Porter s 5 forces analysis and a life cycle analysis - why is the Assignment

Porter s 5 forces analysis and a life cycle analysis - why is the Australian Car Manufacturing Industry closing down - Assignment Example Although global and local economic conditions have played a major part in the death of the manufacturing industry, blame has also been placed on the many parties and factors involved. By studying the current state of the industry and using porter’s five forces analysis, we can better discern as to what the main drivers were that caused the ultimate death of the Australian automotive manufacturing industry. The Australian car manufacturing industry has become far too small to be sustainable for any particular manufacturer. Australia’s three car manufacturers Holden, Ford and GM all announced they would shut down their local manufacturing operations within nine months of each other. With the local economy facing harsh times it seems that with current size of the market and increased competition from imports has simply gotten too small to be profitable. As a matter of fact, the size of the market had gotten so small that all three companies began to rely on each other just to survive and stay afloat. It has been a long time coming, the death of the Australian auto manufacturing industry. Although, there have been many interrelated reasons that have caused the slow demise of the industry many individuals put the most of the blame on the federal government. It has been blamed for much of the troubles that have negatively affected local manufacturers from their low import tariffs. Many of the federal government initiatives such as their Free Trade Agreements with China and India, low import tariffs, and the controversial automotive financial bailouts have created an industry that cannot sustain itself. Others place the blame to the car manufacturer themselves that used the Australian government like their own piggybank to bail them out financially. Additionally, the federal government and their economic policy itself have created a nation with relatively high wages, strong currency coupled with the extremely low

Constitutional Administrative Law Essay Example | Topics and Well Written Essays - 1500 words

Constitutional Administrative Law - Essay Example This supranational policy has greatly affected the sovereignty of member states. The attainment of the United Kingdom (UK) to the European Communities (EC) membership forces it to effect community law in the country. This paper will critically analyse and evaluate how the United Kingdom courts have initiated the community law effectiveness over principles of domestic law, parliamentary sovereignty inclusive. Evaluation of the UK Courts achievements Chief sources of community law emanate from the secondary and primary legislations, which bind the member nations onto the law’s subject. Primary legislation comprises of amendments treaties, accession treaties and original treaties. Secondary legislation is composed of laws formed in treaties accordance. Sovereignty is unrestrained political powers that enacts and makes laws in national parliaments that are neither suspended nor overridden by any other body of institution. The EC Act in 1972 stipulated that the UK had novel sources of law as from the 1st of January 1973(Steiner & Woods 2006, p.72). As highlighted earlier, these sources are the treaties or primary laws of the European communities and the secondary laws legislations. ECJ rulings have a greater implication on the English law. European community is concerned with laws from various sources such as; education, health, consumer policy, competition, companies, fishing and agriculture, free movement of goods and workers, and environment. However, it has no competencies in social and economic areas of the United Kingdom. UK courts have apprehended community law over principles underlying national laws including sovereignty of the parliament by enacting the principle of supremacy and direct effect which have greatly affected the legal system of Britain (Beatson 1998, p. 47). As highlighted by Turpin (2007, p. 41), the UK’s establishment of sovereignty is derived from the convention of British constitution. These sovereign factors include; a futur e parliament cannot be connected by the existing one, the parliament can legislate on matters concerning its choosing such as retrospective legislation, the parliament can create any law and no court can impede such laws. In general terms, it means that the parliament can choose or cancel any law, and courts within UK must enforce them. Being a member of EC, such principles are compromised (MacCormick 1999, p.29). In 1957, the treaty of Rome set up EEC. This treaty made up the primary laws constituted in the EEC constitution. According to Bra & Malanczuk (1997, p. 65), the Rome Treaty is superior to all national or domestic laws. In case there exists a conflict between the treaty of Rome and the parliament, the first one will prevail i.e. the treaty of Rome. Therefore, the constitutional convention that sovereignty is attained by the parliament is contradicted. As asserted by Hunt (1998, p. 109), under some circumstances, a judge fails to apply English statute provisions in the trea ty of Rome. The 1972 European Communities Act under section two presents that all legislations of the parliament passed either after or before the EU act must be applied and construed in agreement with the community law (Borchardt 1991, p. 76). English law must be well interpreted more so, have effect subject to European Community law is supreme principle. Solely, the EC law takes precedence

Republic Day (India) Essay Example for Free

