Friday, August 28, 2020

Analysis of the impact of individual personality upon formal group Essay

Investigation of the effect of individual character upon formal gathering forms - Essay Example Different components, for example, the kind of association, the hierarchical structure and the conditions in the inward and outside authoritative condition are probably going to impact the cooperation among character and the work environment. The job of character inside contemporary associations is talked about in this paper. Specific accentuation is given on the possibilities of character to impact the conduct of gatherings enacting with every association. At the following level, the current speculations of gathering forms are introduced and broke down, planning to recognize the terms under which these procedures connect with character. It is demonstrated that character can profoundly influence bunch forms in present day associations, particularly concerning associations that are exceptionally de-unified, permitting the advancement of activities by workers at all degrees of the hierarchical pecking order. 2. Hypotheses of character †how these speculations are significant in con temporary associations James and Mazerolle (2002) likewise guarantee that with regards to the working environment the attributes of character ‘are liable to become more clear contrasted with other environments’ (James and Mazerolle 2002, p.18). ... hypothesis, which depends on the perspectives on Freud and Mead, advances that character is identified with science, implying that the conduct of people can be influenced by their organic qualities, as like those of their progenitors. In any case, this hypothesis acknowledges the impact of the earth on human conduct, taking note of that the persistent improvement of ‘the conduct of grown-ups is possible’ (Schneider and Smith 2004, p.10), regardless of whether it is affected by ‘the encounters of these people during their childhood’ (Schneider and Smith 2004, p.10). As per this hypothesis, while being in the work environment people can create various methods of conduct; in any case, the key job of adolescence on employees’ conduct ought to be featured. James and Mazerolle (2002) likewise guarantee that with regards to the working environment the qualities of character ‘are prone to become more clear contrasted with other environments’ (Jam es and Mazerolle 2002, p.18). The explanation is by all accounts the way that in the working environment people need to confront a progression of various conduct difficulties, because of their conjunction with others; because of this reality, in present day associations are relied upon to build up a high range ‘of psychological structures (convictions, values) and intellectual procedures (analysis)’ (James and Mazerolle 2002, p.18). Figure 1 - Stage Theory of Early Ego Integration and Object Relations (Christopher et al. 2001, p.693) The hypothesis X and hypothesis Y of McGregor remain the key hypothetical structures for clarifying the conduct of people in present day associations. The hypothesis X depends on the view that individuals, by their temperament, loathe work (Denhardt 2010). Thus, so as to make sure about the high hierarchical exhibition, chiefs need to administer, as

Saturday, August 22, 2020

Prometheus Unbound Monologue Essay Assignment Example For Students

Prometheus Unbound Monolog Essay Assignment A monolog from the play by Percy Bysshe Shelley NOTE: This monolog is reproduced from Prometheus Unbound; A Lyrical Drama in Four Acts with Other Poems. Percy Bysshe Shelley. London: C and J Ollier, 1820. PROMETHEUS: Evil personalities Change great to their own inclination. I gave all He has; and consequently he chains me here A long time, ages, night and day: regardless of whether the Sun Split my dry skin, or in the moony night The precious stone winged snow stick round my hair: While my darling race is stomped on down By his idea executing priests. Such is the tyrants reward: is just: He who is detestable can get nothing but bad; Furthermore, for a world presented, or a companion lost, He can feel despise, dread, disgrace; not appreciation: He yet compensates me for his own wrongdoing. Thoughtfulness to such is sharp censure, which breaks With unpleasant stings the light rest of Revenge. Accommodation, thou dost realize I can't attempt: For what accommodation however that deadly word, The demise seal of mankinds bondage, Like the Sicilians hair-suspended blade, Which trembles oer his crown, would he acknowledge, Or on the other hand might I be able to yield? Which yet I won't yield. Let others compliment Crime, where it sits throned In short Omnipotence: secure are they: For Justice, when triumphant, will sob down Pity, not discipline, on her own wrongs, A lot of vindicated by the individuals who blunder. I pause, Suffering in this way, the retributive hour Which since we spake is even closer at this point.

Upon the Burning of Our House Essay Example

Upon the Burning of Our House Essay Example Upon the Burning of Our House Paper Upon the Burning of Our House Paper † search for capitalization and accentuation signs that demonstrate the start and completion of the speaker’s thoughts. Abstract Skills Understand the attributes of a Petrarchan poem. Perusing Skills Find units of importance. Understudy Pages with Answers Collection 1 Student pages 18â€19 18 Part 1 Collection 1: Encounters and Foundations to 1800 World, in harassing me . . . 19 11 Name Selection: Class Author: Date Plain Style The plain style is a method of composing that burdens straightforwardness and lucidity of articulation. Headings: Read the choice, and discover instances of the four qualities of plain style. Fill in the diagram beneath with the models. Answer the inquiries beneath to assist you with investigating the plain style. Regular language Simple sentences Direct explanations Biblical references Copyright  © by Holt, Rinehart and Winston. All rights held. Inquiries to Help Analyze Plain Style 1. What other style of composing was mainstream in England during the hour of the Puritans? How was this style not quite the same as the plain style? 2. For what reason does the plain style appear to be hard to today’s peruser? Realistic Organizers 211

Friday, August 21, 2020

Abandonment Of The Jews Essay Example for Free

Deserting Of The Jews Essay David S. Wyman, the creator of Abandonment of the Jews: America and the Holocaust, is by all accounts a knowledgeable and fascinating man. Wyman earned an A. B. in history from Boston University. He at that point went on and earned his Ph. D. in history from Harvard University. Wyman then started to show history and was the director of the Judaic investigations program at the University of Massachusetts. He has composed different books, for example, Paper Walls: America and the Refugee Crisis; A Race Against Death: Peter Bergson, America, and the Holocaust; and was a manager of The World Reacts to the Holocaust. See more: Foot Binding In China exposition David S. Wyman is by all accounts extremely instructed on the subject of Judaic data, including the Holocaust. He presently has his own establishment to teach individuals on the Holocaust and America’s association; it is known as the David S. Wyman Institute for Holocaust Studies. Surrender of the Jews: America and the Holocaust, was occurred during World War II in 1941-1945. The creator, David S. Wyman, covers numerous subjects and conversations to why Jews could have been spared by America and its, could have been, inclusion. The creator has a wide range of reasons why he trusts America could have helped spare the Jews; right from the Roosevelt Administration to bombarding the railroad that prompted the Auschwitz inhumane imprisonment. The author’s focal contention: David S. Wyman’s contention incorporated that if the United States had a genuine promise to help salvage and spare the Jews of Europe that the United States could have supported in sparing a few hundred a large number of the Jews that fell under Nazi order. Wyman helped bolster his proposition by utilizing a few books, the one most normal that he refered to from was Bauer. This was an optional source since it a book from another Historian. â€Å"Although Roosevelt didn't consent to the call for counter against Germany, he again cautioned the Axis, on August 21, 1942, that culprits of war violations would be attempted after Germany’s annihilation and face frightful revenge. † (pg 29) In the second section of the book Wyman focus’ on how America recognized the war however did little to step in and help forestall it or help the Jewish individuals discover asylum. The section features the discussions and the musings of a considerable lot of the world’s pioneers and their contemplations on the up and coming war. Numerous nations needed to disavow the circumstance, or they needed to help with the negligible measures of troops and cash contributed, especially the British. Another point that underpins our author’s postulation is the outside nations additionally shut their entryway to all settlers making it almost incomprehensible for the Jews to enter the nation regardless of whether they figured out how to get away from the Nazis. We had alleviation associations abroad to help apply for visas and to give food, water and apparel. Since we neglected to make our ways for outsiders numerous passed on in the exile camps. The ones that made it through the unacceptable conditions and illnesses had different issues to stress over. Whatever security and bolster the Jews found in France was immediately reduced as Germany came in and had â€Å"round-ups† gathering all the individuals in camps and sending them to their demise. They were basically easy targets in France wishing and seeking after opportunity and dreadful on the grounds that they were still so near death. This data originated from the Overseas Files. â€Å"The expulsions were destroying on an individual level, even before individuals understood that clearing implied murder by gas. † (pg 34) This was an essential source since it was a journal article of a lady working at the camp. A family that had done everything conceivable to escape from the Nazi handle, wound up isolated. From the outset the kids lived yet in the long run it was every one of the a slaughter. The youngsters that escaped attempted to discover their folks sometime in the future 2 and numerous simply gotten return letters stepped, parti sans addresse, which implies goal obscure. David S. Wyman utilized the New York Times frequently in the composition and research for this book. He discovered numerous articles that included meetings with congressmen during the hours of worry in and the absence of contribution from the United States. One of the articles helped the writer show the absence of worry for the Jewish casualties in Europe. As Roosevelt just discussed how the Nazis and others would be â€Å"tried after Germany’s annihilation and face ‘fearful retribution’. † Not one time did Roosevelt notice the destiny of the European Jews. The writer additionally utilized the Am Jewish Congress; Am Jewish Congress Papers on numerous occasions in this book. One indicated the help and fights that originated from the American Jewish Congress’s â€Å"Stop Hitler Now† battle. It was a mass gathering that began on March 1, 1943. It was bolster that joined endeavors and had the option to purchase a full page commercial in the New York Times that expressed, â€Å"America Must Act Now! † I thought this book was fascinating. Albeit once in a while my perusing level was unacceptable to completely comprehend what was happening or simply that reality that possibly not the entirety of my consideration was dedicated to perusing around then. I delighted in the book, however I am additionally an individual that appreciates finding out about the Holocaust and would prefer to find out about that than do a ton of things. I feel like the book was composed for the overall population since I think the author’s reason for existing was to teach the United States individuals of how we may have â€Å"turned our backs. † I would prescribe this book to anybody that needs to teach themselves on a troublesome however fascinating subject. I would not say that it is a â€Å"must read,† yet it is a book that can be perused by a wide range of people.

Definition of ‘Return On Investment †ROI’ Essay Sample free essay sample

An open introduction step used to quantify the effectiveness of a contributing or to think about the proficiency of a figure of various investings. To figure ROI. the advantage ( return ) of a contributing is isolated by the expense of the contributing ; the result is communicated as a for each centum or a proportion. The arrival on contributing articulation: In the above articulation â€Å"gains from investment† . alludes to the profits acquired from selling the contributing of inclusion. Profit for contributing is an extremely famous metric in light of its adaptability and straightforwardness. That is. on the off chance that a contributing does non hold a positive ROI. or then again if there are different possibilities with a higher ROI. so the contributing ought to be non be attempted. Investopedia clarifies ‘Return On Investment †ROI’Keep in head that the calculation for return on contributing and. along these lines the definition. can be altered to suit the situation - everything relies upon what you incorporate as returns and expenses. We will compose a custom exposition test on Meaning of ‘Return On Investment †ROI’ Essay Sample or then again any comparative subject explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page The meaning of the term in the broadest sense just endeavors to mensurate the benefit of a contributing and. accordingly. there is no 1 â€Å"right† calculation. For delineation. a dealer may look at two changed stocks by spliting the gross total compensation that each product has created by its few selling disbursals. A monetary expert. by the by. may analyze a similar two stocks using a completely various ROI calculation. potentially by spliting the total compensation of a contributing by the whole estimation of all assets that have been utilized to do and sell the product. This flexibleness has a drawback. as ROI calculations can be simple controlled to oblige the user’s purposes. furthermore, the result can be communicated from numerous points of view. While using this measurement. do certain you comprehend what information sources are being utilized.

