Monday, December 30, 2019
Timeline of Major US Public Land Laws and Acts
Beginning with the Congressional Act of 16 September 1776 and the Land Ordinance of 1785, a wide variety of Congressional acts governed the distribution of federal land in the thirty public land states. Various acts opened up new territories, established the practice of offering land as compensation for military service, and extended preemption rights to squatters. These acts each resulted in the first transfer of land from the federal government to individuals. This list is not exhaustive, and does not include acts that temporarily extended the provisions of earlier acts, or private acts that were passed for the benefit of individuals. Timeline of U.S. Public Land Acts 16 September 1776: This Congressional Act established guidelines for granting lands of 100 to 500 acres, termed bounty land, for those who enlisted in the Continental Army to fight in the American Revolution. That Congress make provision for granting lands, in the following proportions: to the officers and soldiers who shall so engage in the service, and continue therein to the close of the war, or until discharged by Congress, and to the representatives of such officers and soldiers as shall be slain by the enemy: To a colonel, 500 acres; to a lieutenant colonel, 450; to a major, 400; to a captain, 300; to a lieutenant, 200; to an ensign, 150; each non-commissioned officer and soldier, 100... 20 May 1785: Congress enacted the first law to manage the Public Lands that resulted from the thirteen newly independent states agreeing to relinquish their western land claims and allow the land to become the joint property of all citizens of the new nation. The 1785 Ordinance for the public lands northwest of the Ohio provided for their survey and sale in tracts of no less than 640 acres. This began the cash-entry system for federal lands. Be it ordained by the United States in Congress assembled, that the territory ceded by individual States to the United States, which has been purchased of the Indian inhabitants, shall be disposed of in the following manner... 10 May 1800: The Land Act of 1800, also known as the Harrison Land Act for its author William Henry Harrison, reduced the minimum purchasable unit of land to 320 acres, and also introduced the option of credit sales to encourage land sales. Land purchased under the Harrison Land Act of 1800 could be paid for in four designated payments over a period of four years. The government ultimately ended up expelling thousands of individuals who could not make the repayment of their loans within the set time, and some of this land ended up being resold by the federal government several times before defaults were rescinded by the Land Act of 1820. An act providing for the sale of the land of the United States, in the territory north-west of the Ohio, and above the mouth of the Kentucky river. 3 March 1801: Passage of the 1801 Act was the first of many laws passed by Congress giving preemption or preference rights to settlers in the Northwest Territory who had purchased lands from John Cleves Symmes, a judge of the Territory whose own claims to the lands had been nullified. An Act giving a right of pre-emption to certain persons to certain persons who have contracted with John Cleves Symmes, or his associates, for lands lying between the Miami rivers, in the territory of the United States northwest of the Ohio. 3 March 1807: Congress passed a law granting preemption rights to certain settlers in Michigan Territory, where a number of grants had been made under both prior French and British rule. ...to every person or persons in actual possession, occupancy, and improvement, of any tract or parcel of land in his, her, or their own right, at the time of the passing of this act, within that part of the Territory of Michigan, to which the Indian title has been extinguished, and which said tract or parcel of land was settled, occupied, and improved, by him, her, or them, prior to and on the first day of July, one thousand seven hundred and ninety six...the said tract or parcel of land thus possessed, occupied, and improved, shall be granted, and such occupant or occupants shall be confirmed in the title to the same, as an estate of inheritance, in fee simple... 3 March 1807: The Intrusion Act of 1807 attempted to discourage squatters, or settlements being made on lands ceded to the United States, until authorized by law. The act also authorized the government to forcibly remove squatters from privately-owned land if the owners petitioned the government. Existing squatters on unoccupied land were allowed to claim as tenants of will up to 320 acres if they registered with the local land office by the end of 1807. They also agreed to give quiet possession or abandon the land when the government disposed of it to others. That any person or persons who, before the passing of this act, had taken possession of, occupied, or made a settlement on any lands ceded or secured to the United States...and who at the time of passing this act does or do actually inhabit and reside on such lands, may, at any time prior to the first day of January next, apply to the proper register or recorder...such applicant or applicants to remin on such tract or tracts of land, not exceeding three hundred and twenty acres for each applicant, as tenants at will, on such terms and conditions as shall prevent any waste or damages on such lands... 