Republic Day (India) Essay Parades, distribution of sweets in schools and cultural dances In India, Republic Day honors the date on which the Constitution of India came into force replacing the Government of India Act 1935 as the governing document of India on 26 January 1950.[1] The date of 26 January was chosen to honour the declaration of independence of 1930. It is one of the three national holidays in India. While the main parade takes place in the national capital, New Delhi, at the Rajpath before the President of India (currently Pranab Mukherjee, the anniversary is also celebrated with varying degrees of formality in state capitals and other centres. India achieved independence from British rule on 15 August 1947 following the Indian independence movement noted for largely peaceful nonviolent resistance and civil disobedience led[citation needed] by the Indian National Congress. The independence came through the Indian Independence Act 1947 (10 11 Geo 6 c. 30), an Act of the Parliament of the United Kingdom that partitioned British India into the two new independent Dominions of the British Commonwealth (later Commonwealth of Nations): India and Pakistan. [2] India obtained its independence on 15 August 1947 as a constitutional monarchy with George VI as head of state and the Earl Mountbatten as governor-general. The country, though, did not yet have a permanent constitution; instead its laws were based on the modified colonial Government of India Act 1935. On 28 August 1947, the Drafting Committee was appointed to draft a permanent constitution, with Dr.B. R. Ambedkar as chairman. While Indias Independence Day celebrates its freedom from British Rule, the Republic Day celebrates the coming into force of its constitution. A draft constitution was prepared by the committee and submitted to the Assembly on 4 November 1947. The Assembly met, in sessions open to public, for 166 days, spread over a period  of 2 years, 11 months and 18 days before adopting the Constitution. After many deliberations and some modifications, the 308 members of the Assembly signed two hand-written copies of the document (one each in Hindi and English) on 24 January 1950. Two days later, it came into effect throughout the nation. Celebrations See also: Delhi Republic Day parade The main celebration is held in the capital New Delhi. Celebrations are also held in state capitals, where the Governor of the state unfurls the national flag. If the Governor of the state is unwell, or is unavailable for some reason, the Chief Minister of the state assumes the honour of unfurling the National Flag of India. On this day 26 January Indian flag is hoist by the Presidents of India and after that national anthem is sung by the all groups in the standing postion. India Will Celebrate Its Republic Day With Pride And A Faint Hope For The Mighty Lokpal Dr. Bikkar Singh Lalli On January 26, The Republic of India, world’s largest liberal democracy, rich in ethnic diversity, with over 1.3 billion people speaking hundreds of languages, will be celebrating its secular birth. Perhaps there is no better day than Jan. 26 to reflect on the opening words of the Indian Constitution, the document that enshrines the foundation of the world’s largest democracy begins with ‘We the People of India†¦Ã¢â‚¬  Hopefully, on that day of joyous celebrations, caste, creed or religion for people of India, will not matter at all. It was January 26 of 1950 when the constitution of India came into force and India attained a sovereign status. The Preamble of the constitution seeks to establish what Mahatma Gandhi described as â€Å"The India of my dream: – —.woman will enjoy the same rights as man†. India will celebrate its 63rd Republic Day on Jan.26. Its supercharged economy has been the envy of the world. The dreams of Mahatma pay fi tting tribute to the people of a nation who, from all corners of the planet, are fuelling the spectacular growth of their homeland. During 2010-2011 alone India received $58 billion from Indian Diaspora. â€Å"The people of India, whether they live in India or elsewhere, are the engine of India.† For 2012 however, the economic forecast appears to be a bit gloomy mostly due to the turmoil in the global economy, especially in the Euro-zone Problems in the global economy and the  government’s inability to control corruption at home, will affect the government’s revenue-raising capacity in 2012. In fact, the Central excise collection fell by 6.5 per cent in November. That shortfall will affect the investment on infrastructure: like proper roads, power supply and railways that gives better opportunities to the poor to earn more. Thousands of villages remain with little or no power supply. Significantly, core sector industries (power, steel, coal, petroleum refining, electricity, cement, natural gas and oil) grew extremely slowly at 0.1 per cent in October 2011. The slowdown in the EU is also affecting Indian exports which grew only by 4.2 per cent in November 2011. Inflation, which is close to double digit again, will hit the poor hard unless food prices are brought down drastically. This economic melt-down will affect the poor most. Over 800 million Indians are living below the poverty line, and this year about 22 million more will be added to that number with the 2.8 per cent growth in population. For people in dire straight, republic day or for that matter any historical event has no real significance. Anna Hazare’s campaign against corruption is laudable. But, is it possible to cleanse the polluted polity and change the greedy mindset with the passage of a Lokpal Bill? You cannot legislate social change. The democracy, the super-watchdog which should deliver all-round accountability, has become extremely weak and wasteful in India. Election to five States has been announced. To curb irregularities, to fight corruption, the commission has announced steps to reduce the role of black money in elections The politicians accepting funds, for fighting an election, know that a quid pro quo (pay-back) is involved. There are also wealthy fighting elections using their own unaccounted funds. They pay off the party leadership to get nominations. For the elimination of corruption and other maladies afflicting Indian polity, what matters most is the moral and social climate of a country. If this climate is healthy, dry and dirty bushes would not come about. â€Å"The soil would support greener pastures which would throw up upright and earnest people who in turn would choose upright and earnest leaders. One would reinforce the virtues of the other. And the nation would move from clean to cleaner public life, from strength and stability to greater strength and stability.