Obamacare The Great Debate - 1404 Words

Obamacare: The Great Debate The Obama Presidency is known for many things: two wars, economy crashes, government shutdowns and, yes, the infamous Obamacare. Throughout the last six years, President Obama’s agenda was set towards passing a major healthcare reform bill: The Patient Protection and Affordable Healthcare Act (ACA), more commonly known as Obamacare. Passed on March 23, 2010 under considerable opposition, ACA is widely considered to be the landmark achievement of Obama’s presidency, and his hopeful legacy for historians long afterward. The law has since survived multiple challenges regarding its legality, but its impact on the intended (original) goal of reducing medical costs is still unclear. Affordable healthcare for all†¦show more content†¦Its size and complexity makes it is very difficult to implement and even more difficult to understand. Even Nancy Pelosi (D-CA), Speaker of the House, echoed this air of uncertainty while advocating for passage of the bill in 2010 whe n stating â€Å"But we have to pass the bill to learn what is in it.† Once the bill became law, arguments arose when discussion began on the specific details, regulations, and strategy for implementation. There are endless angles to approach this law, each with a mix of fact, bias, and prediction. Most viewpoints agree with the primary goal of Obamacare, to make healthcare affordable for everyone, but differ on the balance between the roles that government and private insurance companies should play in the solution. All the ifs, ands, or buts can cause chaos, as nothing of this size has ever been passed before. No matter the opinion or bias, it all comes down to the age-old battle over power and money. SUBSIDIES Obamacare, in its original form, was intended to function primarily at a state level. The deal was that each state would set up an online exchange where US citizens could log in to their state’s â€Å"exchange† to select a government-sanctioned healthcare insurance plan that was right as well as affordable. The Federal government raised taxes and worked Obamacare into its budget, figuring to disperse money to the states for funding of the program; this money is called a subsidy. The subsidies would be sent to the

Guilt in Macbeth by William Shakespeare Essay examples

Everyone deals with guilt at least one time throughout their life, and several authors use guilt to help build up suspense in their story. Guilt in Macbeth not only affects his mental state of mind, but it also destroys him physically, along with a few other characters such as Lady Macbeth. The characters are affected by guilt so much, that it actually leads to their death essentially, just because they were not able to handle the consequences for the events that occurred. Despite being destroyed by guilt, they were still forced to carry on with their lives and they did have to try to hide it, even though Macbeth was not doing so well with that. His hallucinations were giving him up and eventually everyone knew the he had murdered Duncan†¦show more content†¦After the murder of Duncan, he delivers the bloody daggers to Lady Macbeth which in a way surprises her, and she ends up leaving them next to the guards, which makes it look like they were responsible for the murder of t he loyal king Duncan. Throughout the play, Lady Macbeth begins going crazy, constantly crying about the â€Å"blood† on her hands that will not come off. The blood symbolizes the guilt that she is encountering because she cannot clean her soul of what she has done, and even the doctor doesnt understand what is going on with her, they just think she is crazy. A few acts later it gets to the point where she eventually commits suicide, just because she was unable to deal with the guilt. (The Theme of Guilt). Several quotes throughout this play can help relate to the destruction that guilt causes. â€Å"Out, damned spot! Out, I say! – One: two: why, then, tis time to dot, – Hell is murky! – Fie, my lord, fie! A soldier, and afeard? What need we fear who knows it, when none can call our power to account? – Yet who would have thought the old man to have had so much blood in him?† (Macbeth, act 5 scene 1). This quote is showing Lady Macbeth being e ntrapped by the guilt of the murder, which causes her to sleep walk and talk about it in a sort of dull way every night. â€Å"But screw your courage to the sticking place, And well not fail.† (Lady Macbeth, act 1 scene 7). Another quote by Lady Macbeth when she wanted Macbeth to continue onShow MoreRelatedThe Destruction of Guilt in Macbeth by William Shakespeare1168 Words   |  5 PagesDestruction of Guilt In William Shakespeares play Macbeth he uses many forms of imagery, he uses this imagery to outline major themes in the book. The imagery used in the play Macbeth makes the audience immediately captivated and helps the audience connect to the characters in the play. Two major themes will be outlined in this essay and those themes will be supported and outlined by three motifs: ambition/greed, fate and hallucinations. A profound theme throughout the book Macbeth is the underlyingRead MoreFear, Guilt, and Regret in Macbeth by William Shakespeare678 Words   |  3 PagesIn William Shakespeare’s Macbeth the reader watches as Macbeth changes gradually as the play endures. He are transforms from a loyal person with a loving and loyal disposition with other people, into a tyrants who are willing to kill in order to keep himself on the throne. He is tormented with fear, regret, and guilt. When someone does something they know is wrong it causes them to fall prey to their own emotions. After Duncan’s death you are able to see how the characters involved in the murderRead MoreGuilt in Lady Macbeth by William Shakespeare Essay544 Words   |  3 Pagescurrently take care of. It’s a lot like in the tragedy play of Macbeth. There was so much pressure to always be something more. If a right hand man of the king wasn’t good enough, then he had to be king himself. Macbeth’s pressure for greater power ultimately leads back to his wife, Lady Macbeth. What she personally wanted, more power, she pressed upon Macbeth, even though that was not his ultimate goal. Lady Macbeth used guilt, to tell Macbeth he is not man enough to murder King Duncan. Her remorsefulRead MoreThe Ultimate Downfall of Macbeth Due to Guilt 842 Words   |  3 PagesIn the play Macbeth by William Shakespeare, Macbeth’s ultimate downfall is due to the guilt he feels over everything he has done. The motif of supernatural forces, specifically the hallucinations and lack of sleep that Macbeth experiences, project the force of the guilt that eventually causes Macbeth’s destruction. Shakespeare uses the motif of supernatural forces to express how the force of the guilt Macbeth feels eventually leads to his final demolition in the play Macbeth. The recurring supernaturalRead MoreTheme Of Blood Imagery In Macbeth872 Words   |  4 Pages MACBETH’S FALL INTO EVIL Shakespeare uses imagery to show Macbeth’s fall into evil. Darkness is invariably associated with evil and to a certain extent deception. William Shakespeare employs the imagery of darkness throughout his play of Macbeth. He uses dark images often to describe instruments of disorder and the evils which characters portray. Macbeth is a tragedy that was written by Shakespeare in the Elizabethan Era. In Elizabethan England night air was said to be impure and rheumy and itRead More Shakespeares Macbeth - Creating Sympathy for Macbeth Essay example804 Words   |  4 PagesCreating Sympathy for Macbeth  Ã‚        Ã‚   The dark aura surrounding Shakespeares Macbeth is well deserved, as is the darkness shrouding its title character. Although Macbeth is certainly a villainous, evil man based solely on his actions, a fuller examination of his characters portrayal leads to a more sympathetic view of him. The play does not portray Macbeth simply as a cold-blooded murderer, but rather as a tortured soul attempting to deal with the atrocities surrounding him.    BeforeRead MoreThe Blood Motif Of Macbeth By William Shakespeare786 Words   |  4 PagesMacbeth Essay William Shakespeare dramatic play has many suitable examples of imagery, mainly the imagery of blood. The imagery of blood is very important in this play because it symbolizes guilt. Macbeth got too greedy and wanted more power, which led him to murder innocent people in order for him to keep his throne. In The Tragedy of Macbeth, William Shakespeare utilizes the blood motif to demonstrate the continuous feelings of guilt felt by Macbeth and Lady Macbeth and to distinguish the changesRead MoreEssay on Use of Blood in Shakespeares Macbeth943 Words   |  4 PagesUse of Blood in Macbeth  Ã‚        Ã‚  Ã‚  Ã‚   In the play ‘Macbeth’, Shakespeare uses brutal imagery, with association of blood.   The mood of disgust and horror towards the characters and setting is established by the references to the universal representation of death and pain. The first mention of blood seems to establish a sense of honor. The second mention of blood seems to communicate betrayal.   Lastly the third allusion of blood appears to establish a sense of guilt All of these images of blood helpRead MoreEssay on The Pent-up Guilt in Macbeth1720 Words   |  7 PagesThe Pent-up Guilt in Macbeth      Ã‚  Ã‚   There is hardly any emotion in William Shakespeares tragedy Macbeth that outweighs that of guilt. Both Lady Macbeth and Macbeth are seriously compromised by the impact of this emotion.    Clark and Wright in their Introduction to The Complete Works of William Shakespeare explain how guilt impacts Lady Macbeth:    Having sustained her weaker husband, her own strength gives way; and in sleep, when her will cannot control her thoughts, she is piteouslyRead MoreWomens Role in Macbeth and Antigone Essay1563 Words   |  7 Pagesroles, showing the power within women. William Shakespeare and Sophocles use guilt, pride, and influence to demonstrate the importance of the women’s role to support the main characters in both the plays of Macbeth and Antigone. In Macbeth and Antigone the authors created guilt for the women to use against the main characters for their advantage. Macbeth exploits Lady Macbeth to balance Macbeth in the play; many say that Lady Macbeth put guilt on Macbeth into killing for the throne; others disagree

Pricing Channels free essay sample

The classroom environment will be very interactive, so prepare to get involved. Students come from a variety of backgrounds with a large and diverse base of knowledge and experience. Therefore, the primary role of the professor will be to facilitate discussions that bring out pertinent issues and o better frame the analyses of these issues. Required materials Case Packet: The case packet is available through www. Study. Net. Instructions to get materials from study-net are included in the last page of this syllabus, before the course schedule.Pricing Simulation Universal Rental Car Harvard Business School: Sign up instructions will be provided to you in early October. It will cost $12. 50. There will be a practice round available from Novo. 4-9. The official round will run from Novo. 10-15. Other Readings: A number of readings for this class are available in full text (usually PDF) from Business Source Complete. For these articles, go to http:// www. It works best if you put the title of the article in quotes. If you get a yellow box that says Find it at UT, click on the box and follow the links that have full text. Other Materials: Other materials, such as study questions for case studies, grading sheets, and lecture slides are available on Blackboard. Paperless Assignments: All assignments are to be submitted electronically rather than in hard copy and no later than 5 minutes prior to the start of class. Please send them directly to Dr. Mackie through Outlook as e-mail attachments using the following file name convention on the attachments themselves: File Name Convention [Class time]_[Your Last Name and First Initial_[Assignment name] Example: 930_SmithJ_Problem Set Example: 930_SmithJ_Brief_Case name Example: 930_TeamName_RtM Assignment Grading Blind Grading: MBA-student teaching assistants do the first round of grading on many assignments. Therefore all papers in this course are blind graded. Therefore: (a) Please do not submit assignments directly to the TA; and (b) Place your name *only* in the file name of the attachment.

Tuesday, February 15, 2000 Essays - Misconduct, Academic Dishonesty

Tuesday, February 15, 2000 Focus on Ethics Can Curb Cheating, Colleges Find Behavior: Academic dishonesty is rampant, but students will respond to higher standards of integrity, a study shows. By KENNETH R. WEISS, Times Education Writer Copyright 2000 Los Angeles Times DAVIS, Calif.--Grappling for ways to halt the spread of plagiarism and other cheating in college, professors often get stuck on the idea that it's too late to change students' behavior by the time they reach college. But a growing number of campuses, backed by new research, are out to prove otherwise. Student behavior is affected by the communities we build, said Gary Pavela, the University of Maryland's director of judicial programs and student ethical conduct. Students cheat in high school in part because the think everyone else does. But students can change their ways if colleges clearly demand honesty, engage students in ethical issues and put them in charge of enforcement, said Pavela and his colleagues at such schools as UC Davis and Kansas State University, which are in the vanguard of a new movement to change the academic culture. A new large-scale study suggests they may be right. Although a startling 68% of college students admitted in an anonymous survey last fall that they engaged in some form of serious cheating, self-reported cheating was 10 percentage points lower on campuses that simply make a big fuss about academic integrity. The rates dipped even lower at colleges with formal honor codes. The survey results, which are to be released this week, are the first indication that anti-cheating campaigns are making inroads at the large public universities where many professors fear a spreading epidemic of academic dishonesty. The results directly challenge the broad view that a kid's ethical views at age 17 or 18 are set by their parents for good or ill, Pavela said. Administrators and student leaders have cribbed ideas from smaller colleges with traditional honor codes and modified them to work on large campuses. At UC Davis, the topic of academic integrity is everywhere, brought up by the students themselves. As final exams approach each term, students give their peers free cards stamped, Honesty is the only policy, and free No. 2 pencils with the inscription: Fill in your own bubble or be in trouble. Older students do skits to show incoming freshmen what can happen if they violate the code of academic conduct. Professors and their teaching assistants regularly turn in undergraduates for the smallest of infractions. In case students somehow miss the point, every Wednesday the campus newspaper's judicial report reveals all the embarrassing details--except for names--of what one sophomore calls a parade of unbelievably stupid acts of plagiarism, improper collaboration and wandering eyes. All this attention on cheating seems to make a difference. I would never want to cheat here--it's just too scary, said Tina Valenzuela, a UC Davis senior who wants to go to veterinary school. Just the fact that if you get caught, you'd read about it in the paper. At UC Davis, only 31% of students reported that they got the questions or answers from someone else who had already taken a test before they did--one of the most common forms of cheating. By comparison, on campuses that place less emphasis on academic integrity or ignore the issue altogether, 54% of students reported getting questions or answers. A skeptic might ask if students at schools with honor codes are simply less likely to admit--even anonymously--that they have violated the rules. Donald L. McCabe, the Rutgers University management professor who conducted the newest study, part of a decade of research on the subject of cheating, thinks not. Lower cheating rates at honor code schools are validated by surveys of faculty and by students who have attended both kinds of institutions, McCabe said. McCabe's latest survey, which last fall collected the responses of 2,100 students and 1,000 faculty members at 21 campuses across the country, showed that: * Nationwide, most forms of cheating remain at or near record levels. * Men admit to more cheating than women, fraternity and sorority members more than nonmembers; students with lower grade-point averages say they cheat more than those with high GPAs. * Students pursuing degrees in journalism and communications, business and engineering reported cheating more than those in the sciences, social sciences or humanities. * Only 9.7% of students reported plagiarizing a paper in

The Wright Brothers Make the First Flight

The Wright Brothers Make the First Flight At 10:35 a.m. on December 17, 1903, Orville Wright flew the Flyer for 12 seconds over 120 feet of the ground. This flight, conducted on Kill Devil Hill just outside of Kitty Hawk, North Carolina, was the very first flight by a manned, controlled, heavier-than-air aircraft that flew under its own power. In other words, it was the first flight of an airplane. Who Were the Wright Brothers? Wilbur Wright (1867-1912) and Orville Wright (1871-1948) were brothers who ran both a printing shop and a bicycle shop in Dayton, Ohio. The skills they learned from working on printing presses and bicycles were invaluable in trying to design and build a working airplane. Although the brothers interest in flight had stemmed from a small helicopter toy from their childhood, they didnt begin experimenting with aeronautics until 1899, when Wilbur was 32 and Orville was 28. Wilbur and Orville began by studying aeronautical books, then talked with civil engineers. Next, they built kites. Wing Warping Wilbur and Orville Wright studied the designs and accomplishments of other experimenters but soon realized that no one had yet found a way to control aircraft while in the air. By studiously observing birds in flight, the Wright brothers came up with the concept of wing warping.​ Wing warping allowed the pilot to control the roll of the plane (horizontal movement) by raising or lowering flaps located along the planes wingtips. For instance, by raising up one flap and lowering the other, the plane would then begin to bank (turn). The Wright brothers tested their ideas using kites and then, in 1900, built their first glider. Testing at Kitty Hawk Needing a place that had regular winds, hills, and sand (to provide a soft landing), the Wright brothers selected Kitty Hawk in North Carolina to conduct their tests. Wilbur and Orville Wright took their glider into the Kill Devil Hills, located just south of Kitty Hawk, and flew it. However, the glider did not do as well as they had hoped. In 1901, they built another glider and tested it, but it too did not work well. Realizing that the problem was in the experimental data they had used from others, they decided to conduct their own experiments. To do so, they went back to Dayton, Ohio and built a small wind tunnel. With the information gained from their own experiments in the wind tunnel, Wilbur and Orville built another glider in 1902. This one, when tested, did exactly what the Wrights expected. Wilbur and Orville Wright had successfully solved the problem of control in flight. Next, they needed to build an aircraft that had both control and motorized power. The Wright Brothers Build the Flyer The Wrights needed an engine that would be powerful enough to lift a plane from the ground, but not weigh it down significantly. After contacting a number of engine manufacturers and not finding any engines light enough for their task, the Wrights realized that in order to get an engine with the specifications they needed, they must design and build their own. While the Wilbur and Orville Wright designed the engine, it was the clever and able Charlie Taylor, a machinist who worked with the Wright brothers in their bicycle shop, who built it carefully crafting each individual, unique piece. With little experience working with engines, the three men managed to put together a 4-cylinder, 8 horsepower, gasoline engine that weighed 152 pounds in just six weeks. However, after some testing, the engine block cracked. It took another two months to make a new one, but this time, the engine had a whopping 12 horsepower. Another engineering struggle was determining the shape and size of the propellers. Orville and Wilbur would constantly discuss the intricacies of their engineering problems. Although they hoped to find solutions in nautical engineering books, they ultimately discovered their own answers through trial, error, and lots of discussion. When the engine was completed and the two propellers created, Wilbur and Orville placed these into their newly built, 21-foot long, spruce-and-ash framed Flyer. With the finished product weighing 605 pounds, the Wright brothers hoped that the motor would be strong enough to lift the plane. It was time to test their new, controlled, motorized aircraft. The December 14, 1903 Test Wilbur and Orville Wright traveled to Kitty Hawk in September 1903. Technical difficulties and weather problems delayed the first test until December 14, 1903. Wilbur and Orville flipped a coin to see who would get to make the first test flight and Wilbur won. However, there wasnt enough wind that day, so the Wright brothers took the Flyer up to a hill and flew it. Although it did take flight, it crashed at the end and needed a couple days to repair. Nothing definitive was gained from this flight since the Flyer had taken off from a hill. The First Flight at Kitty Hawk On December 17, 1903, the Flyer was fixed and ready to go. The weather was cold and windy, with winds reported around 20 to 27 miles per hour. The brothers tried to wait until the weather improved but by 10 a.m. it had not, so they decided to try a flight anyway. The two brothers, plus several helpers, set up the 60-foot monorail track that helped keep the Flyer in line for lift-off. Since Wilbur had won the coin toss on December 14,  it was Orvilles turn to pilot. Orville  clambered onto the Flyer, laying flat on his tummy on the middle of the bottom wing. The biplane, which had a 40-foot 4-inch wingspan, was ready to go. At 10:35 a.m. the Flyer started off with Orville as pilot and Wilbur running along the right side, holding onto the lower wing to help stabilize the plane. Around 40 feet along the track, the Flyer took flight, staying in the air for 12 seconds and traveling 120 feet from liftoff. They had done it. They had made the very first flight with a manned, controlled, powered, heavier-than-air aircraft. Three More Flights That Day The men were excited about their triumph but they were not done for the day. They went back inside to warm up by a fire and then went back outside for three more flights. The fourth and final flight proved their best. During that last flight, Wilbur piloted the Flyer for 59 seconds over 852 feet. After the fourth test flight, a strong gust of wind blew the Flyer over, making it tumble and breaking it so severely that it would never be flown again.   After Kitty Hawk Over the next several years, the Wright Brothers would continue perfecting their airplane designs but would suffer a major setback in 1908 when they were involved in the first fatal airplane crash. In this crash, Orville Wright was severely injured but  passenger Lieutenant Thomas Selfridge died. Four years later, having recently returned from a six-month trip to Europe for business, Wilbur Wright became ill with typhoid fever. Wilbur never recovered, passing away on May 30, 1912, at the age of 45. Orville Wright continued to fly for the next six years, making daring stunts and setting speed records, stopping only when aches left over from his 1908 crash would no longer let him fly. Over the next three decades, Orville kept busy continuing scientific research, making public appearances, and battling lawsuits. He lived long enough to witness the historic flights of great aviators such as Charles Lindbergh and Amelia Earhart as well as recognize the  important roles that planes played in World War I and World War II. On January 30, 1948, Orville Wright died at age 77 of a massive heart attack.

Peculiarities of Writing in the Humanities

Peculiarities of Writing in the Humanities Peculiarities of Writing in the Humanities Writing in the humanities can be challenging because of the diversity and vastness of the discipline. Humanities covers human culture, which is rather hard to pin down. It covers anthropology, history, languages, laws, politics, literature, performing arts, philosophy, religion, and much more. Despite the extensive nature of this discipline, there are several essentials that you should keep in mind while writing papers about humanities subjects: Having focus. Since the humanities is a wide discipline, drawing attention to specifics is key. Say if your topic is â€Å"life as a working poet† it would be good to make it more narrow. It could be something like, â€Å"Working as a poet in Seattle in the 1980s.† The humanities is about digging deep into human nature and behavior, and decoding it for your readers. If you take only a surface look at a certain phenomenon, you aren’t doing your job. The format. Commonly, humanities papers run in this sequence: thesis, evidence/counter evidence, conclusion. The thesis is made in the introduction, and is usually a statement of one or two sentences that is the foundation of our paper. In the evidence/counter evidence section, you must present the appropriate research you have found on a certain phenomenon and make sure that the evidence backs up the claim in the thesis. In the conclusion, not only do you summarize your main points, but you also synthesize those findings and derive something important for your readers to think about from it. Though most academic papers require proper documentation of ideas and quotations, in the humanities, it is essential to building a proper argument based on your thesis and for your claims to be viable in the eyes of readers. Textual evidence, from books, journals, and so on, are more likely to be featured in humanities papers. Also, making footnotes is quite common in humanities papers, and you should be aware of how to use them and how to correctly format them. Okay, it is still an academic paper, but a paper based in the humanities can appeal to both logic and emotions. Writers try to capture the imagination of readers through their writing, and not just write dry text to impress textbook writers. The phrasing of the writing is key to appealing to readers. In the humanities, academic papers should be enticing and engaging to read, rather than a simple report. The emotions expressed should not explicit, but rather implied, however. Having a balanced discussion. Humanities papers should not lean towards one side too strongly. They are not persuasive essays. They try to report on the truth of a matter in a comprehensive, holistic way that is focused. If your essay becomes too preachy, know that something is wrong. Present both sides of the issue youre examining, from a neutral point of you. Give sufficient evidence for both spectrums of your topic. Writing a paper in the humanities can be a real trip sometimes. However, if you follow and integrate the above points in your writing practice, writing humanities papers can be a lot easier.

FSA and stiffer penalties to individuals Essay Example | Topics and Well Written Essays - 3000 words

FSA and stiffer penalties to individuals - Essay Example FSA also protects consumers by reducing financial crimes in the financial markets (Davidson 2010). In the past few weeks, FSA has imposed heavy penalties on individuals for regulatory breaches. FSA has been much more efficient in ensuring prosecution of individuals who breach regulatory requirements. FSA has implemented a new policy that is aimed at deterring financial crimes through imposing penalties that reflect the magnitude of the regulatory breach, or financial scandal (Pettet 2001). The recent penalties are based on numerous factors including the need to achieve an appropriate deterrence effect and removal of any profits that may have accrued due to the regulatory breach. FSA has also considered the mitigating and aggravating factors and need to apply any settlement discount in imposing the high penalties (Davidson 2010). Main legal aspects of the cases The Financial Services and Markets Act 2000 and Market Abuse regulations of 2005 mainly deal with insider dealings and market price manipulation misconducts. The offence must occur in the prescribed markets. The prescribed markets include the markets governed by UK recognized investment exchanges (RIE) and other markets in the EEA countries. Some of the financial markets in the UK, where such market abuse occur include ICE futures, London stock exchange and London Metal exchange limited. Other markets include the NYMEX Europe limited and EDX London Ltd (Davidson 2010). The qualifying investments that are governed by FSA market abuse regulations include the transferable securities like shares, securitized debts and bonds that are regulated by the ISD directive. Other securities include the forward interest agreements, currency and interest rate swaps, future contracts and derivative securities. Firms are required to report any suspect dealings and implement adequate internal control and compliance mechanisms (Davidson 2010). FSA has the powers to deal with misconduct that is not necessarily market abuse bu t that breach the guiding principles of FSA. Sections 401 and 402 allow FSA to prosecute various financial markets offenses under the Financial Services and Markets Act of 2000 and any other relevant legislation (Pettet 2001). Some offenses include offering securities for sale to the public without publishing a prospectus since FSA listing requirements under Section 85(2) require the issuer to provide a prospectus before the actual listing. Section 397 of the Act prohibits firms and individuals from making fraudulent and misleading statements and manipulating the market fundamentals (Pettet 2001). Insider dealing is one of the criminal offenses that have led to high penalties to individuals. Insider trading is a criminal offence if the individual transacts the securities with inside information, or encourages another person to transact in the securities while in possession of inside information that is not available to other market participants (Davidson 2010). If the insider avails information to a market player other than in the ordinary performance of his duties or employment, FSA will consider such act as criminal insider dealing. Section 52(3) outlines that the above offenses are committed when dealing with a security in the regulated market or where transactions of price affected securities are executed by an individual using the inside information or are conducted by a professional intermediary using such inside

Philospher Friedrich Nietzsche Essay Example | Topics and Well Written Essays - 1250 words

Philospher Friedrich Nietzsche - Essay Example Since Nietzsche was clearly concerned with the question of whether good and evil exist in the world, Zarathustra is a natural focus for his attention. In considering the question of suicide, the first chapter where Zarathustra comes down from the mountain is significant: from his lofty position, "Zarathustra wants to become man again" (Nietzsche, page 122). The old man criticizes him: "You lived in your solitude as in the seaAlas, would you now climb ashore Alas, would you again drag your own body" (Nietzsche, page 123). This is a question of life and death - Zarathustra, who has been free of his mortal shackles, now returns, to drag his own body. The spiritual and physical separation of Zarathustra is an example of the living and dead being: at the beginning of the book, Zarathustra has most clearly chosen life. Moreover, he has decided that God, or the spiritual side, is "Dead", i.e., that only the physical self exists. "All beings so far have created something beyond themselves; and do you want toeven go back to the beasts rather than overcome man" (Nietzsche, 125). The soul and the body are not equal, and to believe in life af ter death is to deny current life "Do not believe those who speak to you of otherworldly hopes!...Despisers of life are they, decaying and poisoned themselvesso let them go" (Nietzsche, page 125). What Nietzsche appears to be saying here is that those who focus upon life-after-death, to the detriment of the physical present, are no different from suicides, who also long for death (for different reasons); Nietzsche seems to condemn both as poisonous to other men. He also attacks them later, in "On the afterworldly": "It is not in afterworlds and redemptive drops of blood, but in the body, that they too have most faithbut a sick thing it is to them, and gladly would they shed their skins. Therefore they listen to the preachers of death and themselves preach afterworlds." (Nietzsche, page 145). Those who hanker after the afterworld, the life-beyond-death, are too fond of their bodies to let go, but at the same time, their desire to continue with their lives leads to an obsession with d eath, and life after death, that denies the very body they admire. Those who wish to live on after death are followed in almost biblical procession by those who despise the body. Nietzsche is very sarcastic about these teachers: "I would not have them learn and teach differently, but merely say farewell to their own bodies - and thus become silent" (Nietzsche, page 146). He contrasts the self with the body: "Your self itself wants to die and turns away from life" (Nietzsche, page 147). The chapter which criticizes "The Preachers of Death", again suggests that those who despise the body are suicidal: ""These are the preachers of death; and the earth is full of those to whom one must preach renunciation of life" (Nietzsche, 156). He uses very withering sarcasm, seeming to cut back their ideals to the basic premise: "The earth is full of the superfluous; life is spoiled by the all-too-many. May they

Culture and Hipster Central Dogma Essay Example for Free

Culture and Hipster Central Dogma Essay Hipster is a subculture of young (15 25), urban middle class adults and older teenagers that appeared in the 1990s.The subculture is associated with non-mainstream lifestyle. They value independent thinking, progressive politics, creativity, intelligence and non-mainstream fashion sensibility. Most of them can be found living in the big cities like New York, Chicago, and San Francisco. Also hipsterism is often intertwined with distinct fashion sensibilities .Hipsters reject the culturally-ignorant attitudes of mainstream consumers, and are often be seen wearing vintage, tight jeans, old-school sneakers, and often thick rimmed glasses. Men and women hipsters have similar androgynous hair styles that include combinations of dirty shag cuts and asymmetric side-swept bangs. Such styles are the work of creative stylists at urban salons, and are usually not mainstream. Despite the misconception made ​​on the external image, hipsters tend to be well educated in sciences, which require certain creative analytical thinking abilities. This leads to the fact that they find themselves in creative works, such as music, art, and fashion industries. It is a myth that most hipsters are unemployed and live off of their parents trust funds. Hipsters shun mainstream, It is part of the hipster central dogma not to be influenced by mainstream advertising and media. This is tends to only promote ethnocentric ideals of beauty, the concepts of androgyny and feminism have influenced hipster culture, where hipster men are often as thin as the women they date. Women view the muscular, athletic and other male ideals as symbols of their oppression, sexism, and misogyny. Likewise, culturally-vapid sorority-type girls with fake blond hair, overly tanned skin, and Britney Spears tube-tops are not seen as attractive by cultured hipster males who instead see them as symbols of female insecurity, low self-esteem, and lack of cultural intelligence and independent thinking. Likewise, girls with fake blond hair and overly tanned skin are not seen as attractive by cultured hipster males who instead see them as symbols of female insecurity, low self-esteem, and lack of cultural intelligence and independent thinking. There are many interracial couples in hipster subculture because they are very racially open-minded. Although hipsters are conformists within their own subculture, in comparison to the much larger mainstream mass they are pioneers latest cultural trends and ideals. For example many bands have become successful and known to mainstream audiences only because hipsters first found and listened to them as early-adopters of new culture. Once certain concepts of fashion and music have reached mainstream audiences, hipsters move on to something new and improved. Once something from fashion and music have reached mainstream audiences, hipsters move on to something new. Because of the rise of various online photo-blog and social networking sites, insights into urban hipster culture is reaching sheltered suburban audiences at an exponential rate. Cultural norms have been deconstructed by hipster culture as a whole.

Private Schools vs. Public Schools Essay -- Private Schools vs. Public

Choosing between a public or a private school for one’s education is as important as deciding where to invest one’s hard-earned money—the consequences influence one’s life forever. In the United States, it is the law for every child to be educated. However, the decision as to where to go for one’s education is up to each individual. There is a great deal of debate as to which is the better option: for-profit private schools or one’s local public school. Ultimately, the decision is made regarding the individual student’s needs and capabilities; but if the opportunity is available, attending a private school is more beneficial. Private schools provide a better quality of education than public schools. Notable alumni and current pupils, specialized curriculum, as well as dedicated teachers and school pride make this possible. One of the most important attributes of any school is the people, both students and faculty members, th at are apart of it, and this is one of the leading factors in support of private schools. Students from any community can attend private, for-profit schools. These academies do not restrict pupils to a certain town or district like public schools. Because of this, students get to meet many new peers who they wouldn’t have met otherwise, and therefore see new perspectives. The best way to learn about something is to listen to those who have already experienced it. Many alumni who have graduated from various private schools went on to become successful. A scholar who studied the topic stated, â€Å"It is no coincidence that politicians, athletes, journalists, and judges are drawn from private schools† (GIC Database 1). In order to become such influential people, they first had to receive a high quality e... ...chools outperform others. Successful and influential people often come from private schools. Private schools have specialized curriculum. Private schools are selective so there’s a lot of school pride and dedicated teachers. Schooling affects what university a person applies for and goes to, and their career and hobbies. It has the power to make them the wealthiest or happiest person in the world. It can lift them to great heights. It has the power to make them the wealthiest or happiest person in the world. It can lift them to great heights. Works Cited Cloud, John. "Are Private Schools Really Better?" Time. Time Inc., 10 Oct. 2007. Web. 13 Mar. 2014. "Private versus Public." GreatSchools. N.p., n.d. Web. 12 Mar. 2014. "Should private education be a moral issue for parents?" Times [London, England] 1 Feb. 2013: 21. Global Issues In Context. Web. 3 Mar. 2014.

Separation, Divorce & Annulment

SEPARATION, DIVORCE & ANNULMENT Introduction When two people are in a relationship they are usually in it forever. Unfortunately, it isn’t always the case and as you will learn in this unit, there are many things that could potentially be blamed for the breakdown of such relationships. This topic takes you into the world of divorce which is never an easy thing for any couple and if there are children involved (and there usually are); it makes the experience even worse. Some couples split amicably while for others the parting can drag on in what could seem like forever where the accusations and blame is often hurled from one party to another.In many countries, there has been a shift towards ‘no fault’ divorce. A no fault divorce is divorce in which the dissolution of a marriage does not require fault of either party to be shown, or the requirement of any evidentiary proceedings to take place. So either party may request a divorce despite the objections of the other party. No fault divorce systems are where the law provides for only one ground for divorce – this is that the marriage has broken down irretrievably (see example, s30(1) Family Law Act, Fiji).This does not necessarily mean that both parties to the marriage were equally blameless for the breakdown in the relationship but it does recognise that both may have contributed to that breakdown and that blame and accusation can aggravate what is likely to already be an unhappy and often bitter situation. Accusations and recriminations do not help this and may be particularly damaging for any children of the marriage, who, despite whatever the feelings of their parents, still need to have a mother and father.While marriage remains an important cornerstone for the stability of society and social ordering, the law allows divorce and provides a framework both for that divorce and for the consequences of that change of status especially as regards any children of the marriage and any prop erty interests which have arisen due to the marriage. 1. Ground s for Di v or c e Grounds for divorce are statutorily provided for throughout the region. They include: i. adultery ii. desertion iii. refusal to consummate iv. cruelty v. habitual drunkenness or habitual intoxication vi. onvictions for various criminal acts vii. failure to financially support the petitioner viii. failure to comply with a decree for the restitution of conjugal rights ix. being of unsound mine x. living apart for five years from the respondent with no intention of cohabiting xi. Presumed dead. LW310 Family law 4. 6 In Tuvalu, unless one party to a marriage has wilfully refused to consummate it, or the marriage was induced by fraud, duress or mistake, the sole ground for divorce is that the marriage has broken down completely (Matrimonial Proceedings Act [Cap 21] (Tuvalu) section 9).Evidence which may be accepted by the court to show that the marriage has broken down includes adultery, desertion, cruelty, being of unsound mind or if, in the circumstances, it would be unreasonable to expect one party to continue in the marriage. Whatever the evidence, however, the court must determine whether or not the marriage has completely broken down. A more restrictive approach is taken by Nauru where the court must find that the marriage has broken down irretrievably and it may only do so on one of four grounds.These grounds are desertion, separation for two years with consent of both parties or separation for five years and certain behaviour. These grounds need to be proved or parties need to fulfil strict conditions. The conditions relate to: †¢ living apart, †¢ attendance at court each month for six months after presentation of the petition, †¢ consistent and voluntary statements requesting the marriage to be dissolved and †¢ attempts by the court to promote reconciliation (Matrimonial Causes Act 1973 (Nauru) ss 10 and 12).Tonga prescribes eight matrimonial offences alth ough, with consent, the parties may also divorce after two years of separation. READ s 3 Divorce Act [Cap 29] (Tonga) There are only three grounds for dissolution of marriage in Tokelau – adultery, cruelty and three years of living apart (Divorce Regulations 1987 Reg 3). In Kiribati, fault grounds predominate. I-Kiribati parties may divorce if the court finds that their temperaments are incompatible (Native Divorce Act [Cap 60] s 4).However, the Matrimonial Causes Act 1950 (UK) which applies to other races in Kiribati and to foreigners in Solomon Islands, reinforces the fault based position by insisting on the blameless character of the petitioner and the fault of the respondent. In Fiji, the Family Law Act provides only one ground for divorce and that is irretrievable breakdown (s 30). This marks a shift to ‘no fault’ divorce, although often one of the various ‘matrimonial offences’ which may be relied on as a grounds for divorce elsewhere may have contributed to the irretrievable breakdown of the marriage – for example, adultery by one of the spouses.However a variety of lesser ‘fault’ may have led to the irretrievable breakdown of the marriage. What the court is looking for is evidence of conduct which makes it impossible for the two parties to continue to live as husband and wife in close proximity to each other and sharing the same home, resources and living space. I. Adultery Adultery is one of the most common grounds of divorce where it is still necessary to show fault.For the purposes of obtaining a divorce on the ground of adultery in fault based jurisdictions, a petitioner must prove that the respondent engaged in voluntary sexual intercourse with another person of the opposite sex during the subsistence of the marriage (Coffey v Coffey [1989] P 169). All jurisdictions except for Fiji, Nauru and Tuvalu list adultery as a ground for divorce. READ s3 (1) (a) Divorce Act [Cap 29] (Tonga) In Tuvalu adu ltery, if proved, is prescribed as evidence which a court may accept as causing the marriage to completely break down.READ s 9(a) Matrimonial Proceedings Act [Cap 21] (Tuvalu) The fact of adultery must be proved to the satisfaction of the court although the required standard of proof is unclear. In Elisara v Elisara [1994] WSSC 14 the proof consisted of testimony of the petitioner and her sister that they had found the co-respondent â€Å"half dressed inside the matrimonial home† as well as the respondent’s admission. Chief Justice Sapolu recited the facts as follows; „The petitioner, the wife, and the respondent, the husband, are a married couple having been married on 5 January 1980.In the first quarter of 1993, the petitioner was under suspicion that her husband, the respondent, was having an affair with the co-respondent. The respondent was director of the Department of Lands and Environment until near the end of 1992. The co-respondent was a secretary in the same department. Due to her suspicions, the petitioner and her cousins kept watch of the respondent? s whereabouts on the nights that the petitioner and the respondent were not together. Then one night in the beginning of April 1993, the petitioner asked the respondent to drop her off at her family at Savalalo.Not very long after the petitioner was dropped off, she headed back with her sister and cousins to their matrimonial home at Waivaseuta. When they arrived at Vaivase-uta the lights downstairs of the matrimonial home were on but not the lights upstairs. The respondent came out of the house and asked the petitioner as to why she was there. The petitioner gave the excuse that she was there to look for a parcel. She searched every bedroom in the house and found the co-respondent in one of the bedrooms half-naked. She told the respondent this is the last time you will see me again in this house and then left.The petitioner? s sister also testified that she saw the co-respondent ha lf dressed inside the matrimonial home at Vaivase-uta on the same night. LW310 Family law 4. 8 In his evidence, the respondent admits having committed adultery with the co-respondent. He says he has never denied to his wife, the petitioner, that he had committed adultery with the co-respondent. The corespondent did not appear to give evidence. On this evidence, I find that the ground of adultery alleged in the petition had been established. Accordingly a decree is granted to dissolve the marriage of the petitioner to the respondent.?However, in Bhagmati & Another v Ishri Prasad [1974] 20 FLR 75, the Court dismissed an appeal by a wife against an order for dissolution of the marriage on the basis that admissions made by her were not voluntary. Mr. Justice Bodilly stated that: ‘The Court must have sufficient evidence before it to be reasonably satisfied. I think that it is clear that a court would not be reasonably satisfied upon a mere balance of probability, on the other hand I do not think that the standard of proof required is as high as that in criminal cases, namely beyond any reasonable doubt. It lies somewhere between the two?. READ THE CASE NOWProving adultery can be difficult and may depend on circumstantial evidence. Read the case of Sugar v Fatafeti [1993] TOSC 2 for an illustration of this. A fraudulent secret understanding between the parties – collusion – is also one of the discretionary bars available to some courts in the region. READ s 11 (2) Divorce Act [Cap 29] (Tonga) Condonation or connivance may also act as a bar to the relief sought by the petitioner, whilst forgiveness by the petitioner provides the respondent with a defence in the Marshall Islands, provided that the forgiving party is treated with â€Å"conjugal kindness† (26 MIRC 1 s17).See the Vanuatu case of Ilaisa v Ilaisa [1998] VUSC 16 where the question of condonation is considered. Adulterers must be joined as co-respondents in proceedings for divorce on the basis of adultery in most jurisdictions unless they are excused by the Court on special grounds. See Cook Islands Matrimonial Proceedings Act 1963 (NZ) s 22; Samoa Divorce and Matrimonial Causes Ordinance 1961 s 11; Kiribati and Solomon Islands Matrimonial Causes Act 1950 (UK) s 3 and Vanuatu Matrimonial Causes Act [Cap 192] s17. In Niue this is at the discretion of the court ((NZ) Niue Act 1966 s537.READ s 11 Divorce and Matrimonial Causes Ordinance, 1961 (Samoa) Proceedings against co-respondents may be dismissed by the Court if there is insufficient evidence against them. See for example, Samoa s. 10. LW310 Family law 4. 9 READ s 6 Divorce Act [Cap 29] (Tonga) In some countries petitioners have a right to claim damages against corespondents. See for example, Vanuatu, Solomon Islands and Kiribati. The Solomon Island and Vanuatu Acts provide that a petitioner relying on adultery as a ground for divorce may claim damages from any person.The amount of damages which may be clai med against co-respondents is prescribed in Tonga. READ s. 13 Divorce Act, 1927 (Tonga) In Cook Islands, Vanuatu and Tonga the courts may direct the manner in which such damages are to be paid or applied and the sex of the petitioner or respondent is irrelevant. However, only petitioner husbands in the Solomon Islands and non i-Kiribati in Kiribati may claim damages in adultery cases. The categorisation and amount of such damages, which are not specified in the Acts, (except in Tonga) has been the subject of some judicial concern.In Tonga where the amount claimed is specified, the court found in ‘Afa v Tali & Sika [1990] Tonga LR 185 that the maximum amount of damages should only be awarded where it was shown on the balance of probabilities that the conduct of the co-respondent brought about the breakdown of the marriage by, for example, seducing or enticing away the respondent. Further, damages were to be based on- (a) The actual value of the wife (sic) (in terms of money and companionship); and (b) Compensation for injury to feelings, honour and family life. Damages are measured as compensation and not to punish or make an example of the Co-respondent.This idea of damages as compensation rather than punishment was elaborated further in Lamatau v Mau [1991] TOSC 3. It has been indicated however that the award of damages is becoming less common and that the courts are reluctant to allow a change of claim to include damages – see Mamata v „Akolo [2001] TOSC 47. The Vanuatu case of Banga v Waiwo is further illustrative of the difficulties faced by courts in the region when interpreting legislation derived from colonial sources whilst attempting at the same time to acknowledge custom law and respond to local social conditions.This matter originated in the Senior Magistrates Court where the petitioner gave evidence that customary meetings had been held with regard to the marital dispute. As a result of these meetings the chiefs decided that the husband was to pay 20,000 vatu to the co-respondent’s husband and the co-respondent was to pay the wife 5,000 vatu and two pieces of calico. The petitioner was also to pay the co-respondent 5,000 vatu because she had â€Å"insulted† the co-respondent. Having refused to accept this decision, the petitioner approached the Court for a divorce and claimed 100,000 vatu damages against the co-respondent.The solicitor for the co-respondent argued that the sum claimed was excessive and amounted to punitive damages. Reference was made to the Matrimonial Causes Act 1965 (UK) on which the Vanuatu Act is based. In the UK, it was argued, damages are awarded on a compensatory basis only and this should also be the approach of the law in Vanuatu. The amount awarded by the Chiefs, namely 5,000 vatu, was submitted as being appropriate as compensation â€Å"for the loss of the Husband (sic). â€Å"On behalf of the petitioner it was submitted that section 17 (1) of the Act should be in terpreted according to the intention of Parliament. That section states that; †¢ A petitioner may on a petition for divorce claim damages from any person on the ground of adultery with the respondent. † †¢ It was also contended that â€Å"adultery is a serious offence in Vanuatu communities and that punitive damages are often given for adultery which show clearly that Vanuatu local circumstances are different from those of the United Kingdom.The Senior Magistrate (then) considered the issue of the interpretation of section 17 of the Act and referred to the rules in Heydon? s case (1584) as restated in Re Macmillion v Dent (1907) 1 Ch 120, Brett v Brett (1826) 2 D and s 8 of the Vanuatu Interpretation Act CAP 132. In determining the intention of parliament the Senior Magistrate found circumstances in Vanuatu to be quite different from those in the United Kingdom and the Acts themselves to differ in important respects. Unlike the position in the UK Act, which allows o nly a petitioning husband to claim damages, the Vanuatu Act is not so limited.In comparing the UK and Vanuatu jurisdictions, it was noted that in Vanuatu the law recognises civil, religious and custom marriages and customary law, pursuant to Article 95(3) of the Constitution. Further, because adultery is considered a serious offence on the basis of custom, ‘any damages claimed by the Petitioner against the Co-Respondent should be awarded in accordance with customary law. ’ The Senior Magistrate did not categorise the type of damages to be awarded. He found in favour of the petitioner with regard to the amount of damages, however, stating that, „†¦ 00,000 Vatu damages claimed against the Co-Respondent is not excessive and it should be awarded to the Petitioner in accordance with customary law. ’ The matter then went on appeal to the Supreme Court of the Republic of Vanuatu where Chief Justice Vaudin d’Imecourt held that, whilst exemplary damages could be awarded in an appropriate case, no evidence justifying such an award had been presented to the court. His Honour considered that custom law only LW310 Family law 4. 11 applied where no other law was in force. The Court also found that custom law is not uniform in Vanuatu and; Although it is conceivable that there might not be a need for strict rules regarding the obtaining of evidence of a particular custom if and when the need arises to establish a particular custom, evidence must, nevertheless, be obtained and a clear custom must be established. ’ READ Waiwo v Waiwo [1996] VUMC 1 and Banga v Waiwo [1996] VUSC 5 In Solomon Islands and Kiribati where UK Acts still apply, damages for adultery may be claimed by petitioner husbands. Where damages are not available the court may order an adulterer to pay costs. S t u d y T a s k 1 CONSIDER THE FOLLOWING QUESTIONSAdultery and Divorce 1. Do you think it is sufficient for the petitioner to simply show that the respondent ha s committed adultery OR that the respondent has committed adultery AND ALSO that the petitioner finds it intolerable to live with the respondent? 2. If it is sufficient only to show that the respondent has committed adultery is one incident of adultery sufficient? 3. To what extent should the court investigate the claim? If the petitioner files an affidavit stating he or she believes the respondent to have to have committed adultery is that sufficient? . What does adultery as a ground for divorce which is frequently relied on tells us a) about marriage b) about people? 5. Should it make any difference to a divorce petition if the petitioner has also committed adultery? 6. Is the adultery of a woman more serious than that of a man? If yes why? 7. If the ground for divorce is irretrievable breakdown or final breakdown of a marriage and the matrimonial fault relied on is adultery, should this be viewed more gravely than other matrimonial offences such as cruelty, habitual drunkenness, or desertion? . Could adultery be claimed as the ground for divorce even if in fact it is not this but other factors which have led to the irretrievable breakdown of the marriage? 9. To what extent should the law of divorce be used to punish adultery? 10. What is the advantage/disadvantage of joining a co-respondent to adultery in a divorce action? 11. Should a petitioner be able to claim damages from more than one corespondent? What are damages for in such cases? 12.Would it make any difference if the respondent had promised to marry the coLW310 Family law 4. 12 respondent? 13. Should a co-respondent ask if the respondent is married before having intercourse with him or her? 14. Should it make a difference – in law – if the co-respondent is married or not? 15. Is adultery a) unlawful b) immoral c) a fact which may be evidence of the breakdown of a marriage? 16. Should any consideration be given to the fact that there are children born from the adulterous union? II. De sertionIn Tuvalu and Nauru the sole ground upon which a petition for divorce may be presented is that the marriage has â€Å"completely broken down† (Matrimonial Proceedings Act Tuvalu s 9(1) and â€Å"broken down irretrievably†(Matrimonial Causes Act 1973 s 8 Nauru) respectively. In Tuvalu, desertion â€Å"without reasonable cause† (s. 9(2)(b) may be accepted as evidence of marriage breakdown whilst in Nauru it is one of the grounds which, if proved, can lead to a finding that the marriage has broken down irretrievably. (s 9 (1)(a)(ii) Desertion is not a ground for divorce in Tokelau.READ ss 9(1) and 9 (2)(b) Matrimonial Proceedings Act [Cap 21] (Tuvalu) The applicable provisions in Kiribati, (Native Divorce Ordinance s 4(b) and Matrimonial Causes Act (UK) 1950 s 1(b)) Niue ((NZ) Niue Act 1966 s 534(3)(c)) Solomon Islands (The Islanders Divorce Act [Cap 48] S5(1)(b) and Matrimonial Causes Act 1950 (UK. ) s 1(b)) and Vanuatu ( Matrimonial Causes Act [Cap 192] s 5(a)(ii)) state that the respondent must have deserted the petitioner without just cause (the wording in the Kiribati and Solomon Islands legislation is â€Å"without cause†) for at least three years.In the Cook Islands and Nauru the period is two years prior to filing the petition ( Matrimonial Proceedings Act, 1963 (NZ) s 21 (c) and Matrimonial Causes Act 1973 ss 9(1)(ii), 12 (3). 54) Wilful desertion is statutorily provided for in Cook Islands (Matrimonial Proceedings Act, 1963 (NZ) s 21 (c)); Marshall Islands (26 MIRC 1 s 15 (c)); Samoa (Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(b)) and Tonga (The Divorce Act [Cap 29] s 3(1)(c)). LW310 Family law 4. 13The Marshall Islands Act prescribes a period of not less than one year before wilful desertion may be alleged, Samoa prescribes three years and the other jurisdictions prescribe two years. READ s 7(1) (b) Divorce and Matrimonial Causes Ordinance, 1961(Samoa) There appears to be no difference in law between wilful desertion and desertion as in all cases the burden is on the petitioner to show that throughout the statutory period the desertion subsisted without cause. A distinction can be made however between desertion and constructive desertion.Facts presented to the court must show that the respondent intended to leave the marriage and that the desertion was against the will of the petitioner. If the behaviour of one party to the marriage causes the other to leave the matrimonial home then constructive desertion may be argued. Cook Islands also allow desertion to continue notwithstanding that during the period of the desertion the deserting party becomes â€Å"incapable of forming or having an intention to continue the desertion† (Matrimonial Proceedings Act, 1963 (NZ) s 24)A review of desertion as a ground for divorce can be found in the Solomon Island case of Kikolo v Aberam [2002] SBHC 28. In the Fiji case of Kistamma v Sarojini [1977] 23 FLR 86, desertion was not made out because the respondent was found to have made a genuine offer to return to the marriage. See also Ledua v Uluiborotu [1994] FJHC 182 and compare Peck v Peck [1993] FJHC 34 There may be some confusion between desertion as a ground for divorce and separation. This was considered in the case of Peck v Peck [1993] FJHC 34 III. Failure to Consummate the MarriageThe issue as to whether or not the marriage has been consummated is dealt with in some jurisdictions as a ground for divorce and in others as rendering the marriage voidable. The latter approach is taken by Cook Islands (Matrimonial Proceedings Act, 1963(NZ) s 18 (2)(a)); Nauru (Matrimonial Causes Act 1973 s 22 (e)); Samoa (Divorce and Matrimonial Causes Ordinance 1961 s 9(3)(a)); Solomon Islands (The Islanders Divorce Act [Cap 48] s13 (1)(a) and Matrimonial Causes Act 1950 (UK. ) s 8 (1)(a)) and Vanuatu (Matrimonial Causes Act [Cap 192] s 2(1)(a)).In Fiji, if a party was incapable of consummating, the marriage used to be rendered voidabl e (Matrimonial Causes Act [Cap 51] s 9(1) (a)) 70 whilst wilful and persistent refusal to consummate was a ground for divorce (Matrimonial Causes Act [Cap 51] s 14(c)). The new Family Law Act abolishes this ground for divorce. Inability of failure to consummate may however lead to the irretrievable breakdown of the marriage. In Tuvalu the term â€Å"voidable† is not used but wilful refusal to consummate provides an entitlement to divorce (Matrimonial Proceedings Act [Cap 21] s 8).LW310 Family law 4. 14 The Marshall Islands legislation provides that:- ‘A decree annulling a marriage may be rendered on any ground existing at the time of the marriage which makes the marriage illegal and void or voidable. A court may, however, refuse to annul a marriage which has been ratified and confirmed by voluntary cohabitation after the obstacle to the validity of the marriage has ceased, unless the public interest requires that the marriage be annulled. (26 MIRC 1 s 12)?In Kiribati it is a ground for divorce if the respondent has either wilfully refused or is incapable of consummating the marriage (Native Divorce Act [Cap 60] s 4(d)) whilst in Tonga the section is much wider and provides that if:- †¦ the respondent at the time of the marriage is and continues to be incapable of consummating the marriage by reason either of some structural defect in the organs of generation which is incurable and renders complete intercourse impracticable or of some incurable mental or moral disability resulting in an invincible repugnance to sexual intercourse with the petitioner. Divorce Act [Cap 29] s3 (1) (e)) The petitioner has grounds for the marriage to be dissolved. In the region, only Tokelau does not provide for failure to consummate as either a ground for divorce or as possibly rendering a marriage voidable. IV. Cruelty Whilst cruelty is not mentioned specifically in the legislation of Cook Islands, Nauru, Niue and Tonga it is a ground for divorce elsewhere in the region in Kiribati Marshall Islands and Samoa. In Vanuatu, such cruelty must be â€Å"persistent†.A clear consideration of what may amount to cruelty was considered in the case of Kong v Kong [1999] VUSC 41. See also the approach taken in the Marshall Islands where; „the guilt of either party toward the other of such cruel treatment, neglect or personal indignities, whether or not amounting to physical cruelty, as to render the life of the other burdensome and intolerable and their further living together unsupportable? (26 MIRC 1 s 15(b)81) †¦is a ground for divorce.The scope of the cruelty is extended by the Regulations in Tokelau which specify that the cruelty can be directed to the applicant or â€Å"a child of the applicant† (Tokelau Divorce Regulations 1987 Reg. 3). The applicable provisions in Cook Islands, Niue and Samoa require that the respondent be not only habitually cruel but a â€Å"habitual drunkard† as well ((NZ) Matrimonial Proceedin gs Act, 1963 s 21 (e); (NZ) Niue Act 1966 s 534 (3)(d); Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(c)83). LW310 Family law 4. 5 In the Solomon Islands case of Elaine Bui v Anthony Makasi [1993] SBHC 3, the applicant succeeded in obtaining a divorce on the ground of cruelty. Justice Palmer held that it was not necessary to find physical violence and considered four specific allegations. Three of the allegations involved assaults and threats against the petitioner whilst the respondent was drunk and the fourth allegation involved an assault on the eldest child of the parties. READ THE CASE NOW V. Criminal ConvictionsIn the Cook Islands, Samoa, and the Solomon Islands and for non i-Kiribati only a respondent husband can be guilty of rape, sodomy or bestiality and sued for divorce by his wife. (Cook Islands Matrimonial Proceedings Act, 1963(NZ) s 21(1)(h);Kiribati Matrimonial Causes Act 1950 (UK) s 1; Samoa Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(k), Solomon Islan ds The Islanders Divorce Act (Cap 48) s 5 (1) and Matrimonial Causes Act 1950 (UK. ) s 1) In Vanuatu, a wife may divorce her husband if he has been â€Å"convicted of rape or an unnatural offence† (Matrimonial Causes Act [Cap 192] s5).Incest, attempted rape or assault with intent to rape a child of the either party provides a ground for divorce in the Cook Islands Matrimonial Proceedings Act 1963 (NZ) s 21(1) (g) and Niue (Niue Act 1966 (NZ) s 543(f)) as does sexual intercourse or attempted sexual intercourse with the child. Husbands in Niue who commit rape or buggery(s 543(g) or either party to a marriage in the Cook Islands, Samoa or Niue who is convicted of murder may also be divorced.Other criminal convictions which provide a ground for divorce are those which result in various periods of imprisonment including for a life sentence, seven years and five years. (E. g. Marshall Islands 26 MIRC 1 s 15(e) stipulates imprisonment for life or for three years or more; see also: S amoa Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(l) and Tonga The Divorce Act, 1927 s 3 (1)(a)). Serious offences against the petitioner are also specifically provided as a ground for divorce in three jurisdictions.In three of these, offences against a child of the parties are included: Cook Islands (Matrimonial Proceedings Act, 1963(NZ) s 21(1) (f); Niue (Niue Act 1966 (NZ) s 534 (3) (e)) and Samoa (Divorce and Matrimonial Causes Ordinance 1961 s 7 (d)) READ s 7(d) Divorce and Matrimonial Causes Ordinance, 1961(Samoa) VI. Drunkenness In the jurisdictions where drunkenness is a ground for divorce, such as Cook Islands (Matrimonial Proceedings Act 1963(NZ) s 21(1) (f)) Samoa (Divorce and Matrimonial Causes Ordinance 1961) s 7(1) (d)) and Niue (Niue Act 1966 (NZ) s 534 (3) (e)) the legislation is not uniform although the CookIslands, Niuean and LW310 Family law 4. 16 Samoan Acts are in very similar terms. As noted above these Acts link drunkenness and cruelty. They also link other behaviour with drunkenness along the lines of traditional gender roles in marriages, as illustrated by the Samoan provision which states; that the respondent has for three years or more been a habitual drunkard and has either habitually left his wife without sufficient means of support or habitually been guilty of cruelty toward her; or, being the petitioner? wife has for a like period been a habitual drunkard and has habitually neglected her domestic duties and rendered herself unfit to discharge them. (Divorce and Matrimonial Causes Ordinance 1961) s 7(1) (c)) In the Cook Islands and Niue, the relevant section is in similar terms with a three year time period for a husband who is a habitual drunkard or drug addict and who either leaves his wife without means of support or who is habitually cruel to her. (Cook Islands Matrimonial Proceedings Act, 1963(NZ) s 21(1) (e); Niue, Niue Act 1966 (NZ) s 534(3) (d)).A wife must be similarly addicted and either habitually neglect her do mestic duties and have been unfit to discharge them or be habitually guilty of cruelty towards the husband. (Cook Islands Matrimonial Proceedings Act, 1963 (NZ) s 21 (e)(i)which prescribes a period of two years following amendment by the Cook Islands Amendment Act1982; Niue Niue Act 1966 (NZ) s 534(3) (d)(i)). In the Marshall Islands the time period is reduced to not less than one year.The applicable section requires â€Å"habitual intemperance in the use of intoxicating liquor or drugs† (26 MIRC 1 s 15(d)). Obviously the time restrictions are used to bar applications for divorce after one or several episodes involving excessive use of alcohol or other drugs. VII. Failure to Maintain In Niue and in Samoa a petitioner wife may only rely on insufficient means of support if the respondent husband is a habitual drunkard or addict (Niue Act 1966 (NZ) s 534(3) (d) (i) and Divorce and Matrimonial Causes Ordinance (1961) s 7(1) (c) (Samoa)).The equivalent provision in Marshall Island s targets the â€Å"wilful neglect by the husband to provide suitable support for his wife when able to do so or when failure to do so is because of his idleness, profligacy or dissipation† (26 MIRC 1 S15 (I)). VIII. Presumed Dead In the Cook Islands it is a ground for divorce if the respondent can be presumed dead on reasonable grounds. (Matrimonial Proceedings Act, 1963 (NZ) s 19) Separate provision is made for this in Samoa where five years absence is required (Divorce and Matrimonial Causes Ordinance (1961) s 8) and in Nauru, Marshall LW310 Family law 4. 7 Islands and Vanuatu the period is seven years (26 MIRC 1 s 29; Matrimonial Causes Act 1973 s 29; Matrimonial Causes Act (Cap 192) s13). The United Kingdom legislation applying in Kiribati and Solomon Islands also makes separate provision for a decree of presumption of death and dissolution of marriage after seven years of absence (Kiribati Matrimonial Causes Act 1950 (UK) s 16; Solomon Islands Matrimonial Causes Act 195 0 (UK. ) s 16). IX. Unsound Mind or InsanityIn the Cook Islands a marriage is rendered voidable if at the time of the marriage either party was a â€Å"mental defective† (Matrimonial Proceedings Act, 1963 (NZ) s 18 (2) (b)). Insanity, provided that it has existed for three or more years may provide grounds for divorce in one country (see Marshall Islands 26 MIRC 1 s15 (f)) but other jurisdictions refer to the â€Å"unsound mind† of the respondent to divorce proceedings. The length of time that a person has been of unsound mind, possibility of recovery and proof of the condition are material.Some jurisdictions require that the respondent be under care and treatment continuously for five years prior to the presentation of the petition for divorce (e. g. Cook Islands Matrimonial Proceedings Act, 1963(NZ) s 21(1)(l); Kiribati Native Divorce Ordinance [Cap 60] s 4(e);Kiribati Matrimonial Causes Act 1950 (UK) s 1(d); Niue, Niue Act 1966 (NZ) s 534(3)(k); Samoa Divorce and Ma trimonial Causes Ordinance (1961) s 7(f), (g); Solomon Islands The Islanders Divorce Act [Cap 48] s 5 (1)(d) and Matrimonial Causes Act 1950 (UK. s 1 (d); Tonga The Divorce Act, 1927 s 3 (1)(d); Vanuatu Matrimonial Causes Act [Cap 192] s 5 (a)(iv)). Samoa extends its provision to cover the possibility of a confinement in another country (Divorce and Matrimonial Causes Ordinance (1961) s 7(1) (g)). The Cook Islands, Niue and Samoa also cover the possibilities of respondents being of unsound mind intermittently and continuously for a number of years (Matrimonial Proceedings Act, 1963 (NZ) s 21(1) (j), (k); Niue Act 1966 (NZ) s 534(i) (j); Divorce and Matrimonial Causes Ordinance (1961) s7 (f) & (g)).Respondents must be either â€Å"unlikely to recover† (Cook Islands, Niue, Samoa, Tuvalu) or â€Å"incurably of unsound mind† (Kiribati, Solomon Islands, Tonga and Vanuatu). Reference may be made to applicable Mental Health legislation (Kiribati, Niue, Samoa, Solomon Islands and Tuvalu). There is no reference to insanity or unsound minds in Nauru or Tokelau. READ s 7 Divorce and Matrimonial Causes Ordinance, 1961(Samoa) X. Marital Breakdown – Living Apart The legislation in Marshall Islands, Nauru and Tonga provides a â€Å"catch all† provision in identical terms dealing with the behaviour of the respondent generally.The provisions require that the petitioner â€Å"cannot reasonably be LW310 Family law 4. 18 expected to live with the respondent† because of that behaviour (Marshall Islands 26 MIRC 1 s 9(1) (a); Nauru Matrimonial Causes Act 1973 s 9(1) (a) (i); Tonga The Divorce Act, 1927 s 3 (1) (g)). The parties are treated as living apart in Nauru unless they are living with each other in the same household although they may live together for a period or periods not exceeding six months, in an attempt to reconcile, without prejudice.In wider terms, the Tuvalu Act allows parties to divorce on proof that the marriage has broken down where â€Å"in the circumstances it would be unreasonable to expect one party to continue in the marriage relationship with the other†. READ s 9(2) Matrimonial Proceedings Act, (Cap21)(Tuvalu) When a party asks for a divorce on the ground that petitioner and spouse are living apart, is this just another way of claiming that petitioner has been deserted or is this a different ground? Some answer to that question might be provided in the case of Ng Lam v Ng Lam from Samoa.READ the Ng Lam case now XI. Incompatible Temperaments Kiribati is the only jurisdiction to allow divorce on the basis that the temperaments of the parties are incompatible (Native Divorce Ordinance [Cap 60] s 4(j). This is a significant departure from other jurisdictions and is clearly a no fault ground for divorce. The closest comparison is the provision in Tuvalu relating to â€Å"circumstances† as described in the preceding paragraph. However in Fiji, incompatibility of temperament might be a cause of the irretrievable breakdown of the marriage.XII. Disease Whilst the contraction of disease may render a marriage voidable in most jurisdictions it can be used as a ground for divorce in others. Kiribati prescribes â€Å"venereal disease† as a ground for divorce if certified as such by â€Å"a medical officer†(Native Divorce Ordinance [Cap 60] s 4(g)) whereas Tonga specifies affliction with â€Å"an incurable disease capable of being transferred to the petitioner by contagion of infection† (The Divorce Act [Cap 29] s 3 (1) (d)).The Marshall Islands prescribes leprosy as a ground for divorce (26 MIRC 1 s 15(g)) XIII. Other Grounds The Marshall Islands lists â€Å"neglect† or â€Å"personal indignities† as grounds for divorce if this renders the life of the other party â€Å"burdensome and intolerable† and the married life â€Å"unsupportable† (26 MIRC 1 s 15(b)). Kiribati has the additional grounds of epilepsy (Native Divorce Ordinan ce [Cap 60] s 4(f)); duress or mistake (s 4(h)) and parties within prohibited degrees of LW310 Family law 4. 9 consanguinity or affinity (s 4(i)) as grounds for divorce. Other jurisdictions categorise such issues as rendering a marriage void or voidable (e. g. Cook Islands Matrimonial Proceedings Act, 1963(NZ) s 7(1) (a) (ii); Niue Niue Act 1966(NZ) s 515). Similarly, the Tongan Act states that it is a ground for divorce if a respondent has a former spouse still living (s 3 (1)(b)), whereas this situation renders a marriage void in Cook Islands, Nauru, Solomon Islands, Samoa and Fiji.The Cook Islands and Niue provide that a husband can file for a divorce if without his consent his wife has been â€Å"artificially inseminated with the semen of some man† other than himself (Matrimonial Proceedings Act, 1963 (NZ) s 21(1)(b) and Niue Act 1966 (NZ) s 534(3)(b)). A marriage is rendered voidable in Cook Islands (Matrimonial Proceedings Act, 1963 (NZ) s 18 (2) (d) and IN Vanuatu (Mat rimonial Causes Act (Cap 192) s 2 (1) (d)) if a wife is pregnant at the time of her marriage by some person other than the petitioner.The Cook Islands takes this situation further by providing for dissolution where a woman other than the petitioner wife is pregnant by the respondent (Matrimonial Proceedings Act, 1963 (NZ) s 18 (2) (d)) 2. Cus tomar y Di vor c e The divorce laws of the region are governed by written legislation – much of it introduced under colonial administration and now therefore, quite out of date. Where marriages may be entered into according to custom then customary divorce applies. This occurs in Vanuatu and Solomon Islands. Customary divorce also has some problems.Consider the two cases below. Both are from Melanesia. In all other respects, the two cases are very different. As you read To? ofilu v Oimae, a case from Solomon Islands, and the Wagi Non case from Papua New Guinea, consider what differences, if any, there are between the customary law of div orce and the statutory law of divorce. Consider also the attitudes of the two judges towards custom. READ To? ofilu v Oimai now And, when you have finished that case READ Application of Wagi Non 3. RECOGNITION OF FOREIGN DIVORCE DECREESAs Pacific people acquire greater mobility and come into contact with people of other nationalities and who are domicile in other countries it is not unusual that marriages and divorces occur outside the region or in a different jurisdiction. It is therefore important to know what recognition is given by domestic law to these decrees. LW310 Family law 4. 20 In Nauru, the Recognition of Foreign Divorces, Legal Separations and Nullity of Marriages Act 1973 provides guidelines for judicial recognition of foreign orders or decrees. The following sections give the grounds for recognition and the exceptions from recognition respectively:- . 4 (1) The validity of a foreign divorce, legal separation, annulment of marriage or declaration of invalidity of marri age shall be recognised if, at the date of the institution of the proceedings in the country in which it was obtained – (a) either spouse was habitually resident in that country, (b) either spouse was a national of that country; or (c) the proceedings by means of which it was obtained were held in the exercise in that country of a jurisdiction similar to any jurisdiction conferred in the Family Court in respect of proceedings in Nauru by section 44 of the Matrimonial Causes Act 1973. 2) In relation to a country the law of which uses the concept of domicile as a ground of jurisdiction in matters of divorce, legal separation or nullity of marriage, paragraph (a) of the preceding section shall have the effect as if the reference to habitual residence included a reference to domicile within the meaning of that law. (3) In relation to a country comprising territories in which different systems of law are in force in matters of divorce or legal separation, the preceding provisions of this section, except those relating to nationality, shall have effect as if each territory were a separate country†. s. 9 (1) Recognition by virtue of this Act of the validity of a divorce, legal separation, annulment of marriage or declaration of invalidity of marriage obtained outside Nauru may be refused if, and only if – (a) it was obtained by one spouse – (i) without such steps having been taken for giving notice of the proceedings to the other spouse as, having regard to the nature of the proceedings and all the circumstances, should reasonably have been taken, or ii) without the other spouse having been given, for any reason other than lack of notice, such opportunity to take part in the proceedings as, having regard to the matters aforesaid, he should reasonably have been given: or (b) its recognition would manifestly be contrary to public policy. (2) Nothing in this Act shall be construed as requiring the recognition of any findings of fault made in a ny proceedings for divorce, legal separation or annulment or of any maintenance, custody or other ancillary order made in any such proceedings. LW310 Family law 4. 21 READ the following case Meleisea v Meleisea [1994] WSSC 24 Where legislation does not deal with the recognition of foreign decree, courts must have recourse to the common law. The case example above shows how this may occur in practice. It also highlights possible evidentiary problems when dealing with overseas decrees. 4. Divorce: Marital Agreements, Collaborative Law, Mediation and Family Arbitration Litigation has for a long time been the traditional battlefield for disputing parties within the Family Law.The financial and emotional cost of litigation in the Family Courts is an issue that has often prompted debate over the years. When parties engage themselves in long, drawn out disputes, the strain is not just felt financially, the children will often be victims, courts are clogged with an overflow of cases and the public will end up bearing the burden of resources spent. The time has come for courts to begin utilising different forms of resolving disputes within the courts and one such mechanism is arbitration or alternative dispute resolution (ADR).Dispute resolution is not a new concept to the South Pacific as most societies are familiar with one form or another. ‘Most Pacific societies are familiar with the ideas of â€Å"alternative dispute resolution† without necessarily being familiar with the term. As Vanuatu Chief Justice Lunabek informed a conference on conflict resolution held in Vila in 2000: â€Å"ADR is not a new concept to Pacific Island jurisdictions and, in particular, to Vanuatu. It is, in fact, consistent with traditional methods of dispute resolution that predated the introduction of the formalised system of justice. The resolution of conflict is described as being â€Å"deeply embedded in the culture† in many societies, so that its structures remained unobtrusive.? (Graham Hassal, „Alternative Dispute Resolution in Pacific Island Countries? [2005] 9 (2) Journal of South Pacific Law) In jurisdictions that utilise ADR in the Family Court, there are different processes currently available and these include: i. Counseling This can be likened to a sort of therapeutic process that is aimed at examining the underlying conflict between parties and with the goal of assisting with reconciliation.Parties are encouraged to sort out their differences rather than opting to go to court. In Fiji, one of the key strategies in the Family Law Act to provide support to troubled families is to make available within the Family Court an on-site counseling service. There is statutory requirement under s. 11 of the LW310 Family law 4. 22 Act for the Director of Counseling to „advertise the existence and availability of the counseling and welfare facilities of the respective Family Division? and as far as practicable, to make those facilities available to those seeking such services.The Act provides for three different types of counseling and these are marriage reconciliation, family and child counseling and financial and property conciliation. (See also the Family Protection Act, Vanuatu) Child counseling is an important component because the focus is on the parents coming to an agreement about issues pertaining to the child (ren) and this is done with the belief that the best judges of the children’s best interest are the parents and not the court. Section 50 and 51 of the Family Law Act, Fiji make provisions for child counseling.This is where a parenting plan may be drawn up by the parents. Some issues that the plan will address is where and with whom the child is to reside (focus will be on the effect of relocating a child from a familiar environment), the issue of contact between the child and the non-custodial parent and other persons, the maintenance of a child and any other aspect of parental responsibili ty towards the child. ii. Negotiation (including round table conferences and collaborative law) This seems to be the most common form of dispute resolution in family law.The simplest example of negotiation is where separated parties have discussions with each other to determine if they can resolve some or all of their issues. This is very similar to counselling where parties may be focused on what type of parenting arrangement they will agree to. Parties may choose to conduct negotiations on their own or if this proves too difficult then they may engage the services of their lawyers who will negotiate on their behalf. The latter form is now known as round table conference. A round table conference is one where parties and lawyers meet together, generally at one of the lawyers offices, to undertake settlement discussions. One or both lawyers will initiate the meeting. The conference can be used to resolve any type of legal issues, such as those about parenting and property and financ es. Lawyers need to come to the meeting prepared with all relevant information, such as valuation of properties and superannuation entitlements, where there is property dispute. If a dispute is complex, a series of round table conferences may be needed.? Alexander Harland et al, Family Law Principles (1st ed. 2011) A more complex form of negotiation is known as collaborative law which aims to resolve matters without recourse to litigation. Parties who choose to participate in this type of negotiation must sign an agreement that commits each of them to the process and this agreement includes an undertaking that parties will not resort to litigation. If one party wishes to opt for litigation then the disputing parties’ lawyers must be changed as they had originally signed the agreement on litigation.This is one drawback of this option. ‘Collaborative law may be appropriate where:  ¦ Parties in low conflict are motivated to work together with the assistance of their lawy ers to resolve their dispute, without going to court;  ¦ Parties are committed to negotiating a settlement outcome;  ¦ Parties may have substantial assets, and then can involve their accountant and financial advisors in the negotiation process.? (Alexander Harland et al, Family Law Principles (1st ed. 2011) This form of negotiation first began in the United States and Canada and is today used in Australia. ii. Mediation Mediation is a process where a third party enters the dispute as a sort of referee and to facilitate the discussion between disputing parties. This third party may be someone from the community, the family court, a counsellor, and even lawyers. The Family Court of Fiji operates according to simple, appropriate and effective procedures, offers counseling and mediation support services. „Mediation may be appropriate where:  ¦ Parties are able to negotiate with assistance and want to work towards settlements; Both parties are able to negotiate during the pro cess and are not prevented from doing so by an overwhelming power imbalance, due to family violence, mental health problems, cultural factors or other issues (or the process can be structured in an appropriate way; for example, shuttle mediation in separate rooms and each party has a lawyer representative during the mediation).? (Alexander Harland et al, Family Law Principles (1st ed. 2011) iv. Conciliation This process is not one aimed at getting the parties back together.Rather it is designed to allow for the disputing parties to settle issues regarding the settlement of matrimonial property. ‘The conciliator will be a qualified lawyer who will receive training in conciliation and alternative dispute resolution skills. They will discuss who will live in the matrimonial home or whether it should be sold; whether payments are to made to the Bank for loans; how much maintenance is to be paid for the children or the other spouse if relevant; how income once going into one family will be shared between two homes; their various financial commitments to the Bank or other debtors and any other financial matters.? Imrana Jalal (2009) in Narawa-Daurewa U, The Family Law Act of Fiji, 2003: A Brief Review of Provisions in the Act; The Impact on the Family (with Emphasis on Women? s Access to Justice) (LLM thesis, University of the South Pacific, 2010) Again the idea of this type of service in the Family Courts is to ensure that parties are the best judges and should try to resolve the issues themselves rather than litigating. v. Arbitration Arbitration is again another means of trying to resolve disputes by means of a third party involvement.The difference between arbitration and mediation is that with the latter you always have the choice of backing out or not accepting the options being offered by the other party (spouse). In arbitration, although the arbitrator cannot grant a divorce, they do have power over how property distribution and custody and access issu es are resolved. An upside to arbitration is that parties are able to keep matters out of court and private and it is also more cost effective. The downside is that for jurisdictions that offer arbitration processes in family law the order made by the arbitrator is not binding until registered in court.See for example, the Family Law Act of Australia. Conclusion Arbitration should be advanced as a desirable alternative to litigation. A revision of the family legislation in countries of the South Pacific is necessary at this time in light of the ever-increasing use of arbitration and the developments of the law in this area. Alternative dispute resolution is being used in other areas of law as a means of resolving disputes without litigating and so it begs the question, why is the family law being left behind? . Conc lus ion There are various models of divorce law evident in the USP region which can provide comparisons for reformers. Tuvalu, Kiribati, Nauru and Tuvalu have partial no fault systems and the remainder are largely fault based. Some, however, have retained the concept of matrimonial fault whilst allowing divorce after a relatively short period of separation. Those laws which focus on â€Å"fault† do so because this was the approach of colonial law prior to independence.This has also led, in two countries, to the application of different matrimonial laws to people in the same jurisdiction on the basis of race rather than relying on the domicile or residence of the petitioners. The legislation also reflects a time and culture when the roles of men and women were largely unquestioned and family life was designed for the procreation of children, the passing of inheritance to ones offspring and the restriction of sexual activity to the parties of the marriage exclusively. This is reflected most dramatically in some of the ‘failure to maintain’ grounds.In Samoa, alcoholic husbands must be sure to financially support their wives or face the possibility of divorce while alcoholic wives must determine the nature of their domestic duties and carry them out without neglect. Niue and the Cook Islands alert husbands to the possibility of wives being artificially inseminated with semen which is not theirs, whilst husbands in the Cook Islands and Vanuatu may opt out of a marriage if their wives, at the time of marriage and without their knowledge, were pregnant by a person other than themselves. Wives in the Cook Islands also have redress if their husband has fathered a

Media – ‘Die Another Day’

In the making of the film Die Another Day the creators needed to produce a piece of work that would carry on appealing to many of the audience. They needed to create a film that would be entertaining for the younger generation as new followers of Bond films, while still keeping the same basic formula that had appealed to the older audience for many years. These films have been in the cinemas for forty years and are the longest running film series ever, so this shows the original class of Bond film must work very well. Today each time a Bond film comes out there are increasing box office receipts, partly due to the popularity of the Brosnan Bond films. Nevertheless, the producers thought that the twentieth Bond film needed a change. Either the film style needed changing or an extra dimension needed to be added. They decided to try to keep what they saw as the superior quality of the series of films but to attempt to add more dynamic action and dare-devil stunts to their winning formula. They felt a need to create more tension and excitement. Several special filming techniques help to create tension and excitement. For example a wide variety of shots make the audience feel that they have a good overall view of the ice-lake chase because the camera is constantly cutting, letting the audience know exactly what's happening from every angle. Cutting provides a vast variety of shots in a small space of time i. e. distance shots, rapidly followed by close up shots make the audience feel up-to-date and involved in what is happening. It gives fast-moving action by using close-up and distance shots, for example Zao's cool smirk as Bond's car overturns. Framing is skillfully used to provide the audience with a snap shot of a character's reaction. For example, when Bond's car is overturned we are shown a close up of Zao's smirking face. I think this successfully makes the audience feel involved. Framing is also used to emphasize Zao's disbelief as Bond manages to flip the car back over. By adding daredevil action and special effects the producers manage to create the extra tension particularly enjoyed by the fast-action-loving younger generation. One reason why the Bond films are so successful is because of the excitement and tension in the films even though everyone knows Bond will save the day, kill the baddy and save anyone else caught up in the action, including his lady friend. Even though we know the basis of what will happen in the film before it is premiered at the cinema, we still enjoy the films. I believe that one of the main reasons for this is the thrill of all the action in the Bond films and the original high class of Bond movies, which not only made the earlier films a success, but also continues to make their popularity grow.

