Friday, May 8, 2020

Writing Prompts For Writing An Essay on Romeo and Juliet

Writing Prompts For Writing An Essay on Romeo and JulietIf you are looking for a writing prompt for Romeo and Juliet, you will not have any trouble finding some interesting ideas. The reason why this story is so popular is because it contains such an interesting set of characters. This is why writing prompts can help you write some different dialogues that would allow you to connect with the characters of the play.Text such as 'A Love Story' can be really catchy, because it allows you to put down your thoughts in a very simple way. It will help you to write a short but interesting and highly impactful essay.When you are trying to write a writing prompt for Romeo and Juliet, you should consider the main characters of the story. Juliet has been left by Romeo after their troubled love, but when he returns home he finds out that she has been killed. He then sets out to find her killer in order to make her return his love.The main character, Romeo, is also quite a romantic comedy. He has been courting Juliet for quite some time before she finds out that he is infatuated with her. The main theme of the play revolves around love and romance. This is why writing prompts will help you write some interesting dialogue in which you can let your emotions flow.Juliet has been forced to leave her true love because of her past. However, with Romeo's return, she also sets out to leave her own past behind. Writing prompts allow you to write some different dialogues which you could then link with the main theme of the play.All of the important characters of the play are seen together in the background, therefore, they need to be given much importance. Writing prompts help you portray how each character works. They also provide you with a good idea of how you should handle certain aspects of the play.During the play, many plots are present. They include the schemes of Juliet and Romeo. You can use these as well as other themes to tell the whole story. Once you are able to understa nd how these different plots work, you will be able to take advantage of this information in your writing prompt for Romeo and Juliet essay.As long as you know what these themes are, you will be able to take advantage of this information in your essay. All you need to do is add these themes into your essay and get started. There is no need to worry about how to approach writing a prompt because you can easily use them as writing prompts.

Grade 1 Essay Samples Online

Grade 1 Essay Samples OnlineThere are some very good ways to get grade 1 essay samples that can help you with your writing. The question is do you have the time and where do you find them?Most of us will probably need a good essay sample. The type of writing course we are taking these days includes an essay, the second section of your class and we don't know what it's going to be, whether its science, English or History. All of these students are expected to write a grade 1 essay for their course.So, with all this going on, some of us might need a good grade one essay to show our teacher that we are prepared to be the leader in our class. But finding these samples can be tricky and time consuming. The good news is that the internet is full of excellent resources for you.A great resource for you might be the online essay companies. These companies offer sample essays and grades they have received from the students who have written them.Also, most of these companies will send you some feedback from other students as well. You can use this feedback to improve your own essay. The bottom line is that if you take the time to research online and look at the essay samples provided, you will quickly see that many of the sites offer free samples.The next step is getting your essay onto the internet, make sure that the essay is properly formatted, you must have all the punctuation and grammar correct, the keywords should be correct, the titles are correct, the conclusion and introduction are correct and the essay has been submitted properly to the online essay service provider. These writers must check all of this information, making sure that your essay will be approved before you send it to the essay publisher.So, you can now get your essay back to you, you can start working on it, submitting it, having a constructive discussion with the online essay service providers and you will soon find out what you are doing wrong. The thing about online essay writing is that you m ust know how to correctly format your own essay. You can only gain this by reading a sample.

