Sheppard v Maxwell essays

Sheppard v Maxwell expositions The spouse of Dr. Sam Sheppard(Marilyn Sheppard) was pummeled to death on July 4, 1954. She was found in the upstairs room of her home in Bay Village, Ohio. The town city hall leader called the neighborhood police, Dr. Sheppards brother(also a specialist) and the nearby neighbors. Neighborhood police prompted the nearby coroner and the Cleveland Police Department. At the point when the coroner showed up, he articulated Marilyn Sheppard dead, inspected Dr. Sheppard and took him to a clinic(run by Dr. Sheppard). Both Dr. Sheppard and the neighbors were researched by Cleveland police. Dr. Sheppard was later grilled while calmed in a medical clinic bed. He was additionally addressed with out the nearness of his lawyer. On July 7, the day of Marilyn Sheppards memorial service, the Sheppard family rejected prompt addressing and full collaboration. On July 8, Dr. Sheppard was served a summon and participated completely starting there on. The following day, he reenacted the night of his wife s murder for the coroner(Dr. Gerber), the police, and news reporters(from which there was a nitty gritty news throwing). July 20, first page article that Sheppard was pulling off homicide because of kinships, and recruited legal counselors. On July 26, Detective McArthur proclaimed that the wrongdoing scene was messed with. It was uncovered to police that Dr. Sheppard had an extramarital illicit relationships with a lady named Susan Hayes. He was at long last captured on July 30 at his dads home, summoned promptly and held over for a stupendous jury preliminary. August 17, Dr. Sheppard was prosecuted on the check of homicide. He discharged an announcement pronouncing his honesty the day after his arraignment. His preliminary began fourteen days before November General Elections. Boss Prosecutor was a possibility for judge, Judge Blythin(trial judge) was running for re-appointment. Jury determination began October 18, this was an exceptionally broadcasted preliminary which kept going just nine weeks. Dr. Samuel Sheppard was seen as blameworthy of homicide. ... <!

Brand Positioning Essay Example | Topics and Well Written Essays - 2500 words

Brand Positioning - Essay Example There is presently a solid accentuation on brand working through the express correspondence of a dream in the entire association where solid brands are more than insignificant trademarks that individuals perceive. In the age of a marking thought and usage of the equivalent to fabricate a brand profile, associations behind the solid brands have figured out how to manufacture a brand character. Brand personality should help build up a connection between the brand and the client by producing an offer including useful, passionate or self-expressive advantages (Aaker 1991). While the purchaser's conduct depends on a brand, and the purposes behind picking a related item may rely upon different variables including peer reference, peer endorsement, or other social factors past the immediate control of the brand's financial specialist, the brand's showcasing blend is certainly inside the speculator's control, and something that requests huge spending venture. Along these lines, speculator's and specialists are constantly worried about the genuine impacts and aftereffects of showcasing parts including commercial, deals advancements, and friends images - upon the customer's recognition and their outcome upon brand value. In the most recent decade, a ton of research has been devoted to conceptualizing and estimating client based brand value. Notwithstanding, aside from advancing different affecting elements, no integrative system has so far been created to represent the complex mental procedures hidden the arrangement of client based brand value. In this speci fic circumstance, this paper endeavors to propose such a system by drawing on the hypothesis of the Elaboration Likelihood Model. (Kotler, 1997) This has been right off the bat talked about on account of the Coca Cola Company. A soda monster, the Coca Cola organization moved its procedure from mass advertising to item assortment market and afterward to target promoting in order to oblige the developing business sector for soda items. Its methodology can be concentrated under the elaboration probability model as it needed to be a precursor in the market where soda pop brands were developing as time passes. The decision of the Elaboration probability Model was one that came straightforwardly from the shopper situated qualities of brand value and brand information. Elaboration Likelihood Model distinguished message importance as one of these variables. As indicated by this model, when message significance is high, people will effectively process and assess the data in the promotion while framing or evolving perspectives. (Aaker, 1991) When message pertinence is low, people won't effectively process the data in the ad, yet will rather depend on fringe message prompts to shape or change perspectives. Brand Identity is that component of client recognition and mindfulness which has its concentration in the consequences of a specific sort of projection through the brand value building measures. This requires an integrative model which will consolidate the essential components of the brand character and brand value ideas in order to make a stage for the viable conversation of the Elaboration L ikelihood Model. This has been of exceptional importance for the Coca Cola organization to the extent its attack into target market and item variety is concerned. (Kotler, 1997) An integrative mode

The First 2 Days After You Quit Smoking

