The Relationship between Poetry and Music in Whitmans Life and Work

The Relationship among Poetry and Music in Whitmans Life and Work Music and particularly Italian drama had a noteworthy effect upon the lovely style and life of Walt Whitman. Partial to music and interested with show exhibitions, Whitman needed to spread the possibility of the magnificence of music to the masses.Advertising We will compose a custom paper test on The Relationship among Poetry and Music in Whitman’s Life and Work explicitly for you for just $16.05 $11/page Learn More The drama exhibitions have become a wellspring of delight and motivation for the artist. Whitman was entertained with show as a multi-layered canvas joining the highlights of dramatization, music, move and verse and attempted to utilize show suggestions and performing voice for broadening the customary edges of verse. The expressions ‘I see’ and ‘I hear’ are exchangeable all through the content of Whitman’s sonnets and advance to the readers’ creative mind for escalating the impact delivered by other language implies and com plex gadgets utilized in his works. The sonnets â€Å"Song of Myself† and â€Å"Proud Music of the Storm† which were incorporated into Whitman’s assortment of sonnets Leaves of Grass show the effect of music and drama upon the wonderful style, pictures and cadenced shape of Whitman’s verse. Validness of Whitman’s sonnets The assortment of sonnets Leaves of Grass by Walt Whitman speaks to the consequence of the poet’s scans for himself and his commitment to realness of American verse. As it was refered to in the book by Skaggs Overtones of Opera in American Literature from Whitman to Wharton, remarking on his works distributed in Leaves of Grass, Whitman conceded that he expected to get himself and his specialty in American writing so that to make those sonnets originally distributed in 1855 (Skaggs 13). Whitman recognized the impact of Emerson, another remarkable American writer who advanced the possibility of legitimacy of American verse an d bolstered Whitman in discovering his one of a kind style.Advertising Looking for article on craftsmanship and plan? We should check whether we can support you! Get your first paper with 15% OFF Learn More Under the impact of Emerson’s feel, the conventional American popularity based goals, including those of vote based fairness, decent variety and independence, have become the focal subjects of Whitman’s sonnets (Loving 355). In â€Å"A Backward Glance O’er Travel’d Roads†, one of works included into the 1889 release of Leaves of Grass, Whitman conceded that adding to genuineness of American verse was his essential tendency in choosing the subjects and thought processes in this assortment of sonnets: â€Å"I would sing, and forget about or put in, exclusively concerning America and today† (Skaggs 13). It is noteworthy that regarding his fills in as melodies of vote based system, Whitman demonstrates substance of his sonnets, yet in additio n their structure and rhythmical shape. Though Emerson’s feel had a noteworthy effect upon the choice and embellishment of Whitman’s beliefs, the melodic rhythms and especially Italian show impacted the poet’s meter-production strategies. Carrying the magnificence of music to the majority Faithful to the beliefs of American popular government in his works and individual life, Whitman profoundly valued the music and was planned for acquiring its excellence to the majority his sonnets. Whitman dismissed the generalization that solitary the well off world class can comprehend the stylish estimation of music and underscored the job of music in government funded training and community life. The artist conceded that making music an ordinary part of studies at schools could have a positive effect upon the brains and propensities for American youth. Building up his thoughts, Whitman called attention to at the imperative job of music in setting up the national character of American individuals: â€Å"The subtlest soul of a country is communicated through its music †and the music demonstrations equally upon the nation’s very soul† (Skaggs 14). In Whitman’s conclusion, music and tunes can assist a country with expressing their interests and emotions. In the first place, Whitman separated the music of feeling and the music of workmanship. Later on, during the time spent advancement of his perspectives, he reasoned that music can turn into a spiritualizing power for a vote based society and an artistic expression for communicating the majority rule standards in his verse. These progressions can be clarified with the internal clash in Whitman’s soul. He was consistently attached to music, however when Italian show originally came to New York in 1825, most columnists reprimanded it for its lie, and Whitman unavoidably experienced the impact of this overall pessimistic opinion.Advertising We will compose a custom article t est on The Relationship among Poetry and Music in Whitman’s Life and Work explicitly for you for just $16.05 $11/page Learn More The pundits guaranteed that drama artists sounded unnatural communicating their enthusiasm or retribution in melodies since individuals don't sing, all things considered. Nonetheless, after closer colleague with drama, Whitman was captivated with its excellence and spiritualizing power and chose to spread its magnificence to the majority by deciphering show in his sonnets. Drama as a wellspring of motivation and professional need Though Whitman was attached to music when all is said in done and acknowledged different melodic classifications, his revelation of show permitted him to apply its melodic structures in verse. The spiritualizing power of drama was useful for communicating human sentiments and depicting their encounters. Whitman’s colleague with show began as professional need. As a columnist, he needed to join in and survey various d rama exhibitions. Along these lines, this professional need permitted Whitman to hear and see the best of European and American drama vocalists. To begin with, Whitman like a large portion of his comrades didn't value the excellence of show as a result of his obsolete melodic tastes. Be that as it may, his writer practice which matched with the brilliant long periods of show in America cultivated the advancement of his preferences and made drama Whitman’s most loved type of craftsmanship, however a significant gadget which the artist executed in making his later works. There is proof that Whitman kept searching for the chances to go to show exhibitions in any event, during the long stretches of the Civil War (Skaggs 16). In addition, significantly after his columnist profession was finished, the artist looked for show encounters which remained the wellspring of his beguilement and motivation. There is authentic proof that the character of an exceptional drama vocalist of the period Marietta Alboni and her announcement of the standards of Aural magnificence and apathy in show workmanship affected Whitman’s style essentially (Schmidgall 52). The long stretches of Whitman’s interest for show harmonized with the long periods of his work on the sonnets which later were distributed in the assortment of sonnets Leaves of Grass. Publicizing Searching for paper on workmanship and plan? We should check whether we can support you! Get your first paper with 15% OFF Find out More Therefore, the impact of show upon Whitman’s composing style can be distinguished in the interaction of pictures, rhythmical shape and elaborate gadgets of the sonnets included into the book, for example, â€Å"Song of Myself† and â€Å"Proud Music of the Storm†, for instance. Performing voice in â€Å"Song of Myself† Aimed at spreading the vote based goals and the magnificence of music to the majority, in deciphering the intensity of show to the wide crowd in his sonnets, Whitman found the open doors for beautiful self-articulation and including the performing voice into his works for improving their tasteful worth. It ought to be noticed that show as a work of art is a mixture type which joins the highlights of music, yet in addition dramatization, move and verse. Show as a multi-layered canvas pulled in Whitman’s consideration with the assortment of chances for beautiful self-articulation. As an artist, Whitman came up short on the strategies whi ch can be utilized in music and move and chose to consolidate a performing voice into his verse which permitted him to defeat the insufficiency of words and ended up being a much needed refresher into American verse. The sonnet â€Å"Song of Myself† can be viewed as Whitman’s tasteful admission in which he declares his fundamental objectives for utilizing show inferences and addressing the just standards in his works. The opening of the sonnet takes after poet’s sociopolitical recognizable proof and decree of his philosophical and stylish standards (Williams 49). A significant rule of Whitman’s verse is festivity of the intensity of human voice which is associated with the body and can go past the essential implications of words. In the sonnet â€Å"Song of Myself†, Whitman broadcasts: â€Å"I am the writer of the Body and I am the artist of the Soul† (Skaggs 19). The artist vanishes and these are just his unadulterated voice and its sound t hat are left to for the crowd. Consequently, joining show suggestions into his works and interpreting his own impression of drama into a performing voice, Whitman expanded the conventional edges of verse and planned to arrive at the imperceptible components of reality in his melodies which would be inconceivable without utilizing an elaborate gadget which permitted utilizing the content of a sonnet as a multi-layered canvas. The perusers of the sonnets by Whitman are relied upon to see more than the outside of his words. â€Å"My voice follows what my eyes can't reach† (Skaggs 19). All in all, in his sonnet â€Å"Song of Myself† Whitman clarified his comprehension of the job of a performing voice in upgrading the stylish estimation of his works and improving their inward working for imparting the law based beliefs and the possibility of the magnificence of music to the target group. In the sonnet under considerat

