Monday, August 19, 2019
Sparrow Hawk Red :: Ben Mikaelson essays research papers
This book is about a boy named Ricky, he is a Mexican who lives in Southern Arizona. He only lives with his dad because his mother was killed in a car accident. Ricky and his dad have a bi-plane that they fly to relieve stress and forget about the death of Rickyââ¬â¢s mom. à à à à à One day when Ricky and his dad just got done landing, there were some DEA agents waiting for them at their ranch. Rickyââ¬â¢s dad used to work in the DEA and they were back to ask him to help them steal and plane from the Cartel mansion in Mexico. The plane is supposed to have some sort of navigational system that only the DEA are supposed to have. Ricky isnââ¬â¢t supposed to know any of this but he listens secretly in another room. When he is listening he also finds out that his mother was actually murdered by the Cartel instead of a car accident. à à à à à When Ricky finds out that his dad doesnââ¬â¢t want to go and steal the plane from the Cartel, it ticks him off and he decides to do it himself. So Ricky secretly runs away one day instead of going to school and goes to Mexico. à à à à à One day when Ricky is on his way to a village in Mexico that is near the Cartel mansion, he buys a burrito on the street and some boys see how much money he has. He runs away from them for awhile but ends up being cornered. They beat the living crap out of him and take all his money and his shoes. After Ricky wakes up from the beatings, there is a girl sitting across the alley from him. She tells him where the Cartel mansion is located, and she takes him to a restaurant and they eat food out of garbage cans. à à à à à In the ending, Ricky goes in the Mansionââ¬â¢s gate as a taco runner, and steals the plane.
Sunday, August 18, 2019
Arapesh and Embedded vs. Disembedded economy :: Essays Papers
Arapesh and Embedded vs. Disembedded economy Polanyi says, regarding the economy, ââ¬Å"the economic processâ⬠¦.is embedded in noneconomic institutions.â⬠An embedded economy is an economy in which economic activities occur such as, production and distribution; however other activities, which are not economic also occur. Activities such as forming friendships or helping other people may be happening, but it might just seem like the normal economic process because it is an embedded economy. When Polanyi says that the economy is ââ¬Å"embedded in noneconomic institutionsâ⬠he means that while economic activity is occurring, it is occurring for noneconomic reasons. The economic activity may be occurring in order to continue a friendship or help someone. Activities in an embedded economy often seem like they are not economic activities. They seem like this because usually the reason the economic activity is occurring is for noneconomic reasons. For example, if two bakers both produce wheat bread, but do not eat their own, instead they exchange bread, because they want to have a reason to be friends. This situation does not seem like economic activity, it seems like two people sharing their food. It actually is economic activity, because the two bakers are both producing and distributing their bread. So, even though the bakers are only exchanging the bread because they want to maintain their friendship, what they are doing is an economic activity that would happen in an embedded economy. Today most economic activity is considered to be part of a disembedded economy. In a disembedded economy, economic activity occurs only for economic reasons, so it is the opposite of an embedded economy. Economic activity is completely independent from such institutions as family or friendship. An example, of activity in a disembedded economy is a person going to a grocery store and buying bread. There is no other institution involved in the economic process of production and distribution of the bread which is why this would occur in a disembedded economy. The producer of the bread is making the bread so that he can sell it and get money for it, the consumer is buying the bread so it will belong to him. Economic activities of production and distribution are perceived by the Arapesh to just be part of their society. Everything that the Arapesh use and take care of daily belongs to someone else, whether it is their trees or pigs. The Arapesh believe that they must share what they own with the other Arapesh to help them survive.
