United States Common Law Tradition free essay sample

In the United States, our legal system is based on the common law tradition. When there is no specific constitutional provision, statute, or regulation, courts defer to common law, which is a collection of judicial decisions, customs, and general principles. It is believed that the common law tradition may have begun as early as the 11th century in England with the establishment of the Court of Common Pleas. Today, using the common law tradition, courts will hear disputes that are brought before them. In doing so, courts consider themselves bound by how other courts of superior standing have previously interpreted a law. This is known as the principle of stare decisis, or simply precedent. Precedent helps to ensure consistency and predictability in the administration of justice with in the legal system. The cases we read stem from 19th century North Carolina Supreme Court opinions concerning violence against woman and, or, children by a husband or someone of authority (e. We will write a custom essay sample on United States Common Law Tradition or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page g. a schoolmistress). The cases show a precedent being established in State. Pendergrass, which allowed corporal punishment, and then evolving in subsequent cases over a period of roughly 40 years, until the court found that â€Å"†¦ [they had] advanced from a state of barbarism †¦Ã¢â‚¬  reaching the conclusion that a husband has no legal right to discipline his wife under any circumstances. I would like to point out that coverture, which was a well-established legal principle that a womans legal rights were merged with those of her husband upon marriage was part of the common law tradition of England and the United States throughout most of the 18th and 19th centuries. The woman’s existence was incorporated into that of her husband, so that she had very few recognized individual rights of her own. Although excessive violence was generally frowned upon, many courts of the era recognized that a husband did have the right to â€Å"discipline† his wife, with very few exceptions. The general attitude of the era accepted that women were supposed to obey their husbands. The right of a husband to â€Å"rule over thee,† transcends time and cultures, as evident with Justice Pearson itation of Genesis 3:16, in his opinion in Joyner v. Joyner. Although coverture is never explicitly mentioned in the early cases, I believe it was a mitigating factor in the earlier opinions of the Court. Case Outlines, Progression of Precedent, Bibliography †¢State v. Pendergrass (1837): The court held that a schoolmistress has legal rights similar to that of a parent and that correction by corporal punishment of a student was permissible so long as it caused only temporary pain and no permanent injury. Joyner v. Joyner (1862): The court held that there are circumstances under which the striking of a wife with a horsewhip, or switch, by a husband, and inflicting bruises would not be the ground of a divorce. †¢State v. Black (1864): The court held that a husband cannot be convicted of a battery on his wife unless he inflicts a permanent injury or uses excessive violence or cruelty. It makes no difference that the husband and wife are living separate by agreement. †¢State v. Rhodes (1868): The Court found that the laws of North Carolina do not recognize the â€Å"right† of the husband to whip his wife, but that courts will not interfere to punish him for moderate correction of her, even if there had been no provocation for it. †¢State v. Mabrey (1870): The court found that abusive and very improper language, coupled with a threat to kill the wife, drawing a knife and attempting to stab her, but ultimately not causing any physical injury was assault. State v. Oliver (1874): The court found that the â€Å"old doctrine,† that held a husband had the right to whip his wife provided he used a switch no larger than his thumb, no longer governs the decisions of their Court. Further, since North Carolina had â€Å"advanced from barbarism,† the Court found that a husband has no legal right to discipline his wife under any circumstances.