Friday, July 3, 2020

Is Student Debt Motivating Young Parents to Save for College

Student loan balances are having a major impact on the lives of young adults. In fact, a new survey from Bankrate.com revealed that 56% of 18-29 year olds say they have postponed important adult milestones because of student loan debt. This includes things like marriage, parenthood and home ownership. Yet for some parents, student loan debt is actually having a somewhat positive effect. According to the College Savings Foundationï ¿ ½s 9th annual State of College Savings survey, one third of all parents still carry student loan debt. Whatï ¿ ½s more, 82% of these parents said their own debt was a main reason to consider other ways of paying for college for their children, including savings. In fact, when asked how they plan to pay for their childrenï ¿ ½s college bills, 51% said they would use savings, up from 45% in 2014. Looking at the positive Debt appears to be the biggest motivator for parents between 31- 35 years old. 40% of these parents are paying off student loans, and 91% of said having debt was a reason to consider other ways for their children to pay for college. This is considerably higher than other generations ï ¿ ½ 76% of parents ages 36-45 and 74% of parents ages 46-55 said that debt caused them to use other strategies to cover college costs. Whatï ¿ ½s worth noting is that despite the burden of student loans, these parents still believe in the value of a degree and want their children to go to college. Sure, student debt can be frustrating, but these parents realize that those with a degree typically have higher income and better job stability. RELATED: College is worth every penny How parents are saving When it comes to how they save, 41% of parents say they currently own, or are planning to start using a 529 plan, and 42% of parents already have an automatic savings plan set up for college savings, up from 38% last year. The majority of parents are saving between $51-300 a month. Yet, just as in 2014, 40% of parents still plan to take out education loans to cover some college costs, and 69% anticipate making loan repayments for at least five years. We wonder if these have really considered how much loans will actually cost. Savingforcollege.comï ¿ ½s 529 Savings vs. Loans Calculator can give you a breakdown of how much your monthly contributions to a 529 college saving plan would be if you saved for college versus what your monthly loan repayments would cost if you decided to borrow. Parents also want their children to pitch in. In fact, in 2015 more parents expect their children to pay up to one-third of total college costs than last year (49% versus 45%). The majority of parents want them to earn the money by getting a job, but they also want kids to get grants/scholarships, take out loans and use their own savings. In 2015, 14% are encouraging their children to use their own college savings, up from 12% last year. A smaller percentage of parents are also planning on relying on grants and scholarships (80% versus 82%) and asking for gifts from friends and family (51% down from 54%). RELATED: 5 characteristics of high school students heading to college Student loan balances are having a major impact on the lives of young adults. In fact, a new survey from Bankrate.com revealed that 56% of 18-29 year olds say they have postponed important adult milestones because of student loan debt. This includes things like marriage, parenthood and home ownership. Yet for some parents, student loan debt is actually having a somewhat positive effect. According to the College Savings Foundationï ¿ ½s 9th annual State of College Savings survey, one third of all parents still carry student loan debt. Whatï ¿ ½s more, 82% of these parents said their own debt was a main reason to consider other ways of paying for college for their children, including savings. In fact, when asked how they plan to pay for their childrenï ¿ ½s college bills, 51% said they would use savings, up from 45% in 2014. Looking at the positive Debt appears to be the biggest motivator for parents between 31- 35 years old. 40% of these parents are paying off student loans, and 91% of said having debt was a reason to consider other ways for their children to pay for college. This is considerably higher than other generations ï ¿ ½ 76% of parents ages 36-45 and 74% of parents ages 46-55 said that debt caused them to use other strategies to cover college costs. Whatï ¿ ½s worth noting is that despite the burden of student loans, these parents still believe in the value of a degree and want their children to go to college. Sure, student debt can be frustrating, but these parents realize that those with a degree typically have higher income and better job stability. RELATED: College is worth every penny How parents are saving When it comes to how they save, 41% of parents say they currently own, or are planning to start using a 529 plan, and 42% of parents already have an automatic savings plan set up for college savings, up from 38% last year. The majority of parents are saving between $51-300 a month. Yet, just as in 2014, 40% of parents still plan to take out education loans to cover some college costs, and 69% anticipate making loan repayments for at least five years. We wonder if these have really considered how much loans will actually cost. Savingforcollege.comï ¿ ½s 529 Savings vs. Loans Calculator can give you a breakdown of how much your monthly contributions to a 529 college saving plan would be if you saved for college versus what your monthly loan repayments would cost if you decided to borrow. Parents also want their children to pitch in. In fact, in 2015 more parents expect their children to pay up to one-third of total college costs than last year (49% versus 45%). The majority of parents want them to earn the money by getting a job, but they also want kids to get grants/scholarships, take out loans and use their own savings. In 2015, 14% are encouraging their children to use their own college savings, up from 12% last year. A smaller percentage of parents are also planning on relying on grants and scholarships (80% versus 82%) and asking for gifts from friends and family (51% down from 54%). RELATED: 5 characteristics of high school students heading to college

Tuesday, May 26, 2020

Good Academic Essay Topics - Improve Your Writing Skills

Good Academic Essay Topics - Improve Your Writing SkillsGood academic essay topics are essential. Your course work will be lacking if you don't provide good academic writing skills in your assignments. The students will complain that you don't answer the questions in the appropriate manner and they will probably get annoyed. The university of your choice will probably tell you that the students are always complaining to you.But what do they do in the semester? The students are completely bewildered and frustrated when they face tough deadlines. You have to cater to their impatience or else there will be a ruckus. What are your options?If you are really keen to improve your academic writing skills, you should consider taking up some writing courses and learning the basics of good academic essay topics. There are a number of free writing courses offered by various online sites.But these courses will only provide you with a small list of good academic essay topics. They will only give y ou the outline of topics to write about in your essays. It is important to understand that the topics you are expected to write about are the ones that the students are likely to read and have noticed. Your students have to read your assignments first and this gives them the opportunity to evaluate your academic skills.While the topics of your writing assignments are important, the content area is the one that counts. You have to include in your writing a few dozen topical categories. These topics will also be the topics that the students have noticed in other assignments, reports, and even class discussions. Therefore, it is important to pick the best topics of all.Another important point to remember is that writing in the form of an essay is hard. It demands focus and it requires careful selection of keywords. Therefore, learning good academic essay topics requires some time and will only benefit you.Another tip to remember is that there are a lot of free writing programs availabl e online that can provide you with the knowledge and skill of writing essays. You can choose the online writing programs that will train you and help you to hone your skills. However, if you want to become a good writer, you should choose the correct academic essay topics as this will improve your writing skills and will only help you.

Tuesday, May 19, 2020

Why Did Australian Officials Feel The Keep Sell Australia...

Why did Australian officials feel the need to ‘sell’ Australia in the DP camps of post-war Europe? â€Å"We are but 7, 000, 000 people and we hold 3, 000, 000 square miles of this earth’s surface.† In his speech to the House of Representatives on the 2nd August 1945, Calwell announced a target increase in population of two percent of population per year, approximately 70 000 through immigration, to increase population density. Various Australian officials travelled to the Displaced Persons (DP) camps in Occupied Europe to ‘recruit’ possible migrants. However, there were various obstacles to increasing the population, including that Australia was not well known, and not attractive to DPs, as the distance was considerable and hard to get to.†¦show more content†¦Ã¢â‚¬Å"Nobody knew what was awaiting us in Australia.† This statement by an interviewed person by Jerzy Zubrzycki, named Lydia, suggests Australia was simply not well known in the DP camps of Europe. Thus Australian officials advertised Australia as a â€Å"†¦country of salvat ion and new beginnings, and an escape route from the wartime devastation and postwar Communist perils of Europe.† This subversion directly appeals to DPs, however with â€Å"new beginnings†, there were many differences between Australia and Europe that were often unexpected by migrants. Chub presents this stark contrast between reality and the highly publicised version of Australia, including â€Å"†¦the trees and birds [which] were different†¦even the frogs croaked differently to those in Ukraine†¦Ã¢â‚¬  These representations suggest Australia was a homeland that was also pastoral and nostalgic in a European sense. On the other hand, these representations suggest attention was more towards representing Australia as a desirable resettlement destination, rather than successfully integrating immigrants into the Australian community. The features of the Australian immigration policy, and other factors including distance made it an unattractive resettlemen t destination. For these reasons, Australian officials may have felt the need to ‘sell’ Australia. Following the creation of a desirable Australia was the writing of a specific historical narrative by