Industry essay: What are Web Services? -- Computer Science
Industry essay: What are Web Services? Web services have been hyped over the past year to be the most innovative improvement that has come to the Internet. It has been adopted by many companies, and has reached the forefront of applications development. So what is all the hype about? Web services can be described as an application that can be deployed or called over the Internet that allows applications to communicate with each other- regardless of the language in which they are written or which systems platform and operating system is being used. Each service is a discrete unit of code, and performs a small set of given tasks. Typically, web services make use of standard web protocols to perform its tasks- it usually follows an order: 1) find the web service requested, 2) determine how the web service is called once it is found, and 3) call the program or service requested. For the search portion, UDDI (Universal Discovery, Description, and Integration) is mainly used. It is a service that essentially is a directory of web services, and UDDI helps the user find the web service or program for which he is looking. WSDL (Web Service Definition Language) is most often used to describe how the web service or program should be called, and XML to communicate this. Finally, Simple Object Access Protocol (SOAP) encodes the XML data sent and received, and shares the data in messages over http. The potential power of web services can be displayed in a number of different ways. Web services are being used to integrate all sorts of data- from local programs interfacing with each other across a local area network, to large enterprise-level applications communicating across the Internet. A few examples of how web services can be utilized are listed below: * A utility pole is damaged in a remote area of Massachusetts, and a utility company has to come in and replace it. However, in order to do this, the cable, telephone, and electric utility companies have to act in a certain order in order for the damaged pole to be removed. Web services can be used to determine the status of the actions taken by the individual companies, since the order of the actions is based on which utility owns the pole. * A company wants to measure how much a particular product it has sold, which customers bought how much of the product, when the nex... ...partners." In other words, web services allow the bounds on software integration to be greatly expanded. It is now a great selling point for companies, particularly those that develop software. And at first, those companies that develop web services will benefit, but the success will eventually give way to those businesses that leverage web services in the most useful manner. INDEX Brown, Bob, in an interview with Zimon, Gene (CIO and senior vice-president of Nstar energy company), Utility IT Exec To Explore Power of Web Services, Network World, December 2, 2002 McAllister, Neil, Service Economy: Will Web Services Be the Savior of the Industry? New Artchitect, April 18, 2002 http://www.fatalexception.org/articles/2002/20020418.html Microsoft Corporation, What Are Web Services?, May 15, 2003 http://www.microsoft.com/net/basics/webservices.asp Saxby, Barbara Angius, Web Services: A Floor Wax or Dessert Topping?, March 7, 2002 http://www.goto-silicon-valley.com/articles/barbara-angius-saxby/web_services.pdf Sholler, Daniel, METAReport: What Are Web Services, Anyway?, Datamation, January 16, 2002 http://itmanagement.earthweb.com/it_res/article.php/955861
Saturday, August 17, 2019
Why I Deserve a Scholarship
I believe that I deserve a Big33 Scholarship for several reasons. My high attendance, academic achievement, determination, time management, financial need, motivation for college and to achieve better are all reasons I will discuss of why I believe I deserve a scholarship. The first reason is because I am very diligent in my studies and attend my classes every day. In my entire schooling career I missed very minimal amounts of school. I have obtained perfect attendance in grades 9th, 11th, and am working on 12th grade. In my 10th grade year I only missed one day of school. I have also had high honor roll every year in high school and plan to continue it throughout college. Another reason is I am very determined when it comes to both work and school. I take both of these aspects very seriously and when Iââ¬â¢m given an assignment or task, I feel very obligated to not only complete it, but do so both correctly and in a timely manner. Also I am very good at managing many things at one time. For example, in my sophomore and junior year in high school I managed school, homework, church volunteer work, practicing the piano and attending my lessons and performances, babysitting (about 40 hours per week on the weekends, overnight) family and church activities and spending time with my friends, family and boyfriend. In my senior year I am managing school, homework, work, college and scholarship applications, practicing the piano and attending my lessons and performances, babysitting my nephew about one night per week, family activities, church events, student government events, and spending as much time as I can find with my friends, family, and boyfriend. Also, with just working a minimum wage job, I do not have enough money to go to college on my own funds. I am putting away a little bit of money from each pay check since I started my job but this, though it does add up and will help greatly is not going to be enough to cover my total of six years of schooling that is required to reach the position that I desire. My main motivation for going to college is to get ahead of the society. I want to make something of myself instead of being like so many Americans today and not having enough education to stay employed in the jobs that are bombing and have a high potential for growth. Nursing greatly interested me because I enjoy working with people and like to make their day better in any way I can. I absolutely love infants and that is why I want to continue my education until I reach a level of a Neonatal nurse. I want to obtain a job that I love to go to everyday. The quote by Confucius ââ¬Å"Choose a job you love and youââ¬â¢ll never have to work a day in your lifeâ⬠is a huge motivation to me. That is why I chose nursing as my major, so I would get to work with infants, my favorite thing to do. These are a few reasons of why I believe that I deserve a scholarship from Big33 so that I can continue my education from high school and attend college.