5 February 1813: The Illinois Preemption Act of 5 February 1813 granted preemption rights to all actual settlers in Illinois. This was the first law enacted by Congress which conveyed blanket preemption rights to all squatters in a speciï ¬ ed region and not simply to certain categories of claimants, taking the unusual step of going against the recommendation of the House Committee on Public Lands, which strongly opposed granting blanket preemption rights on the grounds that doing so would encourage future squatting.1 That every person, or legal representative of every person, who has actually inhabited and cultivated a tract of land lying in either of the districts established for the sale of public lands, in the Illinois territory, which tract is not rightfully claimed by any other person and who shall not have removed from said territory; every such person and his legal representatives shall be entitled to a preference in becoming the purchaser from the United States of such tract of land at private sale... 24 April 1820: The Land Act of 1820, also referred to as the 1820 Sale Act, reduced the price of federal land (at the time this applied to land in the Northwest Territory and Missouri Territory) to $1.25 acre, with a minimum purchase of 80 acres and a down payment of only $100. Further, the act gave squatters the right to preempt these conditions and purchase the land even more cheaply if they had made improvements to the land such as the building of homes, fences, or mills. This act eliminated the practice of credit sales, or the purchase of public land in the United States on credit. That from and after the first day of July next [1820] , all the public lands of the United States, the sale of which is, or may be authorized by law, shall when offered at public sale, to the highest bidder, be offered in half quarter sections [80 acres] ; and when offered at private sale, may be purchased, at the option of the purchaser, either in entire sections [640 acres] , half sections [320 acres] , quarter sections [160 acres] , or half quarter sections [80 acres] ... 4 September 1841: Following several early preemption acts, a permanent preemption law went into effect with the passage of the Preemption Act of 1841. This legislation (see Sections 9ââ¬â10) permitted an individual to settle and cultivate up to 160 acres of land and to then purchase that land within a specified time after either survey or settlement at $1.25 per acre. This preemption act was repealed in 1891. And be it further enacted, That from and after the passage of this act, every person being the head of a family, or widow, or single man, over the age of twenty-one years, and being a citizen of the United States, or having filed his declaration of intention to become a citizen as required by the naturalization laws, who since the first day of June A.D. eighteen hundred and forty, has made or shall hereafter make a settlement in person on the public lands...is hereby, authorized to enter with the register of the land office for the district in which such land may lie, by legal subdivisions, any number of acres not exceeding one hundred and sixty, or a quarter section of land, to include the residence of such claimant, upon paying to the United States the minimum price of such land... 27 September 1850: The Donation Land Claim Act of 1850, also called the Donation Land Act, provided free land to all white or mixed-blood Native American settlers who arrived in Oregon Territory (the present-day states of Oregon, Idaho, Washington, and part of Wyoming) before December 1, 1855, based on four years of residence and cultivation of the land. The law, which granted 320 acres to unmarried male citizens eighteen or older, and 640 acres to married couples, split equally between them, was one of the first that allowed married women in the United States to hold land under their own name. That there shall be, and hereby is, granted to every white settler or occupant of the public lands, American half-breed Indians included, above the age of eighteen years, being a citizen of the United States....the quantity of one half section, or three hundred and twenty acres of land, if a single man, and if a married man, or if he shall become married within one year from the first day of December, eighteen hundred and fifty, the quantity of one section, or six hundred and forty acres, one half to himself and the other half to his wife, to be held by her in her own right... 3 March 1855: ââ¬â The Bounty Land Act of 1855 entitled U.S. military veterans or their survivors to receive a warrant or certificate which could then be redeemed in person at any federal land office for 160 acres of federally owned land. This act extended the benefits. The warrant could also be sold or transferred to another individual who could then obtain the land under the same conditions. This act extended the conditions of several smaller bounty land acts passed between 1847 and 1854 to cover more soldiers and sailors, and provide additional acreage. That each of the surviving commissioned and non-commissioned officers, musicians, and privates, whether of regulars, volunteers, rangers, or militia, who were regularly mustered into the service of the United States, and every officer, commissioned and non-commissioned seaman, ordinary seaman, flotilla-man, marine, clerk, and landsman in the navy, in any of the wars in which this country has been engaged since seventeen hundred and ninety, and each of the survivors of the militia, or volunteers, or State troops of any State or Territory, called into military service, and regularly mustered therein, and whose services have been paid by the United States, shall be entitled to receive a certificate or warrant from the Department of the Interior for one hundred and sixty acres of land... 20 May 1862: Probably the best recognized of all land acts in the United States, the Homestead Act was signed into law by President Abraham Lincoln on 20 May 1862. Taking effect on 1 January 1863, the Homestead Act made it possible for any adult male U.S. citizen, or intended citizen, who had never taken up arms against the United States, to gain title to 160 acres of undeveloped land by living on it five years and paying eighteen dollars in fees. Female heads of household were also eligible. African-Americans later become eligible when the 14th Amendment granted them citizenship in 1868. Specific requirements for ownership included building a home, making improvements, and farming the land before they could own it outright. Alternatively, the homesteader could purchase the land for $1.25 per acre after having lived on the land for at least six months. Several previous homestead acts introduced in 1852, 1853, and 1860, failed to be passed into law. That any person who is the head of a family, or who has arrived at the age of twenty-one years, and is a citizen of the United States, or who shall have filed his declaration of intention to become such, as required by the naturalization laws of the United States, and who has never borne arms against the United States Government or given aid or comfort to its enemies, shall, from and after the first January, eighteen hundred and sixty-three, be entitled to enter one quarter section [160 acres] or a less quantity of unappropriated public lands...