† Every party in power has played havoc with watchdog institutions so as to control them for its narrow ends. Democracy ought to have ensured accountability of institutions. Votes  should have weeded out corrupt but the opposite has been happening – the honest rarely win elections. There is a need for political movements that can change the national consciousness; a task being addressed by movement against corruption and for a Lokepal Unfortunately, no one in our national leadership is applying his or her mind to bring about this change. As log as an elected official is not answerable to the electorate in his/her constituency, corruption cannot be eradicated. In his address to the nation the Dr. Manmohan Singh, a man of impeccable integrity and vision, will give a very hopeful message to the nation, regarding the health of the nation’s economy. He has already announced his decision to allow qualified foreign investors (QFIs) to directly invest in the Indian equity marke t. In his address at the 99th Annual Session of the Indian Science Congress in Bhubaneswar (Orissa) on Jan.3, he said that: â€Å"As we head into the Twelfth Plan, there are some objectives we must try to achieve in the Science and Technology sector. First, we must ensure a major increase in investment in RD, including by industry and strategic sectors. Second, we must ensure the creation of a new innovation ecosystem. Third, we must achieve greater alignment of the Science and Technology sector with the inclusive development needs of our nation. Fourth, we must expand basic science infrastructure. Fifth, we must encourage greater research collaboration among universities and national laboratories.† In order to compete with China, India has to do much more that what PM is aiming at. India has been seriously lagging behind in education. By 2012, it aims to educate as many as seven crore learners out of which six crore will be women. With more than 400 universities and over 20,000 colleges, the student enrolment in India has crossed 12.9 million in 2007 – 2008. Millions of children go to school every day. But for 10 million street children there, 50,000 in the streets of Delhi alone, there is no schooling and no home. They are either rag pickers or engaged in other hazardous jobs, and for them the word ‘secular democracy’ is â€Å"hopelessly meaningless† and redundant. It is estimated that there are 80-100 million children out of schools and are trapped in endless cycle of exploitation. Moreover, India has the dubious distinction of having the largest number of child workers in the world. They need protection, loving homes and good education. Prime Minister Manmohan Singh, on Jan.10, described child malnutrition as â€Å"national shame† and said health, education  and sanitation sectors must collaborate to shape national response to the problem. â€Å"These sectors can no longer work in isolation. Health professionals cannot solely concentrate on curative care. Drinking water providers cannot be oblivious to the externality of their actions. School teachers need to be aware of the nutritional needs of adolescent girls,† he said after releasing a new research by Hyderabad-based Naandi Foundation on the status child malnutrition in India. According to that research 59 per cent kids are stunted and 42 percent are underweight. Solving malnutrition is in India’s self-interest with a huge economic return on investment. It is estimated that malnutrition costs the economy $29 billion per year in India. – as of reduced productivity and earning and increased health costs. Today, more than one third of the world’s undernourished children reside in India. A country where 79 per cent of the milk samples tested (Jan. 10, 2012, Delhi fared worst), were found to be either contaminated or diluted, cannot expect their toddlers to be in excellent health. Even with the most modern technology and access to medical facilities in most parts of the country, over four lakh newborn babies still die within 24 hours of their life in India, and 2 million children die before they turn the age of five. Most of these children die because of diarrhea, pneumonia, measles and post-natal; complications. According to India’s third National Family Health Survey of 2005-06, 70 per cent of children between six months and 59 months are anemic. Every day 1379 unborn babies are being killed. This is happening in a land where 33 crore gods and goddesses are being worshipped. As a fast emerging world power under the stewardship of a pragmatic academic and realistic visionary, India has started playing a very constructive role on the world stage. However, it has to tackle some very serious problems like extreme poverty, child labour, chronic corruption, infanticide, dowry murders, unacceptable inequality and fast growing population. These problems cannot be tackled without a collective resolve by Indian leadership. Let us congratulate the people of India on that momentous day. Let us all recall the quote from Tagore: â€Å"Where the mind is without fear and the head held high. Where knowledge is free and the world has not been broken up into fragments by narrow domestic walls†¦. let my country awake†.

