Islamic midterm Essay Example | Topics and Well Written Essays - 1250 words

Islamic midterm - Essay Example Today the structure is a Cathedral. The Malwiya tower, which is the most recognized element in the mosque, was built completely by brickwork. The utilization of brickwork is credited to the Mesopotamian designers and craftsmans. It was built in the ninth century CE when the Islamic design was in its underlying stages and was not set up as it was in later hundreds of years. The Mesopotamian design is clear in this landmark in light of the fact that the early Muslims were from Arabia and the Arabs were not incredible engineers or developers, you can't discover numerous prominent bits of engineering in Arabian landmass before Islam or in the beginning of Islam, this is the explanation that the Arab Muslim heros depended exclusively on the Mesopotamian design while building the capital city of Samarra (which was later surrendered because of water deficiency) and its landmarks. Another component of the pinnacle Malwiya is the winding incline that reviews the ziggurats of Mesopotamia. The ziggurats additionally had the prese nted flights of stairs prompting the highest point of the structure and same is the situation with the Malwiya tower of the Great Mosque of Samarra. The ziggurat were a piece of sanctuary buildings for example spots of love of the Mesopotamians and same is the situation with the mosque as it is the spot of love of the Muslims. So it is right to state that the Mesopotamian engineering which was the local design of the structure is apparent in the engineering of the Great Mosque of Samarra anyway Islamic engineering isn't missing by and large. The development included the styles of the neighborhood culture yet the design in general is unmistakably Islamic in light of the fact that basically the structure and the arrangement of the structure is carefully founded on Islamic structure of a mosque. An Islamic mosque is basically expected to have a patio in the inside, it is absent in the focal point of the structure however it is there in the mosque. Additionally the minaret is

Abnormal DNA Methylation in the Human Genome essays

Strange DNA Methylation in the Human Genome articles The methylation of DNA fills in as one of the most urgent epigenetic changes of cutting edge hereditary qualities. Methylation and demethylation of DNA effectsly affect cell separation and procedures, for example, interpretation, quality articulation, chromatin structure, and concealment of intrusive and undesirable qualities. Numerous chemicals work intelligently to control methylation movement, one of the primary being DNA methyltransferase. Any interruptions in the methyltransferase pathway can prompt the adjustment of ordinary DNA methylation. The adjustment of these procedures can prompt deadly maladies and different sorts of disease. The two examples where atypical DNA methylation fall are hypermethylation and hypomethylation. Pertinently, the disease genome is consistently set apart by the hypermethylation of explicit qualities synchronous to the decline in 5-methyl cytosine levels (hypomethylation). Hypermethylation alludes to the over methylation of certain qualities which brings about the restraint of interpretation. Hypomethylation is an abatement in the methylation of cytosine and adenosine deposits in DNA. The decline in methylation causes the decrease of engraving and the precariousness of chromosomal structure. The two examples of irregularities of DNA methylation can bring about irregulation of quality translation, which can at last lead to the advancement disease; be that as it may, because of its attribute of being reversible, regulation of methylation and methyltransferase is a perfect theraputic and epigenetic focus for the different malignant growths that begin from it. DNA methylation was first found in 1948, and from that point onward, has produced a considerable measure of debate because of attempting to decode its centrality. The methylation of DNA is a covalent adjustment which brings about the expansion of a methyl gathering to 'the fifth carbon of the cytosine ring. The greater part of the methylation happens in the CpG dinucelotide; be that as it may, since there can be up to 1... <!

King free essay sample

Answers: a Mrs. Whittaker discussing Charlie and Betty; b Wilma Patterson discussing Mrs. Whittaker and Nat; c Nat discussing Tom Whitaker; d Nat discussing Tom Whittaker to Charlie; e Jackie and Nat discussing Annie; f Tom writing to Annie about Jackie; g Nat conversing with Jackie about Charlie and Betty; h Betty, Charlie and Jackie discussing Nat. 7. Tell understudies that Nat Marble is the private agent managing the Whittaker case. Get some information about private specialists. What do they do? How would they carry on? Inquire as to whether they have perused any books (e. G. By Raymond Chandler) r Seen any movies or TV arrangement (e. . Philip Marrow, Mike Hammer). Put them two by two to make arrangements of the attributes of these private examiners and whatever else they think about them. 8. Request that understudies read the citations about Nat Marble in Extracts 3 and choose (a) how close what he says and does is to their own thoughts of a private specialist, and (b) what kind of individual he is by all accounts. We will compose a custom article test on Ruler or on the other hand any comparable subject explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page Answers: (an) open (b) poor (I. E. He has no cooling, utilizes open transportation), messy, lives alone, eats gravely, for the most part dresses seriously, doesnt use taxis, has contacts for data, he Ares about individuals/has a social conscience.Based on what they have found out about Nat Marbles character and activities in the story, request that understudies compose a component on him for the Daily News. 5. Ask them which individuals they think may be associated with the spots depicted. Cambridge English Readers O Cambridge University Press 2009 www. Cambridge. Organization/let/perusers PHOTOCOPIED angle 4 Summary of Chapters 1-?4 Characters High Life, Low Life begins when Nat Marble, a private specialist, spares a vagrant called Annie Clayton, when she has a respiratory failure in the street.He as known Annie for quite a while and when he visits her in clinic she says she needs him to discover her child Jackie whom she hasnt seen for a long time, and to bring her a legal counselor so she can keep in touch with her will. Nat Marble: New York private examiner The tale of Nat helping Annie shows up in the paper, alongside his photo, and after that he gets a letter from Mrs. Joanna Whittaker the rich widow of Tom Whittaker, a plane financier. She has chosen to make her will out in Gnats favor since he resembles her dead spouse, and she is alienated from her own youngsters, Charlie and Betty. Wilma Patterson: a legal advisor Extracts 1 d Mrs. Joanna Whittaker: a rich widow Charlie Whittaker: Mrs.. Whittaker child Betty Osborne: Mrs. Whittaker little girl Jackie Robinson Clayton: Annie Claytons child Tom Whittaker: Mrs. Whittaker dead airplane financier spouse Ernest Washman: criminal, imagining he possesses a taxi business Extracts 2 W?eve lived in the city, Leona said. l can let you know, its more secure underground. Everybody knows each other here. On the off chance that a more peculiar comes, we think about it. The metro laborers know us. They disregard us. Leona began moving heaps of dark plastic bags.Underneath was an old metal box with a lock. Checked out the room which was brimming with delightful asses furniture. Nothing had been changed for a considerable length of time and felt like I was in an old Hollywood film. The person behind the work area looked as though he hadnt rested, washed or shaved for a considerable length of time. He smelled surprisingly more dreadful than me. He lit a cigarette at that point hacked for an entire fifteen seconds. At long last he had the option to talk. The Chelsea Arms inn had gone through more promising times. Presently it just resembled some other modest lodging. The floor was filthy white Stone in the hall. A person was taking a shot at the PC, behind the window at the gathering desk.There was another large person sitting at a table inverse the front counter. He was clearly there in a difficult situation. Inside the lift, it was all dull wood, thick covers and mirrors. On the off chance that this was only the lift, envision what the condos resembled. Annie Clayton: a vagrant Do you have any family? asked Stella. A child and a little girl. They dont live in the city. Id like to see a greater amount of them. Particularly the grandkids, however She needs it all [her money] to go to you. She read about you in the papers. Says you help her to remember her late spouse Says she couldnt think about an articulate individual to leave everything to. De proceeded to reveal to me that [the man] tried sincerely and played hard. Significantly after he was hitched he messed with other ladies. It wasnt a glad marriage . l trust appearance is the main thing I share with your dad So mothers been on the road this time? he inquired. Since the time she last observed you in a cell, I said. I can never be a genuine dad to the kid. Heres some cash to help with food and garments. What's more, something for what's to come. Keep these stock testaments. One day they may be worth very much of cash. What's more, that is not all Youve got family.A indifferent and relative upstate. They live h Finally, marry all prefer to state an uncommon thank you to the man whose difficult work made this all conceivable. Without him, we may never have met. Concentrates 3 b After leaving the NYPD, I turned into a private examiner. In spite of the fact that dont get that much cash-flow, Im my own chief and I dont need to take orders from anyone. I like it as such. Most workplaces in the structure had their own cooling. Mine didnt, so it was hot and awkward. New York private examiners dont regularly utilize open transportation. In any case, Im unique. GFor once, I looked keen. Had gotten into a perfect shirt and my great coat, which was simply once again from the cleaners. Left and took the number seven train home to Queens. Couldnt eat a great part Of the takeout supper got starting from the diner the square. Meandered over to McFadden Bar on Second Avenue. The typical horde of Daily News journalists was there I required data and knew only the person who could help - ? De Winchester. Felt both tragic and irate as I put down the telephone. Dismal for the individuals who needed to experience their lives in the city. Irate about the general public that put them in the city.