Sunday, December 22, 2019
Apple Computer, Inc. - 1620 Words
Overview Apple Computer, Inc. originated as merely an idea, coming to realization in the basement of Steve Jobââ¬â¢s parentââ¬â¢s house. Apple has come a long way since it started and has been acknowledged for its accomplishments in pioneering products, marketing, and services. With the way the business operates, has inspired companies all over the world. As you read, I will be look at how exactly it brought this company to these great accomplishments and what can be learned from the company. Strategic management Apple takes pride in their appearance, which helped them to accomplish high sale volumes, in turn cultivate a large dedicated customer base. When a company is considering strategy, they need to realize where your priorities lie. Asâ⬠¦show more contentâ⬠¦One of Appleââ¬â¢s biggest strengths and aspects of their image originates from their vision. Their excellent talent to design creative products and remarkable campaigns has helped Apple exceed even their largest competitors. While most companies try to cut costs when developing a marketing plan, Apple focuses on making their products unique. In fact in 2007, Apple was named the Most Innovated Company by Business Week for the third year in a row (Ireland, Hoskisson, Hitt, 2008). Another great marketing strategies was iTunes music store, where people can preview and download songs right onto their Mac, PC or iPod. The original idea behind iTunes was to offer a solution to the illegal downloading of music and software from rival sources like Napster and Kazaa (Ireland, Hoskisson, Hitt, 2008). With illegal downloading, Apple paid close attention to their external surroundings and decided to use this problem troubling studios and artist as an opportunity. The iTunes solution not only helped their cause and significantly lowered the illegal pirating of music, but it served as a great marketing tool to promote their iPod products. Even though Apple only makes about 10 cents per song, it has provided them with an excellent marketing tool bringing attention and interest to their products (Ireland, Hoskisson, Hitt, 2008). Creativity has helped Apple to triumph. The iPod blew consumers away, providing them
Saturday, December 14, 2019
Bad News or Refusal Letter Free Essays
Oven last April 3, 2007. At BD Small appliances, we value customer satisfaction over anything else. We also take pride in providing quality assurance certified appliances to all out clients and do our best to offer the best after sales service in the market today through our optional extended warranty offer. We will write a custom essay sample on Bad News or Refusal Letter or any similar topic only for you Order Now Under the extended warranty offer, any appliance bought from our store carries an extended 2-year warranty on parts for factory defective appliances as well as free repair and service covering the first year of purchase. The extended warranty also comes with an option to replace the defective unit upon the request of the client. No questions asked. Unfortunately, your purchase is only covered by the regular warranty of the toaster that is good for only one year and covers only factory defects. The problem with your toaster stems from client misuse. Our company technician found a substance similar to melted butter and an unidentifiable sticky substance covering the heating coils. This is what caused the toaster to break down. I also regret to inform you that because the defect of the toaster is does not stem from the factory production, the only option we can offer you is a repair of the item. The cost of the repair will be $47. 00, while a new toaster will cost $50. 00. As I explained above, the toaster is not covered by the extended warranty that would have allowed us to replace the toaster free of charge instead of repairing it. This is why we cannot accommodate your request for a brand new Moulinex Soft Crunch Toaster. I also regret to inform you that our return and refund policy only covers items purchased within 7 days. Refunds are also only done in the event of a factory defect. We would therefore like you to consider the 2 other options available to you, that is you may pay for the repair of the item or purchase a new one. Feel free to contact me at my direct number indicated at the end of this letter once you have made your decision or if you need further clarifications regarding this letter. I will be happy to confer with you at your convenience. Our company wishes we could do more for you to make up for the lost appliance so please accept the discount coupon worth $5. 00 attached to this letter to help towards the purchase or repair of the your item. This has been a very difficult decision for our company to arrive at. I would have liked to bend company policy for you and give you a new toaster if it were possible for me to do so. I hope that this incident will not become a deterrent that will stop you from making future purchases at BD Small Appliances. Sincerely, Nicole Bridgford Customer Service Representative Contact Number: 551-429876 (Office Hours Only) How to cite Bad News or Refusal Letter, Papers
Friday, December 6, 2019
Does Immigration Contribute to a Better America free essay sample
He stressed the ramifications of the ââ¬Å"demographic mutationâ⬠(pg 40) that America is undergoing and the fear that this country will become a ââ¬Å"freakâ⬠(pg 40) among the worldââ¬â¢s nations. The Immigration policy is an extremely relevant issue in todayââ¬â¢s society. Although, the idea of immigration being a ââ¬Å"crisisâ⬠allows for misinterpretation. Many Americans fail to take into consideration the positive effects that a highly diverse country brings to each individual person. Evidence of the social, cultural, national and economical effects indeed show that with the proper regulations and implementations, immigration contributes to a better America. In the words of Phillippe Legrain in The Case for Immigration: The Secret to Economic Vibrancy , the ââ¬Å"potential gains from freer migration are hugeâ⬠(pg 34). No matter which way the term is looked at, diversity cannot be seen as a bad thing. Having hundreds of thousands of millions of different kinds of people all living in the relatively same environment is a wonderful thing. Immigrants almost all the time take jobs that Americans don not want. Colonists immigrated to the United States voluntarily; they helped mold this country to be what it is today. Colonists put laws and rules into play to create the law and political system we have today. Slaves were brought to this country forcefully, but have had equally if not more of the same impacts as colonists have. Slaves economically molded this country. They did all of the work while their owners took the credit. Most states, especially southern states, have slave foundations, meaning slaves built that state. Slaves built the White House, where are president and his family resides. One of if not the most important building in our country was built by slaves. When