Wednesday, May 6, 2020

Le Petti Gourmet Free Essays

Jim O’Connor, President and Owner of Le Petit Gourmet, received a shocking phone call while vacation in California, which informed him that his business is going to shut down indefinitely due to the outbreaks of hepatitis A in his catering facility. Le Petit Gourmet was a family catering business that had been operating in the Denver metro area for more than 30 years. Le Petit employed between 150 and 200 people, 75 of whom were full time. We will write a custom essay sample on Le Petti Gourmet or any similar topic only for you Order Now Along with Le Petit was perceived as the most expensive and upscale caterer in Denver, O’Connor also want his business to be known for good food on all levels, from cookies to lobsters. Le petit Gourmet’s business had been on the upswing in recent years. On November 22, Health Department notified O’Connor that his kitchen manager infected by hepatitis A, and by Nov 30, the doctor confirm the case. Due to the further outbreak on Dec 30, Le Petit Gourmet is being shut down completely, and the health departments have ordered food-service workers in metro Denver area to using gloves or utensils when handling food in prevention to hepatitis A. In addition, Le Petit Gourmet employees were forbidden to work as food-handlers anywhere else until January 31. When he returned from San Francisco, Jim O’Connor found that his business and family were under siege. The media, his insurance agents, lawyers, and health department inspectors, Le Petit employees and customers were waiting for his explanation on how he going to handle the hepatitis outbreaks. Initially, he hired a public relations firm to assist him, but decided that he needed to take a more active role to save his business. First of all, he personally called the victims of hepatitis and apologized for what had happened. He also meets with his employees to calm their fears. Afterward, he make sure that his company will have enough cash flow on hands to handle this crisis by delaying payment to his vendors and negotiated a larger mortgage, because he realized that he doesn’t have income for undetermined amount of time. To win back the public on their side, O’Connor and his staff decided to dumped $45,000 of food products into the trash. Many of these items were unopened and frozen products, not part of the infected food. O’Connor was able to maintain his employees during the outbreaks, he honestly tell them that pay cut was imminent in the future, but if your stand by me and help me, I will commit to pay you back when the business is getting better. He also states to the employees that the infected person have been left Le Petit Gourmet, we are very safe working here in Le Petit Gourmet. When he have all the information he need, he held a news conference at the Le Petit Gourmet facility and explained what had happened and what he and Le Petit Gourmet prepared to do about the crisis. During the outbreak periods, other catering companies was worried that this crisis would effects their companies, so they mailed out letter to inform their clientele that this only happened to Le Petit Gourmet and will never happened against them. Due the O’Connor and his staffs diligent works, Le Petit Gourmet finally reopened on January 11, and they have their first catering job on January 14. Main Issues The main issues for this case was how O’Connor able to handle this crisis with ease and win back the reputation for his business. When the crisis first happened, O’Connor is put in a very tough spot, not only that he has face the media, health department, employees, etc†¦ they all waiting for him to inform them what is really happened behind this mess that cost by Le Petit Gourmet. I think that O’Connor did excellent job step by step to get his business reopened and back to business as soon as possible. First of all, he realized that he not going to have enough cash flow on hands to solve the problem, because he will have no income for long period of time due to the out breaks. Smartly, he asked his vendors for a delay payment, and also negotiated a larger mortgage to make sure to have enough cash on hand to solve the crisis. Money could be use to compensate the victims or pay for attorney fees, and also need to pays his employees. Second of all, he was acting as a public relations spokesperson, who called all the victims and apologized for what had happened. He also met with his employees to calm their fears by telling them that the individual to whom the initial outbreak had been traced had already left the company, we are in a very safe working environment. He honestly told his employees that pay cut were imminent in the immediate future and their long-term status at Le Petit Gourmet was cloudy, but if they can stay on his side during this difficult time, he will make commitment to help them later on. In addition, he also dumped $45,000 dollars of food products into the trash, to inform everyone that everything that has to do with hepatitis A will be destroyed and nothing will be held. I am most impress with O’Connor was that he didn’t shy away from the media, after he gather all the information he needed and collected himself personally, he held a new conference at the Le Petit Gourmet facility and explained what had happened and what he and Le Petit Gourmet as a company were prepared to do about the crisis. Finally, due to the diligent works from O’Connor and his staffs, Le Petit Gourmet was finally reopened on January 11, and got they first catering job on January 14. I believe that O’Conner manage everything very well during the crisis, he win back the reputation of his company by holding a news conference and inform everybody what has happened, and win back his employees by honestly tell them what is going to happened in the future, he didn’t hide anything from anyone. He tells everyone what he thinks and what he going to about it. How to cite Le Petti Gourmet, Papers