Effect of Color Paper on Learning and Performance - 825 Words

Effect of Color Paper on Learning and Performance (Dissertat. Methodology Sample) Content: Effect of Color Paper on Learning and PerformanceNameInstitutionDateAbstractThe aim of this study is to examine whether color has an effect on the memory. Participants were 40 college students who were enrolled in a mathematics related course. They distributed into four groups and each pair of the group was given similar test but the tests were printed on papers of different colors. The participants took the test in different rooms and they were not made aware that they were being tested on papers of different colors. They then completed the mathematical task which was marked and the results were analyzed.Keywords: memory, colorINTRODUCTIONSome researchers have shown that black and white stimuli have a positive effect on the learning process and some even say that color has a firmer result (Farley, 1997). Light that allows humans to see perceive travels in waves, in the form of electromagnetic energy. Each wave of the light has its own unique wavelength which determ ines the color and the amplitude determine the brightness of that particular color (Farley, 1997).For years, scientists have been interested in the effect of color in the process of learning at all levels of education-nursery, primary and post primary (Dixon Smilek, 2002). However, most of the color research findings are not founded on a common conceptual modelColor is conceived to be the most crucial visual aspect to human beings as it operates as a very powerful information channel to the cognitive system of human beings (Dixon Smilek, 2002). Color has been found by psychologists to influence the memory performance by increasing the level of attention and arousal of the memory of the human beingsThere have been many investigations concerning Color in many ways for quite a long period. Most researchers have found that certain colors spark off certain emotions and enhance the environment to evoke different kinds of responses. Most of the color studies are carried out in learning institutions to study ways of improving the academic performance.Color has been shown to affect productivity and mood in a variety of different situations (Dixon Smilek, 2002). This survey evaluated the performance of learners in a mathematics test, comparing the results of the students whose test papers were white in color with the grades of students whose test papers were pink-colored. Dixon Smilek (2002) assert that the results of the study revealed that there was a very slight significance of the color of the test to the performance of the students.The way a particular object gets its color depends on the way its atoms absorb certain wavelengths of the light while reflecting others. Due to this reason, most objects appear colored because they absorb certain wavelengths of light (Farley, 1997).There are different types of colors; the monochromatic colors and the achromatic spectrum colors (Dixon Smilek, 2002). The achromatic spectrum colors range from white to grey. White is a mixture of many colors. The examples of the monochromatic light colors are yellow, red and blue. These are the colors that are independent in that they are not obtained by mixing any two different colors.When a person can not perceive all or some of the colors, he/she is termed as being color blind and the condition is known as daltonism or color blindnessLITERATURE REVIEWLearning plays a very crucial role in the lives of people. Without learning human beings would not be able to remember or perform any skills and everyday survival would be difficult (Wichmann, 2002).Wichmann (2002) defines memory refers to the mental process of encoding and retaining information. The human cognitive system and the memorization process remains the centre of research among many psychologists today. Psychologists have proposed many variables that improve human memory. The memory of humans comprises of six types which are long-term memory, motor skill memory, short-term memory, verbal memory, sensory , and the photographic memory (Wichmann, 2002).Farley (1997) writes that the memory arousal refers to the state of being physically alert. There are several body systems and hormones that may contribute to this alertness. Research has revealed that colors can improve the relationship between the memory and arousal. Arousing events have the ability to improve the memory performance (Farley, 1997). When an individual is undergoing these arousing events, some hormonal changes take place in the brain that lead to enhancement of memory performance.PURPOSEThe purpose of this study is to attempt to determine whether there is any difference in the grades between the students whose question papers wee plain color (white) and those whose papers were pink color.REQUIREMENTSa) 7th grade Mathematics test- 40 copiesb) 20 copies printed on a pink paperc) 20 copies of test printed on a white color paperd) 40 deskse...