Burglary of a Dwelling Conviction

Burglary of a Dwelling Conviction MEMORANDUM TO: Senior Partner FROM: Associate RE: George Bailey Burglary of a dwelling conviction DATE: July 11, 2016[FEC1] ISSUES PRESENTED Under Florida case law[FEC2], entering is an element of burglary. Entering qualifies as any [FEC3]body part and is not secluded to the whole body. Defendant put his arm through an open garage window to commit a burglary[FEC4]. Did Defendant meet the element of entering as it pertains to the burglary statute? Under Florida statute, dwelling is an element of burglary. For any building to be considered a dwelling, the property in which it resides must have curtilage[FEC5]. Curtilage is some form of enclosure surrounding a property. While standing on the neighbors property, Defendant burglarized[FEC6] a detached garage on a property that was enclosed on three sides, with the fourth side open. Did Defendant meet the element of dwelling as it pertains to the burglary statute?[FEC7] BRIEF ANSWERS Yes. Florida law defines entering as intrusion of any body part to commit the crime. An arm fits the definition of any body part because it is part of the body and can be used to commit the crime. Therefore, an arm qualifies as an entering body part under Florida law. No. Florida law states that a property in which a dwelling resides must [FEC8]have curtilage, and curtilage was [FEC9]defined as any form of enclosure surrounding a property. A detached garage would not be a dwelling, if its property is not surrounded by some form of an enclosure. Therefore, a detached garage on a property without curtilage would not qualify as a dwelling under Florida law[FEC10]. STATEMENT OF FACTS Mr. George Bailey has been convicted [FEC11]of burglary of a dwelling and is seeking help with his conviction. Mr. Bailey is an unemployed thirty-four year old male, who has resided at 320 Sycamore Street, Bailey Park Florida 33430 for nine years with his wife and four young children. He has been unemployed for approximately two years[FEC12]. Mr. Bailey seeks the help of counsel with his conviction of burglary of a dwelling. Specifically, the conviction of burglary as it pertains to Florida law. On May 27, 2016, Mr. Bailey was driving in the residential area of Pottersville looking for thrown out furniture to refurbish and resell. He came across a home with patio furniture sitting out on the curb for trash pickup,[FEC13] and decided to load it onto his truck. Before getting back into his truck, he glanced around for anything else to pick up. He then saw an electric sander sitting on a workbench inside an open garage window of the neighbors house, Mr. Ernie Bishop. Mr. Bailey advised, that he wanted the sander because most of his tools needed to be replaced and the small sander would allow for more refinishing of furniture than sanding by hand. The side of Mr. Bishops property[FEC14]where the garage is located, is lined with a short hedged wall[FEC15], which he thought would conceal him from being seen when taking the sander. Still standing on the property of the neighbors home, he reached over the hedge wall and into the partly open window with his arm, took the sander, and went back to his truck. Minutes later, he was stopped by police and arrested for burglary of a dwelling. Mr. Bailey was arrested on May 27, 2016[FEC16]at approximately 8:35 p.m. He was booked at approximately 9:00 p.m. on the same day, and was convicted of burglary of a dwelling with a $2,000.00 bond. He conviction is to be heard in front of a judge.[FEC17] DISCUSSIONN[FEC18] Mr. George Bailey will unlikely to be convicted [FEC19]of burglary of a dwelling, because[FEC20]although he meets the entry and intent elements[FEC21], he doe[FEC22]s not meet the element of dwelling because Mr. Ernie Bishops property does not have curtilage. In Florida, burglary is e[FEC23]ntering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter . . . . Fla. Stat. Ann. ÂÂ § 810.02(1)(b)(1) (LexisNexis Effective July 1, 2016). To be convicted of burglary of a dwelling[FEC24]the prosecution would have to [FEC25]prove that Mr. Bailey meets the elements of entering, dwelling, and intent. The exceptions to the rule, are if the property was open to the public, if Mr. Bailey was a licensed professional performing work on the property, or if Mr. Bailey was a social guest invited onto the property.[FEC26] These exceptions were not factors in Mr. Baileys case. At the time of the burglary, Mr. Bishops property was not open to the public. It is a privately owned home located in a residential area of Pottersville. Additionally, Mr. Bailey did not personally know Mr. Bishop, nor was he hired by Mr. Bishop to perform any type of professional services. Mr. Bailey meets the intent element because he testified [FEC27]that his intention was to take the sander without being seen. Florida law states that proof of the entering of such structure or conveyance at any time stealthily and without consent of the owner or occupant thereof is prima facie evidence of entering with intent to commit an offense. Fla. Stat. Ann. ÂÂ § 810[FEC28].07(1) (LexisNexis 2016). In the Baker case, the Court used defendants stealthy entry [FEC29]as an evidentiary tool to establish the proof of intent to commit