Wednesday, May 6, 2020

Descriptive Essay About My Family - 1704 Words

I’m standing on the sidewalk with my sister outside of Pastabilities. She came to visit me over the weekend because our parents couldn’t come all the way out from California for parents weekend. We’re both very hungry and tired and a little on edge. A family is standing next to us. A mom, a dad, two younger siblings and a son who also goes to Syracuse. I’ve met the guy once or twice because he lives in the same hall but I don’t really know him that well. They have been waiting outside about the same amount of time as us, a solid thirty minutes so far, but the hostess told both of us the wait would be around two hours. The parents are debating about going somewhere else for dinner. The dad wants to go somewhere else for dinner because it†¦show more content†¦The parents were arguing, passive aggressively speaking, I don’t really know if what they were doing can qualify as arguing because their voices weren’t raised or anything . I related to the kid. Learning more about him through observing helped me empathize with him and in turn expand my perspective. My parents, along with most people’s parents fight all the time. It seems that every time we re out to dinner, or honestly going anywhere my parents start to argue. Similar to the parents I was watching, it’s that weird passive aggressive tone that makes it so unbearable. My perspective shifted. Instead of judging and assuming he has a perfect family, I felt for him. As the conversation went on, I related to him even more. I had been in that same situation and the last thing I would want is people around me judging me. My perspective is mainly shaped by my everyday observations of people. By this I mean my first impressions of people and those small thoughts and ideas pop into my head when I pass by people. These judgements, both good and bad, are the main part in shaping my perspective because they are how I get to know the world around me. I grow my perspective through these observations and my life experiences. They all relate to each other in one way or another. A majority of the small thoughts I have about people are based off ideas and stereotypes in society, or things I have learned growing up and living with my parents. I am similar toShow MoreRelatedDescriptive Essay About My Family1277 Words   |  6 Pagesyears old, my aunt was involved in a really severe car accident. The accident left her in a rehab for a couple of months so she could learn how to walk and do daily activities on her own again. I would always love to visit her every weekend. Being only five years old and not really knowing the main purpose of a hospital, I thought it was a fun and magical place. They had a colossal courtyard where my sisters, cousin, and me would play. They also had an indoor playground where other children my age couldRead MoreDescriptive Essay About My Family1063 Words   |  5 Pages8lbs. My mother likes to tell my sib lings and I that she had all of our names planned ever since she was a little girl. She ended up naming me Alexa Rae Odom. She says the she named me after the singer Billy Joel’s daughter, Alexa Ray Joel. My mother also like to tell me that I interrupted the poker game she was winning just before she went into labor. She says that we could used that money to pay the hospital bill. In my family, there are six members. My father, Anthony; my mother, Sheila; My oldestRead MoreDescriptive Essay About My Family1025 Words   |  5 PagesI was fascinated with New York because I knew that it was packed full of ads and delicious foods. So, my sweet, down-to-earth mom, my prissy half-sister, and I took a family vacation to New York to visit my aunt and uncle and to explore. My dad could not make the trip to New York because he could not take vacation time from his job. My aunt designed cereal boxes for major cereal companies, and my uncle was the producer for all Mercedes –Benz commercials and some Tic-tac commercials. Knowing I wouldRead MoreDescriptive Essay About My Family1232 Words   |  5 PagesMy wife and I moved from chicago about two years ago after we got married and moves to Austin, Texas. We were in the country part of texas. We’ve been married for about two years now. I really love her she means everything to me, we are very close we do ever ything together. My wife and I rode our bikes every morning to get exercise or at least be active most of the time. One morning my wife couldn’t ride with me because she had an appointment, so I decided to ride by myself. We would often ride pastRead MoreDescriptive Essay About My Family1137 Words   |  5 Pagesline to get on the go cart’s at Blackthorn Family Resort in the Catskills. My mom’s whole family went to this resort this year. It was only the second day but, I was so bored. â€Å"Finally! We get to do something fun!† Eamon yelled. Eamon is my cousin. He is a year younger than me but, we share the same birthday. I don’t want to be mean but he is a big scaredy cat. Although he is scared of everything he has a huge heart and is one of my favorite cousins on my mom’s side. Also, he is one of six justRead MoreDescriptive Essay About My Family1246 Words   |  5 Pageswas something about her that sparked as soon as we meet. That day we spent laughing, playing games, and planning our big summer expedition. We both loved to explore so we decided to explore the back part of the village with all the trees. It was a little eerie but it was a good spot to explore. We let the time that we would go out and explore and followed through with that. Today is that day and we are going to explore today. I got dressed, laced up my shoes, and then gulped down my waffles. I wasRead MoreDescriptive Essay About My Family893 Words   |  4 PagesGrowing up, I was always been recognized as the shy child. At family events , I would be too afraid to have a conversation with my own uncle, so instead I would hide by my parents and avoid communicating with anyone at all costs. My sister is the loud one, she has always been outgoing and I loved to utilize that as an excuse to not address or express my thoughts and opinions. My dad soon realized that I sincerely hated meeting new people, having conversations, and making friends. He would constantlyRead MoreDescriptive Essay About My Family969 Words   |  4 Pagessat there, on the couch, watching movies with my family. Everytime there was a part I didn t or couldn t see, I would shove my head in my mother s shirt, smelling her jasmine scented perfume until it gave me a headache. It was as if we were in our own family bubble, enjoying our time. Who knew anything could ve happened outside our bubble. Sunday morning, I woke up to the sound of the floor creaking as someone moved. I exited my room and as I opened my door, an avalanche of delicious smells showe redRead MoreDescriptive Essay About My Family1576 Words   |  7 PagesSpending quality time with family is one of my favorite childhood memories; spending time outdoors, playing ping pong, or watching a meaningful movie. Do you have any special memories with your family? My most meaningful family memory came from our vacation to Colorado back in 2004; yes, 2004. Although I don’t remember all of the events that transpired, I’m able to recall most of the memorable events that took place. It was a cool, misty morning in the Colorado Rocky Mountains, and I could distinctlyRead MoreDescriptive Essay About My Family864 Words   |  4 Pagesold me and my family moved from America to Europe. We wanted to start a new life away from the troubles we encountered in our town. We constantly had overdue bills, not enough food, or so little money we could barely get by. We didn’t know if we could live in this torture area much longer. We had plenty of euros. I think we had l ike 10,000 or something. We originally had family there who would send us the euros as gifts, then we became collectors. We all wanted to live in Paris, France. My Grandmama

William Shakespeare s The Ghost - 2084 Words

One of the most debated questions is Shakespearean literature is that of Hamlet’s delay in killing Claudius. Even after he has been told by the ghost of his dead father that he was killed while sleeping and the person who did the act is now the king. â€Å"sleeping in my orchard, A serpent stung me† and that â€Å"The serpent that did sting thy father’s life Now wears his crown.† (Shakespeare and Jordan Act I Scene V). The ghost then tells Hamlet to avenge his death because not only has Claudius killed him he has corrupted Denmark. However, the worst thing that Claudius has done according to the ghost is corrupt Gertrude, who has committed the sin of incest by marrying her husband’s brother. Despite this the ghost does not want Gertrude harmed as shown when he tells Hamlet â€Å"Leave her to heaven, and to those thorns that in her bosom lodge, to prick and sting her.† (Shakespeare and Jordan Act I Scene V). This is not because he does not wa nt her to suffer. Instead it is because he feels that she will suffer more by way of a guilty conscious then by death. Whereas he does not believe that Claudius would feel guilt over his death. Plus, by Claudius killing him while he was sleeping, he was denied the ability to atone for his sins which is the reason that he is now in purgatory. However, Hamlet does not act in haste to do the ghost’s bidding, but seeks to find ways to refrain from acting. This paper will look at six possible reasons for this delay. Reason number 1 The sentimentalShow MoreRelatedThe Ghost Of William Shakespeare s Hamlet1030 Words   |  5 PagesIn William Shakespeare s Hamlet, the ghost of King Hamlet is a subtle character who has a major effect on Hamlet during the play. Although he appears very little, the ghost causes Hamlet to not think correctly, not act his normal self, and make people think he has gone insane. The ghost’s presence is not always clear and only speaks to Hamlet in the story, which makes other characters think Hamlet is going crazy. Throughout the play, the ghost only appears four times throughout the play, but everyRead MoreWilliam Shakespeare s The Ghosts 1116 Words   |  5 PagesThe ghosts who shout out urgently in the pages of More’s Supplication were dread that they are being overlooked, the ghosts are swung to obscurity by cynics and reassigned to Hell in the compositions of the victorious Protestants, and the ghosts are progressively marked as the fictions of the bra in. Theses do not altogether disappear in the later sixteenth century, instead, they turn up onstage (Greenblatt 151). As the main Renaissance English writers, William Shakespeare completely participatesRead MoreWilliam Shakespeare s The Ghost 2757 Words   |  12 Pageswith a firm disobedience, ‘I will my lord, I pray you pardon me.’. The transformation of Gertrude from a bewildered victim to a woman deserving of the title ‘Th’imperial join tress of this warlike state’ is similar to Emilia’s confession in ‘Othello’’s finale. Both villains of Shakespeare’s tragedies never foresaw their wives’ disobedience and this inadequacy proved to be lethal in leading to their cataclysmic demise. Shakespeare’s conveyance of misogynistic attitudes can also be seen in ‘Othello’Read MoreWilliam Shakespeare s Hamlet - Hamlet And The Ghost Essay1550 Words   |  7 Pageswho â€Å"is responsible for the death of Ophelia.† Although Gertrude seems innocent of the death of King Hamlet, Graf believes â€Å"Gertrude is considered to be guilty not by her own actions or words but by the words of two key characters, Hamlet and the Ghost;† these two characters suggest that the Queen is â€Å"sensuous and disloyal,† even if not openly aware of her first husband’s murder (Graf). These contrasting views of Queen Gertrude reveal the many possible answers to readers who question whether QueenRead MoreThe Ghost Of William Shakespeare s Hamlet 2253 Words   |  10 Pagesjoin Bernardo. The guards talk about the strange ghost that they have seen for the past two nights around the same time. They claim that it is the ghost of the recently deceased Ki ng Hamlet. Horatio, who is skeptical, has been brought along to try to communicate with the ghost if it shows up. The ghost does appear, and it looks exactly like King Hamlet; interestingly, he is in full armor and suited for battle. Horatio tries to speak to it, but the ghost does not reply and then disappears. HoratioRead MoreMinor Characters Of William Shakespeare s The Ghost 1425 Words   |  6 Pagescharacter seen very little in the play, the Ghost is an important character that is inherently evil in nature that only wishes to corrupt others and cause blood to spill. Seen later in the first act of the play, the ghost was avoided by the guards who first witnessed its arrival in the royal castle of Denmark. The guards themselves did not believe that the spirit was real and thus Marcellus then decides to bring Horatio to on watch with him to prove that the ghost was real. Horatio is very educated andRead MoreEssay on Hamlet Metaphor1089 Words   |  5 Pagesconcept in a literary work. This is the case in William Shakespeares Hamlet, a revenge tragedy that continually depicts the vibrant metaphors of manifesting corruption and festering disease in order to auger the impending calamities in the state of Denmark. Throughout Shakespeares play, there are successive images of deterioration, decay and death. These images are skilfully accomplished through the use of metaphors of rotting and dead gardens. Shakespeare wonderfully creates these metaphors thatRead MorePerfect Idealism In Shakespeares Hamlet1631 Words   |  7 PagesThe play Hamlet is a fable of how the ghost of a slain king comes to haunt the living with disastrous consequences. A rancorous ghost and a brother s murder, lead the gloomy setting of Hamlet s Denmark. Hamlet story opens with an encounter between young Hamlet, his dad s ghost as well as the prince of Denmark. The ghost reveals to Hamlet that its murderer was his brother Claudius, who then rapidly wedded his widowed queen, Gertrude. As a result, the ghost presses Hamlet to seek vengeance on theRead MoreWilliam Shakespeare s Hamlet - Sanity Vs. Insanity1742 Words   |  7 PagesWesley Ray Elliott December 7th, 2015 Honors English IV Mrs. Joyner Sanity VS. Insanity â€Å"Hamlet represents the mid period of the growth of Shakespeare s genius, when comedy and history ceased to be adequate for the expression of his deeper thoughts and sadder feelings about life, and when he was entering upon his great series of tragic writings† (The World s Best Essays from the Earliest Period to the Present Time). Hamlet’s actions are entirely too extreme for him to be faking his insanity. HamletRead MoreEssay on Vengeance in Shakespeares Hamlet - The Theme of Revenge1162 Words   |  5 Pagesthe first act, Hamlet meets the ghost of his deceased father. He is brought to see him by Horatio and Marcellus, who saw the ghost yesternight (Shakespeare 1.2.190). During this exchange of words between the Ghost and Hamlet, the Ghost tells Hamlet, [s]o art thou to revenge, when thou shalt hear. (Shakespeare 1.5.5). He is telling Hamlet to listen closely to what he has to say. Then he tells Hamlet to [r]evenge his foul and most unnatural murder (Shakespeare 1.5.23). When Hamlet finds out that

Essay on Perseverance and The Olympic Story Lost in Time Essay Example For Students

Essay on Perseverance and The Olympic Story Lost in Time Essay Perseverance and The Olympic Story Lost in Time Most people have never had to persevere-holding onto that last sliver of hope-as much as nine American boys who were thrown from their small Washington towns onto the international stage, back in 1936. Don Hume, Joe Rantz, Shorty hunt, Stub McMillin, Johnny White, Gordy Adam, Chuck Day, Roger Morris, and Bobby Moch were all part of The University of Washingtons inspirational 1936 Olympic crew. Each of these rowers had their own stories of perseverance, determination, and grit bringing them together to work magic on the water. They trusted each other, relied on each other, and most importantly they had total confidence that â€Å"no man would pull the full weight of the boat†. So what you need to understand is that these boys were not born with silver spoons in their mouths and they had to work hard to succeed. This crew was composed of sons of loggers, shipyard workers, and farmers, not sons of businessmen or lawyers like the crews back east, like Harvard or Yale, were made up of. They persevered and had the drive to succeed, and it payed off after years of work with a gold medal in the 1936 Olympics in Berlin and the satisfaction of wiping the smile off Aldoph Hitlers and his German crew faces.   Perseverance is the steady persistence in a course of action, a state, etc., especially in spite of difficulties, obstacles, or discouragement. Like I mentioned before, most people dont have epic stories of Perseverance like the members of Washingtons 1936 crew. But what makes an story or moment of true perseverance legendary? It all starts with the inner drive that leads to the determination to succeed. Then adversity comes into the picture and screws up your whole game plan. â€Å"Plan A i. .my rowing coach has taught me a lot about this idea of perseverance and grit. Not letting your crew down, driving onto the finish, and being able to truly believe that the rest of your crew is just a tired and in just as much pain as you are during a race. Over Washington’s 1936 Crews epic journey of perseverance and determination they experienced more adversity, pain, and discouragement than most face in a lifetime. They entered the University of Washington as boys and emerged as men. This was the inspirational tale of perseverance and one of the Greatest Olympic Stories lost in time. â€Å"Rowing is perhaps the toughest of sports. Once the race starts, there are no time-outs, no substitutions. It calls upon the limits of human endurance. The coach must therefore impart the secrets of the special kind of endurance that comes from mind, heart, and body. †Thank You