The First 2 Days After You Quit Smoking Addiction Nicotine Use After You Quit Print The First 2 Days After You Quit Smoking By Terry Martin facebook twitter Terry Martin quit smoking after 26 years and is now an advocate for those seeking freedom from nicotine addiction. Learn about our editorial policy Terry Martin Medically reviewed by Medically reviewed by Sanja Jelic, MD on January 19, 2020 Sanja Jelic, MD, is board-certified in sleep medicine, critical care medicine, pulmonary disease, and internal medicine.   Learn about our Medical Review Board Sanja Jelic, MD on January 19, 2020 Brand X Pictures/Stockbyte/Getty Images More in Addiction Nicotine Use After You Quit How to Quit Smoking Nicotine Withdrawal Smoking-Related Diseases The Inside of Cigarettes Alcohol Use Addictive Behaviors Drug Use Coping and Recovery When you quit smoking, the health benefits begin within minutes of your last cigarette. According to the Surgeon General, physical improvements in your body begin  within the first hour of smoking cessation. Your Body Within the First 2 Days of Quitting Smoking At 20 Minutes After Quitting Blood pressure decreases.Pulse rate drops.Body temperature of hands and feet increases. At 8Hours Smoke-Free Carbon monoxide level in blood drops to normal.Oxygen level in blood increases to normal. At 24Hours Smoke-Free Chance of a heart attack decreases. At 48 Hours Smoke-Free Nerve endings start to regrow.Ability to smell and taste improves. Thats a lot of improvement for just 48 hours of smoking cessation. The Immediate Benefits of Quitting The chemicals in cigarettes affect you in more ways than you realize. When you quit and start to see changes in the discomforts youve been living with, like headaches, chronic sinus irritation,  and fatigue, for instance, you start to put two and two together.     Thats not to say that every physical ailment can be traced to tobacco use, but you will probably be pleasantly surprised at some of the changes that take place once you stop smoking. Best of all, this is just the beginning. You can look forward to many additional improvements in the days and months to come. Make the Decision to Quit and Stick to It It takes courage to put down that last cigarette and start smoking cessation. Most people feel an intense combination of fear and excitement leading up to their quit date. Feeling afraid to quit smoking is completely normal and is a by-product of nicotine  addiction. Dont let that fear paralyze you, however. Pick your quit date and stick to it. The benefits youll experience in the short and long term are well worth the work it takes to achieve. Breaking the Dependence Years of associating everything you  did in your life with  smoking created powerful links in the chain of psychological dependence you had on nicotine. You  thought  you enjoyed smoking.You convinced yourself that smoking calmed your nerves and helped you think more clearly.You thought of cigarettes as a friend, a companion, a buddy.You thought smoking helped you have more fun and enjoy life more fully. Logically, you  knew better, but addiction can make people rationalize and justify all kinds of crazy notions. You  (understandably) like the feeling of relief you get when the nicotine level in your bloodstream is replenished. From the time a cigarette is stubbed out until the next one is lit, smokers are in a state of physical withdrawal from nicotine. The more time between cigarettes, the more severe the withdrawal, resulting in edginess, inability to concentrate, and even feelings of depression. Its a vicious, never-ending cycle. That is an addiction, not smoking enjoyment. You dont think of smoking as enslaving and self-destructive when you first start, but over time addiction quietly teaches you that you are weak and powerless.  Most people want to stop long before they do. Support for Your Quit Program Support is a key ingredient to a solid quit smoking program. A  smoking cessation support forum  is a place to meet people who are going through what you are, or have been there and can offer constructive advice. Your resolve will be bolstered more  than you can imagine just by being around others who have the same goals you do. Remember that quitting tobacco is a process. It takes time. Your courage to take that first step and throw the butts away is a choice youll never regret making. Your life will improve a thousandfold when you have kicked tobacco out, once and for all. Youll have even more  benefits from two weeks to three months of quitting.

A Tort Law - Free Essay Example

Sample details Pages: 11 Words: 3232 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Cause and effect essay Tags: Tort Essay Did you like this example? Introduction Based on the question, Mark had suffered property damage due to the fire that was set by the youths. Therefore, we are required to advice Mark in respect of any claims he may have against various parties: the Amber Borough Council (hereinafter ABC), Chigley Services, Home Office, Justin and Jason, and the Fire Brigade. Technically, Mark could bring an action for economic loss under negligence and vicarious liability which are governed by the law of tort. Don’t waste time! Our writers will create an original "A Tort Law" essay for you Create order Since we are advising Mark to take an action for economic loss, we will be discussing pure economic loss before considering the potential liabilities of each party. Economic Loss First and foremost, the law of tort has always been willing to compensate losses resulting from tort that are described as economic with damages[1]. Generally, there are 2 types of economic loss: the consequential and pure economic loss. There is a case which illustrates the difference between the types of loss, Spartan Steel v Martin[2]. Here, the claimant was unable to carry out their operation due to the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s negligence and claim under three heads: firstly, the damage to the metal that was in the furnace at the time of the power cut; secondly, the loss of profit that would have been made on the sale of that metal; and thirdly, the loss of profit on metal which would have been processed during the time the factory was closed due to the power cut. A majority of the Court of Appeal held that the first two claims were recoverable as the first claim belongs to physical damage to property while the second claim categorized as economic loss arising from damage to property. However, the third claim was not recoverable as the court held that it was pure economic loss and due to policy reasons. Thus, pure economic loss is not recoverable as it does not result from damage to property or physical injury but rather claim through insurance by virtue of the case of Marc Rich v Bishop[3]. By referring back to the facts, it was found that the fire set out by the youths had caused damage to the neighbouring property including Markà ¢Ã¢â€š ¬Ã¢â€ž ¢s bakerà ¢Ã¢â€š ¬Ã¢â€ž ¢s shop. Therefore, it is likely that Mark would be able to claim for consequential economic loss. However, each partyà ¢Ã¢â€š ¬Ã¢â€ž ¢s tortious liability needs to be established first in order for Mark to be able to succeed in his claims. Justin Jason Based on the question, the youths who ha d broken into the disused school and set fire to it had been clearing rubbish from a neighbouring stream and were supposed to have been supervised by Justin and Jason, both of whom are Chigley Services employees. However, both of them had gone for a cigarette break and left the youths unsupervised at the time the break-in occurred. Thus, Mark could bring an action against them under negligence. As per Baron Alderson in Blyth v Birmingham Waterworks[4], he defines negligence as à ¢Ã¢â€š ¬Ã…“omission to do something, which a reasonable man, guided upon those considerations, which ordinarily regulate the conduct of human affairs, would do, or doing something, which a prudent and reasonable man would not do.