burglary. Baker v. State, 636 So. 2d 1342, 1344 (Fla. 1994). Therefore, by intending to steal the sander without anyone seeing him, Mr. Bailey used the coverage from the hedges to sneak his arm into the garage, which provides sufficient evidence to meet the intent element. Thus, the elements at issue here are entering and dwelling. Mr. Bailey meets the element of entering within the meaning of the burglary [FEC30]statute because he used his arm to take the sander from the window, and using any body part establishes entry. The entering element, is defined through case law. The Court states, [FEC31]the unqualified use of the word enter in a burglary statute does not confine its applicability to intrusion of the whole body but includes insertion of any part of the body or of an instrument designed to effect the contemplated crime. Polk v. State, 825 So. 2d 478, 479 (Fla. App. 2002).[FEC32]; see also Spearman v. State, 366 So. 2d 775[FEC33](Fla. Dist. Ct. App. 1978). Therefore, the issue at hand is whether Mr. Baileys arm provides sufficient evidence to establish the element of entering.[FEC34] Therefore, the entering element is satisfied when any body part enters a dwelling[FEC35]. Polk, 825 So. 2d 478[FEC36], 479. In the Polk case, the Defendant used his arm to unlatch a window in order to commit burglary. Id. The Court held that intrusion of any body part is sufficient enough to satisfy the entry of a dwelling within the meaning of the burglary statute. Id. at 480. Consequently, the element of entering is met when a person enters with any part of their [FEC37]body. Spearman, 366 So. 2d 775. In Spearman, the Defendant went to the front door and upon the door opening, struck the resident in the face. Id. The Defendant was ultimately charged with burglary and assault. Id. With respect to the burglary charge, the Court held that[FEC38]although his whole body did not enter the home, he entered when his arm and hand reached into the doorway and struck the resident. Id. at 776. The entry of any body part provided sufficient evidence for a conviction of burglary. Id. [FEC39] In this [FEC40]case, and similar to Polk and Spearman, where a part of the accuseds body entered a garage or a home, here, Mr. Bailey used a part of his body, his arm, to take the sander from an open window. As the Court held that intrusion of any body part is sufficient to establish an entry, Mr. Bailey meets the element of entering because[FEC41]as he stood in the neighbors property he entered Mr. Bishops property when he put his arm through Mr. Bishops garage window. Therefore, the entry of his arm would provide sufficient evidence to meet the entering element. Polk, 825 So. 2d 478; Spearman, 366 So. 2d 775. Thus, when Mr. Baileys arm to reach into Mr. Bishops open garage window while standing on the neighbors property, he satisfied the entering element because a part of his body entered Mr. Bishops property. [FEC42] Mr. Bailey does not meet the dwelling element within the meaning of the burglary statute because he burglarized [FEC43]a detached garage on a property that does not have curtilage. Florida law defines a dwelling [FEC44]as a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof. Fla. Stat. Ann. ÂÂ § 810.011(2) (LexisNexis 2016[FEC45]). The issue in Mr. Baileys case is whether[FEC46] the detached garage is considered a dwelling. A dwelling is established, when the property in which the dwelling resides has curtilage. [FEC47]Curtilage is a dwelling element that must be met. [FEC48]Florida law states that some form of an enclosure . . . must be present surrounding a residence to be considered part of the curtilage. . . . State v. Hamilton, 660 So. 2d 1038, 1045 (Fla. 1995). Additionally with regards to unattached structures, case law states that not having a form of barrier around extended residence of the curtilage, falls short of bringing unattached structures within the curtilage of the home. Martinez v. State, 700 So. 2d 142, 144 (Fla. Dist. Ct. App. 1997). Accordingly, when there is no form of enclosure[FEC49], a property does not have curtilage. Hamilton, 660 So. 2d 1038, 1045. In Hamilton, the Defendant attempted to burglarize outboard motors from a boat located on an unfenced backyard. Id. at 1039.The backyard was not enclosed by a fence, shrubs, or any form of a barrier. Id. Although there were a few spaced out trees around the property, the Court held that the property did not have curtilage and therefore[FEC50] the evidence did not support a conviction of burglary of a dwelling. Id. at 1046. Moreover, curtilage does not exist when the enclosure of a property does not surround all sides. Martinez, 700 So. 2d 142, 144. In Martinez, Defendant burglarized a sander from a detached garage, which had a driveway connecting the garage to the street. [FEC51]Id. at 143. The detached garage was located between the main house and the neighbors house. Id[FEC52]. Additionally, there was a fence bordering only two sides of the property[FEC53]. Id. The Court held that [FEC54]actual barriers are needed around the residence and unattached structures, to make it part of a curtilage of a home. Id. at 144. Therefore, the detached garage was not a dwelling because it was located on a property that did not have curtilage. Id. As