Spanish Christmas Essay Example

Spanish Christmas Essay Example Spanish Christmas Essay Spanish Christmas Essay Essay Topic: Twelfth Night In a spanish christmas they dont belive in santa claus . They belive that the 3 wiseman. Kids leave there shoes out side and believe that the 3 wiseman will come and fill there shoes up with presents. Most people in Spain go to Midnight Mass or La Misa Del Gallo (The Mass of the Rooster). It is called this because a rooster is supposed to have crowed the night that Jesus was born. Most families eat their main Christmas meal on Christmas Eve before the service. The traditional Spanish Christmas dinner is Pavo Trufado de Navidad which is Turkey stuffed with truffles (the mushrooms, not the chocolate ones! In Galicia (a region in north-west Spain, surrounded by water) the most popular meal for Christmas Eve and for Christmas Day is seafood. This can all kinds of different seafood, from shellfish and mollusks, to lobster and small edible crabs. After the midnight service, people walk through the streets carrying torches, playing guitars and beating on tambourines and drums. One Spanish saying is Esta noche es Noche-Buena, Y no Es noche de dormir which means Tonight is the good night and it is not meant for sleeping! A few different languages are spoken in different regions in Spain. In Spanish Happy/ Merry Christmas is Feliz Navidad; in Catalan its Bon Nadal; and in Galician Bo Nadal. Happy/Merry Christmas in lots more languages. December 28th is Dia de los santos inocentes or Day of the Innocent Saints and is very like Aprils Fools Day in the I-JK and USA. People try to trick each other into believing silly stories and Jokes. Newspapers and TV stations also run silly stories. If you tr ick someone, you can call them Inocente, inocente which means innocent, innocent. 8th December is when people all over the world remember the babies hat were killed on the orders of King Herod when he was trying to kill the baby Jesus. New Years Eve is called NochevieJa or The Old Night in Spain and one special tradition is that you eat 12 grapes with the 12 strokes of the clock at Midnight! Each grape represents a month of the coming year, so if you eat the twelve grapes, you are said to be lucky in the new year. Apart from Christmas, there is another festival that is celebrated in Spain that is about the Christmas Story. It is called Epiphany or Kings Day and is celebrated on 6th January. This is the twelfth night after Christmas. In Spanish, Epiphany is called Fiesta de Los tres Reyes Mages: in English this means The festival of the three Magic Kings. Epiphany celebrates when the Kings or Wise men brought gifts to the baby Children have some presents on Christmas Day, but most are opened at Epiphany. Some children believe that the Kings bring presents to them at Epiphany. They write letters to the Kings on Boxing Day, December 26th, asking for toys and presents. And on Epiphany Eve Oanuary 5th) they leave shoes on windowsills or balconies or under the Christmas Tree to be filled with presents. Gifts are often left by children for the Kings, a class of Cognac for each King, a satsuma and some walnuts. Sometimes a bucket of water is left for the camels that bring the Kings! If the children have been bad, the Kings might leave pieces of coal made out of sugar in the presents! Some big towns and cities have Epiphany Parades with each King having a big float that is shaped like a camel. Sometimes there are also real camels in the parade. The Three Kings in the the Spanish Epiphany are: Gaspar, who has brown hair and a brown beard (or no beard! and wears a green loak and a gold crown with green Jewels on it. He is the King of Sheba. Gaspar represents the Frankincense brought to Jesus. Frankincense is sometimes used in worship in Churches and showed that people worship Jesus. Melchior, who has long white hair and a white beard and wears a gold cloak. He is the King of Arabia. Melchior represents the Gold brought to Jesus. Gold is associated with Kings and Christians believe that Jesus is the King of Kings. Balthazar, who has black skin and a black beard (or no beard! ) and wears a purple cloak. He is the King of Tarse and Egypt. Balthazar represents the gift of Myrrh that was brought to Jesus. Myrrh is a perfume that is put on dead bodies to make them smell nice and showed that Jesus would suffer and die. Christmas in the Basque Country In the Basque country (which is a part of northern Spain and southern France), on Christmas Eve, childrens presents are delivered by a magical man called Olentzero. Hes a big, overweight man wearing a beret and smoking a pipe. He dresses like a Basque farmer. Christmas in Catalonia In the Catalonia province of Spain theres a Christmas character called Ti? ¶ de Nadal (the Christmas log) or hes sometimes known as Caga tio (the pooping log! ). Its a small hollow log propped up on two legs with a smiling face painted on one end. From the 8th December (the Feast of the Immaculate Conception) Catalan families gives the log a few morsels of food to eat and a blanket to keep it warm. On Christmas Day or Christmas Eve, the log then gives out small gifts! People sing songs and hit the log with sticks to help its digestion and the log drops sweets, nuts, and dried fruits. When garlic or an onion falls out of the log, all of the treats are finished for the year.