Tuesday, May 5, 2020

Constitutional Law And Property Law - Solution is Just a Click Away

Question: Describe about the constitutional law and property law? Answer: Common Area and Limited Common Area The common area and limited common area in condominium: The common areas of the condominium are the areas that include the stair walls, elevators, walks, roofs, entryways etc. These areas are those areas of the condominium that are commonly and jointly owned by the condominium owners and are also maintained by them. The limited condominium areas on the other hand refer to those areas that are limited and are used by one or by some of the condominium owners. These generally include the adjoining patios or the enclosed yards which are used by only some of the condominium owners. Even though these areas are used by only the selected owners they are owned commonly by all the owners in the condominium project. Condominium and Cooperatives Condominiums are the ones were the owners of the condominiums obtain their own financing promises the unit as a security for the loan whereas cooperative ownerships are the ones where the cooperative property which includes the common areas as well as the living units forms a blanket mortgage. The payment of the blanket mortgage is dependent on the percentage he owns in the total cooperative (Spiers, 2008). A condominium owner can purchase units on lesser down payments but a cooperative owner may pay as much as one-third of the purchase price. Concerns of the tenant when entering into a lease with the landlord While entering into a lease with the landlord the tenant must keep in mind that the agreement allows the tenant full and quiet enjoyment of the said property. The tenant must ensure that the landlord keeps the property and the common area in a totally repaired condition. The landlord should pay the required taxes for the said property and the tenant should also ensure that said property and the common area are properly insured. Concerns of the landlord when entering into a lease with the tenant While entering into the lease agreement the landlord should also ensure that the tenant needs to pay proper rent to the landlord. The tenant should also pay a certain percentage of the real estate taxes. The tenant should also maintain the interiors and the exteriors of the property. Further the tenants contents should be insured. In case of any sub-lease the landlord needs to be consulted and during the termination of the lease the said property should be given back in the same condition excluding the normal wear and tear. Basic remedies of the landlord in case of default Under lease agreement, if a tenant defaults there are a few remedies available to the landlord. Firstly, the landlord has the right to sue the tenant for performance of the contract. Secondly, the landlord can terminate the lease between him and the tenant and then sue him for damages. Also the landlord has the remedy to dispose of the tenant and then sue him for damages. He first remedy is available to the landlord in case of any default by the tenant (Spiers, 2008). Where the landlord sues the tenant for damages, the damages are calculated based on the rent of the remainder of the term that could have been obtained by the landlord if he had released the premises. Further the landlord needs to serve a notice a termination to the tenant in these cases which should contain an option for the tenant to quit the premises peacefully and surrender it to the landlord. Assignment and Sublease The tenant has the right to sublease or assign or mortgage his or her property in a contract of lease. When a tenant assigns all the parts of the property and the rights and interests in the property and retains nothing with himself, such a transfer is called an assignment. When the tenant transfers only some portion of the rights and interests in the property to the sub-lessee and retains the other portions the transfer is called a sub-lease. In contracts that mentions that subletting is prohibited it is to be assumed that assignment is permitted and in contracts that prohibit assignment, sub-letting is permitted. Basic remedies of the tenant in case of default by the landlord Commercial Lease Covenants Commercial lease covenants specifically mention that the tenant does not have the right not to pay rent or any right to offset. In such cases the tenants are left only with one remedy that is to sue the landlord. The tenant can sue the landlord for performance of the contract or for damages as a result of non-performance of the lease agreement. Lease Guaranty A lease guaranty is an unconditional guaranty that requires the guarantor to perform all the duties of the tenant given in the lease (Hinkel, 2000). It includes most of the monetary obligations of the tenant including the payment of rent, maintenance etc. however, these guaranties can be limited in terms. For any landlord lease guaranties are required especially in the early years of tenancy when the risks of tenant defaults are more. In these cases most guarantors agree to pay all costs relating to collection and enforcement of guaranty. Contract between Landlord and Tenant Facts The given case stats that in the contract between the Landlord and the Tenant assignment was not permissible, the assignment is in violation of the lease and when the landlord accepts the rent from Alice who is the assignee he waives his right to declare the lease to be in default. However, even in this case Toni, the original tenant remains responsible for the lease. In the case of assignments, the assignees are responsible for all rents as long as the assignee is in possession of the property. The assignee can be made liable only in case of any express agreement stating such a provision. In the cases of sub lease the sub lessee has no such responsibility to the original landlord and consequently is responsible only to the tenant. Discussion Depending on the above provisions in this case due to the breach of the contract, in terms of the landlord can sue the tenant Toni for damages since he is responsible being the original tenant of the property. The landlord cannot sue the assignee Alice since in general cases the assignees are not held liable for damages and only case when they are liable is in the presence of any expressed provision in the lease agreement. Since there was no such lease agreement to make the assignee liable she cannot be held for damages (Spiers, 2008). Further, in sub-letting the sub-lessee is never liable to the original landlord hence Samantha will also not be liable to pay damages from the landlord. The landlord can recover all his costs from the original tenant Toni. The sub-lessee is responsible only to the tenant according to the terms of the lease, who in this case is the assignee, Alice. Rights and liabilities of Alice were towards only the landlord till she had possession of the property since the landlord had waived all the rights to declare the lease in default by accepting the rent. And finally Toni had all the rights and liabilities intact even though he was not in possession of the property since he was the original tenant. Property law There are three types of land descriptions in the United States namely: Government Rectangular Survey Restriction, Platted Description Metes and Bounds Description Rectangular Survey System There are number of states in America including Alabama, Alaska, Arizona, Florida, Oklahoma, Nebraska and many other states that uses this rectangular survey system. The system is based on two hypothetical lines which are principal meridians and base lines. The principal meridian runs from north to south through any particular state. These lines are identified through the degrees, minutes and seconds. There are thirty five principal meridians in the country. The base line is also known as the surveyors line that moves from east to west. Each principal meridian is crossed by one base line. The township lines are those hypothetical lines that run at an interval of 6 miles parallel to the base lines (Hinkel, 2000). Further, for the identification of the township squares the requirements are the location of the township strips, the designation of the range strips and the name and number of the closest principal meridian. Platted Description The Platted Description refers to the piece of land referred by a recorded survey or plat. Firstly a plat is prepared with the dimensions and boundaries of the land and later this plat is recorded in the county records with the location (Hinkel, 2000). Meets and Bound description The Meets and Bound description provides the boundary lines of the land where the direction in which the boundary line moves is a course and the length of the boundary line is the distance. Sometimes the meets and bounds description includes the curved land boundary. When the land description requires a curve, the requirements will include arc distance and radius distance of the curve, the chord course and the distance of the chord. Platted Description The type of land description that is commonly used in residential subdivision is platted description (Hinkel, 2000). For the platted description the requirements include the land lot, the district, county and the state. It should also contain the name, lot, block and the unit members of the subdivision and plat book and page number of the recorded reference. Platted descriptions are also used for other places such as condominiums and industrial parks. The general methods used by the government authority for enforcing zonal regulations commences with the following: the issue of notice After the notice, a hearing needs to be held before the passing of the zonal regulation. The notice given may be in the form of a sign on the property or a notice in the newspaper (Hinkel, 2000). The landowners are given an opportunity to speak in the hearing held. Then the governmental authorities need to produce evidence for the zonal classifications. The land owners also have the right to appeal to the court against the governmental decision of the zonal classification. The zoning is then enforced by injunction by the public authorities. The injunction may be such as to restrict the property owner from continuing the business. In case such owner continues with the business, the owner will be held for contempt of court and might face fine and imprisonment. Eminent Domain The federal government along with the state and the local government have an exclusive right to take private property for public usage. However, the government cannot use the power of eminent domain until and unless it provides evidence that the property taken is to be used for public purpose and the private owner has been paid proper compensation for the said property (Hinkel, 2000). Legal Issues There are a number of legal issues related to the proceedings for the power of eminent domain. Firstly, the owner of the property is supposed to receive a notice followed by a hearing before the process for acquiring the private property commences. During the hearing the property owner has the opportunity to represent himself through a counsel and provide sufficient evidence on the facts that the acquirement of the property was not for public usage or that the proper compensation was not paid to the owner of the property in exchange of the said property (Hinkel, 2000). The public usages for which the government property can be taken includes construction works of public streets, sewer facilities, government buildings, re-developmental projects, governmental buildings, forest reserves and also for other recreational purposes such as building of parks, wildlife reserves etc. However, one of the most vital issues regarding the power of eminent domain is relating to the compensation that is awarded by the government to the owner of the property. In all cases the owners of the property are entitled to receive an appropriate amount of compensation equal to the fair market value of the property. Real property taxes of USA, California According to Rosati (2013) property taxes are used as a principle source of revenue for most of the local governments of USA. The reports produced by the Legislative Analysts office California provides information about the different procedures of paying property taxes. Individual country assessor for each country maintains the real and the personal property tax in California. As per the Californian tax law the land and land developments are categorized under real property and movable property are categorized under personal property for instance vehicles. Types of taxes and charges included in a property bill: The general property tax bill circulated within the citizens of California consists of many taxes and charges including the 1% rate, parcel taxes, mello-roos taxes, voter approved debt rates and total tax assessments. The 1% rate is the uniformly available tax rate on the property in the city. The constitution of California also sets out the process for determining a propertys taxable value. According to Schutzer (2010) this helps the novice citizens to check the taxable balance of their property. The report also indicates that the tax like the 1% value and the debt rates are only applicable on the taxable amount of the property. Property tax acts as a source of revenue: As per the financial reports, the Californians pay more for the property taxes compared to that of personal taxes contributing to the largest state general fund revenue source. In the year 2010-2011 the local governments of California has collected about $43 billion only from the sources of property taxes. Apart from the general property tax the other taxes included within the property tax report also generates around $12 billion as an additional source of revenue. Diverse bases for property tax: The 1% rate of the property tax generally comprises of the owner occupied residential properties, investments and vacation residential properties and commercial properties (Esquenet and Weinberg, 2009).The norms of the property tax also provides that certain properties like the property owned by government, hospital property, religious institutions and property owned by charitable organizations are exempt from the block of 1% tax rate. Residential properties accounts for around 39% of the total tax revenue and commercial properties accounts for around 28% of the total tax revenues. Revenues from property tax allocated to local government: The rules of the USA states that the revenues collected from the property taxes are exclusively used by the government. The revenue is mostly used by the K-14 districts. Separate assessment of property improvements: If the property owner makes improvements within the assets by making additions, remodeling, expansions or up gradations then according to California State law the value of the property is assessed at the present market value. However, the unimproved portion is assessed at the past acquisition value. Limitations of the property tax allocation system: The system of 1% property tax allocation is a difficult and non transparent system. Although the system has been generated with the overall consent of the Californian citizens however any changes or additions to the system will make it difficult for the state to regulate the system. Although it is a source of high revenue for the citizens however the use of the 1% system may result in different treatment of similar tax payers. Assessment of taxes: By using the 1% system the local property is assessed at acquisition value and adjusted upward each year. The propositions in section 13 provides for the calculations in this regard. The proposition also provides details of the amendments done by the voters to exclude certain property transfers from generating of reassessments. For instance section 60 of the proposition allows the homeowners over the age of 55 to transfer their existing properties to a new property of equal or lesser value within the same country. Case Analysis Of Kelo V City Of New London Facts: In the year 2000, the City of London approved a development project that aimed to create employment in excess of 1000 jobs and help in increment of the tax and other revenues. The major reason behind approval of the development project by Supreme court is to revaitalize an economically distressed city. For the reason of establishing this project the city purchased property from unwilling owners. The issue: The case was generated when the Supreme Court declared New London as an economically declined city. To revive the position of the economy and to generate around 1000 employments the State planned to introduce state park and private development and alos build a Fort Trumbull area. The Fort Trumbell Area was planned including waterfront conference hotel, 80 new residencies, office space, state park and retail space. According to Hames and Ekern (2013) this was a plan to revitalize the downtown area and make the city more attractive. However the major issue for the case was: Can a city condemn private land under Takings clause with intent of giving that land directly to private developers to encourage economic development? Does the plan made have an economic purpose? The rule: The rule of the law states that the court will judge the issues based on two major facts namely Firstly, the property thus taken id reasonably necessary for enhancement of the city and the public Secondly the property takings were done for some reasonable future needs The analysis: For assembling of the land needed for the development project the agent purchased the properties from willing sellers and remainder of the property form the unwilling sellers in exchange of compensation. As per 5-4 opinion delivered by Justice John Paul Stevens, the majority of the court held that the acquirement of the private property for the purpose of sell is qualified as a public use. Hence the meaning of the land under the Takings clause is valid. The majority of the court has argued that the city was not taking the land for development of a particular group rather the plan was meant for an overall economic development. However Esquenet and Weinberg (2009) stated that the project plan did not include any circumstances where the land is to be used by the public. However the action qualified under the Taking clause despite the fact that the land is not going to be used by the public (www.findlaw.com , 2014). However the arguments were generated stating that in the name of economic development majority of the properties are presently transferred to private owners. However the fifth amendment of Takings clause suggests that literal public use of the property may not be present in certain cases and in those cases a broader interpretation will also act as a source of information. The outcome: The final outcome of the case was that Justice Kennedy gave a concurring opinion for making a more detailed review on the economic development initiated by the project. Thus the project was put on hold and the land was used as a dumping ground in the future. The private developer was also unable to obtain finance and hence abandoned the project and the case was closed finally. Title Examination The performance of a title examination is essential since it helps to ensure that the seller has the capability to convey a good title to the buyer at the time of the transfer to property or that the borrower has a good title to the property that is being pledged as a security for the loan. The conduct of the examination also ensures that there are no adverse interests that have been recorded against the property that is in question. Defects of Title There are a number of common defects and problems relating to title. However, there are also potential solutions for such problems. One of the problems is that the seller is not the recorded title holder but has been in possession of the property. Under such a situation, one solution can be to obtain quitclaim deed from all the parties that have possible interest in the property. The second problem that might arise is that there may be errors in the prior recorded deed in the chain of title. However, any error is not of much significance as long as the mortgage deed is paid and is released before the closure (Aalberts and Siedel, 2009). The third problem that might arise is regarding changes in the names with regard to spelling errors. In such cases a single affidavit is enough to solve the problem. The fourth problem that might arise is the missing power attorney. Under such circumstances the defect may be rectified by recording a corrective deed or a quitclaim deed from the previous owner. And finally there may be a notice of any pending suit that may affect the title of the property. Under such circumstances, it is essential that the suit for which there is a lis pendens needs to be settled or may be dismissed with prejudice. Bona Fide Purchaser The bona fide Purchaser for value rule states that any such person who purchases any property with good faith and for a valuable consideration and without any notice of claim or interest in the said property by any other person, such a person would be considered as a bona fide purchaser and such a person can take the property clear of any claims or interests in the property by any other party. However, it is essential that a bona fide user pays a valuable consideration for the property. But the consideration paid may not be equal to the market value of the property. When reviewing the recorded documents in a chain of title, the title examiner must look into the following aspects. The examiner must review the identity of the parties, the date of the instrument and the filing date. The examiner must further check properly the signatures and the requirements regarding the witnesses. The examiner must also not the type of estate that is being conveyed. And finally the examiner must also look in with details the covenants and all other requirements that have been set out in the instruments. For assuring that there is a good title to the property, there are three safeguards. Firstly, a general warrantee deed of conveyance in one safeguard to ensure that the property is safe. Secondly, title of the deed should be examined properly by the examiner before it is conveyed and finally it should have title insurance. Title insurance is a contract which is required to indemnify the insurer against any loss with respect to any defect in the insured property or in case of any encumbrances which may in any way affect the insured title when the policy is being issued. In accordance to the ALTA Owners Policy there are four risks that are covered. Primarily, the policy insurers that the title to the estate or any interest as described under Schedule A vests in the insured (Aalberts and Siedel, 2009). Secondly, the policy further gives insurance against any debt or any encumbrances or any lien on such title. Thirdly, the policy gives insurance that the title given is a marketable title and finally, the policy also insures that the property has access to the public road. Subject to Or In Assumption In accordance to the rules of property law, that real property can be sold either subject to or in assumption to an existing mortgage. Hence when any person buys any real property that is subject to any existing mortgage, such a person will not have any liability with regard to the payment of the debt in the mortgage. The new owner is in obligation to protect the real property and make the necessary payments for the loan. Any lender who is subject to sale can foreclose and sell the real property under such circumstances when the debt is not paid. Also the lender also has the right to sue the original mortgager for paying the debt since according to the laws even when the real property is sold the original mortgager is not released from the debt. Nonetheless, in the case of assumption of the real mortgage when any purchaser purchases the real property and assumes the mortgage, he will be personally liable for the debt. In such cases where the loan is default, the lender has a number of options (Aalberts and Siedel, 2009). He can foreclose the real property or he can also sue the new owner of the real property who had assumed the mortgage or he can also sue the original mortgager. Under no circumstances is the original mortgager relieved from the debt of the mortgage. When the deed contains the terms assume or agree to pay it implies that there is an assumption on the existing mortgage and the new owner can be held liable for the payment of the mortgage debt. Under the property laws, a borrower has been given the right to mortgage the real property a number of times, unless, there are expressed terms to forbid such a right in the mortgage. The borrower can mortgage the real property to the lender as long as he is willing to consider the property as a security for the loan (Warda, 2005). However, with regard to the second mortgage loans there are quite a few risks that are present. The most important risk is that the first mortgage is not to be paid. Hence when the first mortgage has not been paid and the mortgage goes in default and is sent for foreclosure, then the second mortgage would be terminated during the foreclosure sale. Under such circumstances normally the lenders of the second mortgage receive estoppels certificates from the lenders of the first mortgage after considering the outstanding debt. With the help of the estoppels certificate the first mortgage lender will not be able to foreclose the loan until he provides a notice of default to the second mortgage lender and also giving the second mortgage lender enough time for correcting the default. Additionally, the second mortgage lender can also present in the mortgage that any default under the prior mortgage will result in the default in the second mortgage. The second mortgage lender can also have the right to cure any defaults under the previous mortgage and later add the cost for curing the defaults in the debts as has been secured by the second mortgage. Promissory Note and Guaranty A promissory note can be considered as a legal document that contains within a promise by one party to pay a certain amount of money to another party. On the other hand, a guaranty is a legal document that puts an obligation on the maker of the legal document to pay the debt to another person. In case of guaranty the mortgage lender is given the right to sue the shareholders for the payment of the note and the mortgage holder also right to recover the debt from the personal assets belonging to the shareholders. In case of promissory notes the parties are the maker or the payor who promises to pay the money and payee who is the party to whom the promise is being made. Further a promissory note can be either negotiable or non negotiable (Epstein, 2007). When the note is negotiable it means that the note can be transferred from one payee who was the original payee to another person who can be referred to as the holder. In case of guaranty the person who signs the guaranty promising to pay the debt to another person is the guarantor. A guaranty can be either payment guaranty or collection guaranty. The most important difference between a promissory note and a guaranty is that in promissory note one person on his own promises to pay money to another person and in case of guaranty the maker has the obligated by the law to pay the debt. Remedies for Mortgage Default Other than foreclosure there are some other remedies available to the real estate lender in case of default under the mortgage. These other remedies include taking possession of the mortgage property or getting a receiver to take possession of the property. In most of the cases, the mortgages give the mortgage holder in case of any default the right to take possession of the real property (Epstein, 2007). This right of possession becomes even more essential when the real property in question is income producing. For instance in cases of apartment projects the holder of the mortgage has the opportunity to collect the rents from the tenant. The other method available to the mortgage holder is that a receiver is appointed by the court in order to take possession of the real property when the mortgage has defaulted. Under such circumstances, the receiver is required to take care of the real property and also collect the rents and all other incomes from the property and take care that the money received from these are utilized for the payment of the debt or for up keeping the property. However it must be noted that the appointment of the receiver is made by the court and it is essential that the holder proves that the mortgage is in default and a right to appoint receiver has been given under the mortgage agreement. The work of the receiver is the same as the mortgagee in possession of the mortgage. Facts of the case The given case states that the owner of the property is T. Sawyer who has obtained a title insurance policy of the owner. Due to the presence of this policy the owner is free from any kinds of encumbrances, or liens that are attached to the property previously. Later the given case states that H. Finn who owned the property before T. Sawyer had attached a mortgage to the said property. Since T. Sawyer had purchased the property and had a title insurance policy with the property he is free from any liabilities that are attached to the property due to the mortgage. However, when B. Thatcher purchased the property from T. Sawyer he did not obtain a title insurance policy over the property. For the given reasons, B. Thatcher would be liable for the mortgage. Further, any claims against the title insurance purchased by the previous owner T. Sawyer cannot stand due to the reason that T. Sawyer has a title insurance policy that will protect him from any previous encumbrances. As a result, B. Thatcher would be liable for the mortgage on the property. Rules According to the property law, rules with regard to the title insurance policy it has been stated that the title insurance policies generally tend to protect the insured against any title defects that has not been excluded from the coverage and those that are created or has been attached before the effective date of the policy (Epstein, 2007). Discussion An owner can receive an issuance of the title insurance policy only after the owner has full ownership of the property. With the help of a title insurance commitment, the purchaser or the lender is assured that the when he complies with the terms of the commitment, closes the transaction, pays the necessary required premium, the insured will obtain the title insurance policy. Nonetheless, if the given case had been slightly different and if B. Thatcher had inherited the property from T. Sawyer after the death of T. Sawyer instead of purchasing the property from T. Sawyer, the circumstances would have been different. Under the given conditions, B. Thatcher would not have been subject to the claims of the mortgage. Conclusion It must be noted that T. Sawyer had a title insurance policy on the said property the insurance policy after the death of T. Sawyer would pass on to the inheritor who in this case would be B. Thatcher. Hence B. Thatcher would also be protected by the title insurance policy and would be exempted from the mortgage claims for the property. Facts of the Case The given case states that when Mary had purchased the apartment complex from Sam, the mortgage securing the debt of $100,000 was not recorded. However, the mortgage was mentioned in the deed. Later when Mary sold the apartment complex to John, the unrecorded mortgage was not conveyed to him. According to the property law rules, it is essential that any instrument must be recorded. Rule and Discussion Constructive notices are the ones which are also given for unrecorded instruments which have been previously referred in any recorded instrument. The case states that John while purchasing the property must be exercising reasonable prudence and diligence for ascertaining about the unrecorded mortgage because he might be responsible for paying the debt that has been secured by the mortgage (Spiers, 2008). The only way to protect the instrument was to keep proper records of the instruments. This will put the future purchasers in constructive notice of the encumbrances. However, since in the case the record was not kept of the mortgage and hence no constructive notice was given to John regarding the mortgage. Under such circumstances, Sam cannot enforce the mortgage against the apartment complex. This is mainly due to the fact that the mortgage while the recording of the deed was not recorded alongside. Also due to the lack of a constructive notice later purchaser John is not subject to the mortgage. Facts of the Case The given case shows that the endorsement between Acme and Wherever has been without resource Acme can be liable only for warranty liabilities and not for contractual liabilities. The endorsement between Wherever Life Insurance Company and Harrison Holder was without recourse and warranty. Hence, Wherever Life Insurance Company would not be liable for any contractual liabilities or any warranty liabilities. Rule With regard to promissory notes, these notes can be transferred often by the payees. The process of transfer and selling of notes is known as endorsement. All endorsers have warrantee liabilities to the new owners of the note. The following things are warranted for any endorsers who sell the note by endorsement. Firstly, the endorser should have a good title; secondly, the signatures in the endorsement should be genuine and authorized, thirdly, the note should not be altered, fourthly, there are no defenses for the payment of the note and finally there is no knowledge of any bankruptcy proceedings against the endorser (Hetland, 1965). Discussion After maturity when Harrison Holder presents the note to Margo Maker, it is mostly likely that Margo maker would refuse to pay the amount. Once the Margo Maker refuses or fails to pay the amount to Harrison Holder, a notice of dishonor would be sent to the endorser within three days of the date of dishonor. After these steps are performed the endorser would be liable to pay the note. However, in the given case, since the endorsement from Acme was a without recourse endorsement, Acme will not be liable contractually but it will have warranty liability. Hence due to the materials being altered in the note Harrison Holder will have the right to recover damages from Acme. An endorsement can be without recourse endorsement and without recourse and warranty endorsement. In the case of any without recourse endorsement there is no contractual liability but there exists warranty liability on the endorser (Spiers, 2008). Any endorser who makes a without recourse endorsement gives warranty that he is not aware of any defenses to the payment of the note. With regard to endorsements with without recourse and warranty the endorser is not responsible for any contractual or warranty liabilities. Regarding the Wherever Life Insurance Company, the endorsement was a without recourse and warranty endorsement. Hence the company cannot be held liable for any contractual or warrantee liability. Under the given circumstances, Harrison Holder will not have the right to recover from Wherever Life Insurance Company. Right to Foreclosure The right to foreclosure can be claimed when the holder of the mortgage does not receive the payment of the debt. Hence when the landowner is in default of the mortgage the mortgage holder can claim for foreclosure. Facts In the given case, the loan that was to be paid to First Bank and Trust goes in default. Hence according to the property laws the Bank has the right to sue for foreclosure of the home. Other than for default a foreclosure can take place even for selling the property without the permission of the mortgager. Discussion Under the given circumstances it needs to be noted that when Thomas sells the home to Kendall the mortgage held by the First Bank and Trust is assumed by him. Secondly, when Kendall subsequently sells the home to Murphy the purchase is made subject to the loan held by the First Bank and Trust. Hence every time the selling and purchase was made the loan to First Bank and Trust was not hidden. Under such circumstances, the First Bank and Trust can sue Mark Murphy for the debt. Since, John Kendall and Ruth Thomas while selling the property had mentioned about the mortgage loan that was to be paid to First Bank and Trust, they cannot be held liable and First Bank and Trust cannot recover the amount from Kendall or Thomas. However, in the event that Ruth Thomas pays the debt in full to the First Bank and Trust, there are some claims from Murphy and Kendall. Also it is required to be mentioned that Thomas will not have any remedy against the real property since according to the laws of property, after a foreclosure sale the debtor has no right over the property. With regard to the claims against Mark Murphy since while purchasing the property the mortgage debt was along with the purchase, Thomas has the right to recover from Murphy. Conclusion Similarly with regard to John Kendall, since during the purchase of the property, the mortgage loan held by First Bank and Loan was assumed by John, Thomas has the right to recover from John Kendall as well. Movie Critique Name of the movie: Pacific Heights Duties of the landlord and the tenant and the breach regarding the duties According to the property laws in the country the landlord has certain duties regarding the contract of tenancy and towards the tenant residing on the property. The foremost duty is to deliver possession of the property at the commencement of the lease. The second important duty is that since most of the leases in America come with the covenant quiet and peaceful possession. Further the covenant provides that the landlord has no right to interfere with the possessory rights of the tenant. Hence accordingly, the rule of imminent peril states that if the landlord has brought about the danger through his own negligence then the law does not spare him. In the given movie scenario, it can be observed that the landlords Drake and Patty had the duty to allow the tenant Hayes to reside in the premises after getting permission from the tenant. According to the property laws in America the tenant also has a number of duties with regard to the agreement between the landlord and the tenant. The foremost duty of the tenant is to preserve the premises in a very good condition. Most of the leases in the country have limited covenants. Hence the tenant has the duty to not commit nuisance and destroy the landlords property. The tenant further has the duty to keep the rented property vacant and make proper use of the property. Breach of duties In the given movie it is observed that both the landlord and the tenant had breached their duties. Firstly, the landlords Drake and Patty had cut off the cut off the electricity and heat connections to the apartment of the tenant. Hence this was a breach of the duties of the landlord. Landlord is to provide the basic necessities that are required by the apartment to the tenant. On the other hand, the tenant too breaches a number of duties. The tenant has the duty to operate in the premises of the rented property. The tenant is not allowed to keep a rented property vacant with making proper use of the property. The third and the most important duty of the tenant are to pay the rent on a regular basis. This duty of the tenant has recently gone through a number of changes and according to the new rules the tenant is to pay the rent only when the landlord has fulfilled his duties with regard to the covenants of repairs and warranties. Firstly, the tenant with the pseudo name Carter Hayes was supposed to pay the rent to the tenant with the help of wire transfer. However the money for the rent was never transferred to the account of the landlords even a couple of months after it was supposed to be transferred. Further, the duties of the tenant also includes in not destroying the properties of the landlord. This duty was breached by the tenant Carter Hayes. This is because Hayes involves in loud hammering and drilling inside the premises of the property and he also changes the locks of the doors. All these acts are against the landlord and tenancy laws of the country and hence he is entitled to be held for breach of duty as a tenant. Later he again breaches his duties as a tenant by deliberately infesting the house with cockroaches and creating nuisance in the house. This act forces the landlord to move out of the house. Further the tenant takes control of the house illegally. All these acts of the tenant is against the property laws of the country and under the rules of property laws the tenant Carter Hayes can be held liable for the breach of the duties of the landlord. Hence all these depicts that the tenant has breached the duties as a legal tenant. The given contract is a contract between Danial B. Farris and Acme Inc. we know that a paralegal is a person who is responsible for real estate transactions and will be required to review properly the document and prepare checklist for the documents that would be essential for the purchaser and seller for closing the deal. References Aalberts, R. and Siedel, G. (2009).Real estate law. Mason, OH: South-Western Cengage Learning, US. Epstein, R. (2007).Economics of property law. Northampton, MA: Edward Elgar. Esquenet, M. and Weinberg, M. (2009). Where there is a Reliance Party, removing works from the public domain found unconstitutional in the USA.Journal of Intellectual Property Law Practice, 4(10), pp.698-699. Hames, B. J. and Ekern, Y. (2013) Constitutional law, Second edition, UK: Cengage Learning Hetland, J. (1965). Real Property and Real Property Security: The Well-Being of the Law.California Law Review, 53(1), p.151. Hinkel, D. (2000).Practical real estate law. Albany, NY: West Legal Studies/Thomson Learning. Kelo v. City of New London[2005]U.S. 545, p.469. Mason, T. A. and Stephenson, G. D. (2012) American Constitutional Law, 16th edition, Boston : Longman Rosati, E. (2013). The German 'Google Tax' law: groovy or greedy?. Journal of Intellectual Property Law Practice, 8(7), pp.497-497. Schutzer, G. (2010). Recent Tax Law Changes Create New Opportunities for Leasing Wind Energy Property. The Electricity Journal, 23(1), pp.47-56. Spiers, D. (2008).Property Law Essentials. Edinburgh: Edinburgh University Press. Ventose, E. (2011). Patent protection for 'dosage regimes' in the USA after Bilski v Kappos. Journal of Intellectual Property Law Practice, 6(7), pp.423-425. Warda, M. (2005).The complete book of real estate contracts. Naperville, Ill.: Sphinx Pub. www.findlaw.com (2014) Kelo v City of new London. Available at www.findlaw.com [accessed on 27.12.2014]