such, the Defendant could not be convicted of burglary of a dwelling. Id. Specifically, a property has curtilage when an enclosure surrounds a property regardless [FEC55]of an opening for a driveway. Dubose v. State, 75 So. 3d 383, 385 (Fla. Dist. Ct. App. 2011). In Dubose, Defendants entered a property surround by a chain-linked fenced to commit burglary and fired bullets into the house. Id. at384, 385. The property was fenced in on all sides, with an opening for the driveway in the front. Id. at385. The Court held that an enclosure did not have to be completely closed to allow an opening for the driveway, and the open driveway did not prevent the property from having curtilage. Id. As such, the property satisfied the enclosure requirement for curtilage. [FEC56]Id. Furthermore, a property surrounded with enclosures has curtilage even with an opening at the driveway. Jacobs v. State, 41 So. 3d 1004, 1006 (Fla. App. 2010). Defendant burglarized [FEC57]aluminum siding from a vacant home surrounded by a fence. Id. at 1005. The property contained a fenced in yard on three sides, and a low-wall stoop at the front yard with an opening for the driveway. Id. at 1006. The Court held that the property had sufficient enclosure of some form to establish curtilage because all sides of the property were enclosed and an open driveway need not be part of the enclosure[FEC58]. Id. Now, [FEC59]in the instant case, a property does not have curtilage when there is no form of an enclosure surrounding the property. Mr. Bishops property has a chain-link fence in the backyard, a short hedge wall on one side, a short stone wall at the front of the property, and no barrier at all on the other side of the property.[FEC60]The Court in Hamilton, did not find the several unevenly spaced trees as sufficient enough evidence to support curtilage. Hamilton, 660 So. 2d 1038, 1047. Therefore, if having separated trees as an enclosure is not enough evidence for curtilage then, here, in the instant case not having a barrier at all is no evidence for curtilage. Similar to Hamilton, where the property lacked sufficient enclosure on part of the property, here, Mr. Bishops property lacks an enclosure on one side of the property, which lacks curtilage. Therefore, like in Hamilton, a court would find Mr. Bishops partly open property to lack curtilage. Analogously, a property lacks curtilage when it is not enclosed on all sides. Mr. Bishops property consists of a chain-link fence along the backyard, a line of three-foot hedges along the side of the property where the detached garage is located, and a short stone wall along the front yard with the driveway open. There is no boarder on the fourth side of Mr. Bishops property, that side is completely open. [FEC61]In Martinez, the Court held that not having a barrier surrounding the property, including the detached structures of a property, fall[s] short of bringing unattached structures within the curtilage of the home. Martinez, 700 So. 2d 142, 145. Almost similar to [FEC62]Martinez, where the property was enclosed on only two sides, here, Mr. Bishops property was enclosed on only three sides. Consequently, the lack of a boarder surrounding that fourth side of Mr. Bishops property, would deem the entire property, including the detached garage, as not having curtilage. Therefore, in t he instant case, the detached garage would not be considered a dwelling because its property is not enclosed on one side, which lacks curtilage. Nevertheless, a property has curtilage even when there is an opening for the driveway. In the instant case, among other types of enclosures around Mr. Bishops property, there is a short-stone wall at the front of the property with an opening for the driveway. In Dubose, the Court held that an enclosure need not be continuous . . . and that an unenclosed opening for ingress and egress does not preclude a determination that the yard is included in the curtilage of a house. Dubose, 75 So. 3d 385. Although, Dubose and Mr. Bishops properties are similar in that both have a low-walled stoop [FEC63]at the front of the property with an opening for the driveway, there is a difference as to the remaining sides of the properties to the cases respectively. In contrast to Dubose, where the remaining sides of the property were enclosed by a chain-link fence, here, in the instant case one of the remaining sides of Mr. Bishops property lacks some form of enclosure. [FEC64]Therefore, the unenclosed s ide of Mr. Bishops property, would lack evidence to satisfy curtilage to a dwelling. As such, the property where the detached garage is located would not have curtilage, and therefore the garage would not be considered a dwelling. Additionally, curtilage exist when an enclosed property has an open driveway. In the [FEC65]instant case, Mr. Bishops front yard has a short, stone wall with no gate in the driveway. In Jacobs, the Court held that the yard was delineated by some form of enclosure, and this enclosure included the opened driveway. Jacobs, 41 So 3d 1006. Although similar to Jacobs, where the property contained a low-walled stoop' with an open driveway, [FEC66]here, in the instant case Mr. Bishop also has a low stone wall with open driveway, however the main difference