Tuesday, April 28, 2020

Leading High Performance Groups

Introduction The importance of group work has become relevant in the current competitive business environment. Organizations have come to realize that the best way of achieving success is by breaking down tasks, and assigning small groups of employees’ different tasks as a way of achieving the overall objectives of an organization.Advertising We will write a custom report sample on Leading High Performance Groups specifically for you for only $16.05 $11/page Learn More According to Partridge (1999), although firms still appreciates that the performance of individual employees would always determine success of the entire firm, the need for these individual employees to work as small groups has increasingly become evident. In such small groups, a firm is able to define ways in which a strategic objective can be achieved in a more coordinated manner. It becomes easier for the top management to monitor activities of groups other than that of individua ls.  When assigned the role of leading such teams, it is always important to find ways of achieving maximum output using the assigned members. This means that such a leader will have the responsibility of motivating the team in order to make it a high performer. Leading high performing groups requires leadership skills that would enable the project leader to maintain motivation among project members. It involves making them understand the vision, and constantly reminding them that they have the capacity to achieve this vision. It involves being creative enough to make team members understand the various environmental forces that may affect the team’s performance and defining the best ways of managing these forces. It also involves maintaining a positive communication with all the members, always trying to make an effort to understand uniqueness of every team member. This research paper seeks to analyze how a team leader can lead a high performance groups. Objective of the s tudy In every research, it is always important to understand objectives that will guide the research, especially in the process of collecting relevant data. Leadership is a field that has received massive attention from scholars around the world. It is important to define specific area of focus when conducting a research that is related to leadership. The following are some of the specific objectives that the researcher seeks to achieve through this study. To determine the meaning of high performance groups from the perspective of various scholars To identify some of the underpinning theories relevant in leading high performance group. To develop an understanding of the appropriate method that should be taken in developing teams within an organization. To determine how new leaders can understand their team members and devise the most appropriate method of making them achieve the desired result. To create an understanding of how team conflicts can be resolved in order to eliminate n egative effects of such conflicts. The research seeks to respond to the above objectives in order to enable new managers understand what is expected of them when developing new teams.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Discussion According to Kliem (2004), before one can purport to offer leadership, it is always important to understand why teams are important in the first place. This scholar notes that a leader should always appreciate the importance of having teams within the organization. This way, it becomes possible to develop a vision that will be shared by all team members. In the current dynamic business environment, firms have come to realize that the best way of achieving success with employees is by organizing them into groups. This is important because of several reasons. Creativity and innovation has become core to success of organization. Creativity is best achie ved when employees are allowed to work as a team. Through such teams, employees get to share talents and skills in a group setting. This way, it becomes possible for one to share his or her unique skills with others and determine how the unique skill or talent can be nurtured into something of benefit to the firm. Groups also offer a unique environment for learning. When employees are assigned various groups, they are able to learn some of the skills they were lacking by observing the way other team members are undertaking their activities. Teams also offers the management unit a unique opportunity to offer in-service training to its workforce in a practical environment in order to enhance their performance. Partridge (1999) notes that trying to achieve strategic objectives of a firm without breaking them into tactic and operational objectives may yield poor results. For this reason, it is always important for the management to break the overall objectives into tactic and operationa l objectives. Teams would be assigned these tactic objectives based on their areas of specialization. The management would then make the team members understand the overall objective of the firm, and the relevance of their assigned tasks in achieving the overall objectives. As Harris (2013) says, groups also offers employees opportunity to interact and understand each other better. Human being is social by nature, and it is important to create an environment where they can share their views and job experiences. This reduces the level of stress among employees. It acts as a motivation to achieve more. As a new manager who is expected to lead small teams, it is important to understand these fact in order to appreciate the need to have teams within an organization.Advertising We will write a custom report sample on Leading High Performance Groups specifically for you for only $16.05 $11/page Learn More Defining High Performance Groups Nemiro (2008) defines high performance groups as teams who level of output per given unit time is above normal. He states that high performance groups are teams that are always motivated and determined to achieve higher success in every task they are assigned. These are individuals who are always focused on what lies ahead, and understand ways in which they can coordinate themselves in order to deliver the best results within the shortest time possible. In such groups, every member if the team understands what is needed of him or her, and will always commit self towards delivering goods results on their assigned tasks. Kliem (2004) observes that team leaders are not special people with unique skills put together to perform a given task. Rather, this is a group of employees who are always positive in their work, are willing to learn, and able to try new approaches in undertaking tasks assigned to them. This means that high performance groups are always defined by the kind of leadership they have. It is t hrough leadership that employees will remain constantly motivated. As Harris (2013) observes, leaders are always the driving force of any organization. Depending on the way they get to influence junior employees, a firm can achieve success or failure in its operations. This means that high performance groups would rely on the leader who has been assigned to these groups. Such a leader must understand individual employees capacity and needs, determine how these needs can be met, and develop strategies that would make every member of the team feel that his or her views are respected by the leader. To be a successful leader, it is always important to understand people that are led and be sensitive of their concerns. This would make them feel motivated. It is this motivation that would make them willing to go an extra mile in undertaking various duties within the firm, making the entire team successful. Understanding team theory may be important in appreciating the role of a leader in a chieving success within the organization. Understanding the Team Theory It is clear from the discussion above that high performance groups is defined by the kind of leaders who are assigned to such groups. As a leader therefore, it is important to appreciate that the performance of the group would depend on the leadership competency. To do this, Partridge (1999) says that it is important to understand the theory behind team. Team Theory seeks to explain stages that is always taken in forming a team, and the needs of team members at these stages. As a leader, understanding these stages makes it possible to develop strategies that would enable the leader meet the changing expectations of the team members. This theory specifies the following stages of growth of a team.