Translating texts - Free Essay Example

Sample details Pages: 13 Words: 3873 Downloads: 1 Date added: 2017/06/26 Category Education Essay Type Descriptive essay Did you like this example? 1.) Introduction Translating texts requires skill, ability on the part of a translator in understanding the terms used in the source language (SL). As experts have pointed out, translation does not fully transfer the meaning of the terms from the SL toward the target language (TL) in which the texts are being translated. But in order to get closely as much as possible to the exact meaning of the term, translators follow a basic rule to put into mind the cultural nuances of the original term while finding their equivalent terms in another language (e.g. Don’t waste time! Our writers will create an original "Translating texts" essay for you Create order Arabic to English). In addition, because these terms have additional symbolic value as religious terms, translators must bear in mind of being careful in the translation. Toury (198 in Venuti ed.) himself highlights the role of translation in retaining the cultural nuances of the texts by saying that translators have a task â€Å"to fulfill a function allotted by a community to an activity, its practitioners and their products in a way deemed appropriate to its terms of reference.† This researcher intends to ascertain the skill and success of Issam Diab in translating Ar Raheeq al Makhtoom, the memoirs of the Prophet Mohammad, from Arabic into English. Titled The Sealed Nectar, the memoirs records the life of Mohammad, while also discussing the socio-ecnomic background of Arabia during his lifetime. It was originally written by Saifur Rahman al-Mubarakpuri. 2.) Review of literature in brief Translation experts have pointed out various concerns in ensuring the translation of works from different languages. These range from defining when translations â€Å"formally† diverge from the literal meanings (Catford 141 in Venuti ed.) to ascertaining the equivalence of word meanings (Nida and Taber,) But all point to the problem of retaining the message of a text translated from SL to TL as much as possible. In addition translators have to consider the referential meanings of the words that they correspond so that they can define the exact meanings of the SL-based words that they are going to use. Culture aspects Studies such by Ahmed Elimam being conducted at the University of Manchester have tried to show the challenges in translating Arabic-language texts to English. Translators undertaking these projects faced the fact that there is a large diversity in terms of structural, grammatical, and semantic structure between the two languages. In addition they have to consider keeping as close as possible to the Arabic heritage the translated works. They also have to make sure that they words in Arabic which, by virtue of having deep cultural connotations, One can see this in the ongoing project to translate the Q’uran from Arabic to English as shown by Elimam. In this project, a team of translators tried to examine 10 translation of verses from the Q’uran and examine what are the grammatical and syntax changes were done in order to adjust in from the transfer of meaning from Arabic to English. Another continuing study made at the University of Manchester was of Ashraf Abdul Fa ttah was on comparing the changes of conjunction and passivisation in the translated works of Arab authors. This time the focus was on how changes in conjunction were made between the original and translated work made by the same authors. One can see here the attempt to verify if an author trying to translate his own works to another language can effectively transfer meaning given the differences in languages. 3 Issues in translation Translation studies have pointed out that there are terms in texts which must be carefully analyzed by a translator before proceeding in the translation proper. These terms are called â€Å"sensitive terms† which are defined as words considered central to the beliefs of the people owning the original texts. These may pertain to sacred teachings, quotations by the religions’ prophets or sages. Because of these, it is vital for translators to understand the religious beliefs, traditions and nuances behind the SL before undertaking any translation of religious texts. However, similar to translating works in other genres, translators have to deal with linguistic and cultural challenges before even being able to translate a work. According to Toury (199 in Venuti ed.), the main challenges faced by translators involve the systematic differences between languages (in terms of grammar, syntax, sentence structure), the variety in textual traditions contained in the texts to be translated, and also the â€Å"cognitive ability† of the translator to comprehend and transmit the meanings of the original texts from the original language to another language. In translating these terms, it is essential to consider first some important aspects in translation: translation shifts, kinds of norms types of equivalence, and emotive meaning. These factors determine how closely concise has a translator managed to express in the TL the meanings and terms originally expressed in the source language SL of a text . Translating texts involve changes in the use of grammar, contexts, and sentence structure, said Cartford (141 in Venuti ed.) in a seminal study on translation shifts. These translation changes are categorized as level shifts and categorical shifts. Level shifts occur in translation when the meaning of an SL item, at one linguistic level, changes meaning at another linguistic level of the TL. In particular, this kind of shift occurs when the tra nslator attempts to translate the meanings at the phonological and graphological meanings but the result will be only a shift from grammar to lexis levels. Categorical shifts occur when there are variations in rank, structure, class, term in systems while a text is being translated from the SL to the TL. But Cartford (141 in Venuti ed.) qualifies this description by saying that there is a categorical shift when there is some form of formal correspondence between SL and TL. Structural shifts are the most common kind of categorical shifts and are noticeable in total translations, phonological and graphological translations Cartford (143 in Venuti ed.) added. Class shifts happen when the meaning of an SL item changes at a different translation level. Unit changes are observed when there is â€Å"a formal departure† in translation equivalent in one rank of the SL to another rank in the TL. Finally, intra-system shifts occur in cases where changes happen within the systems of b oth of SL and TL, where these systems still correspond to the languages’ â€Å"formal constitution.† However this must be qualified if the translation â€Å"involves selection of non-corresponding term in the TL system† Toury (199 in Venuti ed.) noted that translators are constrained by a wide range of â€Å"social regulations† which govern the behavior of a cultural community. This implied that there are particular cultural contexts which must be retained in the translation of terms from one language to another. At one pole of this continuum, are the absolute rules. These rules include local laws, ethics and traditions. At the other end are the idiosyncracies which pertain to the particular practices of individuals exhibited according to a particular situation. Located in between these far ends of the socio-cultural regulation scale are the norms which refer to the generally flexible set of rules governing particular situations in a context. These thr ee kinds of social regulations influence translation because texts contain particular contexts which could only be explained through understanding these social regulations. Toury (200 in Venuti ed.) also pointed out that translation is a norm-governed activity because it also follows a set of rules pertaining to usage and transfer of meaning. This is flexible because each language has its particular meaning and context, hence the rules in terms of grammar and syntax may not be always be applicable. As he notes in his article, translation is being governed by norms depending on: Being a text in a certain language, and hence occupying a position, or filling a slot, in the appropriate culture, or a certain section thereof; Constituting a representation in that language/culture of another, preexisting text in some other language, belonging to some other culture and occupying a definite position. In translation, there are two large categories of norms which must be considered in planning and doing a translation of a work, namely: preliminary norms and operation norms. Preliminary norms pertain to the rules and policies governing the choice of text types to be translated and also the â€Å"tolerance† for translation (referring to the feasibility of translating terms which may have very specific cultural contexts not available in the language of the translator.), said Toury. Operational terms, he added, refer to the actual decisions made in the course of translations such as the distribution of textual material, verbal formulation and the like. Falling under operational norms are matricial (referring to the determination on the very existence of a textual material) and textual norms (which govern selection and usage of textual material to be translated.) Toury said that in general preliminary norms predominate over operational norms because the former lays down the structural basis in conducting a translation work (203). However despite this, th e norms may still intersect, depending on the translation processes ensuing in a work. He also explained that multiplicity of norms still remain because each culture retains standards of regulating behavior even as they interact with other traditions. As a result translators have to face it and try to resolve them rather than just â€Å"ignore.† In Toury’s own words: â€Å" They only mean that real-life situations tend to be complex; and this complexity had better be noted rather than ignored, if one is to draw any justifiable conclusions. As already argued, the only viable way out seems to be to contextualize every phenomenon, every item, every text, every act, on the way to allotting the different norms themselves their appropriate position and valence† (205 in Venuti ed.) Another point of concern among linguist and translators is the equivalence of translating a meaning from the SL to the TL. Nida and Taber (200) defined equivalence as â€Å"very close similarity in meaning as opposed to similarity to form.† However, translation theorists have various concepts to explain and classify equivalence. Hoang pointed out in an online presentation that Nida and Taber had already gave out formal and dynamic equivalence in 1982 while Jakobensen theorized in 1959 equivalence can be achieved by a translator by using loan translations, neologisms, semantic shifts and circumlocutions. In 1992 Mona Baker came out with her own set of kinds of equivalences. These are â€Å"word level equivalence,† â€Å"equivalence above word level,† â€Å"grammatical equivalence† â€Å"textual â€Å"equivalence† and â€Å"pragmatic â€Å"equivalence.† Baker’s classification falls under the â€Å"formal’ equivalence category which focuses on how translators can use the forms of the texts in getting the closest meaning for an SL word, said Hoang. â€Å"Word level equivalence† refers to the atte mpt by a translator to find a corresponding meaning of one word from the SL to the TL. This effort entails a translator ensuring as much as possible that the counterpart word of the TL closely hews to the context of the original word from the SL. There are cases however when the texts between SL and TL do not correspond close enough to allow for the use of word level equivalence. In this case the translator must use the â€Å"equivalence above word level.† Here, the translator must find meanings which, while not be closely relate the corresponding TL word with the original SL word, must at least be related enough for the meanings to be still correlated. In the third strategy, the translator uses it when the correspondence between the two texts would only be found between the grammatical structures of the text. As a result, the translator has to analyse the grammatical correspondence between the texts of SL and TL, where despite the variety in the structural order of mor pheme, syntax, and sentence orders, the same concepts or meaning can still be correlated between the two texts. However, there are instances when there is little correspondence in the verbal and grammatical structures of the SL and TL texts because there of a high diversity in the order of word and grammar structure. In light of this, the translator has to find correspondence in the overall textual structure of the SL and TL texts. He has to ascertain that the overall context in the SL text is still expressed in the TL version even though there are variations in grammar and syntax structures. If all these strategies still would not be able to correspond meaning between the SL and TL, then the translator has to use the pragmatic equivalence mode. Here, the translator uses the implied meanings of the SL text in order to at least express them in the TL . Another aspect in translating concepts from SL to TL is the use by translators of referential meanings. Nida (56) defines â €Å"referential meanings† as the use of â€Å"words as symbols to refer to objects, events, abstracts and relations.† The implication of this concept in translation is that translators have to consider the exact meanings of words based from OL in the translation of texts. (This is called denotation in grammar) This importance is highlighted by the fact that there is a diversity of meanings within those cultures and more so when translators try to get these exact meanings. One way to ensure this is to consult authoritative dictionaries of the SL concerned. One last aspect to consider in translation is the effect of emotive meanings to the translators. The Summer Institute of Linguistics online glossary defines â€Å"emotive meanings† as â€Å"affective meaning,† while terms related to it are â€Å"connotation/connotative meanings.† In sum, emotive meanings are definitions which have an association with a thing or concept even though these may not have direct conceptual relationship. The translators have to consider this while translating works from SL to TL because there are chances when the meanings that they try to correlate from SL to TL may just be a connotative meaning. Another way is to verify the specific contexts when these words are used. Aims The researcher aims to test, compare and synthesize the discussions above on various translation principles by conducting a review of â€Å"The Sealed Nectar (Ar Raheeq al Makhtum).† An English translation of the memoirs of the Prophet Muhammad was made by Issam Diab and was published in Saudi Arabia. With this translated memoir as the locus of the study, this researcher aims to fulfill the following aims: For the translation shift aspect, the researcher proposes to compare the source language (Arabic) and target language (English), identifying the translation shifts that happened in the book, and justifying the translator’s choice in making these translation shifts. As for the normative aspect, the researcher proposes to find out a.) if the translated version of the memoirs has consistency in the kind of norms and equivalence used even as it approached referential meaning. And b.) if the translated version has consistency in the kind of norms and equivalency while ap proaching emotive meaning. Finally, the researcher intends to contextualize the findings in the fact that many of the â€Å"sensitive terms† may be religious in nature This is study is made also with the aim of understanding the cultural and linguistic nuances distinguishable between English and Arabic. The researcher would like to point out in particular that the Arabic used here was the version spoken during the time of Muhammad, hence it is necessary to understand the historic-cultural background of the narrative. In addition the researcher would like to find out if there possible refinements which could be recommended for Diab’s work. Aside from it, the researcher will also cite these recommendations as possible future references with regard to translations of memoirs, specifically Arabic memoirs. Hypotheses and Research questions The research would like to resolve in this study the following hypotheses regarding the translation of â€Å"sensitive terms† in The Sealed Nectar. The researcher hypotheses that : there is consistency in the kind of norms and types of equivalence used while approaching referential meaning of sensitive terms either in the translation of religious texts or the book there is consistency in the kind of norms and types of equivalence used while approaching emotive meaning of sensitive terms either in the translation or the book. The researcher also hopes to answer specific questions in the course of this study. These are: what are the translation shifts adopted by the translator while tackling sensitive terms? to what extent do the kind of norms and type of equivalence represent consistency in approaching referential meaning. to what extent do the kind of norms and type of equivalence represent consistency in approaching emotive meaning. what are the most su ccessful techniques and strategies used by the translator in conveying the meaning? what are the least successful techniques and strategies used by the translator in conveying the meaning? Approach As part of analyzing the â€Å"sensitive terms† used in the book The Sealed Nectar, this researcher intends to use the qualitative method of research. As generally known in academic and research circles, the qualitative method is used when the focus of the study intends to look at observing at particular characteristics of the sample subject which may be distinct from the general population. For this purpose, the researcher will both utilize three kinds of qualitative methods: book review analysis, documentary research and contrastive analysis. This researcher believes that it is necessary to use three kinds of methods because of the range of issues involved in the study and that each method have their particular loci. Initially the researcher will utilise the book review analysis to get a grasp of what they entire work contains, and to ascertain the particular context of the ‘sensitive terms† included in the book In this regard, this writer proposes to fir st utilise the book review analysis in studying the work The Sealed Nectar He will primarily use the linguistic perspective in dissecting the translation merits of this book because his focus would be on how Issam Diab translated â€Å"sensitive terms: from Arabic to English. In the context of this analysis, this writer proposes also to use a) the British National Corpus and b.) an authoritative Arabic dictionary to assist him in comparing the â€Å"sensitive terms† which are the foci of this research. Then the researcher will apply the documentary analysis method to compare the details from the book with details from other pertinent documents. These documents may include other Arab dictionaries, additional biographies on Mohammad, other Arab-language dictionaries and authoritative history books on Arabia. For the final part of the evaluation process, the researcher will apply the comparative analysis method wherein the findings from the two methods would be examined a gainst each other. The researcher will then draw conclusions from this comparative study and then synthesise it with previous findings on translation to In the process of evaluating the translation, the researcher will cite previous theories and principles on translation, then use these as benchmarks in how successful was the English translation of Diab of Ar-Raheeq al-Makhtum in terms of transferring most of the original meaning from the original Arabic to English. In this aspect, this writer will primarily use the theories enunciated by Catford (141-147 in Venuti ed.) on translation shifts, Toury (198-211 in Venuti ed.) on translational norms, Baker on types of equivalence, and Nida (56-90) on referential meaning. But the researcher is open to using other kinds of research methodology if circumstances would warrant it. For example, the interview approach would be utilised if the researcher thinks there is a need to consult scholars on Arabic language, studies and literature. This is because the historical context of the narrative is key to understanding whatever â€Å"sensitive terms† which are enclosed in the work. Aside from that, it may be helpful if the researcher can get insights from these scholars regarding English translations of Arabic language works. This is because from their expert opinions, the researcher may further understand the change of nuances in translation, but not only from a purely technical aspect (translations shifts etc.), but also from the point of view of rhetoric and literary excellence. Tools For the purpose of this study, the research will use the following research tools in analyzing the Diab’s translation work: British National Corpus. an authoritative Arabic dictionary (preferably with references to Arabia during the time of Mohammad), two other biographies of Mohammad, and authoritative history books on Arabia. The reason behind citing these documents as tools in analyzing The Sealed Nectar is that the researcher wants to ensure that the needed details with regard to the study are utilized. The British National Corpus would serve as a guide on English words used in the book, to get the proper context of their usage. Then this will be complemented by the use of an Arabic language dictionary, to see how the original meaning and nuances of the SL based original version of the biography Then to put context into the analysis, the researcher will cite history books on Arabia to verify the authenticity of particular historical instances mentioned in the book. The r esearcher thinks that a combined use of textual and historical analysis will help elucidate details on the accuracy of Diab’s translation. Scope While other interested researchers may find a whole range of translation issues in analyzing The Sealed Nectar, this writer intends to focus more on the accuracy of translating â€Å"sensitive terms† in the translation work. This is because these terms are loaded with religious meanings, which make these terms more challenging to translate as compared to other terms. In addition, the languages used have different nuances (Arabic as against modern English) which entails additional challenges in ensuring that the meanings of the terms do not get lost in translation. Tentative Outline of Paper : Within an allotted timeframe of a minimum of three years, this writer proposes an outline of the paper’s body: Chapter One: Linguistic analysis of sensitive terms in translation à   6 -12 months Chapter Two: Cultural, historical, and rhetorical aspects of the translation à   6-12 months Chapter Three: Evaluating the translation à   3-6 months Chapter Four: Summary, implications and recommendations à   3-6 months The writer intends to use the Sealed Nectar and the tools mentioned above in the first two years of the study. While he may formulate preliminary findings in the course of the study, the researcher intends to finalize them in the last year of the study through evaluation and formulation of summary findings and recommendations. The researcher takes note that accomplishing these aims may overlap depending on the availability of resources and the rate of research/analysis work. Books Nida, E, and Taber C. The Theory and Practice of Translation. Boston: Brill, 2003.pp. 56- 90 Chapters in Books Catford, J.C.. Translation Shifts.' The Translation Studies Reader. Ed. Lawrence Venuti. London: Routledge, 2000. 141-147 Toury, Gideon. Nature and Role of Norms in Translation.† (orig. 1978, rev. 1995) The Translation Studies Reader. Ed. Lawrence Venuti. London: Routledge, 2000. 198-211 Websites: Ar Raheeq Al Maktoom. University of Arkansas. July 28,2009 https://comp.uark.edu/~muslim/publications/Ar-Raheeq%20Al-Makhtum.pdf Translation Equivalence. Hoang. October 19 2008. July 28, 2009 https://www.scribd.com/doc/7380119/Hoanglecture-8Translation-Equivalence. Elimam. University of Manchester. July 28, 2009 . https://www.llc.manchester.ac.uk/ctis/postgraduate/research/phd-theses/Elimam/. Abdul Fattah. University of Manchester. July 28, 2009 https://www.llc.manchester.ac.uk/ctis/postgraduate/research/phd-theses/ abdul-fattah Glossary. Summer Institute of Linguistics. July 28, 2009 . https://www.sil.org/linguistics/Glossary_fe/glossary.asp?entryid=10912.