is the remaining sides of the properties. Id. In contrast, the property in Jacobs was fenced in on the remaining three sides, while in the instant case, Mr. Bishops property had enclosures on only two of the three remaining sides. Therefore, although Mr. Bishops front yard with the open driveway would still establish curtilage (on a fully enclosed property), having one side of the property without some form of enclosure does not provide cu rtilage. As such, Mr. Bishops property does not have curtilage. Since, Mr. Bailey burglarized [FEC67]a detached garage on a property that was not enclosed on all sides, it does not have curtilage, and therefore does not meet the dwelling element. CONCLUSION To be convicted of burglary of a dwelling, intent, entry, and dwelling are elements that must be met. Mr. Bailey satisfies the intent element because he had the intention of stealing the sander by hiding and reaching over the hedges. Mr. Bailey also satisfies the entry element because while standing at the neighbors property, his arm went into Mr. Bishops property through the open garage window. [FEC68]Mr. Bailey does not satisfy the dwelling element because the detached garage was located on a property that was not enclosed on all sides, which lacks curtilage. All elements of burglary of a dwelling must be met in order to be convicted. Although, Mr. Bailey meets the entry and intent elements, he does not meet the dwelling element [FEC69]due to the lack of curtilage on the property, and therefore would not be convicted of burglary of a dwelling. Grade grid below Section Possible Points Points Earned Comments Style/Format 4 3 Dont end page with headers Citations 5 2.5 Major problem with short cites. Also had improper jurisdictional references. Quotations 2 2 Writing 14 9 At times, writing clear and other times awkward and wordy. Be careful with word selection. Commas are a problem. ISSUES PRESENTED 4 2 Not precise enough as indicated. Rule is really rule of burglary: burglary occurs when a defendant enters a dwelling with intent to commit a crime. Then go to facts on entry. Same rule then goes in sub issue B. BRIEF ANSWERS 4 2 Incorrect legal standard and inadequate explanation of answer STATEMENT OF FACTS 5 2.5 In addition to comments, curtilage requires review of fencing or walls, so need those facts. Should also have fact that Bishop identified sander in truck. DISCUSSION SECTION Main C and Rule 7 5.5 See comments. A. Entry Total 15 12 Organization/CREAC Structure 2 2 Rule 3 2.5 Issue needs to be clearer (when his body not on bishops property) E

Teaching Frederick Douglass in American School Systems Essay -- Freder

Teaching Frederick Douglass in American School Systems With the increasing popularity of educational standards and standardized testing many are beginning to ask, "What is the purpose of education?" Is the goal of education to fill students' minds with a curriculum of facts, or is it to prepare them to be productive members of society? If the answer to this question is the latter of those two, what do they need to know in order to be good citizens and how should that be taught? Tolerance is one issue that educators are leaning towards in their own curriculum. Over the years Americans have made advancements in the area of tolerance, yet there are still some presuppositions that lurk within society. The best way to deal with this issue is to educate people with the truth and provide them with opportunities to see the world through the eyes of one who is oppressed. Frederick Douglass's Narrative of the Life of Frederick Douglass, an American Slave, Written by Himself invites readers into the life of one who is oppressed so that they might s ee of how damaging intolerance is for those who are enslaved by its prejudices as well as those who hold those harsh sentiments. For this very reason Douglass serves as an excellent resource to personalize issues such as these and bring them into an academic light where teachers and students can open their minds to tolerating and defending differences. Douglass's Narrative brings an ugly era of American history to life as it weaves through his personal experiences with slavery, brutality, and escape. Most importantly Douglass reveals the real problem in slavery, which is the destructive nature of intolerance and the need for change. Douglass refers many times to the dehumanizing effects sla... ...s not solely about rote memorization and the three R's or anything else that can be tested with a bubble sheet test. Learning is about growing as a person and gaining meaningful experiences. This is the type of education students receive from Frederick Douglass. Works Cited Caporino, Grace M. and Rose A. Rudnitski. General Guidelines for Teaching about Intolerance and Genocide. Teaching for a Tolerant World. Ed. Judith P. Robertson. Urbana, Illinois: National Council of Teachers of English, 1999. Douglass, Frederick. Narrative of the Life of Frederick Douglass, an American Slave, Written by Himself. 1845, The Norton Anthology of American Literature. Ed. Nina Baym. New York: W.W. Norton & Company, 2003. 2032-2097. Young, Iris Marion. "Five Faces of Oppression." Readings for Diversity and Social Justice. Ed. Adams, M., et. Al. New York: Routledge, 2000.