Saturday, April 18, 2020

Sample Essays From Companies That Offer Parenting Essays

Sample Essays From Companies That Offer Parenting EssaysSample essays from companies include sample essays on parenting essays. You need to write a great essay with all the right information and well-written sentences.A college level essay on parenting is suitable for the college student that needs to take a class on this topic. Sample essays from companies that are taking this course can help a student understand how to write an effective essay. Many students will find that this type of education is very useful, as it teaches them about several different areas of their life.Each year, millions of dollars are spent on helping someone in the world that has children or animals. This topic of teaching parenting to students helps them learn new techniques that they can use themselves. Sample essays from companies can help teach their employees new techniques that they can use in their own life. This can be a valuable piece of education to them.There are many ways to use this type of essa y, but it's an excellent tool for teaching. The information can be used for creating business plans, and networking. It can also be used as a way to connect with others that may not necessarily have the same interest in teaching.Most people in the world have children, and parents are always looking for someone to take care of them. These types of essays can help them find someone that they can trust and that will provide for their children when they need to be taken care of. These essays can also help with finding a good teacher that will be able to meet the child's needs.There are many ways to go about teaching this type of material, but you want to make sure that the essay you write is something that people will want to read. You don't want to make it too long, because people don't like to read too much at one time. However, if you take the time to write it well, you can use this piece of writing as a way to gain potential clients and to have a person interested in working with yo u.There are various types of essays that are available on this topic. The easiest types of essays that can be written are the one-sentence types of essays. These are the types of essays that can be written on a daily basis without any problems.The great essay that is written with a lot of research and attention to detail, will help anyone, no matter what their skill level is. This material will help individuals as they try to build their skills in the world of teaching and mentoring others. You can find excellent essays on the Internet that are offered by companies throughout the world.

Wednesday, April 15, 2020

Formation of Malaysia free essay sample

Malaysia is a country that practices parliamentary democracy. This means that the public will have the right to vote their leaders through elections. In the core formation of the Malaysian government, the country is led by Yang Di-pertuan Agong and then followed by the sultans of other states. The election of Yang Di-Pertuan Agong The Yang Di-Pertuan Agong is appointed once in every five years from a pool of nine Sultans who head the nine states in Malaysia. The appointment is systematic and each of the nine Sultans has the opportunity to ascend the throne of the Yang Di-Pertuan Agong based on his turn in the cycle. In the event of any of the circumstances below, a sultan will not automatically be elected as the Yang Dipertuan Agong even thought it may be his turn in the cycle: (i) If he is a minor (ii) If he has expressed his desire not to ascend the throne (iii) If he is ailing in mind and body and has been found to be unfit in any way to lead the country as the Yang Di-Pertuan Agong When the office is not occupied, the Conference of Rulers meets to elect a Sultan to fill the vacancy. We will write a custom essay sample on Formation of Malaysia or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The first ruler who obtains not less than 5 votes from the members in the Conference is then elected and shall hold office for a term of five years. The Role and Privileges of the Yang Di-Pertuan Agong As mentioned earlier, the Yang Di-Pertuan Agong is the supreme head of state in Malaysia and he acts on the advice of the Parliament and the Prime Minister, who heads the Cabinet. However; the appointment of the prime minister; the requisition of a meeting for the conference of rulers concerning the privileges and status of sultan and also the dissolution of Parliament (even against the advice of the prime minister) are all on his own discretion. In matters pertaining to Parliament, the Yang Di-Pertuan Agong is given the right to appoint senators on the advice of the Prime Minister. All acts that have been passed by the two main houses of Parliament have to be scrutinized by him before being made into laws. As the head of the Judicial Authority, the Yang Di-Pertuan Agong has the legal right to appoint the Chief Justice, Federal and High Court judges based on the guidelines stipulated in the Federal Constitution and acting on the advice of the Prime Minister. He is also given the privilege of pardoning wrongdoers and civil offences committed in the Federal Territories of Malaysia, and override sentences passed out by the Military Court. He is the highest commander of armed forces in the country. In states that do not have a Sultan as their head, the Yang Di-Pertuan Agong is the head of religion and thus, has the power to pardon offences and override sentences passed out by the Syariah Courts in these states. The Yang Di-Pertuan Agong also has the highest honor and is given the privilege of conferring awards, orders of chivalry and other honors. The Conference of Rulers The Conferences of Rulers was established in 1948 by the Constitution of the Federation of Malaya. It consists of nine sultans and four governors or the Yang Di-Pertua Negeri. Its main function is to appoint the Yang Di-Pertuan Agong and his Deputy. However, this task is left exclusively to the nine sultans. The Conference of Rulers has to be consulted on matters pertaining to the alteration of state boundaries, extension of the Federation, religious matters pertaining to Islam and any Bill in the Constitution which has to be amended. Matters that affect public policy or the special privileges accorded to the sultans require consultation with the Conference of Rulers. All meetings of the Conference of Rulers have to be attended by the Prime Minister, Menteri Besar of all states and Chief Ministers or Ketua Menteri with the exception of the meeting to appoint the Yang-Di-Pertuan Agong and his Deputy. Executive Authority Executive Authority refers to the power to govern the country. The Yang Di-Pertuan Agong is the head of the Executive Authority. However, he acts on the advice of the Prime Minister who heads the Cabinet. Hence, the Prime Minister is the Chief Executive and the head of the Government. The Prime Minister, Cabinet and the government administrative machinery are given the task of carrying out executive functions. The Functions of the Cabinet The Yang Di-Pertuan Agong appoints a council of Ministers to form the Cabinet to advice him on the execution of his functions as the head of the Executive Authority. They are appointed based on the advice of the Prime Minister. The Cabinet comprises the Prime Minister and a number of Ministers, all of whom must be members of either the Senate or House of Representatives. Chaired by the Prime Minister, the Cabinet, being the highest policy-making body in the country, meets regularly to formulate the policy of the government. Each Minister holds a different portfolio and is responsible collectively to Parliament for every decision made by the Cabinet. The Prime Minister and Ministers of the Cabinet The Prime Minister is the head of the Government in Malaysia and is appointed by the Yang Di-Pertuan Agong from the political party that has the majority seats in the House of Representatives. The Prime Minister has to fulfill certain criteria to fill in the position and these includes being born in Malaysia and is a citizen of the country. As the head of the cabinet, the Prime Minster is primus interpares, or in English terms, the first among equals. As the executive head of the Government, the Prime Minister answers to the Yang Di-Pertuan Agong on all matters pertaining to the Government. The main tasks of the Prime Minister are to preside over the Cabinet, coordinate policies and efforts of each portfolio in the government to aid in the smooth administration of the country. In addition, he has other constitutional and statutory obligations, including advising the Yang Di-Pertuan Agong on the appointment of judges, ministers in the Cabinet, the service Elections Commission and various senior positions in the Civil Service. Unlike the position of the Prime Minister, the Deputy Prime Minister’s position has not been established by the Federal Constitution. He is, however, the most important person after the Prime Minister who will carry out the administration process of the country whenever the Prime Minister is not present or unable to carry out his duties. GENERAL ELECTION An important aspect of the democratic system is elections. Elections in the practice of democracy constitute a social contract between the people and the candidate or party (that succeeds to form a government). When the majority of the people choose a party from among the contesting parties in an election (and the party then forms the government) it means the voters have certain expectations that the candidate will carry out. The party that wins the election and forms the government should fulfil the party’s promises and manifesto proclaimed in the election campaign. At the state level, elected representatives of the people sit in the State Legislative Assembly of each state. At the federal or national level, elected Members of Parliament sit in the Dewan Rakyat or House of Representatives. There are two types of general election. First, the general election for the whole country, held once in every five years. The next is the by-elections, also considered a general election because the concept of the election itself constitutes the choosing of a representative by the public citizens for the Parliament and the State Legislative Assembly. There are clear differences between the two types of election. The first type is only held after Parliament or the State Legislative Assembly is dissolved. The by-elections do not involve the dissolution of any of the assembly nor do they follow a fixed schedule. The general election is usually held every 5 years. Prior to carrying out the election, the Yang di-Pertuan Agung must dissolve the Parliament on the advice or at the request of the Prime Minister. This occurs at the federal level. At the State level, a general election is held after the State Legislative Assembly is dissolved by the Ruler or Yang Dipertua Negeri at the request of the Menteri Besar or Chief Minister. As soon as Parliament is dissolved, the elections must be held within 60 days in West Malaysia and within 90 days in Sabah and Sarawak. The time specified is reasonable for the Election Commission, to prepare the election arrangements and the contesting parties to get ready, hold campaigns and construct definite strategies following the regulations or laws that have been fixed from time to time. For a general election, after the Yang di-Pertuan Agung dissolves Parliament at the request of the Prime Minister, the Election Commission will issue an order to the Managing Officer to organize the balloting process (election). The responsibility of the Managing Officer is to issue a statement, through the Government Gazette or newspaper, on the date of nomination of candidate for the said election, the place and the time of election for every electoral constituency. The Election Commission also determines the date and place of balloting. Any candidate who wishes to contest must obtain a nominator, a secondary and at least four other people, whose names are recorded in the nomination paper. They must also be registered voters in the voters’ register of the constituency where the candidate is contesting. The balloting day can be held after 3 weeks from the date of nomination but cannot exceed 8 weeks. On the balloting day, all voters who qualify to vote can carry out their responsibility by casting their votes in balloting places provided. Before the balloting day arrives, the contesting parties are allowed to carry out election campaigns through political talks. The freedom of speech and assembly during the campaigns also show that the basic freedom as embodied in Article 10 of the Federal Constitution are protected in the country which ractices a democratic system of government. However, to ensure public security all political talks whether by the party that had held the reins of the government or the opposition, it is necessary to get police approval or permit. For a general election, every voter is given two sheets of ballot papers of different colours; one for the State Legislative Assembly constituency and the other for the Parliamentary constituency. On each ballot paper are s ymbols representing the contesting candidates and the space for the voter to make his choice. The responsibility of voting is completed with the voter marking ‘X’ in the space provided against the symbol representing the candidate of the voter’s choice. The ballot papers are put into separate ballot boxes for the Parliamentary constituency and the State Legislative Constituency. Election Commission Article 113 of the Federal Constitution provides that the body that is responsible for managing and administering the elections is the Election Commission. The responsibility of the Commission can be divided into three main areas: 1. Draw up the borders of the electoral constituencies . Prepare and check the voters’ lists for the elections; and 3. Manage the election process for the Parliamentary and State Legislative Assembly constituencies It is to be understood that the first responsibility is important because it is related to the increase in population and the development of settlements or the growth of small towns in a constituency. The members of t he Election Commission are appointed by the Yang di-Pertuan Agong after consultation with the Council of Rulers. The membership of the Commission is provided under Article 114 of the Federal Constitution. Its membership consists of a chairperson, a deputy and 3 other members. Members of the Commission shall hold office until they reach the age of 65 but they may resign any time by writing to the Yang di-Pertuan Agong. The Yang di-Pertuan Agong is empowered to remove any member who: †¢is an undischarged bankrupt, or †¢engages in any paid office or employment outside the duties of his office or †¢is a member of either House of Parliament or of the Legislative Assembly of a state. The Federal Constitution also provides for the appointment of one member to represent Sabah and Sarawak. This member is to be appointed in rotation from the two states. Members of the Commission may also be removed from offices for the following reasons: †¢behaviour unbecoming of this office †¢unable to discharge his duties due to: -state of his health, or -mental condition State Legislative Assembly and Parliamentary Members In a public general election the voters will choose two candidates who are deemed qualified to represent them in the Houses, that is, the State Legislative Council and the House of Representatives. The candidate, who contests in a State Legislative Council district, is known as the candidate for the State Legislative Assembly seat while for the House of Representatives, as the candidate for Parliamentary or House of Representatives seat. Those who win the elections will be designated State Legislative Assembly members or People’s Representatives depending on the level of the electoral district won. A member of the State Legislative Assemblies cannot at the same time represent more than one electoral constituency. A people’s representative too, cannot be a member for both the Parliamentary Assemblies (House of Representatives and the Senate) or represent more than one electoral district. The total membership of the State Legislative Assembly varies from state to state and this has to do with the issue of alignment of divisions or electoral constituencies determined and identified by the Election Commission authorities. The same goes for the membership of the House of Representatives. Breakdown by State of House Representative’ Membership StateMembership Perlis3 Kedah15 Kelantan 14 Terengganu8 P. Pinang13 Perak24 Pahang14 Selangor22 F. T. Kuala Lumpur11 F. T. Putrajaya1 Negeri Sembilan8 Melaka6 Johor26 F. T. Labuan1 Sabah25 Sarawak28 Total 219 The Senate Article 45 of the Federal Constitution provides that the members of the Senate also known as senators are selected and appointed. †¢2 members for each State shall be elected in accordance with the Seventh Schedule of the Federal Constitution (26 members) †¢2 members for the Federal Territory of Kuala Lumpur and 1 member for the Federal Territory of Labuan and 1 member for the Federal Territory of Putrajaya shall be appointed by the Yang di – Pertuan Agong; and †¢40 members shall be appointed by the Yang di – Pertuan Agong Senators, who are appointed, consist of those who have rendered excellent service in the commerce, business, industry, agriculture, art or social welfare. Senators can also be appointed from those who represent minority groups or people who can represent the interests of the native tribes. The appointment of a Senator from this group is considered important in the legislative context. The vast experiences in their respective fields can help the legislative body to refine related aspects and this definitely helps the executive body in the country’s administrative matters, based on the rules in the form of acts passed by the House of Representatives. This wide experience is reinforced with the condition that a person can be appointed as a Senator from the age of 30 and above. The duration in office of a Senator is different from that of a representative of the people. The length of time in office of a member of the House of Representatives is limited by dissolution of Parliament but not a Senator. A Senator can hold his post for 3 years, even during the period Parliament is dissolved. However the post