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Forming stage This is the first stage of a team where different people come together with the view of working as a unit to achieve a common goal. As this stage, Nemiro (2008) notes that employees are always polite and positive. Members also experience mixed reactions as they try to visualize what lies ahead for them in these groups. High performance group would always be defined at this stage. A leader needs to tap on the positivity of the employees and their high expectations to make them high performance. Their anxiety should be turned into desire to achieve better results. It is also at this stage that a leader should provide a clear vision of the group, and a communication system that enables every member of the team to be heard. Any form of disillusionment should be eliminated. The focus at this stage would always be to set the right tempo that would be desired in achieving both short-term and long-term goals. Storming stage This is the stage where reality downs on the team mem bers. Every team member gets to understand his or her tasks, and the overall objectives that should be achieved within team. Tasks become clearly defined, and the exact vision becomes clear. This stage is always very challenging for a leader if the first stage was not handled appropriately. This is because at this stage, some members may realize that things are not as easy as they could have anticipated. However, if they were well prepared at the first stage, this second stage is always easily accomplished. The leader must understand that this stage involves assigning specific duties to individuals in the group in order to achieve overall objective of the firm. A leader of high performance team would always use this opportunity to make team members define their own individual path in achieving their specific tasks in the best way possible. The leader should offer members assistance when they are defining their operational strategies. The leader must ensure that their tactical strate gies are in line with the vision of the group. Norming stage At this third stage, team members get to understand their real working environment. They get to appreciate what the overall vision of the team seeks to achieve. Team members also get to understand one another, and define how they can relate in order to support and be supported in various activities. This stage provides a leader with the best opportunity of making employees feel more comfortable with their tasks, and the need to involve others in their actions. As Nemiro (2008) notes, employees at this stage may try to be independent in their actions because they get to understand their environment. This independence is not bad, but it should not be a reason that makes members ignore team spirit that was the real reason why such teams were forme (Kliem, 2004). Performing stage When a leader guides his team through the first three stages successfully, the fourth stage will be a true reflection of a high performance team. Whe n the leader guided his or her members through the first three stages successfully, the fourth face would involve high levels of collaboration among members. Every member of the group will understand that the overall success of the firm depends on the success of their individual performance. They would therefore try to achieve perfection in their duties, while still willing to help other team members be successful in their various tasks. In such groups, members will appreciate the dynamism in their working environment, and accept the need to be dynamic to the changing environmental factors. Understanding these four stages is very important for a new leader who is intending to guide a given group of employees into becoming high performance groups. Leading Virtual Teams Technology has created an environment where people can work from different geographic locations across the world. There are cases where a leader is assigned a virtual team, with members spread in various regions around the world. It is important for such a leader to understand that in order to create a high performance group out of them, the four stages defined above must be clearly followed despite lack of physical presence. Kliem (2004) warns that to lead a virtual high performance group, there is need for a high degree of discipline for all members. This is because when it is decided upon that there would be a videoconference at a particular time, all members should be seated at their respective offices ready for the conference. Any delay by any member or the leader may paralyze operations of the group. This may be worse in case it is the leader who fails to avail himself at the conference within the right time.  Leading virtual teams also need sophisticated communication tools that would keep all members in contact with one another. The leader must be able to communicate with any member of the team at any time of the day without getting affected by geographic barrier. Individual members mus t also be able to communicate among themselves in order to enhance creativity in their various tasks. Harris (2013) also advises that when leading such teams, traditional leadership approaches that emphasizes on exerting one’s authority over other as a show of supremacy may not yield the desired fruits. Resolving Conflicts in High Performance Groups Teams always bring together people with different skills, ideas, knowledge and talents. It also brings together individuals with different attitudes, values, and other demographical factors (Kliem (2004). Although it would be expected that in high performance teams the levels of understanding would always be high, it is important to appreciate the fact that conflicts would arise due to a number of reasons. It is important to address these conflicts as soon as they arise in order to avoid negative consequences they might have on the performance of the group. As a leader of high performance group, it is necessary to develop systems that would capture conflicts among the group members as soon as they arise. In order to manage conflict in such groups, a leader should consider the following. A leader should not ignore any form of conflict among the employees because when it is not addressed at its early stage, then it may give rise to other negative consequences that may affect the operations of the firm. A leader must have a clear proactive system that is able to identify conflicts within the group and offer clear guidelines on how to resolve it. A leader should encourage communication amongst conflicting groups as a way understanding each other. A leader should instil the spirit of tolerance amongst its employees as a way of creating an environment where conflicts can be resolved easily. Measuring the Performance of the Group It is always important to determine the performance of a group, especially if it has reached the fourth stage. High performance groups are always unique from other groups in the characte ristics they exhibit. The following are some of the characteristics that are always common among high performance groups Respect and trust among team members. High performance groups are always characterized by a high level of trust among group members. This helps in creating an environment where team members feel free to share their views, skills, talent, and knowledge with others. Clear communication system that enhances clarity and honesty among employees. In these groups, it is team members always have an understanding of what has been achieved, and what needs to be achieved (Harris, 2013). Positive results in the performance of the firm towards achieving success. The ultimate measure of performance would be the actual determination of the output posted by the team over a given period. High performance groups would always post good results, and their activities would always be seen to be in line with its vision. Conclusion Leading high performance groups can be a very challeng ing task. It requires a deep understanding of people within the group in order to develop strategies that would be acceptable to them. High performance groups are always defined by its leadership structure. It is clear from the above discussion that leaders have a great responsibilities of leading team members towards achieving the vision of a firm. To do this, leaders should understand various stages of leadership, and how they can influence team members at these stages in order to achieve success. References Harris, P. (2013). Developing High Performance Leaders: A Behavioral Science Guide for the Knowledge of Work Culture. New York: Routledge. Kliem, R. L. (2004). Leading high performance projects. Boca Raton: Ross Publishers. Nemiro, J. E. (2008). The handbook of high-performance virtual teams: A toolkit for collaborating across boundaries. San Francisco: Jossey-Bass. Partridge, L. (1999). Leading high performance. London: Financial Times Management. This report on Leading High Performance Groups was written and submitted by user Hayleigh S. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Thursday, March 19, 2020