Friday, August 16, 2019
Teachers And Teaching In The Uae Education Essay
On Sunday, 07 February 2010 an Education Policy Forum took topographic point in the Dubai School of Government titled ââ¬Å" Teachers and Teaching in the UAE. â⬠The session included 4 panellists: Dr. Ian Haslam, Vice Chancellor of Emirates College for Advanced Education, Dr. Jane Truscott, Academic Programme Coordinator for Madares Al Ghad, Ministry of Education, Dr. Peggy Blackwell, Dean, College of Education, Zayed University, and, Jill Clark, Principal Curriculum Advisor for Early Years, Centre for British Teachers in Abu Dhabi. The panel was headed by the Moderator Dr. Natasha Ridge, Research Fellow, Dubai School of Government. The forum discussed the challenges and troubles to building an first-class instruction work force with quality, instructors ââ¬Ë fulfilment and satisfaction degree with the preparation and instruction they get, and how the preparation of instructors is altering instruction in the United Arab Emirates. Dr. Haslam started his treatment by inquiring what are the challenges to constructing a quality learning work force in the UAE? What are the challenges to raising the quality of the current instructors? What are the clear regulations and ordinances? He mentions the Singapore Model. Dr. Haslam focuses specifically on the significance of cooperation between schools and other larning establishments in public society. He mentioned that they need more work forces in ( ECAE ) as it is dominated by adult females. He talked about the 11,000 instructors who performed really ill on IELTS and had really low tonss. He added that most of the instructors do non hold pre-teaching preparation. Dr. Haslam emphasized the importance of constructing partnership between the province and the schools. He mentioned an of import point that if the pupils are underperforming, it is the instructor to fault and if the instructor is underachieving it is the Head of the Institution to fault. He said there need to be alteration and development in the procedure of how instructors are recruited and how it is extremely of import to maintain advancing by puting in research in instruction and professional development. The 2nd panellist was Dr. Jane Truscott. She started off by stating that Madares Al Ghad has 44 schools all over the Emirates with the same budget and resources as the remainder of the Ministry of Education schools. There are 3 chief ends of Madares al Ghad: to make a first educational system, to increase the capacity of UAE instructors, she says ââ¬Å" the instructors are our resource for effectual instruction â⬠, and to increase linguistic communication proficiency of class 12 alumnuss. She discusses the category room methodological analysis and as to who chooses the course of study. She negotiations of the importance of traveling to a modern category room where pupils can work in groups and where critical thought and collaborative acquisition takes topographic point. The pupils should larn new engineerings, she adds and to go experts with greater liberty and duty. The pupils have to go independent instead than dependent on the instructors. She so moves to discourse the chal lenges that face the instructor and how the quality of instructors is to be improved, how teacher preparation is transforming instructors in the Madares Al Ghad Schools. She talks about how to better the system overall and how to back up the mechanisms for the instructors to back up their attempts to do alteration. The tierces panellist, Dr. Peggy Blackwell spoke about some challenges that are confronting the instruction profession. The first thing she mentioned was the demand of a acquisition centre for instructors. She adds, the instructors need initial readying in the university and professional readying outside the university. The instructors have to cognize what they are learning and how to reassign the content to the pupils. Blackwell discusses the ends which are: to give the instructor the nucleus cognition for their calling and professional development, for every instructor to learn in a manner to optimise the cognition for the pupils. She talks about the importance of research and how course of study is of import for learning. Teachers should cognize about kid development and reliable appraisal of pupils. What could be the challenges? she discusses. There are a figure of challenges: Geographic scattering, non plenty support, non plenty follow up and work with the instructors, the Emira ti pattern of a short school twenty-four hours and school twelvemonth and many more. She so moves to the recommendations which are: the governments should present enfranchisement and licensing given to instructors when they complete professional criterion, a research Centre, learning Arabic linguistic communication is critical and how to learn it and to pay attending to what the pupils have to state and their feedback. Last, Jill Clark starts off by speaking briefly about the what the Centre ââ¬Ës mission and the alterations and transmutations initiated by the Centre for British Teachers in Abu Dhabi over the past 4 old ages in a figure of schools in Abu Dhabi. She said that Abu Dhabi invests a batch of money to develop the schools and to back up the instructors and a batch of schools have had good support ( substructure, equipment, etcâ⬠¦ ) from Abu Dhabi Education Council. These developments and alterations included doing the schoolrooms a more exciting topographic point to analyze, supplying entree to engineering in the schoolroom and extra instruction equipments and stuffs. She mentions the importance of civilization and heritage and how indispensable that the kids remember the UAE values and history. The English linguistic communication should be developed and that instructors should make this strong bond with the students and develop active larning communicating with the parents. Clark s discusses the major purposes of the Centre which are to make to the criterion of International Education, to develop on Humanistic disciplines, physical instruction and wellness, bilingual development, larning in context ( active acquisition ) and job resolution, instructors have to travel for lessons after school for English, regular appraisals of acquisition and developing practical patterns. She concludes by saying that the consequences until now have been really successful. After the four panellists finished their treatments, the moderator of the session, Dr. Natasha Ridge, opened the floor for inquiries and she concluded by reemphasizing the necessity to originate original and new learning methods to hold the students engage good. At the terminal of the forum, it was agreed that important partnerships need to be promoted between the state, the instruction mechanisms and other authorities organic structures to sketch indispensable policies that affects the development of kids.
Thursday, August 15, 2019
Court Organization Essay
The paper focuses on the various court organizations and the corresponding function of every court organization as a whole as well as the various functions of its internal elements. Among the court organizations that the paper aims to analyze are appellate courts and trial courts. By looking into the corresponding jurisdiction of each court organization, the paper further completes the analysis by juxtaposing the jurisdiction of one against the other. With the idea of jurisdiction, the paper also elucidates on the types of cases that each court organization handles and the legal manners in which such cases are decided. Court Organization The system of courts that comprise the totality of the American federal courts are organized essentially by the U. S. Constitution and the laws legislated by the American federal government. Among these courts that function in the American judicial branch are trial courts and appellate courts. For the most part, federal trial courts are referred to as Federal District Courts which has the authority to hear appeals from lower bodies such as the administrative law judges. On the other hand, the intermediate appellate courts are referred to as the Federal Court of Appeals which functions under a mandatory review process that amounts to the task of hearing all appeals from the lower court bodies. The organization of these two judicial bodies, generally speaking, is more parallel in contrast to being different. In essence, the differences between the federal trial courts and the appellate courts can be observed from their respective internal organizational composition. While much of the similarities between the two courts can be obtained from their general task of deciding on legal cases, their distinctive features on how they are to specifically function substantiates their individual characteristics and separates their roles despite their apparent overlapping similarities as we shall see later. What is important to note at this point is to bear in mind that appellate courts and trial courts, specifically in a federal government, have separate functions amidst the parallel characteristics that one may observe from the two. The conception of these two distinct but seemingly parallel courts can be traced from the evolution of the judicial system of the United States. Much of the written historical basis for establishing a judicial system can be extracted from the Constitution of the United States of America. The history of the American judiciary includes the Judiciary Act of 1789 which created a Supreme Court composed of one chief justice as well as five associate justices. In essence, the Act established the judiciary arm of the American government which also defined the Supreme Courtââ¬â¢s jurisdiction. Among these jurisdictions include, but is not limited to, the appellate jurisdiction over larger civil cases as well as cases wherein state courts ruled over federal statutes. The Act also provided the composition of the lower district courts, which amounted to thirteen back then, as well as the proposition that the Supreme Court can resolve conflicts between states and that the judgment of the Supreme Court is final (ââ¬Å"The Judiciary Act of 1789,â⬠1999). From the Judiciary Act of 1789, District Courts were established which had judicial responsibility over their respective districts. As these district courts were divided into circuits, the jurisdictions of these courts were divided as well according to the circuits they belong. Federal District Courts Being the general courts of the court system of America, federal district courts are the courts where both criminal and civil cases are filed. This can also be taken from the fact that federal district courts were conceived as a court both of equity and of law. Each of these courts spread across the various judicial districts unique for every state are formally named after the district where the court has jurisdiction such as the United States District Court for the Southern District of New York for instance. United States district judges are judges of the district courts of the federal government where their total numbers for every district court are defined by Congress in connection with the Judicial Code. Under Article 3, federal district judges are appointed throughout their life in their position where they can be removed involuntarily from their position in factual instances where they breach the standard of ââ¬Ëgood behaviorââ¬â¢. This involuntary removal from office can be obtained through an impeachment process initiated by the House of Representatives proceeded by a trial in the Senate. After a two-thirds vote to convict is established in the Senate, only then is the federal district judge removed from his or her office. Moreover, in order for an individual to file a case in the federal district court, the individual must be able to provide a substantial justification as to why a federal court instead of a state court should decide on the case. This in turn leads to the observation that not all cases can be admitted by the federal district courts under its adjudicatory powers. Since not all legal cases can be litigated in federal courts, it is an imperative for the individual to be able to make certain that the case being filed is a federal case if the individual is after a federal case against an individual for instance. State laws are oftentimes the basis for the claims for federal district courts as in most cases the claims under state laws were pleaded and that the sole and primary source for federal jurisdiction is the variety of citizenship. There are also instances wherein the plaintiff has pleaded claims under the state law even if the case is under a federal question. In such cases, the federal district courts must decide state law claims through the application of the substantial or relevant state law in which they preside even if federal court judges apparently employ federal law for the corresponding procedure. Ironically, the opinions set forth by the state courts supersede the opinions given by federal courts and that, further, a federal court must give way to a state supreme court in matters that involve the interpretation of state laws. In essence, a final court ruling by any district court in criminal or civil cases can be appealed towards the Court of Appeals of the United States with respect to the corresponding federal judicial circuit under which the district court is situated. One exception to this is that some rulings from federal district courts which involves patents and several other matters that are specialized must be appealed to the United States Court of Appeals for the Federal Circuit. In several rare occasions, the cases may be directly forwarded and appealed immediately to the Supreme Court of the United States. Federal Court of Appeals The Federal Courts of Appeals of America are considered as the mid-level appellate courts under the system of federal courts of America. It is the court that adjudicates the appeals for cases previously decided by the federal district courts of the United States which is under the corresponding federal judicial circuit. In essence, the total number of thirteen Courts of Appeals in the United States is positioned between the Supreme Court and the District Courts of the United States although there are cases where a case can be appealed directly to the Supreme Court. As every particular state in the United States has its own structure of appellate courts, it leads to the variations on how cases are to be handled. For instance, the Court of Appeals in the state of New York is considered as the highest court within the state inasmuch as it is the court of ultimate resort within the legal confines and jurisdiction of the state. One exception, however, are cases that pose questions concerning the federal law where they can be appealed from the respective court of appeals to the Supreme Court. What differentiates a federal district court from a federal court of appeals? The answer to this question rests on the legal presumption that the court of appeals can reevaluate and overturn any previous decision from federal district courts. This is essentially initiated by the instance when the accused who was previously given a ââ¬Ëguiltyââ¬â¢ verdict files an appeal to the federal court of appeals. This can be observed from what has been termed under the ââ¬Ëdue process of the law. ââ¬â¢ The term itself implies the administration of equal laws according to established rules, not violating the fundamental principles of private right, by a competent tribunal having jurisdiction of the case and proceeding upon notice and hearing. Nevertheless, one must not fail to recognize that certain lower court decisions can be overturned which then presents the idea that these lower court decisions are not yet final. For one, the decisions upheld by federal district court justices can be overturned by a higher court. However, the higher courts cannot instantaneously initiate a thorough reconsideration and cannot simply arrive at a decisionââ¬âeither the court will uphold the decision of the lower court or overturn the judgmentââ¬âwithout a ââ¬Ëformalââ¬â¢ appeal from the accused. For instance, the case of Pell v. E. I. DuPont de Nemours & Co. Inc. gives us a brief sketch on how accused parties can resort to a reconsideration of a previous district court decision. In the case, the district court of Delaware earlier denied the request of the plaintiff for restitution for unduly payments for pension that are deemed low. In consequence the plaintiff resorted to a motion for reconsideration for the district court which, in the end, the court denied for the reason that the plaintiff failed to discharge the high burden necessary to prevail on the motion filed by the plaintiff. In essence, the case and the plaintiffââ¬â¢s motion for reconsideration emphasize the ideas: that the district court can look into a motion for reconsideration from the plaintiff once filed and, conversely, that the district court can either deny or grant the motion. In contrast to the function of federal district courts to hold trial and determine the punishment for criminal cases or damages which will be awarded, the appellate courts of the federal government do not essentially hold trials as part of their innate legal function. On the other hand, these courts merely serve the legal function of reviewing the decisions of federal trial courts for the existence of any errors of law. This conversely relates the idea that these courts merely have appellate jurisdiction. Moreover, federal appellate courts do not accept anything else other than the records from the federal trial courts such as the papers that both legal parties have filed as well as the exhibits and transcripts relating to the trial. The federal appellate courts also consider the legal arguments of the involved parties in the case. With these ideas in hand, one can note the essential differences which separate one court from the other. More importantly, the scheme in which court hearings and legal cases flow signify that there is a formal system being strictly followed. That is, an individual cannot originally file a legal complaint against another individual or entity in the appellate courts for such an instance is not the definitive function of federal appellate courts. Moreover, a plaintiff can still resort to an appeal to the federal court of appeals once the verdict of the lower courts, or the federal district courts for instance, do not favor their side. All of this information leads us towards the larger understanding that there is indeed what we call a ââ¬Ëcourt organizationââ¬â¢ which gives a formal and rigid structure to the entire legal system especially in a federal government. The hierarchy in courts or the court organization in general limits certain legal actions while sustaining the due process of law. While the organization of courts gives certain limitations, it can be seen as a legal tool for securing the systematic approach for meticulously arriving at crucial decisions. Let us now look into the advantages and disadvantages that come along with the very nature and structure of the organization of courts, specifically between federal district courts and federal appellate courts, in a federal system of government. Advantages and disadvantages It is an established fact that appellate courts cannot simply address a legal appeal without the parties requesting for one. Moreover, appellate courts do not have the legal jurisdiction of hearing trials and providing punishments and damages to individuals and other entities. Conversely, these things suggest the ideas that there must first be an appeal and that, second, there must be previous court decisions on which the appellate courts will derive their corresponding decision. Hence, an appealing party has the advantage of going through a rigorous examination of their case which ensures that the decisions made until it reaches the Supreme Court are carefully brought into proper attention. On the other hand, the very organization of the court makes it a disadvantage for the appealing party at least in terms of resources. Specifically, financial resources must be present o as to sustain a continuous appeal for the appealing parties as the case ascends higher into the hierarchy of courts. Financial resources, for the most part, applies very well for the funding of legal battles which come in the form of payments for legal services rendered and other related expenses. In essence, appellate courts, being the courts between the trial courts and the Supreme Court, stand in the way for appellants to go directly to the Supreme Court for a final appeal. Nevertheless, these appellate courts were not essentially established to hinder individuals from going directly to the higher court but to see to it that lower court rulings are kept in accordance to the law while giving the Supreme Court a lesser task to attend to so that the Court can focus on larger issues that need large amounts of careful analysis. On the other hand, it appears that federal district courts can also legally entertain motions for reconsideration which barely amounts to an appeal to the appellate courts. Hence, plaintiffs, for instance, have the option to file a motion for reconsideration in federal district courts before filing an appeal to the appellate court once the motion for reconsideration is denied by the district court. One disadvantage to this scheme is that it takes a considerable length of time assuming that the plaintiff is willing to take all legal paths so as to attain the desired court decision. The value that must be noted here is that a seemingly justified and rightful decision comes as several expenses. These expenses, for the most part, come in the form of time and financial resources. These two elements are exhaustible which presents the idea that either an individual can spend a considerable fraction of his or her life fighting a legal case for the rightful decision or a certain court, the appellate court for instance, can hinder the individualââ¬â¢s attempt inasmuch as the court sees fit. On a deeper analysis, one can observe that if a certain federal district court grants the motion for reconsideration filed by a plaintiff, it translates into the acceptance that, at some point in time, the court has failed to see all the angles in the case and provide the necessary, justified, and rightful decision. For instance, a federal district court can decide to grant the motion for reconsideration filed. However doing so leaves us the assumption that the trial court accepts its failure to formally account and resolve the legal case. While the courts are essentially expected o arrive at firm decisions bounded within the confines of the law, these courts are not essentially assumed to commit to error either deliberately or unintentionally. In any case, federal district courts are at the helm or core of the case since these are the courts that primarily decide on verdicts and that the role of the higher courts, in essence, can be seen as something more of a reviewing body that realigns the decisions of the lower courts in accordance to the law. The need for court organization Is it possible to arrive at a substantial decision from among courts if they re not linked in one way or another? For instance, if the federal district courts and federal appellate courts function entirely separate without having a schematic purpose or correlation, would it lead to a substantial advantage to the people they serve? Interestingly, it can be seen that one of the primary reasons why court organization has been established is to give an ample room for reviewing and realigning previous court decisions in a lawful manner. Although federal trial courts are the primary courts where legal cases are filed and decided, it can be noted, however, that federal district courts are not the penultimate courts where no appeal can be filed. Quite on the contrary, the fact that these courts allow individuals to file a motion for reconsideration of court rulings brings us towards the perception that these courts may not be entirely devoid of committing to either partially or totally erroneous court decisions. Since federal courts, and perhaps any other courts, are still open to unintentionally committing errors in judgment, there must be at least a scheme that addresses such a situation. Otherwise, any court would hardly be able to correct its own misjudgments or the misjudgments of other lower courts. Given this observation, court organizationââ¬âspecifically the manners in which federal district courts are lower than appellate courts at least in terms of the scope of jurisdictionââ¬âcan help resolve the underlying problems that may substantially arise over the course of time. How can court organization be able to help resolve the underlying problems in erroneous court rulings? The answer to this question rests on the premise that, by placing a certain hierarchy among courts and by limiting and specifying the jurisdiction for every court, certain decision can be reviewed and be realigned in accordance to the proper dictates of the law. By having a form of checking the decisions of the lower courtsââ¬âfor instance, the case between federal district courts and federal appellate courtsââ¬âhigher courts such as appellate courts can see or reiterate that the decision of the lower courts is fitting. On the other hand, appellate courts can also reverse the previous decision of the lower courts. What is important to note here is that the organization of courts, specifically the jurisdiction under which they operate, allows for a ââ¬Ërefiningââ¬â¢ of previous court decisions given the instances where there is an appeal from the concerned party. Although federal district courts can entertain motions for reconsideration from the concerned party, it does not necessarily translate to the idea that the party can resort to an infinite number of motions for reconsideration until the court has decided favorably to the side of the party. The very idea of court organization gives due importance of an appeal from individuals. This it does by allowing the individual to file for a motion or an appeal yet in a planned scheme. By ââ¬Ëplanned schemeââ¬â¢, what is being contended is that, from the lower courts to the Supreme Court, the right of the party to file for an appeal or a motion is met by dispersing the jurisdiction of courts to hear the appeal or motion sequentially. That is, the party must follow the sequences or procedures established by the law when appealing. For the most part and in most cases, an ordinary individual cannot go directly straight to the Supreme Court to file for an appeal without having first to pass through the lower appellate courts. Like in most organizational scheme, a hierarchy of the divisions of the organization permits a systematic approach in handling the tasks innate to the function of the organization. Since the court system of a federal government is an essential and significant portion of the governmentââ¬â¢s functioning, it is an imperative that the court system must be given due attention. One way to achieve this end is to provide a scheme in which the entire court system will be able to effectively handle its multifarious tasks from the bottom level to the larger degree. This ââ¬Ëschemeââ¬â¢ is parallel to a court organization whereby there is a level of court divisions handling specific functions. As we have seen, federal district courts are the courts which receive the cases filed by individuals. On the other hand, federal appellate courts are the courts which receive appeals from individuals seeking a decision that legally favors them. Conclusion The system of courts that comprise the totality of the American federal courts are organized essentially by the U. S. Constitution and the laws legislated by the American federal government. Federal District Courts and Appellate Courts are two of the courts in the federal government that serve the identical functions of bringing justified and lawful decisions to legal cases. On the other hand, these two court systems also have varying functions. In essence, the differences they have rest on their respective jurisdictions. References Courts. Appellate Jurisdiction of Supreme Court. Suit against United States. (1919). The Yale Law Journal, 28(5), 513. Appellate Practice: Power to Amend Judgments. (1927). Michigan Law Review, 25(7), 789. Constitutional Law. Construction, Operation, and Enforcement of Constitutions. Constitutionality of an Appellate Court with Final Jurisdiction. (1931). Harvard Law Review 25(2), 187. Federal Courts. State Rule Holding Payment of Federal Judgment Attached in State Court a Valid Satisfaction of the Judgment Not Controlling on Federal Court. (1940). Virginia Law Review, 27(2), 231. Constitutional Law. Judicial Powers. Statute Authorizing Appellate Court to Pass on Motion for New Trial Undisposed of by Trial Court Held Unconstitutional. (1941). Harvard Law Review, 54(8), 1391. Federal Courts. Relations of Federal and State Courts. Federal Interpretation of State Legislation. (1954). Harvard Law Review, 37(8), 1140. Collins, M. G. (2005). The Federal Courts, the First Congress, and the Non-Settlement of 1789. Virginia Law Review, 91(7), 1515. Fair, D. R. (1971). State Intermediate Appellate Courts: An Introduction. The Western Political Quarterly, 24(3), 415. Grunbaum, W. F. , & Wenner, L. M. (1980). Comparing Environmental Litigation in State and Federal Courts. Publius, 10(3), 129. Haas, K. C. (1982). The Comparative Study of State and Federal Judicial Behavior Revisited. The Journal of Politics, 