cannot be held for more than two terms that is, not exceeding 6 years whether continuously or intermittently. Malaysian election exists at two levels which are national level and state level. National level elections are those for membership in the Dewan Rakyat, the lower house of Parliament, while state level elections are for membership in the various State Legislative Assemblies. The head of the executive branch, the Prime Minister, is indirectly elected. National level At the national level, voters elect the 222-member House of Representatives Dewan Rakyat, literally Hall of the People) of the bicameral Parliament. Members are elected from single-member constituencies drawn based on population using the first past the post system. The party that has the majority of the House of Representatives will form the federal government. The Constitution of Malaysia requires that a general election must be held at least once every five years. However, the Prime Minister can ask the Yang di-Pertuan Agong to dissolve the Parliament at any time before this five year period has expired. A general election should be held no later than three months after the dissolution of the Parliament. Over the years, the predominant winner of the parliamentary election has always been the Barisan Nasional (National Front; once known as the Alliance), a coalition of fourteen parties. State level At the state level, voters elect representatives to the Dewan Undangan Negeri (State Legislative Assembly). The number of representatives varies between the different states, with as many as 62 electorates in Sarawak and as little as 15 in Perlis. Members are elected from single-member constituencies drawn based on population using the first-past-the-post system. State assembly constituencies are usually smaller (in area and population) than the parliamentary constituencies. The party that forms the majority of the state assembly will form the state government. Usually, state elections are held simultaneously with the parliamentary election but each state can decide when to hold its election. This is because state assemblies are dissolved by their respective Ruler or governor on the advice f the chief minister of the state. For example, in the 1999 general election, the state elections of the 11 states on Peninsular Malaysia were held simultaneously with the parliamentary election while the state elections of Sabah and Sarawak were held at different dates. In the 2004 general election, the state election of Sabah were held simultaneously with the parliamentary election as well, but Sarawak held its state election in 2006. The Barisan Nasional usually controls the state assemblies in every election, with the notable exception of the state of Kelantan. Kelantan has been a stronghold of the Islamic Party of Malaysia (PAS) since 1959. However, Barisan Nasional lost an additional four states (Penang, Kedah, Perak and Selangor) to the loose coalition of opposition parties comprising of PAS, Democratic Action Party (DAP) and Peoples Justice Party (PKR) in the 2008 elections, which has been termed by the Opposition as the political tsunami of Malaysia. Local government elections Although there used to be elections for members of local governments such as municipal councils, today, no local government elections are held in Malaysia. Local government elections were suspended after the Indonesia-Malaysia confrontation in 1964. The suspension was never lifted and instead made permanent under the Local Government Act 1976. Under the Act, or the laws of individual states where relevant, local government members are appointed by the state government. [2] After Minister and Peoples Progressive Party President M. Kayveas raised concerns about local governments in late 2005, some suggested reviving local government elections. However, in an opinion column, the New Straits Times (owned by the United Malays National Organisation or UMNO, leading party of the Barisan Nasional) quoted a professor from Universiti Kebangsaan Malaysia as saying that such elections would not be brought back because policymakers know from experience worldwide that the Opposition tends to dominate such councils as part of the electorates desire for checks-and-balances. The professor also stated that due to required constitutional changes, it would be difficult for such amendments to pass muster in Parliament. The column also quoted a government ministry as saying that holding elections are expensive affairs. As of 2008, the Pakatan Rakyat states governments would like to implement the local government election in their states. However, these were not carried out due to the Federal Constitution which prohibit the implementation. By-elections In addition to general elections, a by-election is held in the respective constituency when a member of Parliament or state assembly dies, resigns or is disqualified from holding a seat. The exception is if the vacancy occurs when the tenure for the current Parliament or state assembly is less than two years, where the seat is simply left vacant until the next general election. Election process Elections are supervised by a seven-member politically neutral Election Commission. Its members are appointed by the Yang di-Pertuan Agong following the advice of the Prime Minister. Nomination process Nomination centres are set up in various locations by the Election Commission to allow candidates to register themselves. Typically any Malaysian citizen may register as a candidate as long as he is not disqualified from doing so. He or she does so by filing the appropriate forms and placing a monetary deposit. The deposit was RM5000 to contest a parliamentary seat, or RM3000 to contest a state assembly seat. This amount was changed to RM 10,000 and RM 5,000 respectively in 2004. Additionally in 2004 it was required that each candidate provide a RM 5,000 deposit for cleaning up banners and posters after the election. This increase is seen by some as having led to the government winning a record number of seats without contest in 2004 (17 parliamentary seats were won without contest). The deposit is used to pay for infringements of election laws and is returned after polling day unless the candidate loses and fails to garner more than 1/8th of the vote. As of the 2004 elections, candidates may have a lawyer present at these proceedings. Some candidates have been disqualified from previous elections as they lacked the competence to fill in the forms correctly. In 2004 candidates were given 1 hour to fill out and return their nomination forms as opposed to 2 hours previously. This led to disqualification of certain candidates who were unaware of the change. Campaigning The campaign period permitted by law runs from the date of nomination day until polling day. Campaigning amongst opposition parties is often hampered by a lack of access to government-controlled media. Prior to the 1999 general election, opposition parties were given a brief period of airtime on the public Radio Television Malaysia (RTM) radio stations to broadcast their manifestoes. However, the government announced a change of policy in 1999, insisting that as RTM was government-owned, preference would be given to government parties. Election day On election day, registered voters may cast their ballot for their chosen candidate in a designated voting centre. These voting centres are typically schools or community centres which have been procured for that day. All activities in the school are suspended for that day. Holidays are also declared in states where Election Day does not fall on a weekend to allow maximum turnout. Certain political parties will provide transport for voters to and from the voting centre. While campaigning is not allowed on election day, transportation is seen as something of a social service, especially since many people did not have a personal means of conveyance until the last decade or two, as of 2004. No campaigning or advocacy for candidates is allowed within a voting centre. However, just outside the gate of most voting centers, there will be people plugging the various candidates. Agents Each candidate is allowed one agent per voting centre. Their job starts early and begins by inspecting that the metal ballot boxes have not been tampered. They also ensure that the boxes are securely locked before voting begins. After locking, the boxes are sealed by the election commission and each agent may place their own seal on the box. The agents also ensure that the ballot papers given out to voters do not contain markings. In the past certain parties have marked the ballot papers for their own candidates. This will result in a spoilt vote which is discarded during counting. Some ballot papers have been coated with waxy surfaces to prevent voting for certain candidates. The agents ensure that these events do not occur. The last task of the agent is to ensure that, on the close of voting, the ballot boxes are still secure and the seals are intact. This may be done at a designated counting centre instead of the voting centre. The boxes are opened once the agents are certain that there is no tampering. Voting process Only registered voters may vote in elections. Any Malaysian citizens above 21 years old must register in the voters registry with the Election Commission via any offices affiliated with the Election Commission, post offices with computerised facilities or specified counters, before he or she could vote in elections. After identity verification at a voting centre, each voter receives two paper ballots, one for the parliamentary seat of the constituency and another for the state assembly seat. In federal territories, where there is no state assembly, and states whose state election is held on a different date, each voter receives only one ballot for the parliamentary seat. Each voter walks into individual booth to mark the ballots in secret. The voter marks on each ballot the candidate of his or her choice with a cross beside the candidates name and party symbol. After finish marking, the voter folds the ballots and drops them into separate ballot boxes for parliamentary and state assembly seats. Counting and announcement of election results After the close of voting the election agents check the ballot boxes prior to opening and counting. They also monitor the counting to ensure that the total ballots are the same as the number of votes cast. This extends to checking the number of double votes. Every ballot paper has a serial number on it and they are given out sequentially. Agents may check that the serial numbers match up. The counting of the ballots is done by hand. After a count at the voting centre the boxes are transported to the counting centre for a second count. If all candidates agree to the count then it stands or else an immediate re-count is done at the counting centre. Election results are announced through live broadcasts by radio and television stations. Some newspapers print special editions to cover the election results. In most constituencies, the results will be out on the night of the election day. In some rural constituencies and constituencies that need recounts, the results may not be announced until the next day. Election offences There are a few offences under election law. Most of these pertain to acts which induce a voter to cast his ballot for a candidate. It is also an offence to use these actions to induce voters not to cast ballots at all. These offences extend to using third parties as agents to commit them. †¢It is an offence to provide food, drinks or refreshments with a view to induce voters to either vote for a particular candidate or not vote at all. It is illegal to provide monetary rewards for voting for a certain candidate. †¢It is an offence to threaten a person to vote for a candidate or not to vote. In 2004 this was extended to include spiritual threats. This was due to the Islamic Party of Malaysia(PAS) threatening citizens in less developed parts of the country with eternal damnation if they did not vote for the PAS and that a vote for them wo uld be rewarded by God. †¢It is an offence to obstruct passage to and from a voting centre. Setting up a location for any candidate within 50 yards (50 m) of the voting centre is an offence. Similarly, loitering in this zone is also an offence. Only voters are allowed in this zone on voting day. †¢It is technically an offence to provide transportation to a voting centre. However, this is not normally enforced as all parties do this to some degree. It is a further offence to use a vehicle that is normally rented out (such as a taxi or hired bus) to provide such transportation. The only exception to this is that it is allowed to provide for the crossing of rivers. No passengers of any vehicle can be forced to alight within 50 yards (46 m) of a candidates booth on voting day. Each candidate is not allowed to spend more than RM 200,000 (parliamentary) or RM 100,000 (state) for campaigning under Section 19 of the Elections Offences Act, 1954. It has been alleged, however, that the governing Barisan Nasional coalition spent around RM1. 5 billion in the 2004 general election, far more than the RM94,300,000 permitted under the regulations. Controversy Phantom voters   dead voters who participate in elections — were a feature of the 1999 and 2004 general elections criticized by the opposition. In 2006, the Election Commission announced that in an effort to reduce instances of phantom voting, 180,000 dead voters would be purged from the electoral roll. The Election Commissions independence has been criticized; its chairman has stated that although de jure the Commission is independent, the law is inadequate to put us on par with most developed countries, and some developing ones] Allegations of vote-buying are also common; one media outlet has editorialized that Buying political support, especially by paying voters money, is common in Malaysia, and bribing lawmakers to defect, while not widespread, is known to occur. Postal votes — military personnel are allowed postal voting whereby they do not need to be at any secure polling station in person. Arguments arise as to whether they were forced to vote and to how their identities cannot be kept a secret using the postal voting process. Of great concern is also how the postal votes may be distributed to constituents that need them the most. The impartial rules and process of this system, if any, are not comprehensive and cannot be guaranteed. Conclusion Malaysia comprises a constitutional monarchy while practicing parliamentary democracy. Constitutional monarchy means that the monarchy system adheres to the constitution. In Malaysia, the monarchy comprises the Yang Di-Pertuan Agong and the Conference of Rulers. As we practice parliamentary democracy, we see the Parliament as a very important body in this country. The parliament has the power to formulate laws and control the finances of the Government. Every Malaysian citizen above 21 years, has the right and the opportunity to choose their leaders once in every five years during the General Election. The party that has the majority of support from the citizens will form the government. In the parliament, the House of Representatives has greater power than the Senate, since all the members in the House of Representatives are elected by the citizens of Malaysia. This higher authority can be seen even in the process of formulating laws. As a country that retains its monarchy, we have the Yang Di-Pertuan Agong as the Supreme head of Malaysia, and as a country, which practices democracy, the citizens have the power to decide on the government that will lead the country. Hence, although the Yang Di-Pertuan Agong is the Supreme head of the country, he still needs to act on the advice of the Parliament and the Cabinet.