The above statement and discuss its accuracy in relation to airspace and subterranean space Essays

The above statement and discuss its accuracy in relation to airspace and subterranean space Essays The above statement and discuss its accuracy in relation to airspace and subterranean space Essay The above statement and discuss its accuracy in relation to airspace and subterranean space Essay Essay Topic: Law The law concerning airspace and subterranean space appears to be exceptionally complex and to an extent even outdated. Sir William James attempt to clarify the law using the Latin maxim cuis est solum eius est usque ad coelum et ad inferos1 seems to have created even more legal uncertainty and appears to have done more harm than good. The maxim is now subject to vast exceptions as well as having been denounced by contemporary legal commentators and even senior judges. This essay will explore the accuracy of Sir William James judgement; it will also question the argument that the maxim is still considered the ordinary rule of law2 and will look at how modern land law has gone about dealing with the legal confusion caused by this judgement, focusing primarily on airspace and subterranean space. Firstly, in order to explain the above statement, it may be beneficial to look closely at the facts of the case in which the judgement was made (Corbett v Hill 1870)3. In brief, the case concerned the trespass of land where the claimant failed in attempting to seek an injunction to stop the defendant building a room over-looking the claimants property. After citing the maxim as being the ordinary rule of law4, Sir James admitted its exceptional level of legal ambiguity and even conceded that no doubt, [the maxim] is frequently rebutted5, especially in regards to property in towns [by] other adjoining tenements6. Thus, in relation to the accuracy of the statement, one must appreciate the case is from the 19th century; during a time when technology had not progressed as much as it has today and accordingly airborne methods of transport had not yet been invented. This meant trespassing through the higher levels of airspace would not have been an issue and consequently, detailed legislation regarding the law of airspace may not have been considered necessary at the time. Hence, it may be argued that Sir William James simply cited the maxim with the intention of it serving merely as a rough direction of law but, unaware of the rapid advancement of technology within the 21st century, and so the inventions of aeroplanes and other methods of aerial transport have subsequently required clarification within the law of airspace and have demonstrated the impracticality of applying the maxim in modern times. Inevitably, the judgement has caused vast legal uncertainty and for this reason has been at the centre of immense criticism from both legal commentators7 as well as even senior judges. The suggestion that a land owner has complete control of everything up to the sky and down to the centre of the earth is not only practically unrealistic, but also, theoretically delusional which has resulted in Sprankling8 dismissing the maxim as merely a poetic hyperbole9 suggesting its over-dramatic implications regarding a landowners rights in airspace and subterranean land. This criticism is supported by Lord Wilberforce who has openly criticized the maxims feasibility as being sweeping, unscientific and impractical10. Furthermore, its implication that land is only measureable on a two-dimensional level (in terms of its physical structure) is an argument that has been strongly dismissed by Gray and Gray (2009)11 who claim that portions of a land may be owned by several different owners and thus claim that a transfer of a merely two-dimensional plot of land would have little meaning and even less utility12. They argue that a third dimension of land should have been recognised within the maxim and should now be explicitly acknowledged by the courts as they believe it can exist as as an independent unit of real property13. Gray and Gray (2009) further criticise the maxim for being virtually worthless suggesting it holds very little, if any, legal value in the modern legal system. Hence, these strong dismissals and denunciations of the maxim by senior academics and legal professionals may be argued as representing the modern attitude towards it; suggesting its significance in modern land law is not as much as it was when cited in the 19th century or at the time of its creation. Inevitably, as a result of the vast legal ambiguity and immense criticism that the judgement has faced, a major attempt to rectify the confusion regarding airspace finally came about with the establishment of the terms the lower stratum and the upper stratum. Although these terms appeared to contradict the maxim, they created a groundbreaking change in the law of airspace by splitting airspace into two categories. The lower stratum is that which was necessary for the landowners reasonable enjoyment. In Bernstein14 it was held that determining the requirement of reasonable enjoyment15 is dependent on the type, height and size of the property. Whereas, the upper stratum is that which is above the height which is reasonably necessary for the ordinary enjoyment16. In Bernstein17, Griffiths J also stated that a landowner has no greater rights in the upper stratum than any other member of the public. This is also identically reflected with the obiter dicta of Lord Brown in Bocardo SA (2010)18 where he stated that the air is a public highway19 and if that was not true then every transcontinental flight would subject the operator to countless trespass suits. 