Brain-Based Learning and Teaching - 1748 Words

Throughout the course of history many people in time had no idea that many creatures of life had brains. With remarkable breakthroughs in technology and through human ability to take pictures of the human brain through head scans, scientists have discovered and mapped out the human brain. As neuroscientists understand how the brain works, discovery of brain-based learning has been a growing field ever since. Education is extremely important for human beings because the more educated we are as a society the better we contribute to society. Knowledge is extremely powerful and as a future educator, understanding how the brain works and developing lesson plans surrounding the inner workings of the brain will allow learning to manifest in the†¦show more content†¦I shadowed a teacher at a local area high school who taught biology for a straight week for field experience. I was utterly shocked as I sat there the entire time without ever moving from my seat for six hours. I did get up and go to the faculty room to eat lunch just so I could stretch. I realized then, how important movement was in a classroom. For these high school students, the ability to take a five minute walk from one classroom to another classroom was probably the highlight of their past fifty minutes. Education is not simply just sitting in a classroom and acting like a coral reef sponge soaking up and digesting the waves of information flowing from the mouth of a teacher. Learning is an active process therefore students should be active in learning. The senses incorporated in the classroom are also vital in the success of active learning in the classroom. Humans have five senses, unless you are Haley Joel Osment and have a sixth one that allows you to see ghosts, but five nonetheless. Sight, touch, taste, sound, and smell are all located in different parts or lobes of the brain. All the senses are intertwined with memory in the brain. 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They often choose from a list of learning styles, either from a quiz that they find online or by evaluating the effectiveness of the ways their teachers present information to them. The more common learning styles are visual learning, auditory learning, and kinesthetic, or hands-on, learning (Workman). There are other explanations as to why humans learn the way they do, such as brain-based learning or dual coding. The questionRead More Cross-Curricular Learning Essay1692 Words   |  7 PagesMaking cognitive connections, within subjects and between subjects... ( Piaget 1977, Cockburn and Haylock 2008,Rose 2009) is an aspect of cross-curricular learning. Generally speaking, cross-curricular learning is when skills, knowledge and attitudes of a number of dis ciplines which are applied to a single experience, problem, question, theme or idea. In simple terms, its also known as a thematic approach. From this point, Id be exploring the reasons why a thematic approach should be adoptedRead MoreThe 12 Principles And Its Implications For Brain Based Instruction1311 Words   |  6 Pages12 principles synthesize research related to the brain and learning from many disciplines and present it in a form that is useful to educators. These functions can be used a theoretical foundation for brain based learning and offer guidelines and a frame work for teaching and learning. The following are the 12 principles and its implications for brain based instruction 1. ( Each Brain is Unique) Every brain is uniquely organized: Teaching should be multifaceted for English learners and expressRead MoreThe Left Brain vs. The Right Brain: How Does This Impact Learning;810 Words   |  4 Pagesof their brains? Or that you’re a right or left brain thinker? Well there has been a lot of research done to figure out exactly how to figure what side of the brain you think with most and how our brain functions and operates. Doctors, scientists and psychologists have all looked deep into the brains anatomy to help figure out the different functions of the left and right hemispheres of the brain, and how to identify dominant learning styles and characteristics. â€Å"The side of the brain we tendRead MoreTeaching Strategies When Dealing With The Adolescent Brain.1175 Words   |  5 PagesTeaching Strategies when dealing with the adolescent brain The adolescent brain is still in the development process and will therefore require compatible strategies for learning. Research has shown that the brain undergoes a period of increased production of gray-matter during early adolescence. 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Hypothetical Background of Market Based Instruments Free Samples