Ice Hockey Essay -- Hockey Sports Research Papers

Ice Hockey This report is going to be on the game Ice hockey. A game of hockey is divided into three twenty minute time periods that are called periods. Between each period there is a fifth teen minute intermission. In hockey there are several ways a game may end if there is a tie at the end of regulation. The pros use one twenty sudden death period in which the first to score is the winner. In the amateurs they use a shoot out in which five players from each team are selected and allowed to go one on one with the opposing goalie and which ever team scores the most goals after all five members for both teams have taken their shot they are the winners. If there is a tie after this it keeps repeating until a winner is crowned.   Ã‚  Ã‚  Ã‚  Ã‚  A team is allowed only six players on the ice at a time. These players consist of a goalie, right and left defensemen, right and left wingers, and a center. Defensemen stay back towards the blue line so none of the opposing team can get behind them. The wingmen stay towards their respective sides of the net. The center does just that jams the front of the net to either screen (block the view of) the goalie or deflects the shot into the net. The goalie, mostly stays in his crease to protect the goal however if he wants he may leave his crease (the light blue area by the net in the photo).   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Because of the speed of the game it is the only sport in which substitutions are allowed to be made while the game is in progress. The pace of...

It Was Sheer Good Fortune That the Conservative Party in May 1955

â€Å"It was sheer good fortune that the Conservative Party were returned to office in May 1955. † Discuss. In the May 1955 General Election, the Conservatives won 344 seats, winning with an overall majority of 58; with Labour winning 277 and 3. 9% of votes were for Liberal and Others. It can be argued that the Conservatives were returned to office in 1955 due sheer good fortune. However, we must explore the other options as to why the Tory party won, particularly how the Conservative party looked against the opposition. In 1951, the economy was in turmoil.There was a balance of payments crisis which leads to a ? 700 million deficit. Also, countries started to buy imports from other countries outside of the UK, so Britain’s export market was damaged. However, by 1952, the government had recovered, and by 1954, Great Britain was flourishing; rationing was abolished, unemployment was reduced and it was the end of austerity and the start of the era of affluence. This is an example of good fortune because coincidently, Britain’s economy had fully recovered not long before the election.Also, due to the condition of the opposition, the Conservatives seemed like a stable government. There was a right-left split in Labour, between Gaitskell and Bevan. This showed that the Labour party was unorganised and could never lead the country properly as they wouldn’t be able to agree on important decisions. This is another example of how the Conservatives won through good fortune, as British citizens wanted consistency and efficiency, which was best displayed by the Tories. One month before the election, Churchill resigned. He was replaced by Mr.Eden, a popular replacement. He was the Foreign Secretary and a statesman; this had earned him a good reputation. This is an example of good fortune because the public liked Eden, and for him to become Prime Minister a month before the election due to Churchill’s resignation was good for Conservative p opularity. Other factors as to why the Conservatives were returned to office include the events that took place during the time when Churchill was Prime Minister. During Churchill’s time as Prime Minister, the Korean War ended – in 1953 to be exact.The public were happy about this because Britain couldn’t afford to be paying for a war. Therefore, this would leave Britons in the Conservatives favour, which would result in them being voted in again. Also, between 1951 and 1954, Arthur Macmillan, the Minister of Housing, was able to fulfil the ‘300,000’ houses a year pledge in 1953, a year early. This showed that the party was organised and were serious about their policies, which would have helped their popularity in the election because people would know that the Tory party were committed and would mean what they promised.The Coronation of Queen Elizabeth in 1953 was also significant because it lifted the mood of the electorate and brought about a fe eling of optimism. This would have raised Conservative support because the Coronation was during the time of a Conservative government. It can be argued that the reason the Conservatives were voted in again was that they worked hard on their campaign to attract the voters that were undecided on which party to vote for.They focused on their electoral appeal, and they were united and working together, where as Labour was not due to the split between the Bevians and the Gaitskillites. The Conservatives’ policies were also favourable. Butler’s 1955 Budget was appealing because it cut taxes considerably. The cuts included a 6d reduction in income tax plus higher personal allowances. Voters liked this because it means they do not have to pay as much money back to the government, and as humans we like to keep our money.Overall, when we take all the factors into consideration, the most important reason for the Conservatives returning to office in 1955 is that when compared to the Labour party, which was disunited due to the split between the right and the left wing members, the Conservatives seemed to be a reliable and consistent party. Their policies were good and the Housing pledge was proof that they are trustworthy. Above all, they were a well organised party that were able to focus on appealing to the electorate while Labour was held back by the state of the party.