20 Both statements appear to be valid and rational as there can be no private ownership of airspace which is entitled to the public. However, both of these statements appeared to be expressly undermined in Kelsen (1957)21 where it was held that the placing of an advertisement banner on (the upper stratum of) another persons land, although did not interfere with the defendants reasonable enjoyment, yet still constituted a trespass. This judgement can be criticised on the basis that it appears to overtly contradict the basic judgement in Bernstein and the consequently conventional principle that the upper stratum is open for the use of the public and that the landowner has no greater rights to it over any other public. However, in Liaqat v Majid22, Silber J justly diverged from the judgement in Kelsen23 and rightfully re-emphasized the principle established in Bernstein24 stating where the interference of land was at a height that did not interfere with the claimants airspace25 then it does not constitute a trespass. This principle was further re-emphasized in Manitoba and Air Canada (1978)26 in which the state of Manitoba argued that goods being sold on an aeroplane flying over Manitoba could be subjected to domestic taxing. Prima facie, it appears that if the maxim is applied retrospectively then technically Manitoba argument should be accepted, however, the maxim was again dismissed by the court and the claim failed as they emphasized the judgement in Bernstein27 that there can be no ownership of the upper stratum. The inaccuracy of the maxim is further demonstrated by the enactment of The Civil Aviation Act (1982)28. Section 76(1)29 discusses grounds for trespass30 and nuisance31 stating that no action can arise if an aircraft is flying over a property, providing it has shown consideration to the wind, weather and so long as all circumstances of the case [are] reasonable. The wording of this statute appears to be as equally ambiguous as the maxim itself in the sense that it leads to the question how would a mere bystander or a reasonable man know if an aircraft has had taken the wind and the weather into consideration and that all the circumstances of his flight are reasonable before establishing if his/her airspace had been trespassed?. Although there are exceptions for aeroplanes landing and taking off, the general rule stated in the Rules of the Air (Amendment) Regulations 200532 is that it is not permissible for an aircraft to fly any closer than 500 feet to any person, vessel, vehicle or structure. 33 Both statues have considerably clarified the confusion regarding invasion of airspace and have further demonstrated the inaccuracy of Sir James statement. Additionally, Gray and Gray (2009)34 further go on to emphasise the importance of remedies for trespass in modern land law. In particular, the rise in privacy laws such as Article 8(i) of the European Convention on Human Rights35, which give landowners the right to respect of his private and family life, his home and his correspondence36, have also had a big impact on modern land law. The question that subsequently arises is how does the law protect a landowner from invasion of his airspace or violation of his convention rights? The answer to this is damages are available on the grounds of trespass37 or nuisance38. It should be noted that trespass does not have to include damage to the property and can simply be interfering or crossing over onto another property without lawful consent. This is demonstrated in Lewvest Ltd (1982)39 where the court held that construction cranes which operated over the upper stratum40 of the claimants property constituted a trespass and thus, the defendants were required to pay damages. Prima facie, this judgement can be criticised on the basis that there was no direct or indirect damage to the claimants property as the claimant did not even suffer any physical loss but it was merely the defendant attempting to make use and benefit out of the claimants airspace. Consequently it may also be argued that the cranes were being operated on the upper stratum of the claimants property as it was out of the level of that which was necessary for the claimants reasonable enjoyment41 and so under the Bernstein principle that there is no ownership of the higher stratum. On the other hand, one can understand why the courts came about this judgement. In particular, the flood gates argument comes to mind in that, if the court held that large construction companies were able to use machinery over nearby property without facing any legal charges, this would cause an enormous influx of cases on the grounds of both trespass and nuisance. Hence, with the benefit of hindsight it appears that the judgement was valid. Similarly, there has been a substantial attempt to clarify the meaning, scope and invasion of the lower stratum through the aid of subsequent case law. Everyday scenarios such as cutting off your neighbours overhanging branches have been declared lawful however, after cutting the branches off they must be returned to the neighbour (Lemon v Webb)42. Subsequently, taking the fruits off the branch either for personal benefit or to sell them on has been declared unlawful (Mills v Brooker)43. It may be argued that all these judgements (regarding both the upper and lower stratum) have drastically moulded the modern law of airspace in an attempt to adapt to the lifestyle of the 21st century; in particular acknowledging the development of technology and airborne methods of transport. However, there still seems to be some unanswered questions which remain; for example, if a child playing football accidently kicks the ball over the fence does that encompass trespass? Alternatively, if youre next door neighbours pet comes into your garden and eats the food youve left for your pet does that include trespass? Likewise, the decision in Lemmon and Webb (date)44 appears to answer the obvious question regarding over-hanging branches, but fails to explicitly recognise or answer the somewhat un-obvious questions. For example, if someone puts their hand across the garden fence to try and cut a tree belonging to them but over-reaches onto their neighbours side of the garden; does this constitute trespass? Although, these are mere policy arguments and are not as common as the cases cited above, these scenarios should be taken into consideration by the courts and clarified before possible future cases arise and thus avert them from causing even more confusion regarding airspace. In relation to subterranean land, the maxim has caused just as much legal uncertainty and confusion as it has in regards to airspace. Although, it is certainly true in stating that a land owner has rights to land under the soil, however, the suggestion that these rights go down to the centre of the earth is equally as misleading as the suggestion his rights go up to the sky. The general rule regarding subterranean land, in particular treasure, is that if an item found fits under the definition of treasure (as defined in the Treasure Act 1996)45 then it automatically belongs to the crown. Under this definition, treasure is any object at least 300 years old with a metallic content of which at least 10% is precious metal. Subsequent case law has determined that, minerals, treasures and other inorganic substances which are found underneath the grounds of the owner all belong to landowner46. However there are exceptions regarding coal47 which has not been worked on and petroleum48; both of which belong to the Coal Authority and the Crown respectively. Gray and Gray (2009) further state that the landowner has no absolute title to the water that flows through his/her land whether it is through a channel or river. Although, in Embrey (1851) it was declared that the landowner has the right to reasonably enjoy the flow of water, however, this was later amended in John Young Co [1893] where it was held that this right only exists providing that the flow of water or its purity is not diminished for others to use. Likewise, in Fothringham (1984)49 it was held that the landowner has the right to fish in the water flowing through his land as far as he can reach by normal casting or spinning50. This was later strengthened and clarified in Nicholls[1936]51 where it was held that the landowner has the right to the fish once he/she catches and kills them they then become his/her property. As subterranean land is included within a landowners property, it is therefore possible to constitute trespass through the subterranean zone; the area beneath the land which is owned by the landowner. Subsequent case law has demonstrated various ways in which trespass of the subterranean zone have occurred including trespass via entry to a cave as demonstrated in Edwards (1930)52 or alternatively by installing sewage and draining pipe underneath the owners land without lawful consent or authorisation from the landowner as was the case in Roberts (2001). 53 Consequently, before identifying if there can be a possible claim of adverse possession, there are certain statutory and common law requirements which need to be fulfilled. These statutory requirements are listed within the Limitation Act (1980)54 which state that no action can be brought by a landowner in an attempt to recover his land after the expiration of twelve years from the date on which the right of action accrued to him, or from the date on which the right accrued to some person through whom he claims. The right of action is perceived as having accrued once a landowner has been dispossessed of his land or has discontinued use of it. In terms of airspace it is both practically and legally impossible for adverse possession of the higher stratum. This is because the higher stratum has been identified as being open for the use of the public55. Likewise, in terms of adverse possession of subterranean land, though it appears theoretically and to some extent lawfully possible however, it appears impractical and unfeasible. Moreover, in regards to classifying landowners subterranean rights including that of adverse possession, legal commentator Dr Jean Howel56 suggests that the same test that has been applied by Griffiths J in Bernstein57 should also be applied to identify ownership of subterranean land. This argument appears to be supported by the Supreme Court in Bocardo SA v Star where the court reduced damages in regards to subterranean trespass. They did so on the grounds that the defendants actions occasioned no harm whatsoever to the land and more importantly it did not interfere with Bocardos [the claimants] use or enjoyment of its land58. This judgement appears to be sensible and makes a substantial attempt to clarify the law regarding subterranean land by referencing the reasonable enjoyment of land principle established in Bernstein. However, although the principle seems to be an established precedent, it may be criticised for lacking practicality in regards to how it can be applied to subterranean land. The biggest problem being how would one classify what is reasonably necessary for enjoyment in terms of land under the ground? It is not as easy as classifying the lower and upper stratum of airspace as subterranean land is not as widely used as airspace. Hence, if Howels theory is applied, the courts will have the complex task in overtly establishing how far below the soil a landowner has rights to; with consideration to Gray and Gray (2009) who suggest that it is unlikely to be much further than 200 metres below the surface59. Furthermore, one must clearly comprehend and differentiate the fact that Spranklings commentary in Owning the Centre of the Earth60 and opinions therein reflect his thoughts on American land law which, although can be compared to Britain in some respects, cannot be applied wholly or generalised entirely to British land law .