Question: What is the Hypothetical Background of Market Based Instruments? Answer: Introducation: MBIs make motivations to accomplish enhanced ecological results through market flags as opposed to through express mandates, for example, direction. MBIs convey value flags and impact individuals' conduct utilizing exchanging systems, for example, barters and posted value markets, set up open doors for merchants to profit through arbitrage, and give impetuses to advancement and benefit, similarly that normal markets do. Markets are driven by the additions to members from intentional trade the 'picks up from exchange'. (Nyongesa, 2016) Hypothetical Background of Market Based Instruments MBIs come in three structures: cost based; amount based; and showcase contact instruments. The choice between market rubbing and cost or amount construct instruments is situated in light of whether there is a current market for the applicable biological system administration or asset. Without existing markets, the choice confronting most territorial bodies is amongst cost and amount based MBIs. Amount based instruments are favored when there is a set amount target, low expenses of extra biological system benefit arrangement, harm edges are available, natural results are seen as an obligation rather to be compensated, or there are long time slacks in delivering the coveted result. Cost based instruments are favored where there are settled spending plan accessible, extra activities are expensive, installment is viewed as satisfactory, and results can be accomplished inside the installment time frame. In spite of these standards instrument decision remains a commonsense exchange off tha t will include thought of the relative exchange costs among different components. (Huber-Stearns, 2015) Showcase disappointments keep the additions from exchange being figured it out. MBIs in this way should be intended to keep away from or limit advertise disappointments. To limit the potential effect of market disappointments, an efficient examination of the market disappointments presentation and related market configuration issues is required. The answers for market disappointment that are planned into MBIs will vary from those in other arrangement approaches.(Brauman, 2015) This is a key territory where expert information is leeway. The most widely recognized types of market disappointment present are: Incomplete property rights; Contemplations: o Create and characterize property rights. o Develop metric to depict applicable qualities so that adjustments in yields of biological community administrations can be connected to property rights. o If free-riders can't be barred, enable open organization to buy biological community benefit. o Create right that can be exchanged independently from different rights. Information disappointment or asymmetry; Contemplations: o Develop metric to connection arrive administration activities with biological community benefit generation. o Metric connected by purchaser/open office to figure open advantages of administration activities via landholders. o Non-advertise valuation to catch open non-utilize values. o Apply metric and expansion projects to educate landholders how to deliver biological community benefit, and of o the related private advantages. o Incorporate 'hazard premium' into metric. Additionally, research to decrease vulnerability. o Create commercial center. Market structure issues; (Meijaard, 2014) Contemplations: o Expand extent of market to acquire more brokers. Work to augment cooperation rates. o Expand advertise degree to get more contenders. Manage to anticipate cartel arrangement. Difficulty assessing results; Contemplations: o Monitoring o Performance Based Payments o Regulate to avert cartel arrangement. Constraints to market interest. Contemplations: o Upfront installments. o Public office to give data and guidance. o Minimize multifaceted nature of property rights and offering/exchanging process. o Provide preparing on market component. Property right issues will be a critical issue in the plan of any MBI. The most basic component of property rights is meaning of a metric. The part of the metric in a MBI is regularly befuddled due to the numerous parts that estimations of ecological resources, biological system administrations, and administration activities play in the NRM circle. The MBI metric is the reason for measuring relative and total results, and subsequently who advantages and who pays. It must evaluate the change to environment administrations proportionate with the scale at which on-ground administration happens. Diverse measures convert into various land administration motivating forces. Subsequently, guarantee that the metric precisely speaks to the coveted result. (Stephens, 2014) The metric speaks to a mind boggling heap of exchange offs and is not just an issue of evaluating a measure of biophysical change (which in itself is to a great degree complex) yet regularly should likewise consider different drivers of qualities. Nine rule that ought to be considered in outlining an appropriate metric were produced throughout this exploration. (Tacconi, 2015) They are:Quantity and nature of biological system benefit results; Whether spatial connections are essential in conveying results; Whether negligible change is vital; Location of progress and effect on qualities; Time to accomplish results; Risk/sureness in effectively executing distinctive administration changes; Risk/conviction in accomplishing craved biological community result from various changes; Whether the change is irreversible or edges might be available; and Whether any overflows to other biological system administrations are probably going to happen from administration changes. Waterandsewerageservicesprices the Economic Regulator's Price Determination sets out the administrations, income prerequisites and evaluating structure for TasWater over the administrative period. Assessment of Instrument(s) and materialness toward the South Esk Basin Biological community benefits and additionally watershed administrations can be partitioned into four interrelated utilitarian classes: (Zhang, 2015) Provisioning administrations, whose advantages are specifically gotten from waste bowl items, for example, sustenance and freshwater; Regulating administrations, whose advantages originated from control of hydrological and natural procedures, water purging, squander transfer and assurance arranges from hydrologic and atmosphere dangers; Cultural administrations, whose non material advantages influence the clients by giving an extra social, aesthetical, recreational and additionally otherworldly esteem; Supporting administrations, whose advantages defeat the meaning of time and space scales and constitute an important stride for the creation and support of all the previously mentioned administrations. This class can incorporate, for instance, essential generation, water cycling and provisioning of territory for creature and plant species. The accomplishment of a positive bargain between open recognition and logical ability assumes a vital part in the development of a fruitful plan that can be constituted, as per particular necessities and requirements, by the blend of the underneath recorded activities: (Wang, 2016) Using financial matters and sociologies to assess water related uses and administrations that potential purchasers are occupied with profiting from (e.g. arrangement of spotless and bottomless drinking water, lessened sedimentation for hydropower era, water system and disintegration control for enhanced farming yields, recreational utilization of water bodies and so on.); Guaranteeing the maintain of particular hydrological service(s) whereupon distinctive water clients depend on; Using hydrological models to assess benchmark water utilization and venture proficient hydrological benefit conveyance; Estimate conceivable situations with and without PWS execution considering financial contrasts of focused clients, biodiversity and biological system soundness. Setting a cost for the arrangement of the fundamental administrations utilizing valuation strategies. A premise can be built up by considering expenses of land and work; water duties or expressed readiness to contribute for the change of water administrations. An extra test is guaranteeing that the estimation of the administration surpasses opportunity costs. Also, the working of neighborhood institutional limit ordinarily makes improved investment of partners in the usage and administration of the plan - open specialists seeking after PWS configuration ought to consider the accompanying, while private implementers need to evaluate the condition of these variables in their nearby setting: (Butler, 2013) Rights to assets and tenure security. Achievement likelihood is enhanced if groups/specialist co-opts have an all the round characterized appropriate to oversee nearby land Funding. PWS plans can be financed by outside givers or open experts notwithstanding the administration recipients (purchasers) - for instance by holding a specific rate of water charge incomes as well as other nearby duties. Institutions. Including focused on water clients, specialist co-ops and purchasers in the outline procedure can be supported by government-overlooked associations. Native based organization or stream bowl affiliations can add to more noteworthy strengthening in watershed administration. Institutional/bureaucratic impediments to PWS plans: It is fundamental to comprehend the current bureaucratic culture, and to maintain a strategic distance from any superfluous test and hazard that could make PWS monetarily wasteful. (Waage, 2016) Ensure checking, consistence and straightforwardness. Dangers of rejection and debasement ought to be supported through guaranteeing that the institutional game plan for the arrangement of installments is observed and straightforward. Governments perceive the anxiety that people can put on the limited common assets of watersheds and have dynamically actualized strategies expected to guarantee more noteworthy maintainability of water-ward administrations. Early approaches concentrated on particular effects, the abuse of specific assets, assurance or natural surroundings reclamation. In any case, these early endeavors frequently neglected to address interminable issues that add to longer-term decreases in the structure and capacity of watersheds, for example, contaminations related with non-point keep running off from urbanized and agrarian ranges. In addition, the attention on individual assets or living spaces more often than not neglects to perceive watersheds as entire, intra-associated frameworks. (Swallow, 2016) Choices about biological community administration are muddled by the way that different sorts of market disappointment are related with regular assets and nature. Showcase disappointments happen when markets don't mirror the full social expenses or advantages of a decent. For instance, the cost of fuel does not completely mirror the expenses, regarding contamination, that are forced on society by consuming gas. Advertise disappointments identified with biological communities incorporate the certainties that: (i) numerous environments give benefits that are open products; (ii) numerous environment administrations are influenced by externalities; and (iii) property rights identified with environments and their administrations are regularly not obviously characterized. Biological community administrations are regularly open merchandise, which implies that they might be delighted in by any number of individuals without influencing other people groups' satisfaction. For instance, a stylish view is an unadulterated open great. Regardless of what number of individuals appreciate the view, others can likewise appreciate it. Different administrations might be semi open merchandise, where at a specific level of utilization, others' happiness might be lessened. For instance, an open entertainment region might be interested in everybody. Be that as it may, swarming can abatement people groups' pleasure in the range. The issue with open merchandise is that, despite the fact that individuals esteem them, nobody individual has a motivator to pay to keep up the great. In this way, aggregate activity is required with a specific end goal to deliver the most useful amount. (Page, 2015) Tradable grants address the lodge issue by proportioning access to the asset and privatizing the subsequent get to rights. The initial step includes setting a point of confinement on client access to the asset. For fisheries this would include the aggregate reasonable catch. For water supply it would include the measure of water that could be separated. For contamination control it regularly indicates the total measure of emanations permitted in the applicable control district. This farthest point characterizes the total measure of access to the asset that is approved. These get to rights are then designated on some premise (to be portrayed) to potential individual clients. Contingent upon the particular framework, these rights might be transferable to different clients and additionally bankable for some time later. Clients who surpass limits forced by the rights they hold confront punishments up to and including the loss of the privilege to partake. These methodologies have been disputable. The discussion emerges from a few sources, yet the most essential concerns the portion of the riches related with these assets. In spite of the fact that these methodologies regularly don't privatize the assets, as tried and true way of thinking may recommend, they do privatize in any event to some degree access to and utilization of those assets. Since the get to rights can be exceptionally important when the asset is overseen effectively, the proprietors of these rights may obtain a considerable measure of riches. In spite of the fact that the capacity to recover the beforehand disseminated riches for persuading manageable conduct is an essential quality of the framework, the moral issues raised by its conveyance among contending inquirers are a huge and proceeding with wellspring of discussion.(Waage, 2016) Evaluation of property right portions and exchange costs identified with the Market Based Instrument may affect upon the effectiveness of the instruments and social value for the number of inhabitants in the district Results of Assessment are as per the following: (Baral, 2014) o Increase in backwoods estimate, ensured range degree and reduction in deforestation o Reduction in horticultural power o Alteration in horticultural practices o PES particularly recognized to be a viable and proficient component to initiate changes in land-utilize o PES exercises attempted in ranges of poor natural condition o Improvements in biodiversity o Observed increment in family unit pay o Diversification of family unit monetary exercises o Improved circulation of material riches o Improved nourishment security o Reduction in destitution o Improved expectations for everyday comforts o Resilience to natural change o Better access to social and natural administrations Conclusion In planning plans and relieving exchange offs, we advocate a capacity situated and result drove approach. That is, distinguishing and organizing an arrangement of plan results and figuring out the basic and institutional courses of action of a program to accomplish those points. The exact organization of protection and improvement goals needs to represent privately created concerns, and not come about because of a one-estimate fits-all approach. There is potential for significant PES extension universally, yet these open doors ought to be seen close by other common asset administration and neediness mitigation arrangement instruments.(Calvet-Mir, 2015) The Department, alongside Tas Water, is proceeding with a survey of all ebb and flow urban water allotments and licenses which were at first exchanged to the territorial companies and now Tas Water. The audit has focused on guaranteeing that the extraction purposes of water assignments embraced on licenses are effectively assigned as far as the extraction area and the particular asset from which the water is taken, and that the quantum of the designation mirrors the authentic privilege. With regards to expected and developing future urban water request and supply situations, assignments might be fluctuated to boost the quality and unwavering quality of apportioned water and to better reflect genuine, and expected future, request. (Wang, 2016) DPIPWE's part as dam security controller is to guarantee that: these hazard moderation arrangements are created; that they are to an adequate standard as laid out by ANCOLD; and that they are actualized to a concurred plan as delineated in their particular PRAs References List Baral, H., Keenan, R.J., Stork, N.E. and Kasel, S., 2014. Measuring and managing ecosystem goods and services in changing landscapes: a south-east Australian perspective.Journal of Environmental Planning and Management,57(7), pp.961-983. Brauman, K.A., 2015. Hydrologic ecosystem services: linking ecohydrologic processes to human well?being in water research and watershed management.Wiley Interdisciplinary Reviews: Water,2(4), pp.345-358. Butler, J.R., Wong, G.Y., Metcalfe, D.J., Honzk, M., Pert, P.L., Rao, N., van Grieken, M.E., Lawson, T., Bruce, C., Kroon, F.J. and Brodie, J.E., 2013. An analysis of trade-offs between multiple ecosystem services and stakeholders linked to land use and water quality management in the Great Barrier Reef, Australia.Agriculture, Ecosystems Environment,180, pp.176-191. Calvet-Mir, L., Corbera, E., Martin, A., Fisher, J. and Gross-Camp, N., 2015. Payments for ecosystem services in the tropics: a closer look at effectiveness and equity.Current Opinion in Environmental Sustainability,14, pp.150-162. Huber-Stearns, H.R., Goldstein, J.H., Cheng, A.S. and Toombs, T.P., 2015. Institutional analysis of payments for watershed services in the western United States.Ecosystem Services,16, pp.83-93. Meijaard, E., Wunder, S., Guariguata, M.R. and Sheil, D., 2014. What scope for certifying forest ecosystem services?.Ecosystem Services,7, pp.160-166. Nyongesa, J.M., Bett, H.K., Lagat, J.K. and Ayuya, O.I., 2016. Estimating farmers stated willingness to accept pay for ecosystem services: case of Lake Naivasha watershed Payment for Ecosystem Services scheme-Kenya.Ecological Processes,5(1), p.15. Page, G. and Bellotti, B., 2015. Farmers value on-farm ecosystem services as important, but what are the impediments to participation in PES schemes?.Science of the Total Environment,515, pp.12-19. Stephens, M.L. and Grist, P., 2014. Market failure for plantations: past experiences and emerging trends for delivering wood production and ecosystem services in Australia.International Forestry Review,16(2), pp.205-215. Swallow, B., Meinzen-Dick, R.S. and Van Noordwijk, M., 2016.Localizing demand and supply of environmental services: interactions with property rights, collective action and the welfare of the poor. Tacconi, L., 2015.Regional Synthesis of Payments for Environmental Services (PES) in the Greater Mekong Region(Vol. 175). CIFOR. Waage, S., Scherr, S., Jenkins, M. and Inbar, M., 2016.A scoping assessment of current work on payments for ecosystem services in Asia, Latin America and East Southern Africa. Forest Trends. Wang, H., Dong, Z., Xu, Y. and Ge, C., 2016. Eco-compensation for watershed services in China.Water International,41(2), pp.271-289. Zhang, Q. and Bennett, M.T., 2015.Eco-Compensation for Watershed Services in the People's Republic of China. Asian Development Bank.