slaves were brought to America it was not looked at as immigration, but an economic investment. That is extremely inhumane; but ,why was not it looked at as immigration. Americans are quick to say immigrants are bad for our country, but as soon as immigrants are looked at as beneficial, somehow all of those views are suddenly brushed under the rug or the furthest from our minds. Speaking about today or even tracing back to early immigration, immigrants have always been poor and want nothing but a better life for their family. In the book The Case for Immigration: The Secret to Economic Vibrancy, Phillippe Legrain says ââ¬Å"Immigrants are not an invading army; they are mostly people seeking a better life And just as it is beneficial for people to move from Alabama to California in response to market signals,à so too from Mexico to the United States. â⬠Immigrants come to places like the United States because they arenââ¬â¢t offered good or even mediocre jobs and school opportunities in their native country. Not a lot of countries are fortunate enough as the United States, but as Americans donââ¬â¢t we believe in equal opportunity. Not just equal opportunity for Americans, but equal opportunity for the human race. Why would we say someone couldnââ¬â¢t try to make his or her children have a better life than he or she had? Are we that territorial as Americans where we shut down hopes and dreams based on the marked linesà of latitude and longitude? Are we that shallow? Immigrants whether child or adult deserve a chance to present themselves with or earn a life worth living by their standards. Many Americans argue that their problem isnââ¬â¢t with immigrants but with illegal aliens. The only difference between an immigrant and an illegal alien is an immigrant has identification paper to be in this country and an illegal alien does not. The average cost of a permanent United States visa is up to or over two thousand dollars. The average waiting list for the United States visa can be up to or over ten years not to mention immigrantsà have to pass a test proving that they know enough about the United States. Being that most immigrants are already poor they cannot afford to pay for a visa for themselves and especially not their whole family. If someone did come to America as an illegal alien they could never live as a regular citizen. They could never own a home, a car, and it would be extremely difficult to start school or put their children in school. They would constantly be on the run and fear being deported. Americans complain that immigrants are coming to this country and taking ourà jobs, but the jobs they work Americans donââ¬â¢t care about or feel as if they are too good to work them. In the book The Case for Immigration: The Secret to Economic Vibrancy, Phillippe Legrain says ââ¬Å"Many (immigrants) are drawn to rich countries such as the United States by the huge demand for workers to fill the low-end jobs that their increasingly well-educated and comfortable citizens do not wantâ⬠Immigrants are rarely doctors, lawyers or entertainers; for they always do the jobs that Americans feels they are too good for. Immigrants are usually maids, taxi drivers, restaurant workers, construction workers or in the lawn care business. Americans have different perceptions of the American dream. Americans feel the American dream is social success and wealth. We as a country feel as though the American dream for them is to have a job worth bragging about and having money to buy anything they desire. Immigrants see the American dream as being happy and not being extremely poor. They more so see it as being able to give their children a fighting chance in this country with jobs and a chance to live a life they want, while their parents had to live a life forced upon them. Everyone in America has equal opportunity to live the life they want if they work hard enough, shouldnââ¬â¢tà everyone be allotted that oppritunity? In the novel Alien Nation: Common Sense About Americaââ¬â¢s Immigration Disaster Peter Brimelow states ââ¬Å"Today, U. S. government policy is literally dissolving the people and electing a new oneâ⬠¦the fact is undeniableâ⬠. The government cannot dissolve a people and elect a new one because we are all in fact one people. If different people are coming into political office it better represents our country. The country we live in is made up of many different cultures and races, therefore that should be represented in our government, because our government represents our country to other countries in theà world. The US needs immigrants because they are different, and that something extra they add to the mix enriches the economy, culture and society. For a start, they tend to be enterprising and hard-working, because it takes courage to uproot yourself in search of a better life and because those with the most grit have the most to gain from doing so. Immigrants broaden the range of cultural experiences available in the US, and this mingling of cultures leads to distinctive innovations. An example of an immigrant innovator is India native Shradha Agarwal , who earned a degree in journalism atà Northwestern University in Illinois. She then founded ContextMedia, a health care media company, and positioned it as a ââ¬Å"for-benefitâ⬠venture, a profitable enterprise with clear social benefits. Another example is Ashifi Gogo of Ghana is the chief executive officer of Sproxil, a social enterprise that markets Mobile Product Authentication, a technology used to combat the multibillion-dollar fake drug market. Users can use the technology to verify the authenticity of their medication. Sproxil is used in many industries worldwide, including automotive goods. To conclude, immigrants very much so contribute to a better America. Those who come from countries that offer fewer opportunities to their citizens than America does are more willing to do the low-skilled jobs that Americas aging and increasingly wealthy society relies on, but which its increasingly well-educated and comfortable citizens are unwilling to take essential services, such as caring for the young and the old, and cleaning homes, offices and hospitals, that cannot readily be mechanized or imported. Others bring exceptional individual skills that American companies need if they are to compete in a global marketplace. And immigrants collective diversity and dynamismà helps spur innovation and economic growth, because if people who think differently bounce ideas off each other they can solve problems better and faster. Fears that immigrants threaten American workers are based on two fallacies: that there is a fixed number of jobs in the economy, and that foreign workers are direct substitutes for American ones. Just as women did not deprive men of jobs when they entered the labor force in large numbers, foreigners dont steal Americans jobs-they dont just take jobs; they create them too. Immigrants can be just as much Americans as we are. This country was built by immigration and that should be embraced.
