Friday, January 24, 2020

geology :: essays research papers

The energy released from earthquakes and forces that move crustal plates are derived from the internal heat engine. Liquid water can exist on earth because the orbit is at the proper distance from the sun. The ozone layer is important to life on earth because it shields living things from uv rays. Constant change and state of flux on earth is caused by slow moving convection currents in the mantle. The internal heat of earth is a result of heat from radioactive decay of certain elements. The main cause of over-use of minerals is expanding populations. Earth is able to hold life because it has sufficient mass to generate gravity to hold gases. The winds, ocean currents and hydrologic cycle from solar energy and the external heat engine. Greatest loss of life comes from landslides and mud flows. Theory of plate tectonics is a revolution because it shows the planet undergoing constant change. Crust, upper mantle, asthenosphere, mantle, outer core, inner core. Geology and human understanding -concept of the vastness of geologic time. Two heat engines of earth- one internal and one external. Scientific method of solving problems starts with data gathering and arrives with a theory. The most abundant gas in the original nebula was most likely the lightest known element. The first internal structure of the inner planets consisted of homogeneous mix of rocks, minerals, elements.  Ã‚  Ã‚  Ã‚  Ã‚   Concept of a large exploding star or nova near the solar nebula is based on evidence that our sun is not large enough to generate the heavy metals in the inner planets. The evidence of life on this planet occurs in some of the oldest rocks found on earth. The source of water on earth is from comet debris. Compaction by the weight overlying layers is least likely to have led to differentiation. Evidence from the Iron Catastrophe is based on the discovery of the layered structure of Earths interior.  Ã‚  Ã‚  Ã‚  Ã‚   Difference between earth and other earth like planets is distance from the sun and related temp differences.  Ã‚  Ã‚  Ã‚  Ã‚   Importance of Oparin-Miller experiments is that they produced organic compounds from inorganic materials. â€Å"Banded iron formations† because they evidence that oceans, marine algae, and oxygen production were present 3 billion years ago. Movement of hot material toward the cool surface is not responsible for modification of earths weather. Most of the mass of earth is mantle. The carbonaceous meteorite that fell in Australia in 1969 was momentous because contained amino acids and other organic compounds. The age of earth-4.6 billion, is determined by analyzing meteorites and moon rocks. The best evidence about the layered structure of earths interior is from reflected and refracted seismic waves.

Thursday, January 16, 2020

Reducing Intergroup Conflict

In life we have all been in the cliques or â€Å"in-groups† or in other groups that were not so popular than those that were in the groups that rule the school or the office. There are groups in the workplace as well I know that it sounds very childish, and we have all deemed it middle and high school behavior at its finest. There is a belief that those that indulge in this particular behavior either didn’t belong to one of these social groups and grew from an â€Å"ugly duckling into that beautiful swam do there best to re-live those â€Å"glory days† that they did not have a as teens.These groups teach youth prejudice and discrimination of others as well as intolerance these negative influences spread like wild fire. Most of all these intergroups teach youth and others on the outside to stereotype those that are in the group and around those in the groups without those that are doing the stereotyping to know that personal on a personal level. I have personally been stereotyped because people that I have hung around because of how they others in the group carried themselves outside of school.Even though they were my friends in school we didn’t hang out that much after school yet I was called names and talked about until those that were slinging the mud got to know on an individual level. I understand that people do these things so that they can fit into the group also for peer pressure as well so that they can look cool and hip to others in the group, and then there’s a deeper level of ehy that they are starting or in these types of groups. The simple reason is that they just want to fit in and be wanted by someone.Then there are your gangs some of those that join for the acceptance of others join because their families members joined just because it looks cool. There are some that join for protection they don’t believe in what the gang stands for the just want to be apart so that they won’t get picked on like others around them. These groups are growing bigger and bigger some of them are having greater negative impact on our youth today. What we have to find out are more ways to reduce the negative affects on our children and their schools.The South-Western college Nelson-Quick glossary defines an intergroup conflict is between two groups or organizations. (Nelson-Quick glossary,2000) Knowing what intergroup conflict is we can look at youth in detention center some of these kids are already in gangs when they come into the center. In the center they all have one thing in common is that they all have some type of hostility, discrimination, prejudice, stereotyping towards others in the center.These juveniles have these things in common so that branch out from a bigger group into smaller groups some of these youth are already gang members so if they are in the same gangs they group in together. Since they are in the same place as those rival gangs conflicts start to arise between the groups , and there are those that are not apart of any gangs just civilians casualties. Some of them join in the gangs in order to keep from being hurt or just the fear of the gangs in such close quarters.There are some things that bring about these conflicts in the groups which are prejudice, stereotyping, and discriminations. Prejudice is the unfair feeling or dislike for a person or group because of sex, religion, or race. Stereotyping is to believe that all people or things have a particular characteristic are the same. Discrimination is the practice of treating people of different group from other groups because of their differences.(Merriam-Webster 2013)When you have these behaviors all in the same place there at first is tention which if there is no one there to form solution of how to stop the tension from going in to from blown hostility people can be hurt. These negative emotions and behavior only feed the tension and violence that is around the center. Lets look at the key confl icts that bring on the violence stereotyping for starters when they other gangs see their counterparts and what they have been taught and told about the other groups.For an example, when certain gangs sees rivals they the make assumption about how that person or group live, interact, or speak. With discrimination can be seen as the top concept of why the conflicts arise around us the gang can see someone of the a different gang and treat them different from those of their gang. For example, If one of the member same gang is working in the lunch line and give a little more food to his â€Å"brother† than the guy from the other gang he actually gives him less and spits in his food as insult to injury.This can start and conflict or turn on that is already begun into something much more where others get hurt because of what happened in the lunch line. With prejudice when dealing with gangs they are taught that the gang is family that you have to have total trust and belief in the gang from the day you join until the death. Some of those that are in the gangs that are what we will call legacies they have been taught from childhood to not like those from a different â€Å"hood. † They are taught to not lie them because of where the stay, how they dress, look, and what colors they represent as a group.So in these close quarters there is a need to reduce those intergroup conflict so it can spill out from the detention centers into the neighborhoods. On way the Hewstones article talks about is direct approaches such as interventions are used with motivational processes Monteith (1993) can up with â€Å"prejudice and compunction† this take low-prejudice individuals and bring them to awareness using â€Å"is-ought. † This process brings out the discrepancies of the individuals personal values and how they act towards others of different characteristics.Using this process is to activate the self-guilt that the individual has which the mechanism takes hold and reduces the bias of others. Indirect approaches Leippe & Eisenstadt (1994) they use a different way they indirectly reduced bias by inducing the non prejudiced behavior in those that showed less bias in their attitudes which were in line with their behavior. Empathy also showed a very promising result with individuals with the cognitive and emotional aspects which showed desired results in generalized positive feelings towards person and groups.Decategorization can work because it takes two mutual and reciprocal cognitive processes differentiation there distinction made in member of the out group then its personalization which those in the out group are seen for their uniqueness which is related to self. This method takes one from the in group after they have been individuated and introduce them into a the out group which in doing this remove the favoritism bias away from the group. Recategorization which takes those that are not in the popular group and bring one th at is in the popular group in to the out group.This alters and tips the scale so that the bias that was there over time is chipped away as well as broken down walls that were once there. To help these youth we need programs that going to breakdown the bias that have been taught and learn for some of them from childhood for others a little bit older. It is best that we take away from the glamour of being gangs teach them to love themselves as well as others and embrace differences in others around them.  (Hewstones, Rubin,Wilis, 2002)We need programs such as teamwork program such as; grow with the Earth grow in your life we have them to start a garden where everyone work together, Wrap session which talk about things that are bothering everyone this is where everything is put out there on the table to cut some tension in the groups, Mentor program for younger kids that are heading down the same path to show them how they can help those that are coming up give them a chance for a be tter life. Mortality this is a way that can have those gang members to see what happens when the glamorous side of gang life fades.

Tuesday, January 7, 2020

Countrywide Financial Corporation And The Subprime...

Countrywide Financial Corporation and the Subprime Mortgage Debacle In order to discuss the financial crisis of 2008, a person must understand the history of the mortgage industry. This case study shed light on one of the leading companies in the mortgage industry, Countrywide Financial, helping people recognize the events that led up to the crisis of 2008 by providing a breakdown of the company and showing the range of their operations (Eastburn, 2010, p. 247-262). To help people understand the crisis of the mortgage company, strategies and plans will be discussed as well as a SWOT analysis on the industry that includes financial ratios, and recommendations for the organization. By the end of this paper, there should be a better understanding of the issues that led to the financial crisis as well as some ideas that may help them get back on track. Strategies Before 1929 loans were limited to a small percentage of people, and loan terms lasted from 3 to 10 years. Lenders provided roughly 60% of the money needed to buy a home, and the buyer had to come up with the rest for a down payment. With these loans, interest payments were paid monthly while the principal amount was due in full at the end of the loan term. These amounts could be rather large and led to people having problems paying them. Between the Great Depression and terms of the loans offered, lack of payment became the normal (Eastburn, 2010). Strategies were developed to aid in the financial crisis. TheShow MoreRelatedFinancial Analysis And Assessment Of Countrywide Financial Corporation870 Words   |  4 PagesThis paper intends to provide a financial analysis and assessment of Countrywide Financial Corporation. The financial evaluations are based on the numbers calculated from the data on Countrywide Financial Corporation’s Financial Performance Worksheets. This paper covers three areas. The first part of the paper contains a brief history of Countrywide and the position of the corporation in the market of real estate mortgage. The second part is a SWOT analysis of Countrywide s performance and the reasonsRead MoreEssay on Countrywide Financial Home Loans Failure1300 Words   |  6 Pages Countrywide Financial was cofounded by Angelo Mazilo and by the early 2000s it became the largest provider of home loans in U.S. It was also considered the main provider of home loans to minorities in U.S. because of its lower barriers regarding homeownership for low-income individuals. The company was well known for their services offered to their clients such as: loan closing, capital market, insurance and banking services. In 2000s the main factor that contributed to the company’s reputationRead MoreCountrywide Financial : A Large Diversified Financial Service Provider1018 Words   |  5 Pages Countrywide Financial was a large diversified financial service provider. They operate in five business segments, those being mortgage banking, banking, capital markets, insurance, and global operations. Countrywide was the largest market share among U.S. mortgage originators before unethical actions caused the downfall of the firm. Problems in Countrywide’s loan practices were evident. After the financial crisis of 2008 Countrywide was found to be a significant contributor to the subprime mortgageRead MoreCountrywide Home Loans ( Countrywide Hl )1466 Words   |  6 PagesCountrywide Home Loans (Countrywide HL) provide, service, and sell mortgage loans and after-loan services such as collections and payment processing. As a leader in the mortgage industry, they provide these products and serv ices to homeowners through prime and subprime mortgage loans and subsequently resell these loans to investors. In 2009, the United States (US) Treasury Department (Treasury) invested (i.e., US taxpayer-based funding) in Countrywide HL under the Treasury’s 2009 Troubled Asset ReliefRead MoreCountrywide Financial Case7873 Words   |  32 PagesCases in Crafting and Executing Strategy 15. Countrywide Financial Corporation and the Subprime Mortgage Debacle  © The McGraw−Hill Companies, 2011 Case 15 Countrywide Financial Corporation and the Subprime Mortgage Debacle Ronald W. Eastburn Case Western Reserve University Angelo Mozilo, founder and Chairman of Countrywide Financial Corporation, was the driving force behind the company’s efforts to become the largest real estate mortgage originator in the United States and, accordingRead MoreFinancial Crisis 20081224 Words   |  5 PagesJust after ten years of Asian financial crisis, another major financial crisis now concern for all developed and some developing countries is â€Å"Global Financial Crisis 2008.† It is beginning with the bankruptcy of Lehman Brothers on Sunday, September 14, 2008 and spread like a flood. At first U.S banking sector fall in a great liquidity crisis and simultaneously around the world stock markets have fallen, large financial institutions have collapsed or been bought out, and governments in even the wealthiestRead MoreFinancial Crisis 2008 Essay1160 Words   |  5 PagesJust after ten years of Asian financial crisis, another major financial crisis now concern for all developed and some developing countr ies is â€Å"Global Financial Crisis 2008.† It is beginning with the bankruptcy of Lehman Brothers on Sunday, September 14, 2008 and spread like a flood. At first U.S banking sector fall in a great liquidity crisis and simultaneously around the world stock markets have fallen, large financial institutions have collapsed or been bought out, and governments in even the wealthiestRead MoreCountrywide Subprime Lending Crisis4911 Words   |  20 PagesExecutive Summary Even though Countrywide stopped offering subprime loans 4 months ago, the company is still in the forefront of the subprime mortgage lending and foreclosure crisis. Lawsuits seem to be coming from all directions, federal and state investigative probes are launched against them, stock price tumbled to 1/5 of its value, even desperate lenders demonstrated outside their offices. 2007 has definitely not been Countrywide s year. The company has lost its place as America s Home LenderRead MoreEthics in the Mortgage Lending Business1566 Words   |  7 PagesEthics in the Mortgage Lending Business In America each person believes it is his or her right to own a home. Banks believe they should give each person the money to finance a home. Countrywide was at the forefront for many years in providing loans to consumers. Their ethics were placed into question when homeowners started losing homes after 2006. Bank of America intervened to assist on home loans affected. Their strong code of ethics, team values, and guiding principles ensured clients thatRead MoreImplementing New Loan Programs For An Earthquake1462 Words   |  6 PagesThe recession that we are currently undergoing had affected and continues to affect different business entities. One example is Countrywide, a mortgage lender corporation. In the fiscal year of 2001, 2002, and 2003 Countrywide experienced record earnings. Countrywide achieved this by implementing new loan programs that enabled them to defeat competitors. However, for several important reasons, decision making managers need to understand different managerial skills in order to avoid undesirable

Monday, December 30, 2019

The Controversy Over Columbus Day Celebrations

Only two federal holidays bear the names of specific men—Martin Luther King Jr. Day and Columbus Day. While the former passes each year with relatively little controversy, opposition to Columbus Day (observed on the second Monday of October)  has intensified in recent decades. Native American groups argue that the Italian explorer’s arrival in the New World ushered in genocide against indigenous peoples as well as the transatlantic slave trade. Thus Columbus Day, much like Thanksgiving, highlights Western imperialism and the conquest of people of color.   The circumstances surrounding Christopher Columbus’ foray into the Americas have led to an end to Columbus Day observances in some areas of the U.S. In such regions, the contributions Native Americans have made to the county are recognized instead. But these places are exceptions and not the rule. Columbus Day remains a mainstay in nearly all U.S. cities and states. To change this, activists opposed to these celebrations have launched a multi-pronged argument to demonstrate why Columbus Day should be eradicated. Origins of Columbus Day Christopher Columbus may have first left his mark on the Americas in the 15th century, but the United States didn’t establish a federal holiday in his honor until 1937. Commissioned by Spanish King Ferdinand and Queen Isabella to explore Asia, Columbus instead sailed to the New World in 1492. He first disembarked in the Bahamas, later making his way to Cuba and the island of Hispanola, now the home of Haiti and the Dominican Republic. Believing that he had located China and Japan, Columbus founded the first Spanish colony in the Americas with the help of nearly 40 crewmembers. The following spring, he traveled back to Spain where he presented Ferdinand and Isabella with spices, minerals and indigenous peoples he’d captured. It would take three trips back to the New World for Columbus to determine that he hadn’t located Asia but a continent altogether unfamiliar to the Spanish. By the time he died in 1506, Columbus had crisscrossed the Atlantic numerous times. Clearly, Columbus left his mark on the New World, but should he be given credit for discovering it? Columbus Didn’t Discover America Generations of Americans grew up learning that Christopher Columbus discovered the New World. But Columbus wasn’t the first European to land in the Americas. Back in the 10th century, the Vikings explored Newfoundland, Canada. DNA evidence has also found that Polynesians settled in South America before Columbus traveled to the New World. There’s also the fact that when Columbus arrived in the Americas in 1492, more than 100 million people inhabited the New World. G. Rebecca Dobbs wrote in her essay â€Å"Why We Should Abolish Columbus Day† that to suggest that Columbus discovered America is to suggest that those who inhabited the Americas are nonentities. Dobbs argues: â€Å"How can anyone discover a place which tens of millions already know about? To assert that this can be done is to say that those inhabitants are not human. And in fact, this is exactly the attitude many Europeans†¦displayed toward indigenous Americans. We know, of course, that this is not true, but to perpetuate the idea of a Columbian discovery is to continue to assign a non-human status to those 145 million people and their descendants.† Not only didn’t Columbus discover the Americas, but he also didn’t popularize the idea that the earth was round. The educated Europeans of Columbus’ day widely acknowledged that the earth was not flat, contrary to reports. Given that Columbus neither discovered the New World nor dispelled the flat earth myth, opponents to the Columbus observance question why the federal government has set aside a day in the explorer’s honor. Columbus’ Impact on Indigenous Peoples The main reason Columbus Day draws opposition is because of how the explorer’s arrival to the New World affected indigenous peoples. European settlers not only introduced new diseases to the Americas that wiped out scores of Native peoples but also warfare, colonization, slavery, and torture. In light of this, the American Indian Movement (AIM) has called on the federal government to stop observances of Columbus Day. AIM likened Columbus Day celebrations in the U.S. to the German people establishing a holiday to celebrate Adolf Hitler with parades and festivals in Jewish communities. According to AIM: â€Å"Columbus was the beginning of the American holocaust, ethnic cleansing characterized by murder, torture, raping, pillaging, robbery, slavery, kidnapping, and forced removals of Indian people from their homelands. †¦We say that to celebrate the legacy of this murderer is an affront to all Indian peoples, and others who truly understand this history.† Alternatives to Columbus Day Since 1990 the state of South Dakota has celebrated Native American Day in lieu of Columbus Day to honor its residents of indigenous heritage. South Dakota has a Native population of 8.8 percent, according to 2010 census figures. In Hawaii, Discoverers’ Day is celebrated rather than Columbus Day. Discoverers’ Day pays homage to the Polynesian explorers who sailed to the New World. The city of Berkeley, Calif, also doesn’t celebrate Columbus Day, instead recognizing Indigenous Peoples Day since 1992. More recently, cities such as Seattle, Albuquerque, Minneapolis, Santa Fe, N.M., Portland, Ore., and Olympia, Wash., have all established Indigenous Peoples Day celebrations in place of Columbus Day.

Sunday, December 22, 2019

Essay on Comparison of Repression - 479 Words

Comparison of Repression I. Intro: In the month of March, 2004, our English class read three stories. We read: (1) The Story of An Hour, (2) The Sky is Gray, and (3) The Man Who Was Almost A Man. The three stories were not only interesting, but had a common theme. All the stories showed different examples of repression. Repression was shown by the focal character in each story, the families and society. II. Body First, there was repression of these characters by themselves. In The Sky Is Gray, James has suffered with a prolonged toothache. He does not want to worry his mother because he knows they have little money. He exhibits a form of self-repression by not†¦show more content†¦This in turn gets him into more trouble. He appears to be childish to others and does not prove that he is an adult. The Story of An Hour portrays mental oppression through a woman who is married to an overbearing husband. When Louise learns that her husband has been killed, she seeks solitude to grieve, but instead finds comfort in the realization that she is free to live her own life. She realizes she is out from under the strong hold of her domineering husband. When she returns downstairs to the support of her sister and friend, only to find her husband walking through the door. She is startled that she drops dead. She had repressed her own feelings for so long that death held more appeal for her tha n continuing the life her husband had insisted she live. The stories portrayed repression by a family member, also. In The Sky is Gray, James was repressed by his mother because she always wanted him to learn by tough love. She was always teaching him lessons on how to become a man; therefore he rarely enjoyed his childhood. In The Story of An Hour, Louise was repressed by her sister, Josephine, because she viewed Louise and weak because of her heart condition. This resulted in Josephine not wanting to break the news of Louises husbands death. In The Man Who Was Almost a Man, Dave was repressed by his mother because sheShow MoreRelatedAnalysis Of Coal By Audre Lorde s Poem, Coal936 Words   |  4 PagesAnalysis of Coal Audre Lorde’s poem, Coal, explores the idea of repression and the freedom of speech. On first reading of the text, the poem seems to be built around an idea of anger towards repressing one’s individual thoughts and not voicing personal opinion. However, through a deconstructive reading, there are inconsistencies within the text’s language that question whether the speaker is referring to the forceful repression of spoken words or other motifs like femininity, power and self worthRead MoreDemocracy And Government Repression Essay. Democracy Is1620 Words   |  7 PagesDemocracy and government repression essay Democracy is a difficult concept to define, with almost every nation state in the world self-defining themselves as such, when in fact not all are. The complexity of the definition of democracy poses challenges when one is trying to analyse the causes and effects that democracy can have. Democracy occurs by degree, not in absolutes, further complicating analysis. The traditional definition of democracy prior to the revolutions of the 18th and 19th centuriesRead MoreA comparison Study of Russia and Estonia1171 Words   |  5 Pageswill attempt to provide the factor that leads to the inequality of human rights violation-levels between countries. The following table is a graphic representation of the comparison method used throughout the paper, which could be used for clarification purposes: As depicted by the table, the two countries chosen for comparison are Russia and Estonia. Since we are trying to determine the factor that causes some countries to have higher levels of human rights violations than others, these two countriesRead MoreAlfred Hitchcock And Psycho And Peter Shaffer1328 Words   |  6 PagesAlfred Hitchcock in the film Psycho and Peter Shaffer in his stage production Equus both explore the true nightmares that manifest from sexual and emotional repression. The writers emphasise the motives and the reason for the characters actions opposed to how the causations of this repression occurred. Conversely, both works draw on the common theme of the disturbed human psyche, offering a critical perspective on the upbringing of each individual with regards to their early development, each charactersRead MoreFinancial Repression is Negatively Related to Financial Growth1458 Words   |  6 Pagesfinancial distortions with black market exchange premiums rates and r eal interest rates squared lowers investment ratios eventually leading to a reduction in growth output. In the same vein, Roubini and Sala-i-Martin (1992) also revealed that financial repression is negatively related to growth while controlling other growth determinants; hence interest rates (bank-reserve requirements) correlates inversely with growth. In the work of Taylor A. M. (1998), he examined the effects of costs of financial distortionsRead MoreArticle Review of Fatema Mernissis Size Six: The Western Womens Harem634 Words   |  3 Pagesperspective of Western women. Interestingly, the author argued that the subordination and repression of Western women by their own society particularly men are harsher and worse than the general perception of Muslim women as the more repressed and considered subordinate because they wear the veil, among other restrictions implemented to women in Islam. In establishing this thesis, Mernissi begins her comparison by narrating a personal experience about not being able to find a skirt that fits her sizeRead More Comparing the Role of the Ghost in Morrisons Beloved and Kingstons No Name Woman972 Words   |  4 Pagesrepresent a repressed historical past that is awakened in their narrative retelling of the stories. The ghosts facilitate this retelling of stories that give voice to that which has been silenced, challenging this repression and ultimately reversing it. The patriarchal repression of Chinese women is illustrated by Kingstons story of No Name Woman, whose adulterous pregnancy is punished when the villagers raid the family home. Cast out by her humiliated family, she births the baby and then drownsRead MoreCharacter Comparison - Hills Like White Elephants/A Rose for Emily989 Words   |  4 PagesEnglish 152 9 October 2012 Character Comparison – Two Repressed Women Both â€Å"Hills like White Elephants† by Ernest Hemingway and William Faulkner’s â€Å"A Rose for Emily† center around two women who are repressed by their lives’ circumstances. However, outside of their feelings, their situations could not be more different. Miss Emily Grierson is trapped in a life of solitude, despondency, and desperation. The girl, or â€Å"Jig†, is equally as desperate, but her repression is not born of loneliness or restraint—itRead MoreA Comparison Piece of Mark Twains the Adventures of Huckleberry Finn and Frederick Douglasss Narrative of the Life of Frederick Douglass, an American Slave834 Words   |  4 PagesHuckleberry Finn and Frederick Douglasss Narrative of the Life of Frederick Douglass, an American Slave can be said to be comparison pieces. Despite that Huck Finn is a fictional character and Douglass was a physical being, certain characteristics and developmental processes are very similar. Firstly, in the initial stages of their lives, both Huck and Douglass faced repression, though in different forms. While Huck is a character whose spirit longs to fly freely, there are others that would conformRead MoreEssay Psychoanalytic Theory and the Defense Mechanisms1287 Words   |  6 Pagespsychoanalysis as an attribution of thoughts and actions to an individual’s unconscious motives and conflicts through the use of personality and therapeutic methods. Within this theory Freud developed an idea of an individual’s mind by analyzing it in comparison to an iceberg. Much like an iceberg, which contains various regions that are exposed and concealed, Freud viewed one’s cognizance through the same lens. He generated a clear view of the human mind in three distinct categories: the id, the ego,

Saturday, December 14, 2019

Scoping and Screening in Environmental Impact Assesssment Free Essays

AN OPTIONAL ESSAY ON COMPARING AND CONTRASTING THE ROLES OF â€Å"SCREENING† AND â€Å"SCOPING† IN ENVIRONMENTAL IMPACT ASSESSMENT PROCESS. ENVIRONMENTAL IMPACT ASSESSMENT COURSE UNIT PLAN60411/PLAN40321 STUDENT ID :8528550 INTRODUCTION Environmental Impact assessment is a systematic process that examines, analyses the environmental consequences of development or development action in advance (Glasson,J. el al 2005). We will write a custom essay sample on Scoping and Screening in Environmental Impact Assesssment or any similar topic only for you Order Now It is a logical process for establishing and sustaining an environment of quality by incorporating environmental considerations into decision making; specifying and clarifying the environmental aspects of development proposals to decision makers; indicating ways of mitigation and proffering project alternatives. It involves crucial stages for its optimum desirability and success these include â€Å"screening† and â€Å"scoping†. This paper of discourse will clearly compare and contrast the roles of these indispensible tools used in environmental impact assessment process. DEFINATION OF TERMS Screening is a mechanism which seeks to focus on those projects with potentially significant adverse environmental impact or whose impacts are not fully known. Scoping is the process of identifying from a broad range of potential problems, a number of priority issues to be addressed by an environmental impact assessment. (Wathem,P 2004) SCOPE OF STUDY From the foregoing, we can construe that they are essential stages of environmental impact assessment. Screening and scoping are both preliminary stages of an environmental impact assessment, and executed systematically in stages which must be done in a logical and professional manner, especially in the case of an integrated environmental impact assessment approach. They both have approaches for the scrutiny of a proposed project for consequently crucial in decision making. Both share a major role: the execution of a successful environmental impact assessment as an effective protection and management tool, as resourceful as possible. Despite what roles they have in common, these components of requisite have distinctive features and approaches in the roles they play in the environmental impact assessment process. Screening is focused on the significance of an impact in the environment, while scoping works on the range of issues to be defined after level of impact significance. They have different approaches to their functionality; screening uses the following approaches: * Schedule 1 (EU: Annex 1) Environmental impact assessment is mandatory * Schedule 2 (EU: Annex 2) Environmental impact assessment is discretionary, according to thresholds. * Schedule 3 (EU: Annex 3) Further consideration of Schedule 2 projects example environmental sensitivity. The EIA regulations England SI No 1824 2011 While scoping uses * Scoping Checklist * Scoping Matrix * Network programming European commission guidance on EIA: Scoping(2001) Screening uses the Initial Environmental Examination or evaluation (IEE) as its checks and balances. On the other hand, scoping uses Scoping and report/opinion and public input and participation through a Terms of Reference (TOR). Project screening, precedes project scoping. Hence, screening must be carried out before project scoping. It is recommended and not mandatory to public involvement and stakeholders in screening, scoping differing from screening deems it is mandatory and recommendable for public participants to be involved at the stage of environmental impact assessment. CONCLUSION It is usually difficult to overemphasis the roles played by screening and scoping in environmental impact assessment irrespective of how far they are in contrast or how close they are in comparison. What is imperative is that the success of an environmental impact assessment depends largely on how well they are conducted. REFERENCES Glasson, J. et al (2005): Introduction to impact Assessment; Routledge, Abingdon, 3rd Edition Wathern, P. (2004): Environmental Impact Assessment, Theory And Practice: west Sussex London Journal On Environmental Impact Assessment Training (2002); Topic 4, UNEP How to cite Scoping and Screening in Environmental Impact Assesssment, Essay examples

Friday, December 6, 2019

Applicable Law Valid Contract-Elements

Question: Describe about the Valid Contract Elements". Answer: The offer is the first step of formation of a contract this expression defines a persons willingness for contracting in line with the specified terms. These terms further are made with the intention of making the terms of the offer binding as soon as the parties accept the same. There are two parties to an offer, (i) offeree to whom the offer is being made and (ii) offeror who makes the offer. An offer has three requirements (a) it needs to have exchange terms; (b) a willingness must exist for offeror to have the terms of the contract to be binding on him and (c) once the offeror has accepted the offer the offerree has the power to bind the offeror and the offeror cannot retract the offer once the same has been accepted by the offerree. The case of Pharmaceuticals Society of Great Britain opined that the goods which are displayed in a shop have been put there for allowing the customer to choose from them only. An offer however would be made only when an offer is made by the customer for purchasing. Thus Alan went to the store of Ben to look at the liquor on display since he wanted to purchase the same. This was only an invitation to treat since he was only looking. There was a counter offer that was made by Ben with respect to Alans request of buying Russian distilled vodka thus nullifying the initial treat to offer. Later upon insistence of Alan being the offeror that he wished to purchase only Russian distilled vodka Ben being the offeror assured him that the vodka provided by him would satisfy his requirement. It was opined in the Bannermans case that upon communication of a specific term by the offeror to the offerree the same shall be binding on the offeror. In the case of Ben and Alan there are specific terms which Alan communicate to Ben and it was in furtherance of these specific terms that the transaction was commenced. This was on the basis of this assurance that there was an acceptance of the offer and consequently the consideration was paid and the same acknowledged by way of receipt. The final element of a valid contract is that of legal capacity which broadly means that people who are either minors (in Singapore the age of majority is 18 years with effect from March 2009) or mentally incapacity do not have the capacity of forming a contract. Further it can be observed the Alan is an avid drinker hence a presumption can be made that he is not a minor further he also very clearly indicates his preferences and describes it correctly to Ben hence it is further presumed that he is not mentally incapacitated. In the case of Ben he is salesman for alcohol who is dealing deftly with the client hence presumption can be made that is not a minor nor mentally incapacitated. There has to exist the legal intention for creating a relationship that is legally recognized. There exists an intention to create a relationship that is legal because this is a contract of sale which is commercial in nature. Further based on the fact that there has been completion of the transaction and receipt provided for the same it can stated that there was an intention for creating a legal relationship. Thus, there has been a valid offer and acceptance, upon being assured that the alcohol is Russian Vodka he accepts the offer thus and paid to Ben the consideration for the same and a general rule exists that a promise will be enforceable only if there is a consideration attached to it. There is also a clear intention of forming a legal relationship and both the parties have the legal capacity to form a valid contract. There was quality of product however which Ben assured at the time when the purchase was being made however the alcohol that was purchased by Alan proved to be dangerous. Thus there has been a misrepresentation of the part of Ben and any contract which is formed on the basis of misrepresentation maybe set aside. Applicable Law Where there is a specific description of products that are being sold then it an implied condition under Section 13 that the goods should match the description of the properties that has been sold. It is with the products description and not the quality that this section is concerned with (Arcos v Ranaason [1933] AC 470). Therefore since Alan had specified that Russian distilled vodka was required by him and it was assured by Ben that the liquor was what had been requested by Alan hence the Sale of Goods Act section 13(1) would be attracted however the description of the product does not correspond with the product that had been specified by Alan. Though it can be assumed that Ben being only a salesman who was selling liquor may have unintentionally sold the liquor to Alan. It is not possible to take out the fault that was there in the alcohol without using any scientific method and even Alan and his friends realized that the liquor was not good when they had consumed it. However, it must be noted that this section 13 cannot be relied upon in those cases where the buyer has actually viewed the products (Harlington Leinster v Christopher Hull Fine Art [1991] 1 QB 564). Standard placed under section 14(3) wherein the buyer has informed the seller certain qualities that are required by the goods then there are higher standards. Under this the seller would be liable even if there is satisfaction of the safety aspect however the product is not the specific to that which the buyer had required(National Foods Ltd v Pars Ram Brothers (Pte) Ltd, 2007). It must also be noted further that the alcohol which was sold by Ben was not legal and as held in the case of Rowland vs. Divall when a product has been obtained by illicit or illegal method then the same shall not be justifiable. A receipt is when a party acknowledges in writing that they have from the person whose name has been mentioned on the receipt received a consideration as has been specified in the receipt. In the receipt sometimes apart from acknowledgment of receiving of particular this there is also an acceptance of doing from the agreement between the parties another thing. The receipt is however only a prima facie evidence of the contract which exists between the parties which is considered. For incorporating a written term in the contract and the same to be considered by the court one of the main requirements is that the terms incorporation notice has to be given either before the agreement to the contract or during the agreement to the contract. Thus in the given situation between Alan and Ben the receipt only an evidence of the contract between Alan and Ben acknowledging the consideration received and paid by the respective parties. It was established in the case of Olley vs. Marlborough Court Hotel case that for considering the terms to be incorporated into the contract it is necessary that there should be a notice of the same either at the time when the contract is being made or before the contract has been made(Olley v. Marlborough Court Hotel, 1949). In light of the aforementioned discussion and case law, it is clear in the situation of Ben and Allan the exclusion clause which was added to the receipt being that the products sold are not refundable nor the seller responsible for the safety of the products it was necessary for Ben to inform Alan of the same at the time of formation of contract or before the contract was to be considered to be a part of the contract since it was made known to him after the contract had been formed and consideration made it would not be an exclusion clause in the contract and Alan can claim damages from Ben as in the case of Olley vs. Marlborough Court Hotel. Further it is also essentialto notethat the it is in the document of contract that the exclusion clause should be incorporated. This document of contract is the one which any reasonable person should assume to contain the contracts terms and should not be just the mere acknowledgment of consideration being received like a receipt (Parker v. SE Railway Co., 1877). Application of Law For claiming damages for negligence it is first essential establish that a duty of care existed. A duty of care is said to exist if there is proximity between the plaintiff and the defendant. There is a test of reasonable foreseeability for establishing duty of care: There will be a duty of care that the defendant will owe towards the plaintiff where it can be foreseen reasonably that harm might be caused to the plaintiff due to omission or act of the plaintiff. There has been a breach of duty on the part of Ben when he sold the bootleg alcohol to Alan since it could have been reasonably foreseen by him that any person who would be drinking the alcohol could be harmed(Donoghue v Stevenson, 1932). In the case of Donoghue v. Stevenson the product liability principle was established in which it was stated that there existed a duty of care even when there was no contract or no proximity of parties(Donoghue v Stevenson, 1932). It also further stated that reasonable care should be taken for avoiding omissions or acts which can be foreseen reasonably that it is likely to injure neighbor. Neighbors under law are those who are directly and closely affected by the act (Donoghue v Stevenson, 1932). When it comes of sale of goods the duty of care is owed to the ultimate consumer even if there was no chance on inspection of the product. Thus keep in purview the product liability principles established it can be stated that a duty of care is owed towards the ultimate consumers and the neighbors to ensure that there has been no act or omission that would likely cause harm. Causation requires it to be necessary that negligence should be harms necessary condition, and that harm is falling within the defendants scope of liability. Issue of remoteness and causation are separately tended to, the but for test is the key tens when it comes to causation which basically question whether there could have been sustaining of the loss but for the negligence of the defendant. The case of Barnett v Chelsea and Kensington HMC (1969) is a leading case in this regard(Barnett v Chelsea and Kensington, 1969). Thus, since there has been a breach of duty on the part of Alan by selling harmful bootleg alcohol he would be held liable for it even by Alans friends and there is no remoteness of relationship since it was by drinking this alcohol that Alans friends had fallen sick. Also the product liability principle would be applicable in this situation and since Alans friends are the ultimate consumers there lies an action against Ben from them. Further in case of Alans friends and the alcohol supplied by Ben if we apply the but for principle it can clearly be stated that had it not been for the harmful alcohol they would not have fallen sick hence the harm falls within the scope of liability of Ben. Also in case of Alans friends and the alcohol supplied by Ben if we apply the but for principle it can clearly be stated that had it not been for the harmful alcohol they would not have fallen sick hence the harm falls within the scope of liability of Ben. Action can also be brought by Alans friends under the Chapter 53B "Contracts (Rights of Third Parties) Act" where the enforcement of contract terms can be done by third party. Under the neighborhood principle the friends shall qualify. References Articles and conditions of building contract.(2011). Singapore. Bannerman vs. White, 10 CBNS 844 (1861). Barnett v Chelsea and Kensington, HMC (1969). Ch.09 Domestic Sale of Goods. (2016).Singaporelaw.sg. Retrieved 4 July 2016, Compact Metal Industries Ltd v PPG Industries (Singapore) Ltd, SGHC 242 (2006). Donoghue v Stevenson, AC 562, 580. (1932). Frost v. Aylsbury Dairy Co. Ltd., 1 KB 608 (1905). George Mitchell v Finney Lock Seeds, 2 AC 803 (1983). National Foods Ltd v Pars Ram Brothers (Pte) Ltd, 2 SLR(R) 1048 (2007). Neyers, J., Bronaugh, R., Pitel, S. (2009).Exploring contract law. Oxford: Hart Pub. Olley v. Marlborough Court Hotel, 1 KB 532 (1949). Parker v. SE Railway Co., 2 CPD 416 (1877). Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd., 1 Q.B. 401 (1953).