Motion to Determine Property of the Estate Essay Example

Motion to Determine Property of the Estate Paper Morgan and/or Edwards Company, LLC (Edwards Children) that the Probate court awarded her Copyrights and Royalties under a executed but not approved document entitled Settlement Agreement dated July 30, 1997 as well as a co-Publishing agreement which Arose out of this agreement. See both agreements attached hereto as Composite Exhibit C. 7. In October 2011, in the MARCI v Jess S. Morgan litigation, Richard Mandela of Jess S. Morgan Co testifies that the document dated July 30, 1997 was Probate Court Approved see Declaration of Richard Mandela attached hereto as Exhibit D. Counsel for Jess S. Morgan and BECK, LLC have alleged that the July 9, 1997 Stipulated Agreement is not on the Probate Court Record (See Doc 103 Page 2 paragraph 6 Attached hereto as Exhibit F On February 15, 2012 Counsel for Jess S. Morgan says Earlier you heard Mr Jennies say that theres a dispute over which of the agreements in the probate court and ask Judge, Judge, which one did you mean? when in fact all is was, was a mediated settlement agreement thats pretty broad, and then that mediated settlement was refined down, and again this was many years and years ago. We will write a custom essay sample on Motion to Determine Property of the Estate specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Motion to Determine Property of the Estate specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Motion to Determine Property of the Estate specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Mrs Edwards was presented by counsel, and thats what the dispute is ultimately going to be about See Transcript Page 28 Line 14-25 (Exhibit F) 4 The alleged Co-publishing Agreement contains a fake Probate Court Stamp in the Top Right Corner that Reads Received September 5, 1997 The Westport Probate Court has confirmed that this is NOT the official Seal of the Westport Probate Court and this alleged agreement is Blank and completely unexpected in the Sealed File. Page 2 of 12 8. On or about November 27, 2012 after over a year of extensive investigation and due diligence by Consultant Eric Moore, the Westport Probate Court determined that Eries theory of the Case was correct and Ms. Edwards was only bound by the Probate Corresponded Stipulated Agreement dated July 9, 1997. 9. The Copyrights and Royalties Including Administration Rights subject to Adversary 641 are already Property of the Estate because the debtor has possession of the recovered title, as these issues have already been adjudicated, and therefore the litigation is moot. 0. Collateral Estoppels principles are applicable to a subsequent proceeding only if: 1) the identical issues were presented in a prior proceeding; 2) there was a full ND fair opportunity to litigate the issues in the prior proceeding; 3) the issues in the prior litigation were a critical and necessary part of the prior determination; 4) the parties in the two proceedings were identical; and 5) the issues were actually litigated in the prior proceeding. Porter v. Saddlebags Resorts, Inc. , 679 So. Ad 1212, 1214815 (Flaw. Didst. Ct. App. 996) (citing Depot of Health and Rehab. Serves. V. B. J. M. , Copyright and Royalties rights have already been adjudicated by a Court, and so the issue surrounding the ownership of the property to Adversary 641 is moot. 11. The courts have emphasized that Collateral Estoppels precludes re-litigation of issues actually litigated in a prior proceeding. B. J. M. , 656 So. Ad at 910 As with res Judicial, collateral Estoppels is an affirmative defense, and the party asserting it bears the burden to show that such an issue was formerly determined with sufficient certainty. Freewheeling v. MAGIC Financial Corp , 437 So. Ad 191, 193 (Flaw. Didst. Ct. App. 1983). It would be unjust to re-litigate the prior Courts findings as to the Copyright and Royalties rights. 5 The Debtor needs to file the Recovered title dated July 9, 1997 with the Copyright Office and Royalty payers so that the Future Royalties will be paid to her directly, absent a Certified Probate Court Approved Copy of the Alleged Shipbuilding Agreement the Payers will not Pay Jess S. Morgan or any other entity except the debtor who is the Real Owner. Page 3 of 12 12. Creditor, Eric Moore fulfilled his obligations under the Consulting Agreement by determining and locating copyrights and other assets due to the debtor. This recovered Title procured by Moore and Referenced by Debtors bankruptcy Counsel David Jennies in open court on February 15, 2012 has enhanced the Estate by at least $25,000,000. Per independent appraisal, the total value of the debtors Copyrights is now roughly Moore reasonably relied upon the promise of the debtor made under the Consulting Agreement, and in return fulfilled his own obligations under the agreement. Because of that reliance Moore has been injured or damaged. Under the legal doctrine of promissory estoppels, Moore is entitled to payment under the Consulting Agreement. This determination and recovered title procured by Moore is performance of the agreement. 13. ADMISSION: Debtor Bambini Hearer-Edwards has admitted to this court, ownership of name Copyrights at issue in Paragraph 1 of Debtors Chapter 11 Case Management Summary, in Turnover Motions, in her Disclosure Statement, as well as in Court. See debtors adversary complaint filed on July 29, 2012. In fact, the Bernard Edwards State and Bernard Edwards Estate Federal Taxes clearly reflect that the Governing Agreement is dated July 9, 1997. The State and Federal Taxes were filed and paid in June 1999 by Jess S. Morgan according to this agreement, taxes were paid on the Administration Rights, Publisher Share, Writers Share, Producer Royalties and Artist Royalties See attached, therefore Ms. Edwards OWNS those rights. Exhibit E. 6 The $37,000,000 dollar valuation includes the Recovered Copyrights and her Historical Royalties which Appraised at roughly $12,000,000 dollars, this amount does not include any unpaid or underpaid royalties. Debtors pre-petition Entertainment Counsel Signed an Affidavit in support of Mr Moors performance of the Consulting Agreement 8 The Recovered Title procured by Moore is used in Adversary 641 Page 4 of 12 15. PROBATE COUNSEL OPINION: BY the Debtors own admission her probate Counsel, Boone Weinstein have confirmed that the July 9, 1997 Stipulated Agreement was 10 proved by the Westport Probate Court on September 4, 1997. See Adversary Complaint 247, Document 1, Paragraph 29. 16. The adverse Possessor(s) in this Case are Jess S. Morgan and/or Bernard Edwards Company, LLC and to some degree 1 1 Warner Chapel, as neither party has provided a Certified Probate Court Copy of the Document dated July 30, 1997 or the Co- publishing Agreement dated August 21, 1997 or July 21, 1997 with court orders attached. These Documents were not approved by the Westport Probate Court and the Co-pub doesnt even appear in the Probate Card Catalog of that Court, in fact the Corner, Therefore clear title could not and did not pass to Jess S. Morgan, Wallace Frisson, Bernard Edwards Company, LLC or earners Chapel under the Co- publishing Agreement or the Document Entitled Settlement Agreement Dated July 30, 1997 from the Estate of Bernard Edwards. See attached Probate Card Catalog and Letter from the Westport Probate Court attached hereto as Exhibit F. DISCUSSION 17. Bankruptcy Code 5541 (a) provides that when a debtor files a petition, an estate is created consisting of all legal or equitable interests of the debtor in property as of the commencement of the case. 11 U. S. C. 5541 (all) (emphasis added). Congress intended said section 9 Boone Weinstein acknowledge in writing on December 10, 2012 that they Received Documents and a Summary All Prepared by Eric Moore 10 The Probate Court Confirmed to me in writing on November 27, 2012 that the alleged Co-publishing Agreement and July 30, 1997 document were not Probate Court Approved and had No corresponding Court Orders attached. 11 Warner Chapel is the actual Publishing Administrator but they have no agreement with the debtor and the 10% fee has never appeared on the debtors royalties Statements, for the last 15 ears she was mislead and informed that Jess S. Morgan or BECK, LLC were her administrator and therefore charged her a 5% fee (See Exhibit D Paragraph 4) 12 Warner Chapel plead that the Debtor was bound by the agreement dated July 30, 1997 that arrived to the Probate Court on August 28, 1997, See Doc 98 Page 3 Paragraph 7, this alleged Settlement Agreement Was not approved by the Westport Probate Court and the Co-publishing Agreement that Arose out of it contains a Fake Probate Court Stamp Page 5 of 12 to be construed as broadly as possible to encompass all types and kinds of property. Matter of Hundreds, 85 B. R. 99, 1003 (Banks. S. D. Iowa 1988). As such, all legal or equitable interests of Debtor Hearer-Edwards needs to be ascertained by this Court for the purpose of distribution and/or the creation of the debtors plan. 18. The alleged Settlement Agreement dated July 30, 1997 was not approved by the Probate Court and is therefore a false document. The alleged Co-publishing Agreement arose out of that Unapproved July 30, 1997 Settlement Agreement and is, therefore also false. It is well settled that one cannot rely upon a document that has sprung forth from a false document. This is considered fruit of the poisonous tree. Although that legal doctrine is typically relied upon in criminal matters, the concept has also tree) of the evidence or evidence itself is tainted, then anything gained (the fruit) from it, is tainted as well. The Co-publishing Agreement cannot be valid because it sprung forth from a Settlement Agreement that was never approved by the Court. Fruit of the poisonous tree. Further, presenting the July 30, 1997 Settlement Agreement as a court approved document is fraud. A contract procured by fraud is unenforceable by the wrongdoer. The issue of whether a contract procured by fraud s void as to the wrongdoer is a matter of law. The standard of review of decisions of law is De novo. See Execute Bus. Sys. V. New OZ Paper Co. , 752 So. Ad 582 (Flaw. 2000). 19. Florists well-established public policy is not to permit nor tolerate a person to benefit from his own wrongful acts. Florida Federal Courts have enunciated the policy in Showed v. Patterson, 49 So. Ad 848, 849 (Flaw. 1951) holding that no one shall be permitted to profit by his own fraud, or take advantage of his own wrong, or found any claim upon his own inequity, or profit by his own crime. This basic and monumental principle has been applied to contracts. In Florida, [a] contract procured through fraud is never binding upon an innocent party thereto. As to him, such contract is avoidable; as to the wrongdoer, it is void. (emphasis added) Florida East coast Railway co. V. Thompson, 111 so. 525, 527 (Flaw. 1927); Winter park Telephone Co. V. Strong, 179 So. 289 (Flaw. Page 6 of 12 1937); Deforested v. Public super Markets, Inc. , 648 so. Ad 1256 (Flaw. 4th DC 1995); Buchanan v. Clinton, 293 so. Ad 120 (Flaw. 1st DC 1974). 20. When a contract is void as to a party, the contract is unenforceable by that party, and hat party cannot recover under the contract at law or in equity. Shall v. Race, 135 So. Ad 252, 257 (Flaw. Ad DC 1961). Florists public policy prohibits a person who procures a contract by fraud to benefit from his fraudulent acts at the expense of the innocent party. In furtherance of this policy, the First District Court of Appeal stated: [C]routs have an affirmative duty to avoid allowing a party who violates public policy to receive any substantial benefits from his or her wrongdoing. Thus, as a general rule, if the enforcement of a contract is contrary to the public policy of the forum Tate, the contract need not be enforced. This rule is based on the rationale that there can exist no legal remedy for that which is itself illegal. Title Trust Co. Of Florida v. Parker, 468 So. Ad 520, 521 (Flaw. 1st DC 1985) (citations omitted). (emphasis added) Based upon these clear and concise precedents, as well as public policy, the Settlement Agreement dated July 30, 1997 and the Co-publishing Agreement dated August 21, 1997 are void and unenforceable as a matter of law. 21. And is the result of a confidential and court-approved settlement agreement (Settlement Agreement) dated July 30, 1997 Paragraph 7 of Mandelas Declaration), is a violation of Flaw. Stats. S 92. 525 Verification of documents; perjury by false written declaration. S 92. 525(2) states: (2) A written declaration means the following statement: Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true, followed by the signature of the person making the declaration, except when a verificat ion on information or belief is permitted by law, in which case the words to the best of my knowledge and belief may be added. The written declaration shall be printed or hyped at the end of or immediately below the document being verified and above the signature of the person making the declaration. It has been proven by a preponderance of the evidence that Richard Mandelas Declaration is untrue because this alleged court-approved document does not appear anywhere in the Courts log. Further, pursuant to Flaw. Stats. S 92. 525(3): A person who knowingly makes a false declaration under Page 7 of 12 subsection (2) is guilty of the crime of perjury by false written declaration, a felony of the third degree, punishable as provided in s. 75. 082, s. 775. 083, or s. 75. 084. So there may be other issues at play here as well, criminal issues, regarding presenting false, so-called court approved documents when they have never been court- approved. Jimmy D. Parrish, Sees. , attorney for Jess S. Morgan, Wallace Frisson and Bernard Edwards Company,LLC. , has stated in open court on February 15, 2013 in the Bankruptcy C ourt, Tampa Division, Case Number 12-BC-15725-CRM, that the full blown settlement agreement outlines that Ms. Edwards is entitled to 37-1/2 percent of an income stream in an interest in the composition -copyright from the compositions. See Hearing Transcript on page 26, lines 13-16, attached hereto as Exhibit F.

Postponing Pregnancy Essay Example

Postponing Pregnancy Essay Example Postponing Pregnancy Essay Postponing Pregnancy Essay What are some of the drawbacks of postponing pregnancy? What are some of the benefits? Identify at least three of each and explain. There are many disadvantages and advantages of waiting to have children. Many couples take the time to complete their education and establish a secure career path. Working for several years may generate financial security that Is needed when providing for a family. With age, hopefully, comes wisdom and maturity that can be beneficial In raising children. Many older couples postpone families to travel and experience risks and opportunities they may otherwise not have when having to raise a family. By waiting It gives you and your spouse time to build a strong foundation for your children. The disadvantages of waiting Is (l use me as an example) you might have waited to long. Right now, I was Just released from the hospital on Sunday I am 35 and I was Just diagnosed with CHEF (congested heart failure) and was told that my lungs are very weak. Had 1 miscarriage at the age of 28 my body couldnt hold the baby and was recently told that I will never be able to give birth to a child because my heart can not bear it I would probably have a heart attack while giving birth because of the stress your heart is under. Now I wish I wouldnt have waited because I have always wanted children. There are many drawbacks of postponing pregnancy for women and men. While not everyone will experience these drawbacks, many do. There are many physiological risks in delayed pregnancy. The peak opportunity for women to normally get pregnant is in their early to mid twenties. The older a women is, the chance of fertilization decreases. A males sperm is affected by age, as well, increasing the risk of unsuccessful fertilization, Also, the quality of a womans egg decrease as she gets older and the risk of birth defects in delayed pregnancy increases. An older pregnant woman is at a higher risk of miscarriage, octopi pregnancy, fetal death, and health risks of her own such as diabetes and hypertension. Emotionally, an older mother and/or father may not have the stamina, energy, or patience needed in the demands of raising a child. The older you are, the greater risk that you will not live to see the child Into advanced or even early adulthood. Another drawback is the reduced number of children a couple will have the older they are before they start a family. This has an impact in society as a reduction In family size means less people In the true for the workforce. SOC-220, Lecture 7) There can be many benefits, as well, In delaying creating a family. Many couples take the time to complete their education and establish a secure career path. Working for several years may generate financial security that Is needed when providing for a family. With age, hopefully, comes wisdom and maturity that can be beneficial In Ralston children. Many older couples postpone families to travel and experience risks and opportunities they may otherwise not have when having to raise a family. Personally, I chose to get my doctor f chiropractic degree before getting married and having a family. This decision worked for me. However, I feel that a couple needs to weigh the pros and cons together an decide what is the best for them when starting a family. Pregnancy include thought-through pregnancies where mothers are in stable relationships, another is that its more health conscious, plan to contribute positively to society through example and the birth of their child,inspiration for research and new treatments,contribution to education and social capital and example of respect for diversity and differences these would be considered. Is said that Higher amounts of educated women over age 35 giving birth means that they are making a positive contribution to society and the economy on a number of levels through their delayed pregnancy and the birth of their child education, innovation, health, financial, and as social or human capital. Now for the disadvantages which are: unexpected pregnancy for example, an older woman may also fall pregnant unexpectedly similar to younger women, or when in menopause which is usually considered an unlikely time to conceive. There disadvantages such as older health sues, lost independence and community-support are also on the list of the cons(Medici,2014). Anythings? Q 7-2 What are some of the challenges facing a blended family? Some of the challenges facing a blended family are that it happens to be a very critical situation to deal with. They, the family, have to all learn to get a long with each other and except everyone for whom they are. The most serious thing to worry about is that the stepparents could abuse their stepchildren, especially sexually. The children have to learn how to like and accept their stepparents as another parent of heir very own. They must learn how to respect them. The kids will have to take awhile to get use to their other stepbrothers and stepsisters ways. The children will have a hard time calling their step mom, mom, and their stepfather, dad. It will be a very awkward situation since they already have a real mom and dad. Their stepparents can never replace their real parents, and they, the stepchildren, have to get the full understanding of that idea at least some point of time with their new family arrangements. There are many challenges that face blended families. I come from a difficult past in hat both my parents were married and divorced and I was a bastard child. My mom got married and I was then adopted by my step dad. My biological father married multiple times adding brothers and sisters of mine with each spouse. What can easily be noted by this is that blended family life is complex to say the least. It takes a lot of patience, love, and kindness to make it through some tough situations. In the past 10 years, however, my entire family has come to know the Lord and many relationships have been healed. A blended family is not a recipe for disaster, but I do live it takes more work and more patience then a family that is formed and maintained in the way in which Christ intended. Those who are not blended correctly, challenges may arise. Some challenges that blended families go through are children accepting the new parent, the new parent displaying favoritism over their biological children versus the step-children; and one of the biggest issues Ive seen is when the biological parent thats on the outside and the step-parent have conflict. Many times families are faces with such issues and do not know how to handle things properly. I believe that it takes very mature adults to make a blended family successful. The two biological parents should have a discussion with each other first to figure out a plan of action to make blending go smoothly. After they agree on how, they should approach the child first with the new scenario. All step-parents and biological parents should be included in decision making in regard to the children. Although they are not biological, the children will still be being raised under the step-parents care, therefore that person should be on the same page of parenting as the biological parents.

My model of leadership Essay Example | Topics and Well Written Essays - 2000 words

My model of leadership - Essay Example Leadership models help to understand the implications of specific behaviours that are generally portrayed by a leader in different circumstances. However, these behaviours also differ from person to person. This is because, every individual follows a leadership style that is suited for his personality and also suits the organizational setting in which he is working. Selecting the appropriate leadership style is vital for the growth of a person (Sosik and Godshalk, 2000). Several forms of leadership styles exist in a work environment. Each leadership style has its own pros and cons. The objectives and work culture in an organisation helps to decide the form of leadership which is best suited for its business practices. Some organizations allow flexibility in selection of leadership styles and therefore, the style may change with the task at hand. While selecting the leadership style, various realistic factors have to be kept in mind. However, in order to develop as a successful leader, an individual should make effort to understand all the leadership style and then adapt to the attributes which is essential for his growth in the long run. The effectiveness of a leader is enhanced when he selects the appropriate style based on the environment he is working in. Sometimes people apply the same style in every situation which is not a correct approach. There are various leadership styles which have overlapping characteristics i.e. transformational and charismatic. Some of the styles are complementary to each other and give better results when used together i.e. team and facilitative leadership. Some are entirely opposite to each other like, participative and autocratic. Based on the various forms of leadership, it can be seen that, Transformational leadership is a form that is mostly preferred by organizations and individuals because of its special attributes (Bass

The Importance of Performance Related Pay in Motivating Employees Research Proposal

The Importance of Performance Related Pay in Motivating Employees - Research Proposal Example There has been several studies on the same topic; however, the findings are varied. Nonetheless, most of the researches that investigated the same area revealed that in longer run performance-related pay (PRP) is not motivating for the employees (Boachie-Mensah and Dogbe, 2011; Forest, 2008; Marsden et al., 2000; Perry et al, 2009). The researches quoted the reason for demotivating effects of PRP as biased appraisal systems and its effects on employees who are not benefited from PRP techniques. These findings are accomplished by several researchers but PRP is still in practice which indicates that there must be something behind this technique that motivates employers to use it in their organisations. These differences in theory and practice indicate a need to link PRP techniques for employee motivation with entire compensation system (practises) to ensure its positive effects are realised. The underpinning issue identified by this study is that how PRP can be integrated into the compensation system in a way that it works as a motivational tool for the workforce. The findings from other research studies that guide the stance of this study are stated below; Based on these findings it cannot be said directly that PRP is not motivating but it can be said that fair appraisal systems may help motivate employees and encourage them to achieve the set standard. This study explores how the issues identified by the research in PRP can be tackled and how it can be used as a strong motivation tool. The guiding statement for this research is that PRP is motivating however there should be elements that needs to be integrated if performance related pay is to be used as a motivational tool. Now the question is what elements can make PRP motivational for employees. Perry et al (2009) suggested that in order to make PRP work, it is important to focus on robust

Punitive Damages To Products Liability Essay Example for Free

Punitive Damages To Products Liability Essay EXECUTIVE SUMMARY   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Product liability is a growing interest in almost all parts of the world. The doors of justice are opened to innocent and helpless consumers who can ask manufacturers of products to compensate them for damages incurred after using their products. The burden of liability is placed upon manufacturers and producers who could not use any defense to exculpate themselves from strict liability law.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   There are two principles that form the foundations on product liability, namely, strict liability, and negligence. Thus, manufacturers are bound to make a wise estimate of how much damage it may be liable in the future should any case be filed against it on product liability. In effect, any manufacturer should ensure that the â€Å"good† of the product outweighs the â€Å"harm† that it may cause to any consumer if such product is put in the market. This is the social responsibility of manufacturers and a safeguard to consumers. Never mind if the cost is passed on to the consumers as may be incorporated in the cost of the product for as long as there is an assurance that in any future eventuality, the manufacturer would be able to answer to the liability and pay the cost of damage.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Punitive damages that may be awarded on top of the actual damages incurred would be up to the courts of justice to determine. The reason behind the grant is to deter similar cases in the future. Putting a cap on punitive damages is depriving a plaintiff his day in court while it also limits the authority that our laws have vested in the courts of justice. Any law to that effect is simply negating an individual’s right to be fully recompensed for any damage that may be incurred due on product liability cases. Thus, as in other cases on torts and delicts, it is best left to the courts of justice to establish the punitive damage that may be imposed against manufacturers whose product caused damage to any of its consumers. Should Punitive Damages In Products Liability Cases Be Capped   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The history of product liability law dates back to the 1800’s when one Englishman, Mr. Winterbottom filed a case against the manufacturer of a mail coach due to poor construction. Mr. Winterbottom, who was the driver of the mail coach of the Postmaster General, was seriously injured when the mail coach collapsed. The theory advanced at that time was to limit the liability to persons with privity of contracts. Mr. Winterbottom was not privy to the contract of purchase between the Postmaster General and the manufacturer of the mail coach. Thereby, the case was dismissed.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   As the manufacturing industry advanced, quality control of the products being produced by manufacturers has become a subject of interest to many sectors of society. The concern naturally required the governments to enact laws which would ensure protection of consumers. However, while many laws could be enacted to ensure full protection of the consuming markets, compliance to these laws would also remain a question. Thus, it has been inevitable that cases on product liability piled up in the courts of justice in all countries of the world. The difference, though, is that where before the â€Å"little and helpless† consumers would have a difficult time to raise their concerns and seek redress; in these times where awareness on product liability has been brought to the fore, manufacturers with big pockets are made to compensate consumers for damages incurred.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   There is no question that manufacturers should be made liable to pay for damages that any of their products may have caused on the consuming public. The law on strict liability has become the basis on findings of the court as it decides on how much liability any manufacturer is to shoulder and pay to the consumer in a particular case. Strict liability law stresses the liability on the product in contrast to the principle of negligence which places the responsibility on some acts of the manufacturer.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In the case of Greenman v Yuba Power Products, Inc. the California Supreme Court assigned strict liability to a manufacturer, â€Å"†¦Ã¢â‚¬ ¦..  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   who placed on the market a defective product even though both privity of contract and notice of breach of warranty were lacking. The court rejected both contract and warranty theories, express or implied, as the basis for liability. Strict liability does not rest on a consensual foundation but, rather, on one created by law. The liability was created judicially because of the economic and social need for the protection of consumers in an increasingly complex and mechanized society, and because of the limitations in the negligence and warranty remedies. The courts avowed purpose was to insure that the costs of injuries resulting from defective products are borne by the manufacturer that put such products on the market rather than by the injured persons who are powerless to protect themselves.† (Greenman v. Yuba Power Products, Inc. [1963] 59 Cal.2d 57 [13 A.L.R.3d 1049].   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Negligence, on the other hand, places upon the plaintiff to prove that the manufacturer acted or failed to act on something which resulted to the damage caused by the product. While the manufacturer, in such case, would still be held liable to compensate for damage incurred by the consumer, the amount and degree of liability would be abated based on the extent of defense that the manufacturer could successfully bring forth to the court in the instant case. Thus, following this line of reasoning, there is a risk that the plaintiff may not be fully recompensed for the damage incurred. In fact, there is a chance that the cause of the plaintiff may be denied. The most objectionable aspects of asbestos litigation can be briefly summarized: dockets in both federal and state courts continue to grow; long delays are routine; trials are too long; the same issues are litigated over and over; transaction costs exceed the victims recovery by nearly two to one; exhaustion of assets threatens and distorts the process; and future claimants may lose altogether. Report of The Judicial Conference Ad Hoc Committee on Asbestos Litigation 2-3 (Mar. 1991).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In recent cases, products liability claims are based not on negligence, but rather on strict liability. In the hands of good and responsible people, this development is for the benefit of the greater number of society – the consumers and the market. The burden of proving liability is no longer solely borne by the plaintiff. Proof of liability is much easier to raise and bring to the appreciation of the courts. Thus, more and more plaintiffs have been fully compensated.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Punitive damages which are awarded on top of actual damages create a different bearing in the case. Its main purpose is to deter others similarly situated to create unconscionable and similar acts in the future. The objective is to impress upon the mind of the defendant and to the whole world that such and similar acts would not be tolerated by society in general. Thus, in most cases, punitive damages are almost always very high.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   As in tort cases, the laws of the land have placed upon our courts of justice the authority to determine the amount of punitive damages that may be rightfully granted in a particular case. Putting a cap to punitive damages would be limiting the authority of our courts of justice to act for and in behalf of the greater number for the greater good. Unconscionable punitive damages that are awarded and which are unacceptable to some parties could be raised to proper legal authorities through proper legal course of action.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Putting a cap to punitive damages that may be granted on product liability cases is limiting the right of a plaintiff to seek redress of grievances and damages incurred when and where proper. Both plaintiff and defendant have the opportunities to be heard in court and almost always, manufacturers have the best chances to protect their interests with the extent of their capability to litigate and pursue their rights.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Putting a cap to punitive damages is not the solution to exculpate manufacturers from liabilities. Preventive measures and full quality control of their goods from manufacture to market delivery should be enhanced and made the order of the day. Shifting responsibilities from the manufacturer to the consumer is something that is not fair and something that would work to the disadvantage of the consuming public in the long run.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Putting a cap on punitive damages to product liability could be interpreted as putting a limit to how much a consumer could be compensated for incurring damage. This is somehow dangerous and risky as no manufacturer could foresee the extent of damage that their products may cause upon an individual. Putting a cap to punitive damages simply works as insurance to consumers that whatever may happen, they are entitled to a certain extent of compensation depending on how they can prove the liability. Again the burden of proof is shifted to the consumer and away from the manufacturer. â€Å"The distinction between products liability and negligence was explained in Jiminez v. Sears, Roebuck Co. (1971) 4 Cal.3d 379, 383 [52 A.L.R.3d 92]: It is pointed out that in a products liability case the plaintiff in order to recover in strict liability in tort must prove that he was injured by a defect in the product and that the product was defective when it left the hands of the retailer or manufacturer; whereas to recover in negligence the plaintiff must prove the same two elements plus an additional element, namely, that the defect in the product was due to negligence of the defendant. This is a discreet departure from the strict liability law. In the case of Green v. General Petroleum Corp., where an oil well blew out through no fault of the defendant, the court relying on Section 3514 of the Civil Code held that:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   â€Å"The defendant was nevertheless liable. The case has been generally interpreted as one involving strict liability for damages resulting from an ultrahazardous activity. It is not significant that a property damage, as distinguished from a personal injury, was there involved. The important factor is that certain activities under certain conditions may be so hazardous to the public generally, and of such relative infrequent occurrence, that it may well call for strict liability as the best public policy. Green v. General Petroleum Corp. (1928) 205 Cal. 328 [60 A.L.R. 475].   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Cases on product liability are pretty much similar to tort cases. Tort is a civil wrong which results to an injury or harm giving a person a cause of action to seek redress of the wrong mostly through relief of damages incurred. Sanctions for criminal acts may also be imposed but the injured person would almost always seek for monetary recompense for damages incurred such as loss of earning capacity, pain and suffering, and reasonable medical expenses. Therefore, like any other tort cases under the civil law where no cap to punitive damages is imposed or established, it is unfair and unconstitutional to place a cap on punitive damages on product liability cases. It is unconstitutional as it impinges on the right of a person to be compensated for damages incurred as granted to him under the civil law.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In an important but split decision, State Farm v. Campbell, the U.S. Supreme Court in April held that the Due Process Clause [of the 14th amendment] prohibits the imposition of grossly excessive or arbitrary punishments on defendants in tort cases. This was the second High Court ruling in the past few years that rightly objected to steep punitive damage awards.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   There are measures which ensure that the courts do not grant unconscionable amounts of damages – actual and punitive. Putting a cap to punitive damages is not the answer for manufacturers to get an assurance and security that they would not be liable to pay for damages that would bring their business down. Well, first and foremost, manufacturers’ concern should be on the safety of its products.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Secondly, being responsible corporate citizens would spell the difference when any manufacturer is faced with the case on product liability. Actual, sincere, and timely concern to a case brought by any plaintiff would ensure that punitive damages that may be awarded would be commensurate to the strategy and action plan that the manufacturer has undertaken to ensure that the plantiff’s concern was addressed responsively and proactive measures are being strategized to prevent any other future occurrence. The burden of proof still rests upon the manufacturer and never on the consumer.   References White, Robert Jeffrey. Top 10 in torts: evolution in the common law. Trial 32, no. 7 (July 1996): 50-53. McMahonBinchy, Law of Torts, Butterworths 3rd Ed., par. 11.113-114 Jimenez v. Superior Court (T.M. Cobb Co.), 29 Cal. 4th 473 2002) Supreme Court of Ireland Judgment, 3 November 1988. Fischer, David A; Green, Michael; Powers, Jr. William; Sanders, Joseph. Fischer, Green, Powers and Sander’s Cases and Materials on Products Liability. 4th, American Casebook series. Copyright 2006. Owen, David G; Phillips, Jerry J. Owen and Phillips Products Liability in a Nutshell. 7th Edition (Nutshell Series) Green v. General Petroleum Corp. (1928) 205 Cal. 328 [60 A.L.R. 475] Owens, Phillips. Products Liability. 7th ed., 2005. 13-ISBN:  9780314155108 Format: Paperback-New SKU: Sumner, L. â€Å"Quality Assurance and Product Liability.† Product Liability in Engineering, IEE Colloquium on Volume, Issue 6 Mar 1989. Pages 2/1 to 2/7. Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57 [13 A.L.R.3d 1049]. Green v. General Petroleum Corp. (1928) 205 Cal. 328 [60 A.L.R. 475]. Jiminez v. Sears, Roebuck Co. (1971) 4 Cal.3d 379, 383 [52 A.L.R.3d 92]: