Saturday, May 23, 2020
The Court Procedures Of The Criminal State And Local...
In module III has taught me the roll of the how the courts work, as well as the organization and operation of all federal state and local levels of government. The court procedures are fairly standard throughout the United States. Opening statement shows the prosecutorââ¬â¢s concept and the evidence that will be presented. Followed by examination were prosecution call witness and conducts direct questions. The defense attorneys may also ask questions were the witness can only confirm or deny. Objections can be made at any time of the trial. At the end each attorney review all evidence to decide points of guilt or innocence. Appeal exanimates the facts of the case to ensure that there were to errors made, and determinates that the defendant was treated fairly in the original trial. I also learned that there are four major positions involved in the trial process. Prosecution, defense, judge, and jury. And that not all states use the grand jury; some states use grand juries for all f elony filings but other states use grand juries for only certain types of cases for example, the prosecutor charges the defendant by filling information and complaint. New information I gather was that the U.S. Constitution guarantees every defendant the right to due process and a fair trial. Something interesting about the court was that over 90% of all criminal cases end up in plea negotiations. The court procedure is followed by opening statements, direct examination, the patrol officer who was firstShow MoreRelatedCriminal Procedure Policy Paper1457 Words à |à 6 PagesCriminal Procedure Policy Kristen Torres CJA/353 June 14, 2010 Kathleen H. Mooneyhan ââ¬Å"Criminal procedure is the branch of American constitutional law concerned with the stateââ¬â¢s power to maintain an orderly society and the rights of citizens and residents to live in freedom from undue government interference with their libertyâ⬠(Zalman, 2008, p. 4). The Fourth, Fifth, Sixth, Eighth, and Fourteenth amendments are significant in studying criminal procedure. In criminal justice, the criminal procedureRead MoreThe Legal System Of The United States1396 Words à |à 6 Pagesgets involved within the legal system should first know there is numerous amounts of ways and different types of courts in which their case may be heard every individual case is heard in a different court depending on the nature and seriousness of the case. Like the U.S there is also a number of different higher courts to which appeals can be made. The number of judges that hear each level of cases weather it is a minor or a major case rulings may also vary depending on the type of is sue involved. UnlikeRead MoreA Public Servant As Someone Who Is Employed By The Government Essay835 Words à |à 4 PagesUSlegal.com defines a public servant as someone who is employed by the government, either throughout appointment or election, for example, Mayors, governors, and state legislatures, and city council members. Public servants are not just elected or appointed by the government, they are more broadly defined as people who are employed by the government such as police officers, firefighters, health officers, city administrators, city attorneys, animal control officers, and other city personnel authorizedRead MoreCriminal Justice and Security Goals and Challenges1450 Words à |à 6 Pagesfederal, state, and local law enforcement agencies differ in what they can each handle. As a whole, they have the objective to protect and serve the public, but separately, each branch, federal, state, and local handles their own sections of the government services. For example, the federal law enforcement agencies have goals and objectives that involves the protecting of our border, making sure that we are enforcing customs regulations, as well as upholding immigration laws. The state law enforcementRead MoreOverview of the American Legal System1127 Words à |à 4 PagesIn the United States, the legal system is an interconnected system of regulatory, governmental and judicial authorities that operate under the Constitution and Bill of Rights of the United States, various State and Local Constitutions and laws, and agreed upon standards. The overall system operates at the federal, state and local level through Federal Courts, State Courts, and Governmental Regulatory Agencies (Neubauer and Fradella, 2010). All of this is based on the Common Law Adversarial SystemRead MorePolitical System of Germany1700 Words à |à 7 PagesGermany is a federal state created by the German Federal Constitution (Grundgesetz, Art. 20 (1)). Germany consists of 16 states (LÃânder) each with their own constitution. Articles 70 et seq. of the constitution allocate legislative powers between the federal government and the states. The general rule is that a power not expressly granted the federal government (expressed in Articles 70, 71 and 73 of the Grundgesetz) is retained by the state, making the states relatively autonomous. Read MoreThe Rights Of The United States867 Words à |à 4 Pagesand the respect to oneââ¬â¢s dignity. This amendment depicts the central privileges of the citizens of the United States. In the event that any individual were not able to criticize the government, it would be difficult to implement order. By looking the right to speak freely there is additionally opportunity of freedom of assembly and freedom of speech that are essential for the United States democracy. As indicated by Derechos, Human Rights, the right to speak freely is a standout amongst the mostRead MoreJustice Systems in Egypt and in the United States Essay680 Words à |à 3 PagesSystem in Egypt and the United States Brian L. Goodman Daymar College Outline Abstract Introduction III. The Legal Systems A. The United States Legal System B. The Egypt Legal System IV. Types of Crimes V. Components of Justice System in the United States VI. Components of Justice System in Egypt VII. Crimes A. United States B. Egypt VIII. Notes IX. References Abstract Justice System in Egypt and the United States are similar in many ways.Read MoreThree Branches of the U.S. Federal Government862 Words à |à 4 Pagesï » ¿Barbara Cherry Phase 1 IP CJUS290-1402A-01 Prof. Christine Lee 04/14/2014 Describe the 3 branches of the U.S. federal government.à 1. Explain the role of the legislative, executive, and judicial branches. The role of the Legislative Branch is that they are the only branch that can create new laws. They have an enormous amount of power. Elections are held every two years for the House and every six years for the Senate. The have two parts one is the House of representatives and the otherRead MoreBusiness Law1268 Words à |à 6 Pagespresident, and the federal courts. Federal supremacy- cause federal statues to preempt inconsistent state law. Federal law is supreme to state law. Federalism- structures power relations between the federal government and the states. Judicial review-Courts declare the actions of other government bodies unconstitutional. Police power-broad state power to regulate for the public health, safety, morals, and welfare. Enumerated powers- (USC limits government regulatory powers in two ways)
Monday, May 18, 2020
Monday, May 11, 2020
The Fences By August Wilson - 1813 Words
In the Fences, by August Wilson shows that life of African Americans in the U.S. in the 1950s with the story of Troy and his family. Wilson uses the symbol of the fence to show the desires of each character like Roseââ¬â¢s desire is to keep her family together, Troyââ¬â¢s desire is to keep death out and to be not bound forever, and Bonoââ¬â¢s desire is to follow Troy, his best friend, as an example of the right way to live and to be with Rose and Troy who are basically his family. Rose and the other seen characters represent people and show gender roles of the time, like Rose is a housewife, Troy is the provider. Also Cory is the new generation of emotion over responsibility, Gabriel represents the war heros that were permanently disabled from warâ⬠¦show more contentâ⬠¦Bono: Some people build fences to keep people outâ⬠¦ and other people build fences to keep people in. Rose wants to hold on to you all. She loves you.â⬠(12.i.) Here August Wilson in the first part shows a little of the gender roles of the 1950s where men are the boss of the house and women are subservient to them. It also shows that Rose did not go in as told but remained there with them and Troy accepted that he could not tell her what to do. The image or action of Rose not leaving shows the changing of the times in other words the 1950s on the fence to between the old ways and the new ones. In the first part of what Bono says describes Troy with death and the other part describes Rose with her love for her family and desire to keep everyone close and happy. The character Gabriel (Uncle Gabe) is a mix of many different things and people that of the time and believes he signals the opening of heavenââ¬â¢s gate as his interpretation of the fence. Gabriel is Troyââ¬â¢s half brother who went and fought in the war. He was medically discharged after receiving a head injury that permanently reduced his mental functions. Troy helped Gabriel get a settlement and helps spend/manage the money. Troy used the money to buy himself a house that Gabriel originally lived in as well until Gabriel moved out at his own wish. Wilson wrote: ââ¬Å" Gabriel: ââ¬ËOh, yeahâ⬠¦ I know it. The devilââ¬â¢s strong. The devil ainââ¬â¢t no pushover. Hellhounds snipping at everybodyââ¬â¢s heels. But IShow MoreRelatedFences : Fences By August Wilson1541 Words à |à 7 PagesName: Alejandro Ahmed Date: 12/6/16 Unit: American Drama Title: Fences Author: August Wilson Year of Publication: 1986 Fences Study Guide Descriptive i. Overview: ââ¬Å"Fencesâ⬠, was a play written by August Wilson in 1986. The play communicates the story of the son of an unsuccessful sharecropper, Troy Maxson, who has lived most of his life independently due to his fatherââ¬â¢s abuse during his childhood. The play focuses on Troyââ¬â¢s interactions and conflicts with other characters, and the complicated relationshipsRead MoreFences by August Wilson791 Words à |à 3 Pageshave built fences to keep enemies out and keep those they want to protect inside. In society today, people create metaphorical fences in order to fence in their feelings, while others create literal fences in order to keep the unwanted away. In the play Fences, the Maxon family lives in 1950ââ¬â¢s America whose love for sports and one another are questioned at times when they need to be together the most. In the play Fences by August Wilson, two main characters Troy and Cory Maxon build a fence, literallyRead MoreFences, By August Wilson1104 Wor ds à |à 5 PagesAfrican-Americans during the middle of the twentieth century were treated differently than those of the white population. Fences, a play by August Wilson, demonstrates the frustration of white dominance during a time when African-Americans were secluded from society. The Maxson family are the main characters of the play, showing the life they lived in their black tenement in Pittsburg in the 1950s. The setting demonstrates the drama of their struggle, frustration, rebellion, and the predicamentsRead MoreAugust Wilson Fences984 Words à |à 4 Pagesbecause in order to get what you want you have to fight for it. Two literary works that reflect this quote are Fences, a play about the struggles of African American before and during the Civil Rights Era in the 1950s and 60s, by August Wilson and ââ¬Å"The Yellow Wallpaperâ⬠a short story that shows the difference between women and men during that time, by Charlotte Perkins Gilman. ââ¬ËFencesââ¬â¢ shows th e revolution the characters face, their actions and what is the result of those choices. Whereas, ââ¬ËTheRead MoreFences, By August Wilson807 Words à |à 4 PagesFences ââ¬Å"Some people build fences to keep people out...and other people build fences to keep people inâ⬠(61). In the play, Fences, by August Wilson who displays how fences symbolize different situations to represent different characters. The story takes place in Pittsburgh, Pennsylvania in the 1950ââ¬â¢s, and in the play fences gives an outlook of providing an obstacle or barrier that is intended to keep something out or in. It shows through the protagonist character, named Troy Maxson and his wifeRead MoreFences by August Wilson883 Words à |à 4 PagesFences, written by August Wilson, is a play about a man, named Troy, struggling to support his family during the late 1950ââ¬â¢s. In this play, we see that Troy hurts the people closest to him. He has been uncaring towards his wife, Rose, his brother Gabriel and his son, Cory. This is because Troy had nothing to go on but the harsh example set by his father. In Fences, Troy has felt like he has been fenced in all of hi s life, which causes him to fence others in. Troy has felt fenced in all of his lifeRead MoreFences, By August Wilson895 Words à |à 4 PagesFences written by August Wilson is an award winning drama that depicts an African-America family who lives in Pittsburg, Pennsylvania during the 1950ââ¬â¢s. During this time, the Masonââ¬â¢s reveal the struggles working as a garbage man, providing for his family and excepting life as is. The end of segregation began, more opportunities for African American people were accessible. Troy, whoââ¬â¢s the father the Cory and husband of Rose has shoes fill as a working African America man. He is the family breadwinnerRead MoreFences, August Wilson1835 Words à |à 8 PagesAs illustrative of the kind of analysis I would bring to Fences, by August Wilson, if my bid to direct is successful, O prose to take direction for a part of Act 1, Scene 3 of the play. This will include possible blocking, camera work, music, and what the actor should be feeling and experiencing while acting the par t. I will examine how crucial it is that the actors portray their characters effectively, and I will offer commentary to assure just that. On the basis of these findings I will determineRead MoreSymbolism In Fences By August Wilson1460 Words à |à 6 PagesKeep Love in or Lock it Out?: An Analysis of Symbolism in Fences Symbolism is defined as an artistic and poetic movement or style using symbolic images and indirect suggestion to express mystical ideas, emotions, and states of mind. In Fences by August Wilson, symbolism is used heavily throughout the play in order to represent deeper meanings and add to the emotion of the storyline. In order for the play to have so much depth and emotion, symbolism is crucial to the work itself and the heavy topicsRead MoreFences by August Wilson1495 Words à |à 6 PagesGrowing up, most parents want what is best for their children with the hope that they will lead a better life than the one they had. On the surface, this does not seem to be the case in the relationship between Troy and Cory in August Wilsonââ¬â¢s Fences. Troy was a hardworking man who did all he can to provide for his family. Cory worked equally as hard in his athletic career. Troy made a decision to end Coryââ¬â¢s football career out of protection but Cory viewed it as his fatherââ¬â¢ s jealousy. Troyââ¬â¢s rough
Wednesday, May 6, 2020
Biography of French Painter Jacques-Louis David Essay
My first choice of French painter, Jacques-Louis Davidââ¬â¢s work is Napoleon Crossing the Alps. As important as the Church of the Savor on Blood was and still is important to Russia, Jacques-Louis David was important to revolutionary France. He lived in a very turbulent time in Franceââ¬â¢s history. He was a passionate supporter of French Revolution and the idea of overthrowing the monarchy. As a French revolution came closer to reality, David turned away from a typical classical subject that he was trained to paint and turned his brushes and an imagination towards depicting political events that were surrounding him and France. One of the most iconic historical paintings has become Napoleon Crossing the Alps. The work is neo-classical, becauseâ⬠¦show more contentâ⬠¦However, that pose Bonaparte refused, citing the fact that few people are interested in real similarity is sufficient to express the essence of genius. David kept similarity. The reality was less heroic Bon aparte poor rider, who crossed the Alps on a mule wearing a gray coat and suffered from sickness during the journey in the mountains. Here we see Napoleon mounted on a horse, a symbol of strength, energy, a noble naturalness. The composition is dynamic: the body axis of the Prancing Horse and the axis of the body of the rider form a strong cross. The horse and Napoleon stand like the carved image on the background of the cold gray- blue sky and snow-capped mountains. Its motion seems to be stalled, once and for all stop. Also, David created the image of Napoleon anticipates the images of the emperor, which will vary in every way artists romantic time - writers and picturesque graphics ââ¬Å"the Napoleonic epic. The image of Napoleon resolved in heroic terms elated. Relying on illustrious ancestors who successfully crossed the Alps and whose names are engraved on the rocks, Hannibal in antiquity, Charlemagne (Carolus Magnus) to the Middle Ages, it shows that it is part of history. Napoleon Bonaparte is lit up from the front, and pushed by the wind. The sky tormented tears; this is the future of the country designated finger rider, Napoleon. The French army is in the background, pushed by the French flagShow MoreRelatedHow Does One Re Work History?2351 Words à |à 10 Pagesthe history he wants to tell, and how much he wants to portray in his works . He photographs his subjects, and have them pose in the poses of the artists he draws inspiration from; Baroque Flemish painter Peter Paul Rubens, British artist Thomas Gainsborough, and Napoleonââ¬â¢s court painter Jacques-Louis David. Thereââ¬â¢s a reason he draws inspiration from these artists, ââ¬Å"there is a reason for thatâ⬠Says Wiley ââ¬Å" and that has to do with powerâ⬠These poses are meant to evoke a conversation around art historyRead MoreEssay on Jaques Louis David1898 Words à |à 8 Pages1. Introduction Set on a stage of revolution and Enlightenment, the Neo-Classical period presents a broad and interesting topic. Jacques Louis David was the first political painter, and a true revolutionary, but one cannot disengage his art work from the social and political systems of the period. Therefore, this essay will present an overview of the social context and systems of Pre Revolution France, Neoclassicism and how Davidââ¬â¢s work was influenced by it and how his work influenced it. AlsoRead MoreLes Demoiselles DAvignon5704 Words à |à 23 Pagespreferredà las chicas de Avignonà instead. Background and development Picasso came into his own as an important artist during the first decade of the 20th century. He arrived in Paris from Spain around the turn of the century as a young, ambitious painter out to make a name for himself. Although he eventually left most of his friends, relatives and contacts in Spain, he continued to live and paint in Spain while making regular trips back to France. For several years he alternated between living andRead MoreAp European History Outline Chapter 10 Essay example5639 Words à |à 23 PagesFlorence * Early humanists * Francesco Petrarchââ¬âthe father of humanism * Wrote personal letters to Cicero, Livy, Virgil, and Horace * Wrote a Latin Epic poem, Africa, a tribute to a Roman general, and biographies of famous Roman men * Sonnets to Laura remains his most famous work * Classical and Christian values coexist in his works * Dante Alighieri * Wrote Vita Nuova and Divine Comedy which were far lessRead MoreRenaissance And Discovery Of The Renaissance4916 Words à |à 20 Pagesa position as the head of classical learning at a university in Florence Francesco Petrarchââ¬âthe father of humanism â⬠¢ Wrote personal letters to Cicero, Livy, Virgil, and Horace â⬠¢ Wrote a Latin Epic poem, Africa, a tribute to a Roman general, and biographies of famous Roman men â⬠¢ Sonnets to Laura remains his most famous work â⬠¢ Classical and Christian values coexist in his works Dante Alighieri â⬠¢ Wrote Vita Nuova and Divine Comedy which were far less secular than Petrarchââ¬â¢s works Giovanni Boccaccio â⬠¢Read MoreOne Significant Change That Has Occurred in the World Between 1900 and 2005. 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Lyotard and the nature of knowledge Foucault: postmodernism, discourse, knowledge and power Organizational culture The challenges of postmodernism to organization theory Problematizing normal scienceRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words à |à 1573 Pages(Prentice Hall, 2012) Management, 11th ed. with Mary Coulter (Prentice Hall, 2012) Fundamentals of Human Resource Management, 10th ed., with David DeCenzo (Wiley, 2010) Prentice Hallââ¬â¢s Self-Assessment Library 3.4 (Prentice Hall, 2010) Fundamentals of Management, 8th ed., with David DeCenzo and Mary Coulter (Prentice Hall, 2013) Supervision Today! 7th ed., with David DeCenzo and Robert Wolter (Prentice Hall, 2013) Training in Interpersonal Skills: TIPS for Managing People at Work, 6th ed., with Phillip
Administrative Law Free Essays
This problem is a straight forward problem in judicial review and prerogative remedies. Judicial review can be done through Prerogative orders. Judicial review refers to the Courtââ¬â¢s review of a lower or administrative bodyââ¬â¢s factual or legal findings[1]. We will write a custom essay sample on Administrative Law or any similar topic only for you Order Now Prerogative remedies are remedies which if not always are designed from the first for the control of governmental duties and powers, have long been used for the purpose especially[2]. These remedies are such as certiorari, mandamus, prohibition, quo warranto and habeas corpus. Appropriate remedies which Cristiano Ronaldo may seek in an action before the High Court and the reasons for seeking of each of the remedies are; Certiorari, this is an order issued by the High Court to an inferior court or any authority exercising judicial functions to investigate and decide the legality and the validity of the orders passed by it. Ronaldo can apply for a remedy of certiorari following the reasons that the administrative body acted in excess of its powers of which is one of the suitable condition for the issuance of this remedy. The reason with which this order can be issued is due to the fact that the administrative body had exercised its powers in excess. In the case of R vs. Electricity commissioners,[3] it stated the conditions suitable for the application of the writ of certiorari in that when a body of persons having a legal authority to determine questions affecting the rights of subjects and having the duty to act judicially, acts in excess of their legal authority, they are subject to the controlling jurisdiction of the Kingââ¬â¢s Bench Division. Ronaldo can also base on the ground that there was a failure on the part of the Director of Trade to exercise his discretionary power. The conditions vested upon this ground, is that the same discretionary powers must be exercised by the person to whom it is vested and within the ambit of the law. For instance, in the case of Keshavan Bhaskaran vs. State of Kerala,[4] the rule provided that no school-leaving certificate would be granted to any person unless he had reached 15 years of age. Under certain deserving circumstances, the Director was empowered to grant exemptions from this rule. But the director further self-imposed his own rule that unless the deficiency in age was less than two years, which was contrary to the provisions of the discretion. The court held that the rule of policy was contrary to the law; hence the decision was quashed by certiorari. Also Ronaldo can advance in his argument the fact that there was a violation of the rules of Natural Justice which are the right to be heard and the rule against bias. He was not given the opportunity to be heard. For example in the case of Simeoni Manyaki v. Institute of Financial Management[5], the court issued certiorari on the reason of failure to observe the rules of natural justice by refusing the applicant the right to be heard. The case of Sinai Mrumbe and Another v. Muhere Chacha[6] provides that the order of Certiorari is issued by the High Court to quash the proceedings and the decision of a subordinate court or tribunal or a public authority where there are no other alternative remedy. In this problem there is no other remedy which has been stated to be availed to Ronaldo. Therefore certiorari can be issued against Mr. Toure. The other remedy is mandamus; this is the prerogative writ for compelling performance of public duties. It is a discretionary prerogative power which the court will grant only in suitable cases and withhold in others. Mandamus commands the authority to perform some legal duty. For Mandamus to be granted the case of John Mwombeki Byombalirwa v. The Regional Commissioner Kagera and Another[7], Mwalusanya, J (as he then was) advanced five conditions for an order of mandamus to be issued they are as follows; the applicant must have demanded performance and the respondent must have refused to perform, the respondent as public officers must have a public duty to perform imposed on them by the statute or any other law but it should not be a duty owed solely to the state but should be a duty owed to the individual citizen. The public duty imposed shou ld be of an imperative nature and not a discretionary one. The applicant must have locus stand that is he must have sufficient interest in the matter he is applying for lastly there should be no other appropriate remedy available to the applicant. In this problem the conditions are present as Ronaldo has demanded the performance for the renewal of license and the Director of Trade refused and he was not been given notice as noted in the case of Palm Beach Inn Ltd and Another v. Commissioner for Tourism and Two Others[8]. Also Mr. Toure was having a duty to perform on him thus to grant license. This duty was not of an imperative nature as the case of considering the application of license and not discretion as per the case of Re Mohamed Aslam Khan[9]. Also Ronaldo has a interest as he is an aggrieved person thus he has a locus standi as per the case of Alfred Lakaru v. Town Director Arusha[10]. Lastly there is no other appropriate remedy as the right to appeal is not indicated in the problem. Reasons in which Ronaldo can base in his application are violation of the rules of natural justice as per the case of Simeoni Manyaki v. Institute of Financial Management[11] Also there was irrelevant consideration as per the case of Fernandez v. Kericho Liquor Licensing Board. Error of jurisdiction as per the case of R v. Minister of Transport[12], failure to exercise discretion and legitimate expectation as per the case of Schmidt v. Secretary of Home Affairs[13] . PART B: Grounds upon which Cristiano Ronaldo would advance in his argument to convince the court to grant him remedies h e seeks are; Violation of the rules of natural justice, remedies can be issued where there is a violation of natural justice. In this problem Cristiano Ronaldo was not given a hearing thus the right to be heard before the renewal of his license was refused by the Director of Trade. The right to be heard is derived from the Latin maxim ââ¬Ëaudi alteram partemââ¬â¢, which simply means hear the other side. Under this the person to be affected by the decision of the administrative body must be given a notice of the case against him so that he can defend himself for example in the case of R v. University of Cambridge[14], the applicant was deprived of his degree on allegations of misconduct but no notice was given to him. The court quashed the decision for the breach of the rules of natural justice. Ronaldo was not given any prior warning by the Local licensing authority Also there is hearing thus the must be given a fair opportunity to present his case and contradict any statement prejudicial to his interests. In this problem Ronaldo was not given a hearing for example in the case of Felix Bushaija and Ot hers v. Institute of Development Management Mzumbe and Others[15]; in this case the students were expelled from the institution without a hearing. They made application for prerogative orders of certiorari, mandamus and prohibition to quash the decision to expel them and affording the students the right to be heard. The remedies ware awarded basing on the ground of violation of the rules of natural justice. Another ground is legitimate expectation; this ground is evoked when an individual was affected by an adverse decision of the administrative body without being heard. In this problem the Director of Trade refuses the renewal of business license to Ronaldo in which he was having expectations that the license was to be renewed as it in other years the respective administrative authority denies to grant the same to that individual, without availing him with a hearing and good reasons. In the case of Schmidt vs. Secretary of Home Affairs,[16] it was held that the rules of natural justice also protect any legitimate expectation of a person of which it would be unfair to deprive him without hearing of what he would have to say. There is failure to exercise jurisdiction as there is dictation or abdication. Acting under dictation happen when an authority acts under the dictation of a superior authority which in fact was not what was intended by the statute. This ground is clear as the Director of Trade, Mr. Koure Toure, was acting from firm instructions of Thiery Henry the influential councilor at the city hall. For example in the case of Cader vs. Commissioner for Mosque,[17] in this case a board was having power to appoint trustee of mosque they consulted the member of Parliament who supplied the list of names including his own name the board later endorse the names supplied by the Member of Parliament. The court held that the decision of the Board was null and void because it was made by an outsider. Also Mr. Koure Toure, the Local licensing Authority have considered irrelevant matters and leaving out relevant matters. The statement that the license is not renewable on the grounds of irresponsible behavior of the applicant and that he does not respect his elders and consequently not being fit to hold a license, is purely a consideration of irrelevant matters which omits the principle that it is only the relevant matters that are to be considered by any administrative body. If the authority takes into account only irrelevant or extraneous considerations, the exercise of that power will be ultra vires and the action termed as bad. For instance, in the case of Hukam Chand vs. Union of India,[18] upon the petitionerââ¬â¢s phone disconnection on the grounds of it being used for illegal trading, the Supreme Court held that it was an extraneous consideration and an arbitrary exercise of power by the authority. Likewise, in the case of Re:Bukoba Gymkhana Club,[19] in this case the court ruled that the refusal for the renewal of the license by the Licensing Authority on the ground that the club was discriminatory by looking in its composition was ultra vires due to irrelevant consideration In addition to that the decision made by the Director of Trade as the Local Licensing Authority was unreasonable and no reasonable authority will make such a decision of refusing the applicantââ¬â¢s renewal of business license on the ground of irresponsible behaviour and that he did not respect his elders. In the case of Kruse vs. Johnson,[20] the local authority passed the by law prohibiting any person from music and singing in any public place or highway within 50 yards of any dwelling house the court nullified the by law on the ground of unreasonableness and therefore ultra vires. Error of jurisdiction, this happens when an inferior court or tribunal acts without jurisdiction or fails to exercise jurisdiction vested in it by law. This is due do the fact that Mr. Thierry Henry assumed jurisdiction and give firm instructions to the Director of Trade not to renew Ronaldoââ¬â¢s license under any circumstance. In the case of R v. Minister of Transport[21], it was held that even though the minister was not empowered to revoke the license he passed an order of revocation of license. The decision was quashed. Convincingly Cristiano Ronaldo should be granted the remedies as prayed for due to the grounds afore mentioned the aim being to keep the Local Licensing Authority within the limits of its jurisdiction. How to cite Administrative Law, Papers
Loss of the Creature Walker Percy Essay Example For Students
Loss of the Creature Walker Percy Essay We put an immense amount of trust into others experiences and furthermore allow it to dictate our own. I have not done a lot of traveling, but I know that there is a desire to see something new, to make a revolutionary finding. We allow ourselves to use the internet when travelling, to find specific destinations but not knowing that our own discoveries and findings, are what we make of our true experiences. Percy explains a loss of sovereignty in this world and how one has lost an experience through various ââ¬Å"symbolic complexesâ⬠and by the means of trying to achieve that experience. We will write a custom essay on Loss of the Creature Walker Percy specifically for you for only $16.38 $13.9/page Order now I, myself can relate to the experience of the man from Boston, taking his family to see the Grand Canyon but not actually seeing the sight for what it really is. Sometimes all we get to see is what has been approved and not what the real thing is, therefore leaving a person to see what everyone else is seeing because we will not be able to actually see beyond the approvements due to what an expert may tell us what is expected of the experience. My family and I had not done a lot of traveling but during the summer of 2008, we were off to see the Niagara Falls for the first time ever. Prior to leaving, i was told various experiences from friends and family and had even seen pictures about how their trip had went, and it made me think that maybe my experience would be just as great. After reading Walker Percys essay on The Loss of the Creature, i soon realized that my experience of visiting the Niagara Falls might have been lost through various symbolic complexes. Percy explains the example of the the Grand Canyon, the thing as it is, has been appropriated by the symbolic complex which has already been formed in the sightseers mind (Ways of Reading, Pg. 482), and that i may be seeing and viewing the Niagara Falls from others experiences. However, the next day upon our arrival we were off to see the Niagara Falls, as we arrived i had noticed that almost everyone had a tour brochure in their hand. As it being our first time at Niagara Falls, my family and I were also lured into the tour guides, not being able to really see it for what the falls really were. Perhaps if it were Sunday, and all the tours were shut down, and the crowds had gone home for the day, maybe then my family and I could really experience the falls. Now looking back on my trip, I feel as if the hotels, restaurants and all the lights distracted everyone from really seeing the falls for what it is and I also feel as if everyone was blinded by the tour brochures which made it just seem like an ordinary trip where they went on tours of the place and saw everything for what the experts think they should see. My overall experience of the Niagara Falls was not that bad, the main attraction was pretty impressive even though the tour experts were telling us tourists what the experience is or should be in this case, that one should ride the Maid of the Mist boat tour across the harbour in order to fully experience the falls. When i come to realize it, the one thing that was missing was my own sovereign experience, it. Percy offers several suggestions, but the one that fits my experience occurs as ââ¬Å"a consequence of a breakdown of the symbolic machinery by which the experts present the experience to the consumer (Ways of Reading, Pg. 83). In the end ive come to understand that i had already seen the Niagara Falls because of the image i already had in my mind that was formed before my trip and how i would never be able to actually see the falls before it had been approved. My family and I going on a trip was obviously planned out to see the Niagara Falls but as Percy explains it, the meas ures taken are measures appropriate to the consumer: the expert and the planner know and plan, but the consumer needs and experiences (Ways of Reading, Pg. 92) which clearly means that my family and I went to see the falls as an experience we could look back on. With all the roaring rapids and clouds of mist in the square mile of Niagara Falls, the one thing that stood out the most to me in Niagara was the crystal beach waterfront. I felt as if the crystal beach hadnt been talked about and that it was something totally new to me that i didnt know anything about. .uc6c5491da83290eac0fd1b0fd71020dc , .uc6c5491da83290eac0fd1b0fd71020dc .postImageUrl , .uc6c5491da83290eac0fd1b0fd71020dc .centered-text-area { min-height: 80px; position: relative; } .uc6c5491da83290eac0fd1b0fd71020dc , .uc6c5491da83290eac0fd1b0fd71020dc:hover , .uc6c5491da83290eac0fd1b0fd71020dc:visited , .uc6c5491da83290eac0fd1b0fd71020dc:active { border:0!important; } .uc6c5491da83290eac0fd1b0fd71020dc .clearfix:after { content: ""; display: table; clear: both; } .uc6c5491da83290eac0fd1b0fd71020dc { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .uc6c5491da83290eac0fd1b0fd71020dc:active , .uc6c5491da83290eac0fd1b0fd71020dc:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uc6c5491da83290eac0fd1b0fd71020dc .centered-text-area { width: 100%; position: relative ; } .uc6c5491da83290eac0fd1b0fd71020dc .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uc6c5491da83290eac0fd1b0fd71020dc .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uc6c5491da83290eac0fd1b0fd71020dc .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .uc6c5491da83290eac0fd1b0fd71020dc:hover .ctaButton { background-color: #34495E!important; } .uc6c5491da83290eac0fd1b0fd71020dc .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uc6c5491da83290eac0fd1b0fd71020dc .uc6c5491da83290eac0fd1b0fd71020dc-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uc6c5491da83290eac0fd1b0fd71020dc:after { content: ""; display: block; clear: both; } READ: I, What I Know, Assume or Imagine EssayThere were no tourist guide experts telling my family what the experience is or should be like while at the crystal beach and there were no postcards or pictures, along with stories that i had heard of. Being there and having a camcorder in hand was a good investment because we had recorded many videos of the Niagara Falls and the crystal beach, along with many other things because you just canââ¬â¢t capture the motion or the sound of the water in still images. I believe that i can relate my trip to he American couple that visited Mexico because I, myself went to see the Niagara Falls but left with a different experience not being that of the falls but of something totally different. For example Percy noted, It is given expression by their repeated exclamations that this is too good to be true, and by their anxiety that it may not prove to be so perfect, and finally by their downright relief at leaving the valley and having the experience in the bag, so to speak-that is, safely embalmed in memory and movie film (Ways of Reading, Pg. 86). This particular quote stuck out to me because My family and I left with videos of our trip, and we left back home telling our experience to others about our trip to the crystal beach that almost seemed to good to be true. The scenery, the view and the sunset made my experience worthwhile because I had never seen anything like it before, it was an experience that i had not expected, it was an experience that had not already been formed in my mind. From my trip, i can surely understand Percy and what point he was trying to make in understanding that seeing the canyon under approved circumstances is seeing the symbolic complex, head on. The- thing is no longer the thing as it confronted the Spaniard; it is rather that which has already been formulated-by picture post- card, geography book, tourist folders, and the words Grand Can- yon (Ways of Reading, Pg. 482).
Friday, May 1, 2020
King Arthur And Merlin Essay Example For Students
King Arthur And Merlin Essay Merlin is a popular character when it comes to the stories of King Arthur andother stories dealing with the Arthurian age. In most of the stories writtenabout him they refer to him as the magician, kingmaker, and prophet. We alsoknow him as the one that takes care of Arthur from birth, who set him on thethrone, who established him there in the early days of his reign as king. Whilemost books agree that he knew King Arthur and watched over him from birth, whatwas he really, was he a magician with a beard in a tall pointed hat and longcloak with a magic wand that performed magic or was he a prophet that could forsee the future as portrayed in the Crystal Cave or was he something else. In the Crystal Cave Merlin is portrayed as a prophet that can see into thefuture with the help of the pattern of crystals in the cave that he discovered. Here he is not portrayed as a magician but rather it shows us his technicalabilities, like when he moved Hele Stone of Stonehenge with the machine hebuilt, rather then raising the whole stone or causing it to fly through the airor float across the sea. He is then portrayed as the kingmaker when at theend he is given Arthur to raise and teach so he would be ready to take over thethrown when he got older. Merlin may also be known as a lover LastEnchantment, when while under Arthurs rule, Merlin retires to thewilderness and there is attacked y a subtle poison given to him by Morgause, heis later nursed back to health by a young girl named Ninian. After that Ninianbecomes Merlins pupil until in the end when his powers begin to fade and shetakes over the role of guardian of Arthurs realm. Merlins morepassionate side is also showed in a book written by James Branch Cabell. In thebook titled Something About Eve Merlin is summoned along with King Solomonand Odysseus to give an account of him self before the passes ?into the realmsof the otherworld to discover the true meaning of his life, here Merlinconfesses that he was happy for a long time in his tower, until he saw hispeople of the Arthurian age begin to break each other and to become filled withhate and lust and barbarity. But even then he lingers on, happy with his childlove and peace of his tower, only now does he seek enlightenment in theOtherworld, where he might find failure of his dream.(Stewart, 96) Merlin forwhatever reason does not cease to be concerned with this world and the peoplewho live in it. Merlins love of women, sometimes moralized into a sexualweakness, is a reflection of his otherworldly fathers love for his mother. This in turn relates to one of the most ancient mythical themes, and like allMerlinic lore is intimately concerned with both environment and the spiritualintimations found in all religions, magic, and mysticism. Thus the varioussexual convolutions of Merlin in the modern fiction are not merelymisunderstandings of the source of material but are explorations of a universaltheme expressed through the mediating figure of Merlin. Merlin is also seen as ateacher, like in Parke Godwins Firelord. Here Merlin is in a senseArthurs own inner self, able to show him a vision of the future, of the greatking and warrior whose presence draws the very utmost effort from the men whofollow him, the man that Arthur is to become, driven by the Merlin within. InT.H. Whites The Sword in the Stone Merlin teaches by example, turningArthur into animal, fish, or bird. Doing so he learns many things, from hisencounter with a great pike that lives beneath the walls of hisfoster-fathers castle, he learns that pow er for its own sake leads nowhere. Arthur as a bird discovers that boundaries are an illusion fought over withoutreason. All that he learns allows him to portray his good character as he pullsthe sword from the stone that made him king. Him being a teacher is also seen inthe Crystal Cave when he is given Arthur at birth to teach because he didnot have a father that wanted him, and so his mother thought that giving thechild to Merlin would be the wisest thing to do. In Catherine Christians TheSword and the Flame it has Merlin arranging for Arthur to acquire his second,more famous sword, Excalibur. Instead of him receiving the sword from the Ladyof the Lake, Merlin assists in its forging by an ancient Smith God from a lumpof meteorite. That the shaping of King or sword may extend beyond a singlelifetime is shown in those versions of the story where Merlin or Arthur comeagain, after a long sleep, in Avalon or the Hawthorn Tower, to continue the workleft unfinished at the end of the Arthurian Age. (Stewart, 99) When writi ngabout Merlin there are three aspect that authors look into, the bright youth,the mad prophet and shaman, and the wise elder. All three are concerned with theinteraction of spiritual and magical powers, with a strong emphasis in the worksof John Cowper-Powys and C.S. Lewis. Merlin born of a moral mother and anotherworld spirit according to the chronicles acts as the mediator for deeppowers manifesting through the land into human consciousness. His threefoldappearance is initially that of the lifetime of any person, youth, adulthood,maturity, but into each of these aspects is channeled the most potent dynamicpower, imagery, and mystery of each life phase. As a youth, he is the eternalchild, of spiritual purity, as a mature man he is the wild fervent power ofmagic or transforming consciousness, as an elder he is the epitome of wisdom,learning, transcendent knowledge, and experience. In fictional worksunconnected to one another, this coherence out of diversity is apparent andoccasion ally the deep ancient god-form appears, the non-human power behind thesemi-human Merlin. This power may also take a number of shapes. But what isremarkable is that authors of quite different style, cultural background andquality of work may be imaginatively aware of its existence. There is nochronicle source for Merlin as a god or titanic power, only a few hints in earlyWelsh poetry. Later romances and chronicles were divided between the magician ofArthurs court and the increasingly orthodox image of a diabolical being,though there is no mention of Merlin linked to Arthur in the early sources, andcertainly no question of evil.(Stewart, 82) Merlin has remained dark andmysterious despite everything. Yet somehow, none of those who have chosen towrite about him have been able to resist asking the question of whom or what heis. Answers they have come up with are different from author to author,picturing him as god or jester, as a prophet, wiseman, as an old lover as analien being brought to earth on cosmic business, as a wondrous child or as acharlatan and a liar and a madman. But always, between the disguises, we glimpseanother face, that of an old pilgrim and wanderer, sent here long ago to guideand guard the destiny of kings and of men. We perhaps know Merlin best in hismost familiar appearance, him being the wise and foresighted wizard who standsbehind Arthur in the early days of his reign who acts as advisor and councilorto the young king until he himself is ensnared by a beautiful young woman whobecomes his apprentice. The different aspects of Merlin Merlin is a popularcharacter when it comes to the stories of King Arthur and other stories dealingwith the Arthurian age. In most of the stories written about him they refer tohim as the magician, kingmaker, and prophet. We also know him as the one thattakes care of Arthur from birth, who set him on the throne, who established himthere in the early days of his reign as king. While most books agree that heknew Kin g Arthur and watched over him from birth, what was he really, was he amagician with a beard in a tall pointed hat and long cloak with a magic wandthat performed magic or was he a prophet that could for see the future asportrayed in the Crystal Cave or was he something else. In the CrystalCave Merlin is portrayed as a prophet that can see into the future with thehelp of the pattern of crystals in the cave that he discovered. Here he is notportrayed as a magician but rather it shows us his technical abilities, likewhen he moved Hele Stone of Stonehenge with the machine he built, ratherthen raising the whole stone or causing it to fly through the air or floatacross the sea. He is then portrayed as the kingmaker when at the end heis given Arthur to raise and teach so he would be ready to take over the thrownwhen he got older. Merlin may also be known as a lover Last Enchantment,when while under Arthurs rule, Merlin retires to the wilderness and there isattacked y a subtle poison given t o him by Morgause, he is later nursed back tohealth by a young girl named Ninian. After that Ninian becomes Merlins pupiluntil in the end when his powers begin to fade and she takes over the role ofguardian of Arthurs realm. Merlins more passionate side is also showedin a book written by James Branch Cabell. In the book titled Something AboutEve Merlin is summoned along with King Solomon and Odysseus to give anaccount of himself before the passes ?into the realms of the otherworld todiscover the true meaning of his life, here Merlin confesses that he was happyfor a long time in his tower, until he saw his people of the Arthurian age beginto break each other and to become filled with hate and lust and barbarity. Buteven then he lingers on, happy with his child love and peace of his tower, onlynow does he seek enlightenment in the Otherworld, where he might find failure ofhis dream.(Stewart, 96) Merlin for whatever reason does not cease to beconcerned with this world and the people wh o live in it. Merlins love ofwomen, sometimes moralized into a sexual weakness, is a reflection of hisotherworldly fathers love for his mother. This in turn relates to one of themost ancient mythical themes, and like all Merlinic lore is intimately concernedwith both environment and the spiritual intimations found in all religions,magic, and mysticism. Thus the various sexual convolutions of Merlin in themodern fiction are not merely misunderstandings of the source of material butare explorations of a universal theme expressed through the mediating figure ofMerlin. Merlin is also seen as a teacher, like in Parke Godwins Firelord. Ap Language And Composition Scarlet Letter EssayHere Merlin is in a sense Arthurs own inner self, able to show him a visionof the future, of the great king and warrior whose presence draws the veryutmost effort from the men who follow him, the man that Arthur is to become,driven by the Merlin within. In T.H. Whites The Sword in the StoneMerlin teaches by example, turning Arthur into animal, fish, or bird. Doing sohe learns many things, from his encounter with a great pike that lives beneaththe walls of his foster-fathers castle, he learns that power for its own sakeleads nowhere. Arthur as a bird discovers that boundaries are an illusion foughtover without reason. All that he learns allows him to portray his good characteras he pulls the sword from the stone that made him king. Him being a teacher isalso seen in the Crystal Cave when he is given Arthur at birth to teachbecause he did not have a father that wanted him, and so his mother thought thatgiving the child to Merlin would b e the wisest thing to do. In CatherineChristians The Sword and the Flame it has Merlin arranging for Arthur toacquire his second, more famous sword, Excalibur. Instead of him receiving thesword from the Lady of the Lake, Merlin assists in its forging by an ancientSmith God from a lump of meteorite. That the shaping of King or sword mayextend beyond a single lifetime is shown in those versions of the story whereMerlin or Arthur come again, after a long sleep, in Avalon or the HawthornTower, to continue the work left unfinished at the end of the Arthurian Age.(Stewart, 99) When writing about Merlin there are three aspect that authorslook into, the bright youth, the mad prophet and shaman, and the wise elder. Allthree are concerned with the interaction of spiritual and magical powers, with astrong emphasis in the works of John Cowper-Powys and C.S. Lewis. Merlin born ofa moral mother and an otherworld spirit according to the chronicles acts as themediator for deep powers manifesting th rough the land into human consciousness. His threefold appearance is initially that of the lifetime of any person, youth,adulthood, maturity, but into each of these aspects is channeled the most potentdynamic power, imagery, and mystery of each life phase. As a youth, he is theeternal child, of spiritual purity, as a mature man he is the wild fervent powerof magic or transforming consciousness, as an elder he is the epitome of wisdom,learning, transcendent knowledge, and experience. In fictional worksunconnected to one another, this coherence out of diversity is apparent andoccasionally the deep ancient god-form appears, the non-human power behind thesemi-human Merlin. This power may also take a number of shapes. But what isremarkable is that authors of quite different style, cultural background andquality of work may be imaginatively aware of its existence. There is nochronicle source for Merlin as a god or titanic power, only a few hints in earlyWelsh poetry. Later romances and chronicles were divided between the magicia n ofArthurs court and the increasingly orthodox image of a diabolical being,though there is no mention of Merlin linked to Arthur in the early sources, andcertainly no question of evil.(Stewart, 82) Merlin has remained dark andmysterious despite everything. Yet somehow, none of those who have chosen towrite about him have been able to resist asking the question of whom or what heis. Answers they have come up with are different from author to author,picturing him as god or jester, as a prophet, wiseman, as an old lover as analien being brought to earth on cosmic business, as a wondrous child or as acharlatan and a liar and a madman. But always, between the disguises, we glimpseanother face, that of an old pilgrim and wanderer, sent here long ago to guideand guard the destiny of kings and of men. We perhaps know Merlin best in hismost familiar appearance, him being the wise and foresighted wizard who standsbehind Arthur in the early days of his reign who acts as advisor and councilort o the young king until he himself is ensnared by a beautiful young woman whobecomes his apprentice.
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