Thursday, November 28, 2019
4 Great Ways Brands Have Used Live Video
With more brands taking advantage of live video, itââ¬â¢s clearly a rising star in the world of content marketing. Facebook Live and similar social platforms allow companies to get creative with their branding and engage with viewers in an authentic, less scripted way. Why Live Video Works There are a few factors that contribute to live videoââ¬â¢s effectiveness as a content marketing tool: Theyââ¬â¢re Visually Compelling: Weââ¬â¢re visual creatures so itââ¬â¢s no surprise that video often grabs peopleââ¬â¢s attention more readily than text. Opportunity for Two-Way Engagement: A live broadcast offers more opportunities for users to contribute comments or ask questions in real-time. FOMO: Social media has heightened our collective fear of missing out (FOMO). Live video taps into the desire to experience an event as it occurs, rather than watching it after the fact. Authenticity: With a live broadcast, thereââ¬â¢s no editing and no chance for a re-take. Mistakes may occur, but those goofs tend to humanize a brand, making you more relatable. Brands That Are Getting It Right BuzzFeed You canââ¬â¢t discuss live video without mentioning BuzzFeed. The viral-content giant scored a video victory when they streamed two of their employees wrapping rubber bands around a watermelon until it exploded. At one point, over 800,000 viewers were watching the live stream and more than 9 million curious viewers have seen the video since then. This is a great reminder that engaging live videos will continue to pay off long after the original broadcast. BuzzFeedââ¬â¢s success also shows that brands donââ¬â¢t necessarily need slick, big-budget videos to succeed if they deliver exciting content that viewers want to watch. Dunkin Donuts A popular Valentineââ¬â¢s Day broadcast showed the construction of an enormous wedding cake made of donuts and brought in over 36,000 viewers. This figure might seem to pale in comparison to Buzzfeedââ¬â¢s audience, but then again, the donuts werenââ¬â¢t exploding. Benefit Cosmetics The makeup brand hosts a weekly Facebook Live broadcast called ââ¬Å"Tipsy Tricks.â⬠During these popular ââ¬Å"talk showâ⬠sessions, the hosts sip wine while sharing makeup tips and responding to viewer questions. Benefit doesnââ¬â¢t create these videos to drive sales or push a particular product. Their goal is to build brand awareness by delivering a winning combination of education and entertainment that has viewers coming back week after week. Benefit has also put together a reliable strategy for promoting Tipsy Tricks. On the day of the broadcast, the brand publishes a Snapchat story and Instagram post that gives users a peek behind the scenes and reminds them to watch the live stream later. General Motors GM was the first automaker to take advantage of Facebook Live. They used the platform to introduce their new electric vehicle, the 2017 Chevrolet Bolt, at the Consumer Electronics Show with about 24,500 viewers tuning in. While it was only a tiny percentage of Chevyââ¬â¢s 17 million Facebook fans, the goal of live video isnââ¬â¢t always to generate the largest number of viewers. The people most likely to view General Motorsââ¬â¢ live stream were probably the consumers closest to purchasing the Bolt or talking about the electric vehicle with friends. Implementing Live Video Into Your Content Strategy If you havenââ¬â¢t yet established a live video presence for your brand, thereââ¬â¢s no better time to start. The brands we profiled might be big players, but live video can deliver value for a small businessââ¬â¢ content strategy as well. The key to success is to establish what goals you want to accomplish and plan a live event that will help you reach them. Your company does something really well that your target audience would likely be interested in. If you can figure out what would work well for an event or series, youââ¬â¢ll be able to take advantage of the awareness and engagement live video can create.
Monday, November 25, 2019
buy custom Murder Law in the United Kingdom essay
buy custom Murder Law in the United Kingdom essay Introduction Since World War II in 1945, there has been a continued controversy regarding capital punishment in the UK. Various abolishment campaigns were actually launched after the war and the Homicide Act was passed in 1957. The Act introduced restrictions to the capital punishment law in an attempt to reserve the punishment in law for those who actually deserve it. However, several controversies erupted after the review and there was widespread dissatisfaction from the public regarding murder laws. In fact, convictions in capital punishment became less common. The last persons to face the murder law in Britain were executed in 1964. After continued campaigns from various human rights groups, the death penalty was abolished in 1999 when Home Secretary signed the 6th protocol of European Convention of Human Rights. The main debate has been that capital punishment denies a person a right to life, which is a democratic right of any individual. However, crime is everywhere and there is always loss of life due to criminal activities or in most cases psychological torture and decrease in the quality of life. Some of these crimes include rape, murder and terrorism, just to name a few. This paper will evaluate various contexts of the current murder law in the UK to assess its acceptability. Elements of criminal liability Generally, the basis of liability imposition on a criminal is that there must be enough proof that the defendant is guilty of committing a criminal offence while in a guilty state of mind. This comprises of physical elements known as actus reus followed by the mental state referred to as mens rea. The prosecution has a fundamental duty to verify proof of these elements in the offence to the level that satisfies the judge or the jury beyond doubt. If the is no sufficient proof, the jury is required to acquit the defendant. The two elements are used to analyze criminal offences in the English law. They stipulate that a defendant is not necessarily guilt unless he or she committed crime with a guilty mind. The actus reus constitutes more than just a mere act. It determines whether the circumstances and the consequences of the crime are recognized for prove of liability of the criminal offence under evaluation. This simply means that every element of the offence apart from the mental element is encompassed by the actus reus. It is the external or physical element of a criminal offence and is the Latin word for guilty act. Therefore, if the defendant did something amounting to criminal offence, there are other situations of omission