à ¢Ã¢â€š ¬Ã‚ [5] Therefore, in order for negligence to be actionable, there are three main elements to be established as stated by Lord Wright in Lochgelly Iron Co v McMullan[6]: The defendant must owe the claimant a duty of care; The defendant must breach that duty of care; That failure must cause damage to the claimant and the damage is not too remote. Duty of care First and foremost, Mark must prove that both Justin and Jason owe him a duty of care. If he fails to establish this, his suit will be unsuccessful regardless of how careless the defendant is or the defendant carelessness that caused the damage. In regard to the establishment of duty of care, we are required to look into Lord Atkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s groundbreaking judgement in the early case of Donoghue v Stevenson[7]. In this case, Lord Atkin had developed the neighbourhood principle which states that the duty of care is owed to à ¢Ã¢â€š ¬Ã…“persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the act or omission called into questionà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ [8] Therefore, once the neighbour principle is satisfied, the person will be assumed to have duty of care towards the claimant. Despite a two-stage test was set down in Anns v Merton[9] after the case of Donoghue, in 1990, it has been overruled by Caparo v Dickman[10] which laid down the modern three part test and it was said to be the basic test for duty of care which is still applicable until today. Thus, in order to decide whether there was a duty of care, the court must now consider: Whether the consequences of the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s act were reasonably foreseeable; Whether there is a relationship of proximity between the parties; and Whether in all the circumstances it would be just, fair and reasonable to impose a duty Firstly, the defendant must have foreseen the risk of harm to the claimant at the time he is alleged to have been negligent. As stated by Lord Lloyd in Page v Smith[11], à ¢Ã¢â€š ¬Ã…“the test in every case ought to be whether the defendant can reasonably foresee that his conduct will expose the claimant to the riskà ¢Ã¢â€š ¬Ã‚ [12] By referring back to the question, Justin and Jason were supervising a group of youths from a young offenders institution, hence, it is reasonable to foresee that by leaving the youths unsupervised, it would expose Mark to a certain risk. Even though Justin and Jason might try to argue based on the case of Topp v London Country Bus[13] where the bus company did not owe a duty of care when leaving a bus unattended and joy riders stole the bus and injured the claimant. It is unlikely that they will succeed as the bus was not operating at that time. Secondly, Mark must prove that there is a relationship of proximity between him and the defendants. P roximity must be a legal one rather than factual proximity. Following the case of Sutherland Shire Council v Heyman[14], proximity could be said as involving the notion of nearness or closeness, a nexus or relationship; embracing physical proximity between the parties or their property; concerning proximity in relationships such as employer and employee or of a professional man and his client; including causal proximity in the sense of the closeness or directness between the course of conduct and the loss and injury sustained; or reflecting an assumption by one party of a responsibility to take care to avoid the injury, loss or damage to another, or where a party relies on such care. Based on the question, there is a relationship of proximity between Mark and the defendants as the bakerà ¢Ã¢â€š ¬Ã¢â€ž ¢s shop was located nearby the school. Thirdly, the court must consider whether it is just, fair and reasonable to impose a duty on the defendants. The test of fairness is closely associated and inevitably intertwined with the first two elements. Therefore, it is the judgesà ¢Ã¢â€š ¬Ã¢â€ž ¢ discretion to impose a duty of care if it is just fair and reasonable. Breach of duty of care After proving that there was a duty of care owed to Mark, he must now prove that Justin and Jason have breached the duty of care. The second element of the negligence refers to the standard of care that is appropriate to the duty owed. Therefore, when the party owing the particular duty falls below the standard of behaviour that is required that is required by the respective duty, breach of duty occurs. Before accessing in detail, we must first identify whether Justin and Jason is an ordinary or skilled defendant. Based on the question, it could be seen that they are ordinary person. Therefore, the appropriate standard of care would be based on reasonable manà ¢Ã¢â€š ¬Ã¢â€ž ¢s test and the conduct of Justin and Jason are measured against that of a reasonable person in the same circumstances. In deciding whether there was a breach of duty, the court will take into account the following four factors: the degree of risk involved, the practicability of taking precautions, the seriousness of harm and the social importance of the risky activity. In the case Walker v Northumberland[15], the courts held that the defendants was in breach of their duty due to failing to take reasonable steps to avoid psychiatric injury after knowing of the social workerà ¢Ã¢â€š ¬Ã¢â€ž ¢s likelihood to suffer a subsequent nervous breakdown. This could be a good illustration to the facts of the question because by applying it, Justin and Jason would be in breach of their duty of care for failing to take reasonable steps to avoid the risk involved since the youths had track records of juvenile behaviour to