Tuesday, March 3, 2020

3 Problems of Parallel Structure

3 Problems of Parallel Structure 3 Problems of Parallel Structure 3 Problems of Parallel Structure By Mark Nichol Faulty combination of elements in sentences is a common syntactical flaw. Here are three examples of this type of organizational error. 1. â€Å"She is bright, creative, and has much to share.† This sentence, in which the predicate includes two adjectives following a verb, then a conjunction and a verb phrase, is out of balance. The subject is credited with three attributes, and they must share one verb, or each must have its own verb. The sentence initially appears to follow the former rule, but then another verb appears. The only way to maintain this structure is to combine bright and creative into a single item: â€Å"She is bright and creative and has much to share.† (Note that the comma after creative is no longer necessary.) Alternatively, creative could be assigned its own verb, but it and the final phrase would require a proprietary repetition of the pronoun as well: â€Å"She is bright, she is creative, and she has much to share.† 2. â€Å"We’ve saved a lot of money by using less paper, less water, less energy, and by creating less waste.† Savings have occurred thanks to two factors: 1) use of less paper, water, and energy and 2) less production of waste; this sentence fails to structure this description correctly. The list of three items is distinct from the second element of the sentence, so it must include a conjunction between the second and third items: â€Å"We’ve saved a lot of money by using less paper, less water, and less energy and by creating less waste.† (Note also that because â€Å"less energy† is no longer mistakenly regarded as the penultimate item in a list of four things, no comma is necessary after the phrase.) 3. â€Å"His positive energy and willingness to work hard on every assignment is key to his success.† When two nouns separated by a conjunction follow an adjective, the adjective generally applies to both nouns, but here, positive applies only to energy, so the pronoun must be repeated before willingness to clarify that â€Å"positive willingness† is not implied: â€Å"His positive energy and his willingness to work hard on every assignment is key to his success.† Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Grammar category, check our popular posts, or choose a related post below:Is She a "Lady" or a "Woman"?â€Å"As Well As† Does Not Mean â€Å"And†Continue and "Continue on"

Sunday, February 16, 2020

Protection of Human Rights Essay Example | Topics and Well Written Essays - 3000 words

Protection of Human Rights - Essay Example This was a landmark happening in the arena of Human Rights as to a very large extent, it ended the immunity of a ruler against violation of Human Rights. Recent hanging of Saddam Hussein perhaps would have had the same effect, but for the flawed law procedures and blatant desire to hang him, irrespective of trial outcome. "Since Human Rights violations are usually committed by state officials, agents or persons otherwise acting "under color" of State authority, State (or sovereign) thus imposes a significant constraint on the use of U.S. courts in civil suits concerning human rights violations committed abroad," http://www.jstor.org/view/00029300/di007418/00p0336n/0 Human Rights violation could be anything from discrimination to genocide, apartheid, holocaust torture, police encounter killings, or illegal executions of political opponents. In United States, The Homeland Security Enhancement Act of 2003 (HSEA) was opposed by Human Rights Watch, a non-governmental organisation committed to upholding human rights because "The CLEAR Act and HSEA require state and local jurisdictions to pass laws or otherwise authorize state and local police forces to investigate, apprehend, detain, or remove non-citizens for civil violations of U.S. immigration law" and if the State refuses to do so, it could be denied federal immigration funds and this was thought to be an extremely highhanded statement. This could lead to arbitrary and erroneous arrests, deportations, and disproportionate fines, unjust and arbitrary deprivations and could increase vulnerability of immigrant women and children to violence, blackmail and abuse. http://hrw.org/english/docs/2004/04/2 1/usdom8473.htm According to Amnesty International, Turkey is going through human rights violation, as the government officials are routinely carrying out torture and execution not only of political opponents, but also of writers, artists, journalists, who have not adhered to the strict authoritarian rule. This has led to many deaths of suspects who were rounded up without any evidence or proof. "Many allegations of extrajudicial execution have been made against members of Special Operations Teams. These are technically police officers under the authority of the Interior Ministry, heavily armed for close combat with the PKK. Special Operations Team members frequently accompany members of the paramilitary village guard force and gendarmes in security raids on villages. Regular army and air forces also participate in large operations in the southeast" http://www.amnesty.org/ailib/intcam/turkey/turkint.htm Chile, apart from what happened during the dictatorship, has acknowledged the continuous legacy of torture by state officials as it remained a state policy, to some extent, even to this day. An unfortunate legacy to have; but the Presidential Commission confronted the Government with all evidences and proofs and everything was beyond even a modicum of doubt. "The chief of the army, Gen. Juan Emilio Cheyre, anticipated the commission's report in a November 5 article in which he acknowledged for the first time the army's institutional responsibility for human rights violations. He pointed out that the context of ideological conflict and the Cold War might explain but could never justify human rights violations" http://hrw.org/english/docs/2004/11/29/chile9742.htm. Despite this, Police and other armed forces have not been so forthright and