The Portrayal Of Female Characters In Films

The Portrayal Of Female Characters In Films Movies have for quite some time been utilized as an instrument to depict human minds and thoughts that are now and then regarded unimaginable as a general rule. The characters in films have had a colossal effect, with respect to sexual orientation generalization, on crowds all things considered (Neuendorf et. al., 2010). In spite of the fact that there have been discussions of how female characters are being depicted in films, from being accommodating to hyper-sexualised and of late, receiving progressively prevailing jobs in films, has there truly been an adjustment in male characters in films rather (Gilpatric, 2010)? Have male characters in films receive female characteristics like how the female characters have embraced masculine attributes? This paper investigates how the depictions of male characters in films have changed or are changing and how they influence sexual orientation development. The women's activist development has continually battled for womens right and equity in order to put ladies on equivalent remaining to men in the general public. This upheaval has since been deciphered onto the cinemas as movies delineate ladies assuming noticeable and prevailing jobs in films (Gilpatric, 2010; Neundorf et. al., 2010) which is a distinct difference to the past when ladies played an agreeable and compliant jobs to the male character. Besides, films reflect the changing idea of our general public, anticipating that men should carry on in agreement to cultural desires deconstructing the male generalization. In this way, the expanding pattern in films moving endlessly from depicting men as having the customary manly characteristic, remaking it to more what named today as the New Age Men (NAM) has been an aftereffect of the expanding unmistakable quality and predominance of females in films and the advancing idea of the general public. The NAM is in this manner seen as a combination of having both the conventional characteristics of guys and females, grasping both manly and ladylike qualities. Here, manliness is characterized as having the size, physical quality, dismissal to power and the utilization of physical power (Eschholz and Bufkin, 2001). Alongside those manly attributes, the NAM are additionally expected to have characteristics like mindful and having the option to deal with housework. The introduction of the NAM has been vigorously credited to the ascent of females in films and the changing idea of the general public. Men today feel there is a need to separate themselves from females in movies to state their predominance in the business and to reintegrate into the general public, deconstructing the male generalization. Female Characters in Films Today. Male characters in films are moving ceaselessly from having manly attributes because of the ascent of female noticeable quality and strength in the jobs they play by receiving those manly characteristics. Female characters like Lara Croft and Kill Bill features the point that qualities like agreeable and docile are done being related with female character. The throwing of the Bond young lady character is as similarly significant, getting the same amount of consideration as the throwing of James Bond himself, and however a Bond film may do not have the inventive device, never has there been a Bond film without a Bond young lady (Neuendorf et. al., 2010). This emphasizes the womens jobs are similarly essential to the Bond character. Men, who relate near Bond who for the most part depict manly qualities, see this as a test to their manliness as the Bond character is reliant on the female character. The absence of creative devices additionally depicts an emergency in manliness since men see these advancements as macho (Neuendorf et. al., 2010). This is additionally intensified with female characters playing primary characters in films being made with intricate and exciting characters comparative with male characters who are fairly one-dimensional and are of minor intrigue (Russell-Watts, 2010). Ladies are likewise chosen to assume jobs recently played and esteemed reasonable for men. Despite the fact that Lara Croft and Kill Bill props to mind, the Hamlet by William Shakespeare is another model. In spite of Hamlet being a male character, ladies have been showing their enthusiasm to assume the job and there has been an expanding pattern of ladies getting chose to represent Hamlet (Howard, 2007). Also, the Hamlet is referred to be associated with brutality as depicted by the character Alexandra Tranda, who matches the happenings of Hamlet to the occasions occuring in her life and winds up slaughtering her dad (Howard, 2007). Viciousness is characterized as any deliberate punishment of physical agony or mischief (Eschholz and Bufkin, 2001) and has a positive relationship to manliness (Eschholz and Bufkin, 2001; Neuendorf et. al., 2010; Gilpatric, 2010) in this way demonstrating an expansion in viciousness compares to in an expansion in manliness. Men feel the possibility of a ladies villa as unfortunate and feel embarrassed for a lady to play the Hamlet job (Howard, 2007). This is a sign to men that ladies are testing their manliness and strength in the film business particularly in jobs made for men. The ascent of females in films receiving a progressively manly nature and playing characters regarded increasingly appropriate for men came about men to feel tested in their manliness and has since prompted an emergency in it. Men feel there is a need to separate themselves from the female characters and state their manliness and strength inside the general public, re-building the sexual orientation generalization to make the NAM. The Dynamic Nature of the Society. Movies sway crowds (Gilpatric, 2010) and may depict an impression of the general public. The dynamic idea of the general public depicted through movies has been a contributing element to the deconstruction of the male sex generalization to shape the NAM. Comparative with the past, ladies today are commonly progressively taught, empowering them to take up occupations additionally held by men (Buchbinder, 2008). Quickened by the women's activist development, ladies today are similarly as likely as men to be casted to assume proficient jobs and occupations like specialists and legal advisors (Gilpatric, 2010). There is an expansion of female characters holding significant jobs from 12% in 1960 to 32% in 1990 (Neuendorf et. al., 2010) and female characters in movies can be a genuine portrayal of their situation in the general public as 51% US laborers who hold lucrative administration and expert occupations are ladies (Gilpatric, 2010). Likewise, most youngster today hopes to experience in any event three significant profession changes throughout his life (Buchbinder, 2008). Additionally, upgrades in the economy have empowered the two ladies and men to spend on extravagance things. Narcissistic worry with ones look and body, customarily set apart as female are being connected to men, making it harder to agree to the conventional manliness attribute of a man (Buchbinder, 2008). There has likewise been a move in the depiction of men in films today. Before, men have constantly received the focal figure however jobs as of late played by people in films have been obscured as the hole among manliness and feminity. As indicated by Breillat, There is no manly brain science in my film. They contain just what ladies feel and want. In this way, men must do whatever it takes not to perceive themselves in my male characters (Russell-Watts, 2010, p. 72). This shows men assume auxiliary jobs to ladies in todays films limiting them to identify with the conventional male manliness. In addition, men are likewise progressively depicted in films as the figure of the schlemiel. Schlemiel is a Yiddish word which implies a stupid person㠢â‚ ¬Ã¢ ¦a social nonconformist (Buchbinder, 2008, p. 228) and can't meet the exhibition and attitudinal necessities of conventional manliness (Buchbinder, 2008, p. 230). For example, Bond young ladies have been known to assume autonomous an d keen jobs in any event, outmaneuvering Bond himself in the most recent Bond film. Regardless of Bond films speaking to Bond as having a high and mighty persona (Neuendorf et. al., 2010), this spots Bond in the Schlemiel class of a stupid character making men see this as an emergency to their manliness. These variables when joined has come about men to lose its manly characteristics and limited them to fit in with the customary manly attributes deconstructing the conventional male generalization and recreate the NAM to assist them with acclimatizing once more into society and be of an equivalent standing or higher to the ladies. Generalizations Still Prevails. Some may contend that in spite of the rising conspicuousness and strength of ladies, the compliant and agreeable nature of womens depiction despite everything win while mens manliness are as yet restricted to the conventional generalization. Ladies in films are still viewed as compliant and accommodating as the predominance applied depends on a maternal theme, making a generalization of moms or spouses to spare her kid or friends and family (Gilpatric, 2010). Also, the cultural development of woman's rights is missing, as ladies in films today despite everything report to an increasingly prevailing male character (Neuendorf et. al., 2010), going about as a sidekick to a male character and engaging in a sentimental relationship with them (Gilpatric, 2010). Male characters however may have less manly attributes as depicted by Robert in the film Romance, his manliness is stressed through his occupation, being the supervisor of the primary female character (Russell-Watts, 2010). This dem onstrates in spite of being depicted as predominant character in films today, ladies despite everything comply with the sexual orientation generalization of the conventional female qualities of answering to a progressively prevailing male character. Some may contend additionally that movies may not be a genuine impression of society henceforth the depiction of men as less manly are false. Movies depict ladies as fruitful just when they are slender and alluring (Neuendorf et. al., 2010) when actually, achievement is made a decision about dependent on merit and not just looks. Expanding on, by exhibiting one man as less manly as the schlemiel figure, unobtrusively it gives a foil to other male characters to stick out, drawing out the manly qualities in the other male characters, (Buchbinder, 2008) showing that male characters in motion pictures despite everything fit in with the male sexual orientation generalization of mascu

Sample TOEFL Integrated Essay Professors on Television

Sample TOEFL Integrated Essay Professors on Television Sample TOEFL Integrated EssayThe QuestionThis integrated question is taken fromTest Twoin theOfficial Guide to the TOEFL. I am not allowed to provide the lecture and reading here, but you I highly recommend that you get a copy of that book for yourself. It is excellent.Special Offer: TOEFL Essay Evaluation and ScoringYou can now sign up to have your practice essays evaluated and scored by the author of this page. This service is a great way to learn how you will do before test day and how you can best prepare for the big day. Sign up today.The Sample Essay The reading and the lecture are both about the value of television appearances by university professors. The author of the reading argues that it is very worthwhile for academics to make such appearances. The lecturer casts doubt on the claims made in the article. He believes that these appearances are not particularly useful. First of all, the author claims that television appearances help university professors broaden their audie nce, and also help them to be viewed as experts in their subjects by more people than ever before. The author believes that this can increase their importance as academic professionals. This point is challenged by the lecturer. He says that professors who go on television are viewed by their peers as entertainers rather than as true educators. The lecturer claims that being a celebrity could even affect their ability to get funding for their work. Secondly, the author states that television appearances can be beneficial for the universities themselves. It is argued that the prestige of the university is increased when one of their faculty makes a high profile media appearance. The lecturer rebuts this argument. He suggests that universities can suffer because celebrity professors do not have much time for their research and students. He argues that rather than carrying out their duties, they spend a lot of time rehearsing, traveling and getting made-up for their appearances. Finally , the author mentions that there is a net benefit to the public when a professor appears in the media. It is suggested that television is usually quite shallow and that professors can provide a very useful remedy to this problem. The lecturer, on the other hand, feels that television networks do not want to present meaningful content. He says that the abbreviated presentations that professors give on television are no more useful than what a regular reporter could deliver.NoteThis is a sample TOEFL personal preference essay written by a native speaker. It follows our TOEFL writing templates for integrated essays. If you find it useful, please remember that we have many more sample essaysfor you to read!

Essay about Genetic Manipulation or Genetic Engineering

Genetic manipulation, also referred to as ‘genetic engineering’ or ‘genetic modification’, is the change of an organism’s gene through the use of modern biotechnology techniques. There are various forms of genetic manipulation, including transgenic organisms, cloning, and gene therapy etc. Transgenic organisms, also known as genetically modified organisms (GMOs), are organisms that possess a foreign gene in its genome. This is achieved through recombinant DNA technology, which involves either the combining of DNA from different genomes or the insertion of foreign DNA into a genome. The production of transgenic organisms, particularly animals, is a highly controversial topic and its advantages and disadvantages will be discussed thoroughly†¦show more content†¦One such example is the transgenic salmon, whom carries a gene from another salmon that controls growth hormone production and another gene from an eel-like fish allowing them to survive in freezing conditions. This resulted in the desirable characteristic for salmon farmers as it resulted in larger and faster growing salmon that could tolerate a wider range of temperature. Scientists are currently further experimenting to produce disease-resistant plants and animals, although such practice is not yet available. Secondly, transgenic organisms aid in medical applications through xenotransplantation (transplant organs from transgenic animals) and transgenic organisms that produce nutritional supplements and pharmaceuticals, such as growth hormone, anti-clotting factors for blood and insulin etc., as well as treatments for diseases like cystic fibrosis and phenylketonuria (PKU). Rosie, the first transgenic cow was engineered to produce human protein-enriched milk containing the human gene alpha-lactalbumin at 2.4 grams per litre in 1997. The product is more nutritionally balanced than natural bovine milk and could be given to babies or elderlies with special nutrition al or digestive needs. 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Introduction   Ã‚  Ã‚  Ã‚  Ã‚   In the past three decades, scientists have learned how to mix and match characteristics among unrelated creatures by moving genes from one creature to another. This is called â€Å"genetic engineering.† Genetic Engineering is prematurely applied to food production. There are estimates that food output must increase by 60 percent over the next 25 years to keep up with demand. Thus, the result of scientist genetically altering plants for more consumption. The two most common methodsRead More Genetic Engineering: Our Key to a Better World Essay1128 Words   |  5 Pages What is genetic engineering one might ask and why is there so much moral controversy surrounding the topic? Genetic engineering as defined by Pete Moore, is the name given to a wide variety of techniques that have one thing in common: they all allow the biologist to take a gene from one cell and insert it into another (SS1). Such techniques included in genetic engineering (both good and bad) are, genetic screening both during the fetal stage and later in life, gene therapy, sex selectionRead MoreDisadvantages Of Genetic Engineering1663 Words   |  7 Pagesinnovations is genetic engineering. Genetic engineering is the deliberate modification of characteristics of an organism by manipulating its genetic material. it is a set of biotechnologies used to change the genetic makeup of cells, including the transfer of genes within and across species boundaries to produce improved or novel organisms. Genetic engineering techniques have been applied in numerous fields including research, ag riculture, industrial biotechnology, and medicine. Genetic engineering can beRead MoreEssay on Genetic Enhancement is Unethical 1600 Words   |  7 Pagesnot be too far off in the future. Designing babies using genetic enhancement is an issue that is gaining more and more attention in the news. 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The tools of genetic engineering are natural substances that control biochemical reactions that work like chemical scissors and glue, cutting and pasting DNA molecules and sticking them into the DNA of microbes. The microbes with these transplanted genes may beRead MoreGenetic Engineering Research Paper1584 Words   |  7 PagesGenetic engineering Explain how this technology works. Genetic engineering otherwise called genetic modification and can basically be described as the ‘direct manipulation of an organism’s genome’ which is the complete set of genetic material of an animal, plant or other living thing. This direct manipulation works by using modern DNA technology. This ‘involves the introduction of foreign DNA also known as synthetic genes into the organism of interest’ or curiousity. Genetic engineering does not

Research Analysis Primary Sources Essay - 1701 Words

Research Analysis Worksheet This worksheet is for analyzing primary sources, which for the purpose of this project are popular culture media: texts created for a mass audience with some commercial component, either through sales, subscription, or advertising revenue: advertisements, videos, television shows, news articles or programs, popular music, etc. Choose three different popular culture artifacts (primary sources) that reflect the identity you’ve chosen for your essay. For instance, if I were analyzing portrayals of female college professors in movies, I’d pick for my artifacts three movies that portray female college professors (I’d choose the best three, the ones that seemed most interesting, revealing, or perplexing, out of a search of many). Apply the following â€Å"moves† to each of your artifacts. Please include a URL address or hyperlink to each of your artifacts, if possible. Artifact 1: Write Bibliographic information here (title, author, director, producer, publication, URL, etc.) Still Killing Us Softly Advertising s Image of Women. Dir. Margaret Lazarus, Renner Wunderlich, Patricia Stallone, and Joseph Vitagliano. Cambridge Documentary Films, 1987. DVD. Form and Purpose What is it, Who made it, What is its purpose, Who is its audience, and Where was it originally published/ performed/or broadcasted?: It was a documentary on Netflix but it was originally on a VHS tape when it came out, it was created to awareness of the media and how it portrays women asShow MoreRelatedPrimary Sources Of Primary Research1231 Words   |  5 Pages1. Primary research, or research using primary sources, is first hand data and / or resources. In other words researchers are collecting data themselves. 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Primary source Primary sources allow researchers to get as close as possible to original ideas, events, and empirical research as possible. Such sources may include creative works, first hand or contemporary accounts of events, and the publication of the results of empirical observations or research. We list sources

Cyber Bullying Is the Fastest Growing Trend in Bullying Free Essays

Cyber bullying is the fastest growing trend in bullying among teens and probably the most dangerous. It gives anonymity to those who don’t want people to actually see them bullying in school. Also, cyber bullying takes away the last sanctuary some of these kids have, their home. We will write a custom essay sample on Cyber Bullying Is the Fastest Growing Trend in Bullying or any similar topic only for you Order Now What an awful feeling that must be, to come home from a day of being picked on just to be picked on more via internet. Cyber bullying can come in many ways: text message, email, website, blogs, They can be pictures taken from a camera phone sent to many people to see. Teens spend a lot of time on the internet using social websites like, Myspace and Facebook. These are places where a kid can kind of reinvent himself and exert a little creativity. A place to â€Å"get away† and when those things are taken away the results can be disastrous. This was a difficult paper for me to write. I tend to be an empathetic person and reading all of the horrible stories about children taking their own lives and suffering all that abuse really broke my heart. I, like most people, experienced bullying in middle school and it still bothers me today. I wish there was a way to stop all bullying but over half of bullying incidents go unreported. It is terribly sad that millions of children suffer every day at the hands of bullies. These poor souls can go their entire lives living in fear and feeling completely weakened and insufficient. I know first hand the damage caused when a depressed person takes his own life. Learned Helplessness is a lie. There is always a way out, always steps that can be taken. Suicide is a permanent solution to a temporary problem. If only we could get these bullied kids to see that they aren’t alone and that they are capable, wonderful kids. They need to understand that their identity is not defined by these heartless and cruel actions. We may not be able to stop the bullying but we can certainly diminish the lasting effects. I tutor a 5 year old that struggles with being picked up. They make fun of the way his head is shaped and it is horribly remarkable how fast he has become sensitive about the way he looks. Some days you can see the defeat in his eyes and in the way that he moves. It is heart breaking. I am going to close with a poem written by a 14 year old girl whose best friend committed suicide as a result of being bullied. How to cite Cyber Bullying Is the Fastest Growing Trend in Bullying, Essay examples

Ruby Brown Commentary free essay sample

Ruby Brown, a poem written by Langston Hughes is describing a black woman that faced both racism and sexism in her life. Like in most of his work, Langston Hughes uses motifs of color and white. Hughes characterizes Ruby in a way that allows us to see the restrictions she had in her way and her ability to mentally over come them. The visual imagery in the beginning talks about bright and golden sunshine but in actuality it was not. The characterization of Ruby shows her to be an upright respectable person but it does not matter because she is black. Her life was sad because she had so much talent but it did not get to show. This social commentary is significant because Ruby’s looks gave her advantages but even worse disadvantages. More specifically the poem reflects how the social issues of racism and sexism can hurt the confidence of anyone. We will write a custom essay sample on Ruby Brown Commentary or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Hughes uses Ruby Brown to convey the theme that a hold in opportunity can greatly harm unsecure women. Irony is also used to convey how Ruby moves away from her original life in order to make sure she has security and happiness. The tone of the poem plays a big part in the readers’ thoughts of the poem itself and of Ruby. The last stanza sets the tone in a guilty and shameful manor. This is significant because it reveals the main idea of the poem and enhances the theme. Through this poem, Langston Hughes is trying to convey to the reader that changing who you are is not good and will only lead to your downfall. In regards the time-period that it was written in, Hughes is telling the black population to stand proud of what color they are and to not give burdens that the white people had placed on them.

How to Write a Term Paper

How to Write a Term Paper How to Write a Term Paper How to Write a Term Paper While writing a term paper, you must be specific about your topic, know what you want to say, and say it effectively. Despite of the required format, APA style term paper for example, you need to choose the term paper topic which is interesting and relevant to the course. Make sure there is enough information on the topic, otherwise, you will not be able to support your ideas. If your term paper topic is too broad, you will have difficulty completing your paper. The term paper on terrorism is too broad because there are so many facets of the topic.   What to do?   You need to narrow your topic to specific question.   For example, write about the different types of terrorism or review terrorism related legislation changes after September 11. Term Paper on Terrorism Term paper writing should follow the academic format.   In the introductory paragraph of the term paper you should give a definition of the term terrorism. Terrorism in the modern sense is violence or other harmful acts committed (or threatened) against civilians for political or other ideological goals.  Most definitions of terrorism include only those acts which are intended to create fear or "terror", are perpetrated for an ideological goal (as opposed to attack), and deliberately target or disregard the safety of civilians.   Then give general information about the terrorism. For example, September 11, 2001 - a day that shocked the entire world. For many people all over the globe this day will be remembered as one of the most terrible and unbelievable days ever, even if they were not directly involved. The attacks on the World Trade Center in New York City, on the Pentagon in Washington D.C. and the crash of an airplane in Somerset Country near Pittsburgh not just killed m ore than 3,056 people and damaged or destroyed more than 30 buildings. There were far reaching consequences. In addition, you should include a clear thesis statement in the introductory part of your term paper.   Usually, thesis statement is the last sentence of opening paragraph.   The body section of your term paper should be devoted to the development of the thesis, support of your ideas, and numerous examples.   Each idea should start with the new paragraph and there should be transitional sentences between each paragraph.   Writing a term paper is not easy, however, it is so interesting to read numerous articles and enrich your knowledge on specific topic! Custom Written Term Paper Despite of the topic complexity and deadline pressure, we are able to provide you with custom written term paper!   We have built a team of professional writers who are ready to help you with term paper writing at any time of day and night!   provides free plagiarism report to prove the originality and authenticity of your term paper.   You, as our client, can request unlimited number of revisions and claim full refund if completed essay was not delivered within the specified deadline.

Sperm Whale Facts (Cachalot)

Sperm Whale Facts (Cachalot) The sperm whale (Physeter macrocephalus) is the worlds largest toothed predator and loudest animal. The whales common name is the shortened form of spermaceti whale, and refers to the oily fluid found in the animals head, which was originally mistaken for whale semen. The cetaceans other common name is cachalot, which derives from an ancient French word for big teeth. Sperm whales do have large teeth, each weighing up to 2.2 pounds, but they dont actually use them for eating. Fast Facts: Sperm Whale Scientific Name: Physeter macrocephalusCommon Names: Sperm whale, cachalotBasic Animal Group: MammalSize: 36-52 feetWeight: 15-45 tonsLifespan: 70 yearsDiet: CarnivoreHabitat: Oceans worldwidePopulation: UnknownConservation Status: Vulnerable Description Sperm whales are easily recognized by their distinctive shape, their flukes (tail lobes), and blow pattern. The whale has a large rectangular head with narrow jaw, raised ridges on its back instead of dorsal fins, and huge triangular flukes. It has an S-shaped blowhole set toward the front, left side of its head that blows a forward-angled spray when the whale breathes. The species displays a high degree of sexual dimorphism. While males and females are the same size at birth, mature males are 30-50% longer and up to three times more massive than adult females. On average, males are about 52 feet in length and weigh 45 tons, while females are 36 feet in length and weigh 15 tons. However, there are documented reports of males measuring 67 feet long and weighing 63 tons and claims of males reaching 80 feet in length. While most large whales have smooth skin, sperm whale skin is wrinkled. Usually it is gray in color, but there are albino sperm whales. Sperm whales have the largest brains of any animals, either living or extinct. On average, the brain weighs about 17 pounds. Like other toothed whales, the sperm whale can retract or protrude its eyes. The whales communicate using vocalization and echolocation. Sperm whales are the loudest animals on Earth, capable of producing sounds as loud as 230 decibels. The sperm whales head contains the spermaceti organ which produces a waxy fluid called spermaceti or sperm oil. Studies indicate spermaceti helps the animal generate and focus sound, may facilitate ramming combat, and could serve a function during whale diving. While whales vomit most undigestible matter, some squid beaks make it to the intestine and cause irritation. The whale produces ambergris in response, much like oysters synthesize pearls. Sperm whales have distinctive triangular flukes. georgeclerk / Getty Images Habitat and Distribution Sperm whales live in oceans around the world. They prefer ice-free water that is over 3300 feet deep but will venture close to shore. Only males frequent the polar regions. The species is not found in the Black Sea. It appears to be locally extinct off the coast of southern Australia. Diet Sperm whales are carnivores that primarily hunt squid, but also eat octopuses, fish, and bioluminescent tunicates. The whales have excellent vision and may hunt by watching the water above them for squid silhouettes or by detecting bioluminescence. They can dive for over an hour and at depths up to 6600 feet in search of food, using echolocation to map their surroundings in the dark. Aside from humans, the only significant sperm whale predator is the orca. Behavior Pods of sperm whales sleep at night. The whales position themselves vertically with their heads near the surface. Mature males form bachelor groups or live solitary lives except for mating. Females group with other females and their young. Reproduction and Offspring Females become sexually mature around 9 years of age, while males mature at 18 years. Males fight with other males for mating rights, probably using teeth and ramming competitors. The pair separate after mating, with males providing no care to offspring. After 14 to 16 months gestation, the female gives birth to a single calf. The newborn is about 13 feet long and weighs over one ton. Pod members cooperate to protect calves. Calves typically nurse for 19 to 42 months, sometimes from females besides their mothers. After reaching maturity, females give birth just once every 4 to 20 years. The oldest recorded pregnant female was 41 years old. Sperm whales may live over 70 years. Female sperm whales care for other calves within the pod. by wildestanimal / Getty Images Conservation Status The IUCN classifies the sperm whale conservation status as vulnerable, while the United States Endangered Species Act lists it as endangered. Sperm whales are listed on Appendix I and Appendix II of the Convention on the Conservation of Migratory Species of Wild Animals (CMS). Numerous other agreements also protect the whales throughout much of their range. Sperm whales reproduce slowly and are widely distributed, so the total population size and population trend are unknown. Some researchers estimate there may be hundreds of thousands of sperm whales. Threats While largely protected worldwide, Japan continues to take some sperm whales. However, the species greatest threats are ship collisions and entanglement in fishing nets. Sperm whales may also be at risk from chemical pollution, noise pollution, and debris such as plastic. Sperm Whales and Humans The sperm whale is featured in Jules Vernes Twenty Thousand Leagues Under the Sea and in Herman Melvilles Moby-Dick, which is based on the true story of the sinking of the whaleship Essex in 1820. While sperm whales do not hunt humans, its theoretically possible a person could be eaten. There is one story of a sailor swallowed by a sperm whale in the early 1900s and surviving the experience. Sperm whale teeth remain important cultural objects in the Pacific islands. While sperm oil use has fallen out of vogue, ambergris may still be used as a perfume fixative. Today, sperm whales are a source of ecotourism income for whale watching off the coasts of Norway, New Zealand, the Azores, and Dominica. Sources Clarke, M.R. Function of the Spermaceti Organ of the Sperm Whale. Nature. 228 (5274): 873–874, November, 1970. doi:10.1038/228873a0Fristrup, K. M. and G. R. Harbison. How do sperm whales catch squids?. Marine Mammal Science. 18 (1): 42–54, 2002. doi:10.1111/j.1748-7692.2002.tb01017.xMead, J.G. and R. L. Brownell, Jr. Order Cetacea. In Wilson, D.E.; Reeder, D.M (eds.). Mammal Species of the World: A Taxonomic and Geographic Reference (3rd ed.). Johns Hopkins University Press. 2005. ISBN 978-0-8018-8221-0.  Taylor, B.L., Baird, R., Barlow, J., Dawson, S.M., Ford, J., Mead, J.G., Notarbartolo di Sciara, G., Wade, P. Pitman, R.L. Physeter macrocephalus. The IUCN Red List of Threatened Species 2008: e.T41755A10554884. doi:10.2305/IUCN.UK.2008.RLTS.T41755A10554884.enWhitehead, H. and L. Weilgart. The Sperm Whale. In Mann, J.; Connor, R.; Tyack, P. Whitehead, H. (eds.). Cetacean Societies. The University of Chicago Press. 2000. ISBN 978-0-226-50341-7.

Operating System Simulator Essay Example | Topics and Well Written Essays - 1500 words

Operating System Simulator - Essay Example It also supports JRE version 1.2. Java as language offers various capabilities including running the application as a Java applet or as a java application. Therefore, this CPU process-scheduling simulator can be run either as a Java applet or as a Java application. This CPU process scheduling algorithm can be used to perform several experiments on different process scheduling algorithms. Tables of data, graphs, and Gantt charts in form of log files in HTML can be produced by the simulator at the end of each experimental run. One experiment can be carried out involving several processes, for instance, the experiment can be based on eight different CPU processes. The tabular data obtained for different CPU process scheduling algorithms can then be analyzed and important conclusions drawn. Graph or Gantt chart data obtained can also be analyzed. Comparison between the various CPU scheduling algorithms can be drawn and explained based on the analysis of such data and the conclusions arri ved at. The statistic to be evaluated and analyzed from the experimental runs includes data on processes throughput, CPU burst times, I/O Burst times, Waiting times, Turn Around time, and the ratio of CPU Burst Times to Time to Ready plus CPU Burst time. As noted earlier, this CPU process-scheduling simulator supports various CPU scheduling algorithms such as First Come, First Served (FCFS), Shortest Job First (SJF), and the Round Robin algorithm (RR). This simulator manual report will aim at reporting on experiments carried on two CPU process scheduling algorithms; the First Come, First Served (FCFS) algorithm, and the Shortest Job First (SJF) CPU scheduling algorithm. The experiment will be carried out on eight processes for both the algorithms and the characteristics of bot the algorithms evaluated based on those processes. Graphs, Gantt charts, and table data for both the CPU scheduling algorithms will be drawn, analyzed, and evaluated. The evaluation and analysis to be carried out is aimed at illustrating the differences between the two CPU process-scheduling algorithms based on the data obtained. Normally, it is expected that, for the Shortest Job First SJF also referred to as the shortest remaining CPU burst time first, the process with the shortest CPU burst time is the one that is executed first. For the First Come, First Served CPU scheduling algorithm, the first job to arrive in the ready queue is the one that is executed first, and it must be executed to completion before any other process takes up the CPU. However, there are scenarios such when there is an I/O request, a process being executed in the First Come, First Served algorithm is returned to the waiting time and a new process in the queue is executed before the other process continues executing. This is known as context switching and they are normally two. In the Shortest Job First CPU scheduling algorithm, there are scenarios where more than one process with the shortest CPU burst time; m ore than one process have the same CPU burst time exist in the ready queue. In such cases, these processes are evaluated depending on the time each job or process arrived in the ready queue, this implies some sort of First Come, First Served CPU scheduling algorithm is implemented, and the job that arrived in the re

Personal finances Assignment Example | Topics and Well Written Essays - 250 words

Personal finances - Assignment Example Big Data make it able to carry out the analysis for the reason of assembling a photograph of an event or person from pieces of data that were scattered across other databases. According to Moffitt (pg.3), Big Data is a repository for multi-structure information and enables making inferences from correlations that small databases cannot do. Moffitt (pg.9) said that Big Data has enabled large web IT firms like IBM, Google, Yahoo and Amazon to store and get useful data from Big Data. Big Data can exist in the form of large structured information like relational data, semi-structured information like data that one tags with XML or unstructured data like text and video. The largest chance of harnessing Big Data is represented by unstructured data which forms the largest proportion of existing data (Moffitt, pg.11). For instance, using textual information presents many chances to realize patterns, writing styles and hidden themes. In conclusion, Big Data is a database that can bring huge profitability to businesses. Business enterprises should evolve their accounting models to focus on data content and data linkages. Accounting standards of firms have to deal with data of large databases and allowable sets of

Defining a True Photographic Essay -- Photography Photograph Essays

The â€Å"True† Photographic Essay We live in a world bombarded by photographs. Whether it is advertisements, news, art, fashion, or propaganda, photographs are widely considered the most powerful form of representation. However, not all collections of photographs can be given the title of a â€Å"true† photographic essay. Even visual rhetoric theorists stipulate various requisites for this name. So then†¦what is a â€Å"true† photographic essay? To rightfully earn this title, the photos need to be accompanied by a text. But not just any text. Photo theorist W.J.T. Mitchell agrees with writer James Agee that co-equality is a central formal requirement for the photographic essay (290). The first requirement for the true photo-essay is that there needs to be a â€Å"balance† between the text and the visual in power, reference, and layout design. In terms of power, neither the text nor the visual can dominate the other. For example, an effective photographic essay would not be a combination of photos taken by Dorothea Lange with a text written by a junior high school student. Dorothea Lange’s professionalism, developed through a process of technical education, hands-on experience, and multifaceted influences, drastically exceeds the writings of a young student, whose only technical education has been a Keyboarding class, whose hands-on experiences have been the English teacher’s book reports, and whos e multifaceted influences have been the pressures of his adolescent cohorts. Although this example is a rather extreme case, it is used to explain that if either the text or the visual overpowers the other, the imbalance denies it the title of a â€Å"true† photographic essay. Moreover, the same is true when speaking of reference. In several b... ...hat the text can do that the visual could never do, and vice versa, but their collaboration stimulate question and interpretation, creating a dialogue in the viewer’s mind. There is power in the union of the text and the visual. Nonetheless, we live in a high-speed, technological age where time equals money, and taking the time to read is expensive. So we must adapt. For photo-essays to be effective in the contemporary world, the text and the visual have to balance power, reference, and design. They have to be able to stand independently, and at the end collaborate in perfect synergy to create the â€Å"true† photographic essay. Works Cited Blakesley, David, Collin Brooke. â€Å"Visual Rhetoric.† Enculturation 3:2 (2001): 2-4. Mitchell, W.J. Thomas. Picture Theory: Essays on Verbal and Visual Representation. Chicago: The University of Chicago Press, 1994.

Political Parties of 1800s Essay

The Democratic and Republican Parties can trace their roots back to the 1800s, but some of the most interesting stories in American political history spring from parties which enjoyed flashes of glory before fading away for good. The extinct political parties of the 1800s include organizations which were successful enough to put candidates in the White House. And there were also others that were just doomed to inevitable obscurity. Here is a listing of some significant political parties who are no longer with us, in roughly chronological order: Federalist Party The Federalist Party is considered the first American political party. It advocated a strong national government, and prominent Federalists included John Adams and Alexander Hamilton. The Federalists did not build a sustaining party apparatus, and the party’s defeat in the election of 1800 led to its decline. It essentially ceased to be a national party after 1816. (Jeffersonian) Republican Party The Jeffersonian Republican Party, which, of course, supported Thomas Jefferson in the election of 1800, was formed in opposition to the Federalists. The Jeffersonians tended to be more egalitarian than the Federalists. Following Jefferson’s two terms in office, James Madison won the presidency on the Republican ticket in 1808 and 1812, followed by James Monroe in 1816 and 1820. The Jeffersonian Republican Party then faded away. The party was not a forerunner of the present day Republican Party. At times it was even called a name which seems contradictory today, the Democratic-Republican Party. National Republican Party The National Republican Party supported John Quincy Adams in his unsuccessful bid for reelection in 1828 (there had been no party designations in the election of 1824). The party also supported Henry Clay in 1832. The general theme of the National Republican Party was opposition to Andrew Jackson and his policies. The National Republicans generally joined the Whig Party in 1834. The National Republican Party was not a forerunner of the Republican Party, which formed in the mid-1850s. Anti-Masonic Party The Anti-Masonic Party formed in upstate New York in the late 1820s, following the mysterious death of a member of the masonic order, William Morgan. It was believed that Morgan was killed before he could reveal secrets about the masons and their suspected influence in American politics. The party, while seemingly based on conspiracy theory, gained adherents. And the Anti-Masonic Party actually held the first national political convention in America. Its convention in 1831 nominated William Wirt as its presidential candidate in 1832. Wirt was an odd choice, having once been a mason. And while his candidacy was not successful, he did carry one state, Vermont, in the electoral college. Part of the appeal of the Anti-Masonic Party was its fiery opposition to Andrew Jackson, who happened to be a mason. The Anti-Masonic Party faded into obscurity by 1836 and its members drifted into the Whig Party, which also opposed the policies of Andrew Jackson. Whig Party The Whig Party was formed to oppose Andrew Jackson’s policies and came together in 1834. The party took its name from a British political party which had opposed the King, as the American Whigs said they were opposing  Ã¢â‚¬Å"King Andrew.† The Whigs candidate in 1836, William Henry Harrison, lost to the Democrat Martin Van Buren. But Harrison, with his log cabin and hard cider campaign of 1840, won the presidency (though he would only serve for a month). The Whigs remained a major party throughout the 1840s, winning the White House again with Zachary Taylor in 1848. But the party splintered, mainly over the issue of slavery. Some Whigs joined the Know-Nothing Party, and others, most notably Abraham Lincoln, joined the new Republican party in the 1850s. Liberty Party The Liberty Party was organized in 1839 by anti-slavery activists who wanted to take the abolitionist movement and make it a political movement. As most leading abolitionists were adamant about being outside politics, this was a novel concept. The party ran a presidential ticket in 1840 and 1844, with James G. Birney, a former slaveholder from Kentucky as their candidate. The Liberty Party drew meager numbers, garnering only two percent of the popular vote in 1844. It has been speculated that the Liberty Party was responsible for splitting the anti-slavery vote in New York state in 1844, thereby denying the state’s electoral vote to Henry Clay, the Whig candidate and assuring the election of the slave-owning James Knox Polk. But that assumes Clay would have drawn all the votes cast for the Liberty Party. Free-Soil Party The Free-Soil Party came into being in 1848, and was organized to oppose the spread of slavery. The party’s candidate for president in 1848 was former president Martin Van Buren. Zachary Taylor of the Whig Party won the 1848 presidential election, but the Free-Soil Party did elect two senators and 14 members of the House of  Representatives. The motto of the Free-Soil Party was â€Å"Free Soil, Free Speech, Free Labor and Free Men.† After Van Buren’s defeat in 1848 the party faded and members were eventually absorbed into the Republican Party when it formed in the 1850s. The Know-Nothing Party The Know-Nothing Party emerged in the late 1840s as a reaction to immigration to America. After some success in local elections with campaigns rife with bigotry, former president Millard Fillmore ran as the Know-Nothing candidate for president in 1856. Fillmore’s campaign was a disaster and the party soon dissolved. Greenback Party The Greenback Party was organized at a national convention held in Cleveland, Ohio in 1875. The formation of the party was prompted by difficult economic decisions, and the party advocated the issuing of paper money not backed by gold. Farmers and workers were the party’s natural constituency. The Greenbacks ran presidential candidates in 1876, 1880, and 1884, all of whom were unsuccessful. When economic conditions improved, the Greenback Party faded into history.

Written and Unwritten Law - Free Essay Example

Sample details Pages: 8 Words: 2406 Downloads: 12 Date added: 2017/06/26 Category Law Essay Type Narrative essay Level High school Did you like this example? TASK 1 Explain the written and unwritten law. Written law is the most important source of law. It refers to the portion of Malaysia law, which includes the following: Federal and State Constitutions; The Federal Constitution is the supreme law of the land. All of the thirteen states have their own constitutions known as the State Constitution. Legislation enacted by Parliament and the State Legislative Assemblies; such as Acts of Parliament, Ordinances and Enactments. Subsidiary Legislations; made by persons or bodies under powers conferred on them by Acts of Parliament or State Assemblies; such as Rules and Regulations, By laws and Guidelines. Unwritten law is simply that portion of Malaysia law, which is not written. These are part of Malaysian law which is not enacted by Parliament or the State Assemblies. Unwritten law is found in cases decided by the court, local customs, etc. Principles of English law applicable to local circumstances. Judicial decisions of the superior courts; such as the High Courts, Court of Appeal and the Federal Court. Customs of local inhabitants which have been accepted as law by the courts. Don’t waste time! Our writers will create an original "Written and Unwritten Law" essay for you Create order Based on the case law selected, identify and describe the sources of law applied in the case study. CHONG TENG v PUBLIC PROSECUTOR [C. A. (Thomson C.J Hill and Good JJ.A.) February 12, 1960 [K.L.-F.M. Criminal Appeal No. 43 of 1959] Cases referred to: Nazir Ahmad v. King-Emperor, 63 I.A. 372; A.I.R. 1936 R. v. Attard, 43 Cr. App. R. 90 Cheong See Leong v. Public Prosecutor [1948-19] M.L.J. Supp. 56 Thomson C.J (delivering the judgment of the Court): this appellant was tried at Seremban before Ismail Khan J., and a jury on a charge that on 16th August, 1959, at the Central Market in Seremban he murdered one fan Nam in contravention of section 302 of the Penal Code. He was convicted and sentenced to death. He appealed against his conviction and we dismissed his appeal on 12th January. The sources of law in the case that I mention above are case of appeal which is Court of Appeal involve in this case as a court. State the relevance of case laws within the construction industry. IN THE COURT OF APPEAL OF MALAYSIA AT PUTRAJAYA [APPELLATE JURISDICTION] CIVIL APPEAL NO: W-02-2155-2010 Between PEREMBUN (M) SDN BHD APPELLANT And CONLAY CONSTRUCTION SDN BHD RESPONDENT à ¢Ã¢â€š ¬Ã…“The Plaintiff Conlay Construction Sdn Bhd claimed payment for construction work done under a sub-contract. The Defendant Perembun (M) Sdn Bhd counter-claimed. After a full trial, the High Court found in favour of the Plaintiff and dismissed the Defendants counter-claim. The Defendant appealed to this Court. TASK 2 Identify the hierarchy of courts in Malaysia. Superior courts of Malaysia The twoHigh Courtsin Malaysia have general supervisory and revisionary jurisdiction over all the Subordinate Courts, and jurisdiction to hear appeals from the Subordinate Courts in civil and criminal matters. (Based on Court system.ppt) Subordinate courts of Malaysia It is the court that consists of Session courts, Magistrate courts and Syariah courts. Which the type of cases is presided by their own types of courts judges. Session and Magistrate courts have the jurisdiction to hear both criminal and civil cases. While the Syariah courts has the limited jurisdiction over the matters of the state of Islamic law. (Based on Court system.ppt) With the aid of diagram indicate the courts in each tier. Figure 1: Court System State the type of case and the courts(s) involved in hearing the selected case law. Type Definition Example case Criminal law Crimes are classified according to the nature, damage or harm they cause. DPP v Majewski à ¢Ã¢â€š ¬Ã…“The defendant was charged with assault causing actual bodily harm and assault on a police officer in the execution of his dutyà ¢Ã¢â€š ¬Ã‚  Common law Law that became common to the realm. It uses evolving bodies of case (judge made) precedents. Sri Inai (Pulau Pinang) Sdn Bhd v Yong Yit Swe Ors à ¢Ã¢â€š ¬Ã…“The first defendant (appellant) a school, rented an old dwelling house from the second defendant (tenth respondent) a local authority.] The first defendant rented the house which belonged to the second defendant for use as a hostel to accommodate some of its students. The second defendant despite knowing that young children would live in the old house did nothing to upgrade the building to ensure that it was safe for use as a hostel by young children. Subsequently a fire broke out in the house claiming the lives of several children and causing serious injury to othersà ¢Ã¢â€š ¬Ã‚ . Tort law A tort is a wrong not arising out of a contract. Ità ¢Ã¢â€š ¬Ã¢â€ž ¢s generally injury to persons and/or property, usually arising out of an accident. Mohr v. Williams (1905) à ¢Ã¢â€š ¬Ã…“P consented to surgery on right ear. Doctor operates on left ear, which he believes is worse. Court finds that since the doctor performed the surgery without her consent, it was wrongful, and since it was wrongful, it was unlawfulà ¢Ã¢â€š ¬Ã‚ . Contract A legally binding agreement made between two or more parties, by which rights are acquired by one or more acts or forbearance on the part of the other or others. Hyde v. Wrench (1804) à ¢Ã¢â€š ¬Ã…“The defendant offered to sell his farm for  £1000. The plaintiff, offered to buy the farm for  £950. This offer was rejected and the plaintiff then agreed to pay  £1000 and sought, unsuccessfully, to enforce the sale through the courtà ¢Ã¢â€š ¬Ã‚ . Describe the appeal process based on the outcome of the case and the courts involved in the appeal process. Sampson v. Channell [110 F.2d 754(1st Cir.1940)] Court of Appeal: United States Court of Appealsdecision interpreting the application of theErie doctrine. à ¢Ã¢â€š ¬Ã…“Theplaintiffhusband and wife were hit by a car inMaine; the driver of the other car was killed. The plaintiffs sued theestate (law)of the dead driver in theFederal District Courtin Massachusetts, naming theexecutorof the dead drivers estate as thedefendantand invoking the courtsdiversity jurisdiction. The District court applied general principles of conflicts of law, determining that Maine law should control the case because that is where the accident happened. Under Maine law, the plaintiffs had theburden of proofto show that they werenotcontributory negligent; had the court applied Massachusetts law, the defendant would have had the burden of showing plaintiffs contributory negligence. The plaintiff appealed, contending that the Massachusetts Federal District Court should have applied the law of Massachusetts. TASK 3 With appropriate example (s), express the meaning of the term tortuous liability= using your own words. Negligence Negligence is by far the most important of torts. It forms the cause of action in the majority of cases. The term of negligence is also found in the context of breach of contract, for example, where an architect is alleged to have carried out negligent design of supervision. A common type of action in negligence heard in the courts is that between two or more drives involved in a road accident. However, the plaintiff in an action for negligence must show that the defendant owed him a duty of care, that there was a breach of duty and that recoverable damage was thereby caused. Considering the first of these element, it is necessary to decide whether in the particular circumstance one person ( the defendant) owed a duty of care to the other ( the plaintiff). The classic test as to when a duty of care might arise was stated in the leading case of Donoghue v Stevenson. à ¢Ã¢â€š ¬Ã…“The manufacture of ginger beer was held to owe a duty to the ultimate consumer, who found a d ecomposing snail in the empty bottle. The consumer could not sue in contract because the ginger beer had been purchased by a friend, and in any event the default was that of the manufacture, not the sellerà ¢Ã¢â€š ¬Ã‚ . The law of tort remained comparatively dormant for some time after Donoghus case and it was not until Dutton v Bognor Regis UDC that the court began to grapple with the questions which subsequently came to dominate this area of law, namely the circumstances in which a duty would arise and the interrelationship between such duties and the type of damage. Nuisance Private nuisance may be defined as an unlawful interference with the use or enjoyment of another person land. The interference may result in damage to property, such as by flooding or vibrations, or it may be only an annoyance, such as excessive noise or dust. There must be a substantial interference. A nuisance is often a continuing state of affairs, although an isolated happening may support an action in nuisance. Person who lives in noisy or industrial neighborhoods must usually put up with the attendant discomforts, although actual damage to property will be actionable. Usually the only person who can sue for nuisance is the occupier of the land, although other persons may be able to sue on the same facts. Unlike negligence, liability for nuisance does not depend primarily on the standard of conduct of the defendant. Thus, it is not necessarily a defence to nuisance that reasonable care was taken to avoid it. Bit in the context of building and construction operations, th ose carrying out such work are under a duty to take proper precautions to see that nuisance is reduced to minimum. Thus, in Andreae v Selfridge, à ¢Ã¢â€š ¬Ã…“where a demolition contractor took no steps to minimize noise and dust near to the plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s hotel, and actionable nuisance was created for which the employer was liableà ¢Ã¢â€š ¬Ã‚ . Trespass Trespass is an ancient set of wrongs which mainly deals with the direct, and usually intentional, invasion of a plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s interest in his person, his land or goods. There are two type of trespass namely to person and to land or goods. There are three type of trespass to person which is assault, battery and false imprisonment. Assault is an act of the defendant which causes to the plaintiff reasonable apprehension of the infliction of battery on him by the defendant. For example, to throw water on a person is an assault but if any drop falls onto the person, it is battery. In the case of Stepehns v Myers (1830), à ¢Ã¢â€š ¬Ã…“the plaintiff was the chairman of a meeting. The defendant made many interruptions and it was agreed that he should be evicted. The defendant then advanced toward the plaintiff, declaring that he would pull him from the chair, but was stopped before he could reach him. It was held that defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s action constituted an assaultà ¢Ã¢â€š ¬Ã‚ . Next, battery is the intentional and direct application of force on another person, either hostilely or against his will. For example, in the case of Pursell v Horn (1832) and à ¢Ã¢â€š ¬Ã…“where chair was pulled from under a person, causing him to fallà ¢Ã¢â€š ¬Ã‚ . False imprisonment consists of wrongful deprivation of personal liberty in any form. For example, in the case Warner v Riddiford (1858), à ¢Ã¢â€š ¬Ã…“the defendant after dismissing the plaintiff as resident manager of a beer-house, prevented him from going upstairs to collect his belongings. It was held that this amounted to f alse imprisonmentà ¢Ã¢â€š ¬Ã‚ . Trespass to land is constituted by unjustifiable interference with the possession of land. In the case of Baxter v Taylor (1932), à ¢Ã¢â€š ¬Ã…“the defendant exercising a purported right of way, entered upon land with a horse and cart and deposited stonesà ¢Ã¢â€š ¬Ã‚ . Discuss the tortuous liabilities of the parties in the above-mentioned mishap. The tortuous liabilities of the parties in the above mentioned case disaster is about the liability in the construction. Means tortuous liability arises from the breach of a duty primarily fixed by law such duty is towards persons generally and its breach is redressed by an action of unliquidated damages. As mentioned above, the worker died at the scene was hit by falling metal formwork from the 12th floor of an office block under construction and his two co-workers were injured. Liabilities of the parties are that each party must be careful and always be aware of their surroundings while in the area of construction without happen mortality or injured as mentioned above. TASK 4 Define the term à ¢Ã¢â€š ¬Ã…“contractà ¢Ã¢â€š ¬Ã‚ . A legally binding agreement made between two or more parties, by which rights are acquired by one or more acts or forbearance on the part of the other or others. List element of a contract. Capacity Intentions to create legal relations Voluntary Consideration Offer Acceptance Form of contract With the aid of a diagram, identify parties involved in the contract in Scenario 2. Analyse the contractual liabilities of the parties in Scenario 2. Client Client is one side that starts something construction project and also was the person that responsible to pay all works that was completed properly. Client need to be referred and negotiate to determine a thing which occupy and achieving goals. The importance, client must get legal approval related to project first before the project carried out. Apart from that, client must provide or supply contractor with all details, painting or big information. After that, client has to pass on cooperation to contractors after both agree conduct a project. Consultant In the building process, where design and construction are separate entities, it is the architect who receives the commissions from the client. The architect may require the assistance of consultants from other professional disciplines. The architect function is providing the client with an acceptable and satisfactory building upon completion. This will involve the proper arrangement of space within the building, shape, form, type of construction and material used environmental controls and aesthetic consideration. The architect will generally operate under the rules of agency on the part of the employer. This means that instructions given to the contractor will be accepted and paid for by the employer. Contractor The majority of the construction work in the UK is undertaken by a main contractor. The term general contractor is now outdated since relatively few of these firms undertake the work themselves. Contractors provide agreed services to a client for a set fee and possibly duration under a contract for services. (This is in contrast to a contract of service, e.g. a contract of employment, which is between an employee and employer). Contractors can charge the client fees by the hour, day or on a lump-sum basis. Their contracts often specify milestones for part payment, e.g. on completion of specific goals. Reference Abdullah N.C (2013). Question Answer on MALAYSIAN COURTS, STATUTES, CASES CONTRACT, TORT AND CRIMINAL LAW; International Law Book Services Ashworth A. (2006). Contractual Procedure in the Construction Industry; Prentice Hall Uff J. (2005). Construction Law, 9th Edition; Thomson