commit offences again. Causation After establishing the first two elements, the third element that needs to be established by Mark is the element of causation. In the ca se of Barnett v Kensington[16], the court adopted the à ¢Ã¢â€š ¬Ã…“but forà ¢Ã¢â€š ¬Ã‚  test in regards to factual causation. By referring to the question, it is certain that à ¢Ã¢â€š ¬Ã…“but forà ¢Ã¢â€š ¬Ã‚  the breach of duty of care by Justin and Jason the incident would not have occurred. Nevertheless, Justin and Jason might rely on novus actus interveniens by stating that the action of the youths, the fire brigade and the Amber Borough Council have break the chain of causation. It is highly likely that Justin and Jason will quote the case of Smith v Littlewood[17] stating that the youths broke the chain of causation by setting the fire. On the other hand, Mark could argue by distinguishing the facts in Smith as the cinema owners in that case did not know about previous acts of vandalism but on the facts the local residents reported that youths had broken into the site on a number of occasions. Remoteness of damage The final element of proof in negligence is whet her there is a causation in law, which also known as remoteness of damage. In order for Mark to succeed in claiming under negligence, it is essential for him to prove that the damage is not too remote. In the case of Wagon Mound 2[18], the court held that the defendants were liable even though the likelihood of harm was low, the seriousness of harm was high and it would have cost nothing to prevent it.[19] Therefore, by applying back to the case, it is highly likely that Justin and Jason would be held liable for the property damage suffered by Mark due to the seriousness of harm and the likelihood of the youths to cause damage. Even though Justin and Jason would argue based on the case of Wagon Mound 1[20] which lies the test of whether the damage is of a kind that was foreseeable and argue that the damage caused by the youths was unforeseeable, it is likely that they would fail. Thus, Mark would be successful in claiming from Justin and Jason. Chigley Services In order to act in the best interest of the client, we could advise Mark to bring an action against Chigley Services under the tort of vicarious liability to claim for damages since Justin and Jason are the employees of Chigley Services. This is because an employer will be in the best financial position to meet a claim rather than an individual and therefore, Mark would be able to claim a higher amount of damage. The tort of vicarious liability is a form of joint liability since an employer is being made liable for the tort committed by his employee. In pursuance of establishing vicarious liability, there are a few elements that need to be established. First and foremost, whether the person committing the primary tort is an employee; secondly, was there a tort that has been committed; and thirdly, was the tort committed in the course of employment or so closely connected to the employment. The court would refer to the Employment Rights Act 1996[21] in determining the employment status. It is no do ubt that Chigley Services is the employer of Justin and Jason and both of them had committed tort. Hence, the only issue that we need to consider would be whether the tort committed was in the course of employment. Mark would argue that both Justin and Jason had carried out an authorised act in an unauthorised manner by having a cigarette break owing to the case of Century Insurance v Northern Ireland Transport Board[22]. Per contra, Chigley Services could bring in the case of Hilton v Thomas Burton[23] to support their rebutment by stating that the tort was committed outside the course of employment and Justin and Jason were à ¢Ã¢â€š ¬Ã…“on a frolicà ¢Ã¢â€š ¬Ã‚ . Therefore, Mark would not be likely to succeed in claiming from Chigley Services by virtue of this case. Home Office Duty of Care Based on the neighbor principle in Donoghue, it is possible for Mark to bring his case against the Home Office to claim for economic loss under the tort of negligence. As discussed above, Mark needs to satisfy the four elements as required so that his claim would be successful. Therefore, the Caparo test would be used again to consider whether the Home Office owes Mark a duty of care. However, it must be noted that since the Home Office is a public authority and act under a statutory duty, the courts are withdrawn from imposing duty due to policy reasons. Policy Reasons The policy reasons are the main consideration for the courts to decide whether or not to impose liability. As stated by Winfield and Jolowicz, à ¢Ã¢â€š ¬Ã…“the court must decide not simply whether there is or is not a duty, but whether there should or should not be one.à ¢Ã¢â€š ¬Ã‚ [24] The liability of public authorities is subjected into misfeasance and non-feasance. In this case, it would be a non-feasance liability and the traditional approach is in the case of Home Office v Dorset Yacht [25] which is very similar to the present case. In Dorset, it was held that the Home Office owes a duty of care towards the claimant as they were in control of the 3rd party and was reasonably foreseeable that harm would result in their action. On the other hand, the Home Office could support their argument by using the case of Lamb v London Borough of Camden[26] as Lord Denning, for a unanimous court, rejects the Home Officeà ¢Ã¢â€š ¬Ã¢â€ž ¢s test for being too expansive and allowing damages to be assessed when they should not. He further stated that in all of these types of cases what really lies behind the judicial decisions is public policy.[27] Besides, the Home Office could reinforce their argument by stating that there was no sufficient proximity between Mark and the Home Office as per the case of K v Secretary of the State for the Home Department[28]. Hence, the court would not impose liability on the Home Office based on policy reasons. Fire Brigade Further, Mark could bring an action against the fire brigade under negligence. Without doubt, it is reasonabl y foreseeable that the fire would continue to spread and caused injury or property damage due to the negligence of the fire brigade and therefore the issue of proximity will be accessed. Based on the case of Hill v CC of West Yorkshire[29], the court will generally render insufficient proximity between public authority and general public. However, Mark could cite the case of Kent v Griffiths[30] to strengthen his argument that the fire brigade owed him a duty of care and there was sufficient proximity between the parties. In this case, Lord Reid stated that if a person who is foreseeable to suffer further injuries by a delay in providing an ambulance and there was no reason why it should not be provided, it is important in establishing the necessary proximity and duty of care in the case. On the other hand, the fire brigade would rely on the case of John Munroe v London Fire and Civil Defence Authority[31] to exclude liability. The fire brigade could distinguish Kent by stating that in the present case, the Amber Valley Fire Brigade was unavailable at that time, which means that they had other duties to carry out aside from Markà ¢Ã¢â€š ¬Ã¢â€ž ¢s. Besides, the other fire engine dispatched from Leicester who got lost because they put the wrong address in the sat-nav may be acceptable as they might be unfamiliar of Amber Valley. Thus, the court would discharge the fire brigadeà ¢Ã¢â€š ¬Ã¢â€ž ¢s liability due to policy reasons. ABC Last but not least, Mark could pursue an action under negligence to claim from ABC as well. The duty of care will be establish if Mark able to satisfy the Caparo test as discussed above. Since the site had broken into on a number of occasions, ABC could be found reasonably liable and there was sufficient proximity between the parties since the bakery shop was nearby the school. The question will lie on whether ABC had breach the duty of care. Mark could apply the case of Miller v Jackson[32] in contrast with Bolton v Stone[33] at his favor. Due to the site was broken into on a couple of times, the likelihood of injury would be high and therefore ABC would be in breach of duty. Besides, the à ¢Ã¢â€š ¬Ã…“but for testà ¢Ã¢â€š ¬Ã‚  also in favor of Mark because à ¢Ã¢â€š ¬Ã…“but forà ¢Ã¢â€š ¬Ã‚  the breach of ABC the youth would not have enter into the site and conduct any offences. However, ABC could challenge on the ground of legal causation and held that the damage done was too remote by relying on Wagon Mound 1. Thus, Mark would be likely to fail in his claim. Conclusion In a nutshell, Mark could pursue an action against these parties but he will only be successful in claiming damages from Justin and Jason. 1 [1] Catherine Elliott Frances Quinn, Tort Law ( 7th edition, Pearson Education Limited 2009 ) pg.27 [2] Spartan Steel Alloys Ltd v Martin [1972] 3 WLR 502 [3] Marc Rich v Bishop Rock Marine [1996]1 AC 212 (HL) [4] Blyth v Birmingham Waterworks Company [1856] 11 Ex Ch 781 [5] Ibid. [6] Lochgelly Iron and Coal Co. v. McMullan [1934] AC1, 25 [7] Donoghue v Stevenson [1932] UKHL 100 [8] Ibid [9] Anns v Merton London Borough Council [1978] A.C. 728 [10] Caparo Industries plc v Dickman [1990] UKHL 2 [11] Page v Smith [1995] UKHL 7 [12] Ibid [13] Topp v London Country Bus (South West) Ltd [1993] CA [14] Sutherland Shire Council v Heyman (1985) 157 CLR 424 [15] Walker v Northumberland County Council [1995] IRLR 35 [16] Barnett v Chelsea Kensington Hospital Management Committee [1968] 1 All ER 1068 [17] Smith v Littlewoods Organisation Ltd [1987] UKHL 18 [18] Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. 2) [ 1967] 1 AC 617 [19] Available at https://www.e-lawresources.co.uk/The-Wagon-Mound-No-2.php accessed 17th January 2014 [20] Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd or Wagon Mound (No. 1) [1961] UKPC 1 [21] Employment Rights Act 1996 [22] Century Insurance Co v Northern Ireland Road Transport Board [1942] AC 509 [23] Hilton v Thomas Burton (Rhodes) Ltd [1961] [24] Chris Turner Sue Hodge, Unlocking Torts (3rd edition, Hodder Education, 2010) [25] Home Office v Dorset Yacht Co Ltd [1970] UKHL 2 [26] Lamb v London Borough of Camden [1981]2 All ER 408 (CA) [27] Ibid [28] K v Secretary of the State for the Home Department [2002] EWCA Civ 983 [29] Hill v Chief Constable of West Yorkshire [1988] 2 WLR 1049 [30] Kent v Griffiths [2000] 2 All ER 474 [31] John Munroe v London Fire and Civil Defence Authority [1997] QB 1004 (CA) [32] Miller v Jackson [1977] QB 966 [33] Bolton v. Stone [1951] AC 850, [1951] 1 All ER 1078

I Have A Dream By Martin Luther King - 1016 Words

Speeches come in all shapes and sizes, some good, some bad, some motivational and some inspirational. The one thing I can tell you there is always a few that will linger and stick around in your head. These speeches go through history as being remembered and studied for decades. A few that come to mind happen to be â€Å"I have a dream† by Martin Luther King, â€Å"Never give up†¦Don’t ever give up,† by Jimmy Valvano and â€Å"You’ve got to find what you love,† by Steve Jobs. Each and every one of these speeches was written by men who were challenged to make difficult decisions in their lives which would inadvertently affect their future in one way or another. The most current speech of the four is Steve Jobs’ â€Å"You’ve got to find what you love.† His speech targets college graduates of the 21st century. After listening to Steve Jobs’ speech, I understand what he is expressing. At the beginning of his speech, he shares that he, unlike the graduates, never graduated from college; he dropped out after 6 months. Additionally, he reveals information about himself throughout the speech, such as being adopted, and the fascination for calligraphy. At the age of 20, Steve and a friend created Apple, a computer company in his parent s garage, later to be fired from his own company. But of course that did not stop Jobs; he ended up creating two more companies called NeXT and Pixar. Presumably, the scariest time in his life started when he was diagnosed with an incurable pancreaticShow MoreRelatedI Have A Dream By Martin Luther King876 Words   |  4 PagesCivil Rights I Have a Dream by Martin Luther King, Jr was a speech given on August 28, 1963. The speech took place on Lincoln Memorial in Washington, D.C. where thousands of blacks and whites joined together to listen. 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His demand for racial justice andRead MoreI Have A Dream By Martin Luther King Jr.945 Words   |  4 Pagesâ€Å"I Have A Dream† Martin Luther King Jr. is one of the most famous civil rights activists in the history of the United States. He gave several important speeches and promoted non-violent protests. His most famous speech was â€Å"I Have A Dream†, around a quarter of a million patrons, black and white, attended this empowering speech at the March on Washington on August 28, 1963. The reason his speech was vastly successful in the movement against segregation and injustice was because of its repetitivenessRead MoreI Have A Dream By Martin Luther King Jr.915 Words   |  4 Pagescounterparts. Martin Luther King Jr. represents himself, his family, and an enormous body of minorities in America as he prepares to address the country in regards to equality and respect for all. Coming from a time where only years prior black and brown people were owned as property and often regarded as animals, King changed race relations in America by standing as a liaison between his community of colored individuals and a governing body of mostly Caucasian individuals. I Have a Dream is an openRead More`` I Have A Dream `` By Martin Luther King Jr.1378 Words   |  6 Pagesreasoning are known as cognitive biases and they allow us to unknowiThirty years after the events of To Kill a Mockingbird, Martin Luther King Jr said in his defining â€Å"I Have a Dream† speech, â€Å"I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.† Maycomb would have benefitted from this message as repeatedly characters are reduced to their skin color, logic falling to the wayside as thoughtlessnessRead MoreI Have A Dream By Martin Luther King Jr.909 Words   |  4 PagesWhen I think about what one person can do in the times of the Civil Rights Movement, I think of Martin Luther King Jr. because he was such a big icon back then. Martin Luther King Jr. was a Baptist minister and social activist. He led the Civil Rights Movement in the United States from the mid-1950s, until he was assassinated in 1968 and will always be remembered by his famous speech, â€Å"I Have a Dream†. To me, he has reminded me of other people I’ve watched through movie films, and in a story I’veRead MoreI Have A Dream By Dr. Martin Luther King Jr.1102 Words   |  5 PagesAmericans we have been unable to embrace this concept without severe punishment. From being sprayed with high powered water hoses to being brutally beaten by those that are supposed to protect and serve. In the speech, I Have A Dream by Dr. Martin Luther King Jr., he elaborates on the fight African Americans have endured and sets the path for freedom and equality while We Shall Overcome by L.B Johnson speaks on providing equality for all Americans. According to Dr. Martin Luther King Jr. speech, â€Å"I Have

Protestant Reformation and Hamlet S Character Free Essays

To Do or Not To Do? How many times does one find themselves shirking responsibilities they accepted, or avoiding promises they made? One who often finds himself in such situations, will most likely be able to relate with William Shakespeare’s character, Hamlet. In Hamlet, Hamlet is commanded by his father’s ghost to avenge his murder. Whenever Hamlet is presented with an opportunity to do so, he delays his action. We will write a custom essay sample on Protestant Reformation and Hamlet S Character or any similar topic only for you Order Now Hamlet’s inability to act is a product of the time period during which the play was written. Shakespeare wrote Hamlet during the 1600s in Elizabethan England, during the time of the Renaissance and the Reformation. The Renaissance and Reformation’s belief in ghosts, ways of thinking, views on revenge, and doubts about the afterlife cause Hamlet’s inability to act on his father’s request. The effects of the Renaissance and the Reformation on Hamlet’s character, are manifest even before he meets the ghost. Formal mourning was taken seriously during the Renaissance, and most had people heeded a custom (which was usually upheld by a law) which forbade a widow to remarry earlier than a year following the death of her husband. In the start of the play, following his father’s death and his mother’s hasty remarriage, Hamlet enters with his suit of black, complete with mourning cloak and hood. At this point, Hamlet is already established as a Renaissance figure. Furthermore, Hamlet asks Gertrude and Claudius if he can return to university. Gertrude replies â€Å"go not to Wittenberg† (1. 2. 119). Hamlet studied at Wittenberg, a center of the Reformation. Hamlet’s past behavior gives evidence that he is affected by the Renaissance and the Reformation. The effect that the Renaissance and Reformation have on his actions is most apparent in his inability to avenge his father’s murder. Hamlet learns from the ghost of his father that his death had been a murder, and that â€Å"the serpent that did sting thy father’s life now wears his crown† (1. 5. 46-47). The ghost asks Hamlet to â€Å"Avenge his foul and most unnatural murder† (1. 5. 26). Hamlet is eager to undertake this responsibility, and says â€Å"Haste me to know’t, that I, with wings as swift / As mediation or the thoughts of love / May sweep to my revenge† (1. 5. 30-32). But in actuality, Hamlet rethinks his commitment, and procrastinates. One instance of Hamlet procrastination is when he decides that he will not kill Claudius until he has actual proof of Claudius’s crime. Hamlet presents Claudius with a play. One sene of the play â€Å"comes near the circumstance,† (3. 2. 76) it’s plot is similar to Old Hamlet’s murder. Hamlet tells Horatio to â€Å"Observe mine uncle. If his occulted guilt / do not itself unkennel in one speech† (3. 2. 79-80). Hamlet wants Horatio to detect any sign of Claudius’s remorse or guilt. Why does Hamlet suddenly begin to doubt the reality of the ghost? Hamlet’s uncertainty is due to his protestant upbringing. â€Å"[Hamlet] attended Wittenberg, a Protestant school . . . and Protestants did not believe in ghosts† (Neuman). The Reformation had given rise to a new faction of the Church, the Protestants. Hamlet was educated by Protestants, who didn’t believe in ghosts, therefore he is reluctant to accept the ghost’s message. Hamlet’s hesitation to believe the ghost can also be related to Renaissance skepticism. Renaissance humanism and individualism, emphasized the belief in human reason, and Humanists started challenging and questioning the world around them. Hamlet is affected by Renaissance skepticism, and therefore is suspicious of the ghost’s reality. Another obstacle that stood in the way of Hamlets revenge was the opposition of the church and state, of Renaissance English, to taking revenge. The state viewed revenge as taking the law into one’s one hands and undermining the political authority of the state. They felt that the right and correct response to the original crime would be to allow the legal system to take over. The church disproved of revenge because they considered it disgraceful and a result of jealousy and hatred. In their opinion, God was the ultimate avenger. Hamlet’s struggles between society’s opposition to revenge and his own personal desire to avenge his father’s death. The belief of the afterlife is another cause for Hamlet’s inaction, lies in. The Protestant Reformation caused many debates about the existence of Purgatory and the road to Heaven. Catholics believe that â€Å"how we behave – will determine where in the afterlife you will eventually end up† (Zammit). One who dies in â€Å"God’s grace and friendship and [is] perfectly purified, live[s] forever in [heaven]. † If one dies and is still â€Å"imperfectly purified,† he will â€Å"undergo purification† (biblehistory) in Purgatory. If one dies â€Å"in a state of mortal sin, [he will] descend into hell† (Catechism of the Catholic Church). On the other hand, Protestants believe that anyone who accepts Jesus, receives him by faith and repents will go to Heaven. Those who reject God are sent to Hell, a place of torment and separation from God. Purgatory is never explicitly mentioned in the bible, therefore Protestants reject the Roman Catholic teaching that there is also a transitional place or process of purification of the soal. According to the Protestants, there is no Purgatory. Hamlet is unsure about the afterlife. At times he accepts the Catholic view, and at other times he trusts the Protestant view. Hamlet is presented with a perfect opportunity to kill Claudius. He approaches a kneeling, praying Claudius, but â€Å"he is consumed with the Christian notion of the afterlife. The conception that if one died while in prayer, they would automatically go to heaven† (A Christian Excuse for Cruelty). Hamlet wants to kill Claudius â€Å"when he is drunk asleep, or in his rage,/ Or in th’incestuous pleasure of his bed,/ At gaming, swearing, or about some act/ That has no relish of salvation in’t† (3. 3. 89) so that Claudius will go to Hell. Although in the pervious instance, Hamlet leans towards the Catholic approach, he later discusses his uncertainty about the afterlife. Hamlet feels that if he cannot act, he can at least kill himself to escape his situation. But, in his â€Å"To be or not to be† soliloquy, Hamlet dismisses his suicidal plans because of his doubts about the afterlife. As Smith points out, at one point in his soliloquy, Hamlet â€Å"thinks for a moment that [death] may be like a deep sleep,† which seems like a fairly pleasant situation. But then, Hamlet wonders, â€Å"To sleep: Perchance to dream: ay there’s the rub; / For in that sleep of death what dreams may come† (3. 1). Hamlet is afraid of the dreams of the after life, the â€Å"pains that the afterlife might bring† (Smith). Hamlet continues to discuss the â€Å"dread of something after death,† and comes to reject his plans of committing suicide because of his dubiousness of the afterlife. Hamlet’s inability to act is largely a byproduct of the time period during which he lived. Hamlet was influenced by society’s views, doubts and beliefs. Even today, people’s actions are largely effected by the characteristics of the time period, and by society’s pressures. How to cite Protestant Reformation and Hamlet S Character, Papers

Thomas Jefferson and Jonathan Swift Essay Sample free essay sample

There exists a all right line between the grade of duty a authorities has for its citizens. and the control it assumes to guarantee the proliferation of its power. While freedom may be a traditional American value. how it is defined is a inquiry that has long been a beginning of argument. Furthermore. when an establishment follows a class of action that becomes damaging to society. what duty. if any. do the citizens have to demo their dissent. and what signifier should that dissent take? All of these are inquiries looking to be answered. with changing grades of earnestness. by Thomas Jefferson and Thomas Swift. Thomas Jefferson’s A Declaration of Independence may be thought of as a cosmopolitan symbol of traditional American values. nevertheless in it exists several beds of significance. each appealing to the reader and their sense of societal duty. While Swift’s A Modest Proposal attempts a similar prayer to the public’s understanding. We will write a custom essay sample on Thomas Jefferson and Jonathan Swift Essay Sample or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page it diverges drastically in its usage of sarcasm. While the manner of each work separately differs. their map is basically the same: to seek out the reader’s sense of empathy in an attempt to pull support to their cause. When composing the Declaration of Independence Jefferson non merely created something that was shockingly incendiary. it was full of thoughts that were radical for the clip period it was written. While modern-day American society may believe of the inquiry of freedom to be a bygone decision. the political civilization of 1776 was drastically different. Globally the power rested with the monarchies. who concerned themselves more with fostering their ain involvements than protecting and authorising their citizens. Jefferson believed this thought undermined single autonomy. and sought to alter it by making a authorities that derives its â€Å"just powers from the consent of the governed. † Jonathan Swift. who. like Jefferson. was a politically progressive presence in the face of the English. sought to happen similar support in his scathing sarcasm. While Swift apparently claims he is seeking to happen a solution to the poorness that has ravaged the Irish. his true motive in composing the booklet is to pull some attending to the sordidness that the Irish are populating in while being invariably oppressed by the affluent English aristocracy. Swift doesn’t merely direct his exasperation at the English. nevertheless. he besides finds sees failing among the Irish. whom he finds merely as responsible for the hapless province of personal businesss within the state. Both Jonathan Swift and Thomas Jefferson have found considerable mistake with the governing party ; they are utilizing the written word as a agency of protest. The bringing in the Declaration of Independence is instead straightforward. it is divided into three really distinguishable parts with a preamble that outlines both the construction of the Declaration and the directing the representatives have in composing it. Jefferson opens with his bringing of the entitlements each adult male has by virtuousness of merely his ain humanity. â€Å"We keep these truths to be axiomatic. that all work forces are created equal. that they are endowed by their Godhead with certain unalienable rights. that among these are life. autonomy and the chase of felicity. † The certainty with which Jefferson declares these rights. along with their cosmopolitan entreaty. instantly draw the reader into the debut. With each subsequent subdivision of the Declaration Jefferson inside informations how these basic homo privileges are being violated. who is robbing the settlers of such indispensable rights. and what. really exactly. is to be done about it. Already holding listed rights that seem non merely indispensable but really sensible. Jefferson argues that the monarchy has committed awful atrociousnesss against those seeking such entitlements. By the clip the Declaration has concluded. the reader is shocked that the settlers. by all histories such sensible and good intentioned people. are being treated in such a transparently oppressive mode. Swift’s bringing in A Modest Proposal is a similar effort at emotionally pull stringsing the audience into action. nevertheless the sarcastic quality of the essay creates an off-putting air of appendage. robbing Swift of some of his effectivity. In the debut Swift invokes the day-to-day sight of poorness on the streets of Ireland. and how households. â€Å"are forced to use all of their clip in sauntering. to implore nutriment for their incapacitated babies. who are. as they grow up. either turn stealers for privation of work. or leave their beloved native state. † While Swift opens with a strong sense of compassion. making a sense of empathy in the reader. his remarks approximately adult female as â€Å"breeders† and Irish who â€Å"fight for the Pretender in Spain. † give some penetration into his assorted truenesss. The deplorable description of poorness surely creates a demand for alteration. but when Swift begins to assail the same hapless people he c laim need aid. the quality of his bringing is compromised and the reader loses some grade of emotional investing in the narrative. Another of import constituent of each work separately is the class of action the writer claims will be effectual against their sensed beginning of dictatorship. The Declaration of Independence. holding clearly labelled each discourtesy committed by the male monarch. culminates in a concluding paragraph of action ; the settlements claim to be â€Å"absolved from all commitment to the British Crown. and that all political connexion between them and the province of Great Britain. is and out to be wholly dissolved ; and that every bit Free and Independent States. they have full power to impose war. reason peace. contract confederations. set up commercialism. and to make all other Acts of the Apostless and things which Independent States may of right do. † Jefferson has made his instance boundlessly clear. those disenfranchised by the British are hammering their ain way and giving birth to non merely a new province but an advanced set of values with which to run it by. The class of action detailed by Jefferson is particularly powerful in its determination to take the power from the monarchy and give it to the people. A reader of the declaration would probably experience non merely a sense of moral righteousness about declaring independency from such a corrupt monarchy. they would probably experience really sceptered about the ability they all of a sudden have to be portion of something radical. While Swift is besides researching ways in which to procure more freedom for the oppressed. his â€Å"Proposal† is different from Jefferson’s in a shockingly irregular manner. Swift deduces that the best agencies of aid for such a big population of hungering people would. undoubtably. be economic ; of the 120. 000 kids born each twelvemonth 100. 000 of them should be sold off as a epicure daintiness. Swift supports his proposal by guaranting the audience that a healthy kid. â€Å"is at a twelvemonth old a most delightful. nourishing and wholesome nutrient. † The sarcasm of the proposal. that infanticide is a morally acceptable solution to the job. is one of the ways Swift is looking to agitate his audience out of their indifference. The statement of eating kids. every bit satirical as it may be. is such an utmost signifier of freshness that it may turn the reader off of the essay as a whole. In stressing this redress for Ireland Swift insinuates that the Irish ar e so starving for solutions that even cannibalism is preferred to the position quo. Even in a comedic visible radiation Swift’s statement falls short. the hapless gustatory sensation and unfavorable judgment of the Irish people cause the reader to doubt the unity of Swift’s purposes. Both Swift and Jefferson have advanced visions for the subjugated people on whose behalf they are talking. Jefferson is working to make a new order. free of the subjugation of Great Britain. His thoughts and straightforward manner. along with his unequivocal call to action for the settlers to divide themselves from the male monarch. assist do the Declaration of Independence into the influential and ill-famed papers it is known as today. A Modest Proposal. while working to pull attending to the predicament of the Irish people. falls victim to many of Swift’s biass as an writer. While the implicit in message is finally one of critical importance. particularly for the epoch in which it was written. Swift fails to motivate in the reader the same degree of emotional response and Jefferson. The Declaration of Independence has so earned its topographic point as one of the most critically of import. and politically powerful. paperss of all clip. Plants Cited Henderson. Gloria Mason. Anna Dunlap Higgins. Bill Day. and Sandra Stevenson Waller. explosive detection systems. Literature and Ourselves: A Thematic Introduction for Readers and Writers. 6th erectile dysfunction. New York: Longman. 2009. Print. Jefferson. Thomas. â€Å"Declaration of Independence. † Henderson. Higgins. Day and Waller 703-06. Swift. Jonathan. â€Å"A Modest Proposal. † Henderson. Higgins. Day and Waller 696-702.