that may be sufficient for actus reus. However, under normal rule, omission cannot guarantee that the defendant is guilty of an offence. However, a criminal offender may incur criminal liability if the crime was committed as a positive act, for example, forcefully holding the head of another person in water leading to his or her death. In case of a stranger who watches as a victim drowns without interening, the stranger would not incur criminal liability sinc e the victim would have whatsoever. On the other hand, mens rea literally means a guilty mind contrary to actus reus which means guilty act. In any offence, both of these elements must be present for proof of criminal liability. The idea of fault proven resides in the mind of the offender when he or she is committing the criminal act. Most notably, the actual state of mind required may vary from one crime to another. For instance, in murder and manslaughter, the intention to kill must be proved for imposition of criminal liability. The only exception to this principle is the strict liability concept. Here, no mens rea is required to be proved prior to one or more elements of the actus reus. The rationale of mens rea is whether the crime was committed as voluntary action, intentionally or with knowledge of all elements of the crime. Voluntariness, causation and omission in actus reus Under actus reus, there are concepts of voluntariness and causation besides the previously discussed omission. In the features of Actus reus, a murder must be a voluntary act and in some cases, there must a consequence of the offence. For example, in other offences such as assault that results in actual bodily harm, there must be visible injuries inflicted on the plaintiff. The law of causation in actus reus stipulates that an act must cause the result. It shows that death would not have results were it not for the conduct of the defendant. However, irrational application of this rule can lead to unjust rulings hence legal causation is established before the defendant is convicted of murder. It means that the conduct that led to the plaintiffs death must be worth of blame. Nevertheless, there are difficult questions that arise regarding where to draw the line but the extremes are clear. For example, if someone invites the other to dinner and the invitee is run over by a car on his wa y to the dinner, it would be absurd to claim that the inviter is guilty of murder. A guilty case of causation would be an individual who points a gun at another with an intention of killing him and eventually pulls the trigger. His conduct has undoubtedly caused the death of the victim and both factual and legal causation are obvious. Actus reus omissions are only viable when there is a duty to act. In English law, a defendant can be found to be criminally liable if he has failed to act in places where he or she has a duty to act. For example, a railway employee who opens a railway crossing to let a cart pass but forgets to shut the gates leading to the death of the cart driver when ran over by a train will be criminally liable for manslaughter. However, in normal criminal law, a defendant may not be found guilty just because he or she merely failed to act. Nevertheless, there are limited exceptions to this rule. Actus reus must always be voluntary. This includes strict liability offences in relation to actus reus. A bus driver would not be convvicted with murder of passengers if he suffered a heart attack leading to a car crash that kills several passengers. His actions will be involuntary hence an essential element of actus reus will be missing. However, the British courts ensure strict boundaries governing invo luntary conduct to emphasize the importance of fault absence of the defendant. In the previous example, if the bus driver had experienced heart attack signs before driving and continued to drive, he would be liable of criminal offence of murdering the passengers since he would have deferred driving and sought help. Mens rea of murder and the problems with proving intention The jury is charged with the duty of deciding whether the accused has satisfactory mens rea or not. The meaning of the term intention has been met with reluctant expression from judges. It should be noticed however that it is possible to intend to do something without desiring it. This is referred to as oblique intent as was reinforced in Moloney case law (1985). In case of murder, the meaning of intention is not clearly defined but definitions state what it is not. This is not satisfactory as a mens rea consequence. In this context, a defendant may be regarded to act intentionally with respect to the circumstance that he or she hoped to exist would exist. Intention also entails recklessness which means taking an unjustifiable risk. However, it is wider than intention. The state of mind constitutes of intention and is one of the main elements of mens rea. In fact, in murder it is the only element of mens rea. The jury must make a decision using all available evidence whether the accu sed intentionally committed the murder intentionally. The jury has the responsibility to find out if the accused intended to bring about the consequences of his conduct or if he was virtually certain and recognized it as so. Intention should not be confused with motive or recklessness and for this reason; crimes are categorized as basic intent or specific intent. Murder law: sufficient or in need of reform? The current UK murder law is not satisfactory and has raised various controversies in a quest for review. The legislation is needed to be clear and ensure public confidence. There are calls for various degrees of murder which have been supported by the director of public prosecutions. This is in the wake of criticism towards the current life sentence to murder convicts. The cries are pressuring the jury to implement various degrees of murder charges. In fact, the government has been responsive and is considering recommendations. A similar approach was used in the US and such a change could result into the UK having a legal system with first degree murder having a life sentence on proof of intent to kill. Moreover, second degree murder as well as manslaughter with proved intent to kill would bear a discretionary life sentence. The law commission suggested that murder should be graded which is an appropriate reform to the murder law. Buy custom Murder Law in the United Kingdom essay
Thursday, November 21, 2019
Ebola disease Essay Example | Topics and Well Written Essays - 250 words
Ebola disease - Essay Example The medical laboratory diagnosis illustrates a decrease in platelets and low white blood cells count together with an enzyme elevation (Hewlett & Hewlett, 2008). In clinical check up, it is difficult to differentiate Ebola Viral Disease from other common infectious diseases like typhoid, meningitis, malaria and fever. There are several ways to reaffirm whether the symptoms are Ebola viral infections. Antigen capture detection tests, electron microscopy and antibody capture immonusorbent assay of enzyme linkage are some of the prime investigations for Ebola virus (Stimola, 2011). Other methods include cell culture viral isolation, reverse polymerase chain reaction assay and serum neutralization test. Maximum biological containment option is needed to conduct biological non-inactivated laboratory testing to avoid further infection. In treatment, Ebola requires oral and intravenous fluids alongside care rehydration. Specific signs and symptoms treatment increase the chances for survival since there is no specific treatment for this killer disease now. A range of treatments like immune therapies, blood products treatments and drug therapies are in the current evaluation to reduce Ebola risks. There is also an absence of licensed vaccines for Ebola prevention, but the discovered vaccines are still under the safety for human testing (Stimola,
Wednesday, November 20, 2019
Nonprofit Grant Assignment Example | Topics and Well Written Essays - 1750 words
Nonprofit Grant - Assignment Example ons of young boys around the country and coming this year, hundreds of events are being planned, all over the country, to commemorate the Gold anniversary of the BSA. The organization seeks a grant for the Jamboree celebration that has been planned from the 24th of July to the 4th of August, an event in which approximately 50,000 scouts from all over the country will take part. The Jamboree is planned to be an event which will be an experience of a lifetime for the young boys in attendance, and is an inimitable opportunity for the introduction of life skills to the 50,000 scouts, leaders and visitors who will take part in the commemorative events1. The provision of this grant will ensure that this event is carried out in the finest way possible and will allow the Boy Scouts of America, both as an organization and a foundation, to cherish and spread its message all over the world. The event for the 100th anniversary shall be carried out in Virginia and will be a celebration of the diverse values that are a system of learning which become a part of the Boy Scout training. For this purpose, a wide variety of activities shall be arranged for the scouts and visitors in attendance. To aid in the provision of these activities and for the construction of the basic infrastructure required for the event, a grant of $1,500,000 is being sought which shall make it possible for the organization to plan and carry out the monumental task of the successful execution of the jamboree. The 100th anniversary celebrations will begin early on the day of July 26,2010, and will be a 10 day long event which shall include all manner of activities. The plans for the commemorative event includes offerings such as swimming, rappelling, kayaking, canoeing, fly fishing, archery, scuba diving, snorkeling, shooting, buckskin games and four 5 kilometer runs. Apart from that there will be hands-on merit badge demonstrations for the 17-acre conservation trail, various rotating stages of evening
Monday, November 18, 2019
Management of food quality Essay Example | Topics and Well Written Essays - 1250 words
Management of food quality - Essay Example The integrated approach to food safety as adopted by the European Union aims at ensuring that the high levels of food quality are assured and that they are coherently done through measures that are farm-to-table like. This entails adequate monitoring and ensuring efficient functionality of its internal market. To be able to implement this approach, the governing body of the EU has had to develop effective health measures and legislations. Consequently, effective food safety control systems have had to be assured and evaluated to ensure their compliance with the set standards (TRIENEKENS & ZUURBIER, 2008). The safety of the food system is also ensured by independently carrying out a risk assessment different from the risk management. Keeping the quality and safety of food throughout the food chain requires both operating procedures to ensure the wholesomeness of food and monitoring procedures to ensure operations are carried out as intended. The food safety system is usually based on the principle that protection needs to be assured during the course of the food chain if the health of customers is to be sheltered. Primarily, quality management systems are designed to ensure compliance with third party and retailer standards (VOS & WENDLER, 2006). Food safety management systems principally control the specific food safety hazards associated with the product and ensure compliance with food safety legislation. Finally, the quality and safety of food depends on the efforts of everybody involved in the complex chain of agriculture production, processing, transport, food production and consumption. As the EU and the World Health Organization (WHO) put it succinctly - food safety is a shared responsibility from farm to fork. The European Food Safety Authority (EFSA) was established in the year 2002. It is an independent body that works in close cooperation with various scientific agencies and institutions in EU
Friday, November 15, 2019
Overview of HTTPS and VPN
Overview of HTTPS and VPN HTTPS HTTPS (originally developed by Nestscape) stands for HyperText Transport Protocol Secure and is basically similar to an HTTP but uses a Secure Socket Layer (SSL) or Transport Layer Security (TLS) as a sublayer for security purposes. It enables secure communication and connection between a remote user and a web server by encrypting and decrypting pages that are requested, delivered and received. For example, while using the web page that has a prefix https://, when the user clicks Send, to transmit the page back to the vendor or service provider, the HTTPS layer from the users browser will encrypt it. Likewise, the acknowledgment returned by or received from the server will also be transmitted in encrypted form, i.e., it will be delivered and will arrive encrypted, in turn to be decrypted for the user by the HTTPS sublayer of the users browser. In the likelihood that connection is compromised and intermediary hackers/attackers acquire the data being transmitted via HTTPS, the information would be undecipherable. Note that the decrypted data arriving at its destination is only as secure as the host computer. (Rouse.) Additionally, secure web sites also typically display a small padlock icon somewhere next to the URL. By clicking the lock icon, one is able to view the secure certificate that authenticates the website. (Christensen.) Not only is it the de facto protocol for conducting sensitive transactions on the web (especially ones that involve credit card and bank account information), it can also protect users from censorship by a government or an ISP.Ãâà (ComputerHope.com.) SSL (Secure Sockets Layer) is a popular implementation of public-key encryption. Once the browser sends out the public key and the certificate, it checks to make sure that (1)Ãâà the certificate is provided by a trusted party; (2) the current certificate is valid; and (3)Ãâà the certificate has a relationship with the site generating it. The public key is used to encrypt a randomly selected symmetric key. In other words, most systems use a combination of public key and symmetric key encryption. Under a secure session, one computer creates a symmetric key and sends it to the other computer using public-keyÃâà encryption. When the session is completed, each computer disposes the key that was created and that was used for the particular session. For any ensuing sessions, a new symmetric key is created, and the routine is repeated. (ComputerHope.com.) VPN VPN (Virtual Private Network) is a private network that uses a public network to connect remote sites or users together instead of using a dedicated line or physical network connection. The virtual connections are routed through the Internet from a private network (such as a company) to the remote site (such as an employee). The technology enables the creation of an encrypted connection over a less secure network. A well-designed VPN incorporates security, reliability, scalability, network management and policy management (Cisco.com.) Two common types of VPN: Remote-Access (or, Virtual Private Dial-up Network [VPDN]), is a user-to-LAN connection created by a company for its employees who are on various remote locations and who need to connect to the private network. Site-to-Site (categorized into intranets or extranets) uses dedicated equipment and large-scale encryption and can connect multiple fixed sites over a public network such as the Internet, or over a large distance (much like a WAN), with each site needing only a local connection to the same public network. (Cisco.com.) In order to gain access to the private network, a user must first be authenticated by using a unique PIN (personal identification number) and a password. The PIN changes according to a specific frequency, usually every 30 seconds or so. VPN technology uses complex algorithm encryption to guarantee secure and private communicationÃâà as well as to prevent any unintentional or unauthorized interception of data between private sites. (whatismyipaddress.com.) Commonality/Difference VPNs use IPSec (Internet Protocol Security) connection to tunnel between the two endpoints and require third-party hardware and/or software. An extra layer of security is provided since in order to access or connect to a VPN, the remote device must have an IPSec client software application installed but must also have it properly configured. In other words, although all data/traffic is encrypted, users on can only access the encrypted applications that they are configured to access in the SSL VPN connection and not the entire network. (Lifewire.com.) HTTPS relies on SSL, which is a common protocol that most web browsers have built in. The secure connection exists between the users browser and the server or a specific web site. All data exchanged between the two are encrypted. Unlike VPN, it does not provide access to anything other than what is currently being communicated. Comparatively, it does not require an authentication code or PIN. Instead it creates a temporary public or symmetric key, which is discarded as soon as the communication is finished.
Wednesday, November 13, 2019
Causes of the American Revolution :: Essays on American Revolution
During the late seventeen hundreds, many tumultuous events resulted in Colonial opposition to Great Britain. The conditions of rights of the colonists will slowly be changed as the constriction of the parliament becomes more and more intolerable. During the Seven Years' War England was not only alarmed by the colonists' insistence on trading with the enemy, but also with Boston merchants hiring James Otis in order to protest the legality of the writs of assistance (general search warrants) used to hunt out smuggled goods. "let the parliament lay what burthens they please on us, we must, it is our duty to submit and patiently bear them, till they will be pleased to relieve us....". This is a very strong dictum, that in 1764, the colonists were of a submissive nature, and were weakly pleading for self-autonomy. This small fire of anger will become a huge conflagration as the rights are slowly rescinded. On October 19, 1765 the Stamp Act Congress and Parliamentary Taxation committee's passed some laws that attempted to strengthen the grip of the English crown. "I.That his Majesty's subjects in these colonies, owe the same allegiance to the Crown of Great Britain that is owing from his subjects born within the realm, and all due subordination to that august body, the Parliament of Great Britain." This statement can be used as a summation of the entire document that the Stamp Act Congress had initiated. The statement depicts the colonists has having to be submissive and servile in the view of Great Britain, this policy angered the colonists very much, and was another component of the transition of the colonists' rights and liberties. When the Declatory Act was passed in March of 1766, many colonies were attempting to claim that they were "seceding" from England. "Whereas several of the houses of representatives in his Majesty's colonies and plantations in America, have of late, against law, or to the general assemblies of the same, the sole and exclusive right of imposing duties and taxes upon his Majesty's subjects in the said colonies....be it declared ...., that the said colonies and plantations in America, have been, are, and of right ought to be, subordinate unto, and dependent upon the imperial Crown and Parliament of Great Britain;". The Parliament of course denounced the attempt at independance and still dogmatilcally passed the following law to show that the colonists were still british subjects. Again, the colonists were infuriated and later will resist the british imperialism on the colonies. "All before, are calculated to regulate trade, and preserve prpromote a mutually beneficial intercourse between the several constituent parts of the
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