44(3), 721. J. , G. (1929). Courts: Appellate Courts: Review of Findings. California Law Review, 18(1), 84. Newman, J. O. (1989). Restructuring Federal Jurisdiction: Proposals to Preserve the Federal Judicial System. The University of Chicago Law Review, 56(2), 761. Oââ¬â¢Neill, M. E. (1990). A Two-Pronged Standard of Appellate Review for Pretrial Bail Determinations. The Yale Law Journal, 99(4), 885. Richardson, R. J. , & Vines, K. N. (1967). Review, Dissent and the Appellate Process: A Political Interpretation. The Journal of Politics, 2(3), 597. The Judiciary Act of 1789. (1999). Retrieved September 5, 2007, from http://usinfo. state. gov/usa/infousa/facts/democrac/8. htm Yuhas, G. (1976). Statewide Public Defender Organizations: An Appealing Alternative. Stanford Law Review, 29(1), 157. Outline Introduction The paper will initially provide the substantial facts and accounts to court organizations as a whole, including a brief sketch of its history and evolution as well as its current state. The introductory part will conclude with a brief overview of the trial courts and appellate courts. Body The paper will further substantiate on the essential attributes for the trial courts and appellate courts correspondingly which will then be used as a basis for the varying approaches trial and appellate courts handle and decide cases as well as the jurisdictions of every court organization. By introducing these various factors, the paper will then attempt to establish an account of the jurisdiction, including the possibility of overlap in jurisdiction as well as restrictions thereof, for every court organization. The body of the paper will conclude with a paragraph restating the differences and similarities between the two court organizations. Conclusion In conclusion, the paper shall provide a brief rerun of what has previously been discussed to be followed by an account of each courtââ¬â¢s jurisdiction as well as the unique roles of every internal element of trial and appellate courts.
Wednesday, August 14, 2019
Ethical Challenges Essay
Almost any field of profession has its corresponding hardships that an individual involved in it has to face. Nevertheless, there are occupations that pose a more challenging situation due to the fact that it deals with the life or personal affairs of other people. This kind of adage is greatly applicable to the area of psychology most specifically counseling. The counselors are responsible in aiding people who are having difficulties in various areas of their lives, may it be in terms of their personal growth, relationships with other people, and many others (Hawkins et. al, n. d. ). Being the case, counselors have their own set of ethical dilemmas in doing their responsibilities especially in terms of separating their personal and professional relationships with their clients as well as giving sound judgments in times of crucial situations. These aforementioned roles could be exemplified in this case of a counselor that works in a rural setting. Counseling in this type of area entails that almost all people know each other and that they usually go and socialize to the same places. As such, being a counselor it could not be prevented that I have to socialize with my clients to some community events. This could mean ethical dilemmas such as: confidentiality, privacy and the overall boundary between a counselor and his or her client. This is why I should establish a firm distinction between my personal and professional life. I should see to it that whenever I mingle with my clients at community events I would not discuss any of the sessions that we had especially the situation of my other patients. Moreover, it is better that I do not get to attach with any of my clients to prevent any biases in their cases but I will still make sure that I establish good relationship with them. Another case involves a counselor that works in a local high school. One of her clients called her at a very distraught state and informed her that she was pregnant before and she committed abortion. She has not told anyone about it aside from the counselor. If I were the counselor, I will tell my client that it would be better that we talk the problem over face-to-face rather than in the phone. I could fetch her, as she is not in a proper state to travel. Then, we could talk at the clinic regarding her problem. I will also make sure that utmost confidentiality is observed since this is a very serious and delicate matter. I would leave the decision to her as to when she would inform her family and her boyfriend about that particular incident. However, I would also make sure that I inform her about the limitations to confidentiality (Hawkins et. al, n. d. ). In doing so, I could aide in deciding for the appropriate thing to do. The ethically appropriate action is to aide her through counseling and other means to guide her in making the right choices but I will never meddle with her decision or impose anything upon her. The role of the counselor is to help and guide the patient to make her burden easier but never to take control of the situation. In these two cases, it is clearly observable that counselors face ethical challenges in their profession. They even encounter more incidents like these because their responsibilities deal with other peopleââ¬â¢s life especially with regards to their emotional state. As such it is important that counselors adhere to ethical standards in order to help them in making sound and appropriate decisions. Reference Cornier, & Hackney. (2008). Hawkins, A. , Cormier, S. , & Bernard, J. (n. d. ). Common Challenges for Beginning Counselors.
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