Movies essays

Movies essays Sometimes Everyday life is just boring or confusing or frustrating. For this reason, we find the way to relax by having some entertainment such as games, music, books, movies etc. Movies are a kind of entertainment which is popular for people in many age because it is a way of escaping the realities of life. Its only for a short time. Movie allows us to experience undreamed of excitement, adventure, drama, comedy, and romance in our own view. Movie, after all, is not real. But they seem very real. Sometimes, especially if movies are well-done, we forget to distinguish between realities and fantasy while were watching. We can experience many of the same emotional feelings as were the characters in the movies. Movies are a part of our culture showing how we think and what we do. It implies that movies are a kind of education. We can learn something from any movie. Even movies made basically for entertainment teach us something. Many of them deal with social, psychological, or emotional problems. Some movie deals with seriously in the past and creatively. Not movies are education only, but they are also the world. William Shakespeare said, all the worlds stage, his words really came true. Movies transport us to any place on earth, or beyond, or underneath, or even out of the galaxy. When movies become the most popular, they can gross the most money. This is why the movie industry use various advertising techniques to get us to see particular movies, previews of coming attractions, TV spots, advertising in newspaper and on radio. All these help to sell the movies to the public. We can see that movies are the most popular entertainment because they seem to be happening right now and they are the activity that we can share our feeling with other people. And, of course, we see the movies simply because we like to see and enjoy them !!! ...

Problem Solving and Data Analysis KeySAT MathConcepts

Problem Solving and Data Analysis KeySAT MathConcepts SAT / ACT Prep Online Guides and Tips SAT Math is divided intro three domains: Heart of Algebra Problem Solving and Data Analysis Passport to Advanced Math It's a good idea to get really familiar with what's going to be on the test, where it was derived, and what the SAT is really testing. This post will focus on one domain- Problem Solving and Data Analysis. This is an opportunity to get cozy with these concepts, and with the overall tapes of information that test-makers are looking for. Problem Solving and Data Analysis problems are all about applying your math knowledge to practical situations and looking at actual statistics instead of abstract, theoretical scenarios. Basic Information There are 17 questions in this domain (out of 58 total math questions). They aren't labeled or otherwise indicated on the test- you're never told which type of question you're working on. There are no Problem Solving and Data Analysis problems on the no-calculator section. You will always be permitted to use your approved calculator for questions from this domain- though you may not always need it. You will receive a subscore on a scale of 1-15 on this domain. There will be both multiple choice and grid-in questions. You'll be dealing with both single-step and multistep problems; sometimes, it's just a matter of reading the data and parroting it back, while other problems require a bit more manipulation of the numbers. General Concepts The test-makers want to know that you understand math thoroughly enough to use your skills in real-world settings. Quantitative reasoning is also crucial; you should be able to work with numbers and draw conclusions about what they imply. You’ll be working with a lot of numbers. Real-World Applications You should be able to build a representation of a problem. If a scenario is described to you, you should be able to model it mathematically by describing it with expressions and equations. You should know to consider the units involved. If there happens to be a shift of units (from feet to miles, or something like that), you should account for that as you calculate. You should keep track of the practical meaning of quantities. You're going to be representing real values with variables: don't forget what those variables represent. Also, be sure you understand how a change in one of these variables or quantities affects what's happening in the equation. For example, in a line ($y=mx+b$) with a positive slope (or value of $m$), increasing $x$ will also result in an increase in $y$. Data and Statistics There are a lot of graphs, charts, and tables that could be covered on the test. You should be capable of analyzing one-variable data in bar graphs, histograms, line graphs, and box-and-whisker plots- as well as two-variable data in scatterplots and two-way tables. In other words, you should be fluent in reading these various representations of data. You should be able to describe overall patterns. You'll have to identify positive and negative trends. You should be able to distinguish between linear and exponential growth. Specific Skills There are a number of skills that you'll want to be handy with on the day of the exam. In this section you'll find a discussion of these skills, including what they are and what they look like in action. In fact, let’s hope these skills aren’t all that new! Statistical Analysis The measures of center are arithmetic mean (average) and median. If they can't be calculated from what's given, you may still need to draw some conclusions about them. Even if you can't find the actual number, there may be a question about what possible values are, or how the values compare to another set of data. Outliers typically affect the mean, but not the median. The measure of spread to know is standard deviation. You've got to have the basic theory, but you won't need to calculate the exact value. You should be able to look at two sets of data and see which set is more spread out- that is, which has the greater standard deviation. Insofar as the precision of estimates is concerned, everything depends on the variability of the data and the sample size; smaller variability combined with a larger sample size makes for estimates that are more precise in terms of the actual population. Another tidbit of interest you should know is that randomization combats bias. You should, in context, be able to work with margins of error, which are affected by sample size and standard deviation. Confidence intervals should also be taken into account. The SAT always works with confidence intervals of 95%. This doesn’t mean that 95% of the population is necessarily described by the figure that’s been derived, just that we can be 95% certain that the descriptive figure that’s been reached is accurate. When analyzing the relationship between two variables, remember, correlation is not causation. If subjects for a sample are selected randomly, we can generalize to the entire population reasonably well. If subjects are randomly assigned to test groups, we can reasonably speculate about cause and effect. Otherwise, though, we’re out of luck. You should also be able to evaluate reports to make inferences, justify conclusions, and determine the appropriateness of data collection methods. Take a look at this problem: The correct answer here is (C). We know that removing one very high number from the set is not going to affect the median- the middle three values are all 12, so we know the median will still be 12, even if the middle of the data is shifted over one. The mean will shift somewhat if we don’t include the 24-inch measurement, but there are 20 other data points that anchor the mean at a relatively consistent value if any one value is removed. The range, however, will change from $24-8=16$ to $16-8=8$. The range gets cut in half if we remove the 24-inch measurement! That’s the measure that will change the most. Mathematical Models The domain of the SAT that we’re examining gives special attention to mathematical models. You must, therefore, be able to create and use a model. When two variables are presented in a graph, table, or other chart, you should be handy with analyzing and drawing conclusions with regards to the relationship between these variables. Relationships between variables can be modeled by functions, but remember the function is only a model! It may give scientifically accurate predictions, or it may just describe a general trend. You may be asked whether a model is good, acceptable, or entirely inappropriate. Let’s look at this problem: The geologist in the question provides a model regarding the country’s beach erosion. According to that model, beaches erode at a rate of 1.5 feet per year. 21 feet of erosion would therefore take 14 years, as $14(1.5)=21$. The functions you’re asked to work with may be linear, quadratic, and/or exponential. Linear and exponential are discussed in more detail below. Linear An important example of linear growth is simple interest, where you earn interest on your principal, each period, but not on any interest that has been added since that first deposit. This is modeled by the function: $A = P(1+rt)$. $P$ is the principal, $r$ is the interest rate, and $t$ is the amount of time interest has been accruing. Exponential An important example of exponential growth is compound interest, where you earn interest on the interest you’ve previously earned. This is modeled by the function: $A = P (1+r/n)^{nt}$, where $P$ is the principal, $r$ is the interest rate (typically annual), $n$ is the number of times the interest compounds per period (typically a year), and $t$ is the amount of time that has passed since the principal began accruing interest. Be careful! The stated rate of change may not be the same as the rate of change over time. This is typical of compound interest: You might take a loan at 9%, but if it compounds monthly, you’re really taking a loan at $(1+.09/12)^12 – 1 = 9.38%$ at the end of the year. On the other hand, you might make a deposit that accrues interest at a rate of 5%, but it compounds quarterly, so you’re really getting $(1+.05/4)^4 – 1 = 5.095%$ at the end of the year. Math and money are very closely linked. Ratios, Proportions, Units, and Percentages You’ll need to be familiar with direct proportionality/variation: $y = kx$, where $k$ is a unitless constant of proportion. This relationship may also be expressed as $x_1/y_1 = x_2/y_2$. You’ll need to know how percent increase and percent decrease work. Be careful about how you approach these problems; they can get a little tricky. Remember, for instance, that if you have a 20%-off coupon for an item that’s on a 20%-off sale, you won’t save 40%. You’ll save 36%, as you’ll pay 80% of 80% of the original price: $x(.8)(.8) = (.64)x = x - (.36)x$. Take a look at this pair of problems: This is the sort of situation where you’re asked to deal with quantities in very practical terms. These aren’t just numbers floating in and out of an abstract function; no, these numbers represent that annual budget, in thousands of dollars, for each of six different state programs in Kansas from 2007 to 2010. The first problem is asking for the approximate average rate of change in the annual budget for agriculture/natural resources in Kansas from 2008 to 2010. From 2008 to 2009, the budget grew by 127,099 thousands of dollars, or $127,099,000. From 2009 to 2010, the budget grew by 2,299 thousands of dollars, or $2,299,000. Thus, we add those two figures together, divide by two, and find that the average growth was $64,699,000, or, when rounding, (B). For the next problem, we are comparing the 2007-budget-to-2010-budget ratios across the various programs. We will first need to find those ratios: Agriculture/natural resources - $373,904/488,106=.766$ Education- $2,164,607/3,008,036=.7196$ Highways and transportation- $1,468,482/1,773,893=.8278$ Public safety- $263,463/464,233=.5675$ Out of these, the closest to human resources ($4,051,050/5,921,379=.6841$), is (B). Probability Two events are independent if one happening has nothing to do with another, like the sun shining and you eating a sandwich for lunch. The sun may shine, and you may eat a sandwich for lunch, but one does not cause or prevent the other. Two events are mutually exclusive if they cannot both occur, like me wearing a hat and me not wearing a hat. I can’t do both. For independent, non-mutually exclusive events: P(A and B) = P(A)*P(B), whereas P(A or B) = P(A) + P(B) - P(A and B). For mutually exclusive events: P(A or B) = P(A) + P(B). There are other formulas for more complicated scenarios, but these will get you pretty far - they’re all you should need on the SAT. Let’s take a look at this problem: Twenty-five people passed the bar exam; of these, seven did not take the review course. So, the probability that the interviewed person in question did not take the bar exam is 7/25, or (B). Math and gambling are closely linked, too. It’s all about that probability. Conclusion This domain of the test is calculation-heavy, although there are some theoretical questions. These questions compose almost a third of the test. They cover, roughly: Statistical analysis Proportions Probability Modeling Real-world data Your answers will be scored to yield one of three subscores for the Math section. What’s Next? That was a fair amount of information. Digest it a little; then, a great next stop would be perusing our overall guide to SAT Math, including directions to a number of other great posts. Now, because Problem Solving and Data Analysis problems are so information-heavy, you may wish to practice with some word problems, to get used to that much verbal data being thrown your way. As you’re trying these practice problems, you’ll want to know how to use them to your best advantage. Want to improve your SAT score by 160 points? Check out our best-in-class online SAT prep program. We guarantee your money back if you don't improve your SAT score by 160 points or more. Our program is entirely online, and it customizes what you study to your strengths and weaknesses. If you liked this Math strategy guide, you'll love our program.Along with more detailed lessons, you'll get thousands ofpractice problems organized by individual skills so you learn most effectively. We'll also give you a step-by-step program to follow so you'll never be confused about what to study next. Check out our 5-day free trial: