (1912), one-time presidential candidate (1924). Lawyer- district attorney in Wisconsin; ran a successful legal firm in Wisconsin. Background: †¢Family: Born into a poor but respectable family in Dane County, Wisconsin. Father died eight months after Robert’s birth. Mother worked extremely hard to support her four children.Married Belle Case LaFollette and had 4 children including Robert M. LaFollette Jr. , and Philip Fox La Follette, both of whom followed Robert Sr. into politics. A gifted speaker, he considered pursuing a career in acting, but was instead driven to law by need to support family. †¢Education: Attended University of Wisconsin-Madison and University of Wisconsin Law School. He supported himself by teaching school and editing the school periodical at university. †¢Legal Life: Admitte d as an attorney into the Wisconsin bar in 1880.Within a year he had been elected district attorney of Dane County, Wisconsin. Was in United States House of Representatives for three terms, from 1884-1890. After tenure there, he returned to work at his prosperous legal firm. Become governor of Wisconsin in 1900. Moved from governor to United States Senate in 1906, where he served as an active member of the progressive division of the Republican Party until death in 1925. Disliked by many members of the Senate due to his non-conforming ways and fiercely honest manner.Defining Moment: A few months after his failure to earn re-election into Congress, LaFollette was approached by another state Republican leader who offered him a bribe to fix a court case against several former state officials (LaFollette did not accept). Contributions: As governor, he created corporate tax and implemented â€Å"The Wisconsin Idea†, a plan to use government as an agent of social and political refo rm. LaFollette worked on reforming taxes, railroads, banking, conservation, insurance, public service, and industrial problems.When Woodrow Wilson won the election in 1912, he adopted many of LaFollette’s political ideas. They worked together to create the Department of Labor and the Federal Trade Commission. LaFollette fought for higher work wages and better working conditions. He also advocated women’s suffrage and civil rights for ethnic minorities. His ideas impacted entire 20th century. They led to laws benefiting the working class and even larger changes during presidential tenures of Franklin Roosevelt, Harry Truman, and Lyndon B. Johnson.

Wednesday, October 23, 2019

Minority: United States and Minorities Essay

What do members of minority groups gain and lose as they undergo a process of assimilation the process by which minorities gradually adopt patterns of the dominant culture. As a minority you gain and lose it can be positive or negative. Every culture is different as we all know as a minority you have to adapt to the norms. As a minority you gain certain things such as learning a new language although it might be very difficult, given the right for a better education, being independence the right to do what you please. You might lose traditional food traditional behaviors, leaving family behind. However its normal. I experience most of these situation when I came here in a America as minority is was very difficult and a big change because as I aged I noticed and felt unwanted by majority of people living here you can tell by the negative stereotypes and discrimination But these situation happened around the world. When I came here I gained a self of independence going to school, working buying and things I desire to have, and going anywhere I felt like going. In contrast. iving in my country as woman I didn’t really have much independence although I was young I understand, but most woman went to school but usually they stay home they don’t work the man pays the bills buys everything needed for the house. I left my family behind but I also have family here and were all doing things to better our self in the future by going to school and become whoever we want to be that’s the beauty of America. According to Macionis â€Å" Minorities have two important characteristics. First, society imposes on them a distinctive identity, which may be based on physical or cultural traits. Second, minorities experience subordination. As this chapter shows, U. S. minorities typically have lower income, lower occupational prestige, and limited schooling. Class, race and ethnicity, as well as gender, are overlapping and reinforcing dimensions of social stratification. The Thinking About Diversity box on page 278 describes the struggles of recent Latin American immigrants to the Unites States. † (Macionis 277) As Macionis mentioned this is very true that minorities have lower income in my opinion it has a lot to do with racism which makes it hard to find a job and be able to sustain yourself and your family. As a minority in my nine family household most of us work but we still struggle to make ends meet. Also I thing as a minority in any country it’s very hard it takes years to adjust to the new culture and people. I think that some ways we can improve the contemporary American relation on a family level is to reach out to neighbors and community not being judgmental, get to know people as individuals not as a stereotype. At the community level/ school: join clubs or activities that are inclusive of all minorities. Town /cities policies: enforcing equal opportunity laws housing, availability for schools, support services. U.  S. government: funding to help minorities be successful here, visas to immigrate here All of these will help build relationship with minorities and see then as individual not a stereotype. In conclusion we do gain and lose certain things we admire by moving to a different country or region but having the advantage to experience different part of the world is exciting you learn new things each day. And no part of the world is perfect your always going to finds things you like or dislike about a place but as long as take advantage of knowing who you are and be yourself and learn to adopt to new things that’s all that matters.