Computers in architecture- Mercedes-Benz Museum in Germany Assignment

Computers in architecture- Mercedes-Benz Museum in Germany - Assignment Example It is based on the geometrical shape of a clover in which spaces are connected through two ascending ramps. The exterior design of Mercedes Benz Museum sets up a completely novel and astonishing typology by the acquisition of spatial principles. This novelty is solely attributed to the digital design of this building in which the perfect infusion of ratios between space and design has been considered (Szalapaj). This building was designed in a three dimensional data which was revised numerous times during its realization in Stuttgart. The utilization of three dimensional digital designs and its effectiveness is also represented in the use of glass in the exterior design of this building. A special kind of glass has been utilized in this building which is clear, transparent and does not gets affected by the sunlight regarding heat (Noden). These glasses are divided and placed in several panels which, in combination, present the impression of the building as a double dimensional facade . This feature is also based on the scientific principles of light and geometry which is sufficiently presented in the design of this building, increasing its creativity and aesthetics (Glasner and Schmidt). The whole exterior design of Mercedes Benz Museum is a correspondence to the modern technology in which digital art, especially of three dimensions, in a remarkable manner. From the color of the building to the shape and from the utility of glass to the connections of spaces, this building is a complete representation of digital design into practical form (Turnbull). Interior: As far as the interior design of Mercedes Benz Museum is concerned, the ramps bridging spaces from... Over the past few years computers have become a necessary tool in the field of architecture. Architects all around the globe are using digital tools to make their creative thoughts into a reality (Bermudez). Digital technology allows architects to form models and create prototypes without having to use or waste any physical material. Moreover, latest architectural digital tools allow architects to view these models in three dimensions and from all sides. With the help of these tools architects have been able to create buildings that comprise of a complex structure (Bermudez). One such building is the Mercedes-Benz Museum in Stuttgart. The building was designed by a number of architects from UNStudio. In their book Ben Van Berkel and Caroline Bos, founders of UNStudio, stated that the creation of the building made use of a number of expertise and that it was a joint effort by architects of the entire studio (Berkel and Bos). UNStudio was founded in 1988 in Amsterdam and specializes in the fields of architecture infrastructural programs and urban development. UNStudio stands for United Network Studio (UNStudio). UNStudio is one of the most popular architectural firms in Europe and Asia. The company has been accredited with designing innovative structures such as the Star Place Luxury Shopping Plaza, Erasmus Bridge and The Burnham Pavillions. In the completion of these structures computers and digital tools have played a major role. The same can be said about Mercedes Benz Museum. Every aspect of the building’s structure sheds light on how digital tools were used to design the building as a whole.

Answer the question in essay form Example | Topics and Well Written Essays - 250 words

Answer the question in form - Essay Example My patients would probably not be comfortable with me being a male as they generally were served by females previously. Females are known to be more caring than males and hence my patients would prefer a female nurse to manage them. To handle the role conflict, I would have to learn the profession more closely. I would have to work with females to learn their skills so I can manage my patients in the same effective manner. To further finish the role conflict, I would make my patients more comfortable with me by showing them my good management skills. Being a female boxer on the other hand would have similar problems. Boxing is a a profession stereotyped for males and not females. Females would generally be discriminated in boxing and I would hence face this discrimination. Women are believed to be physically weaker than men and hence boxing would be discouraged by everyone close to me. To handle this conflict I would have to go for proper training and show everyone that I am strong enough to handle this profession. This strength would thus help in diminishing the discrimination. Thus it can be analyzed that role conflict can be managed with appropriate skills and management and nowadays this is being done in many

Alzheimers and the effects Essay Example for Free

Alzheimers and the effects Essay Alzheimers is a disease of the brain that causes a loss in memory. This results in dementia, loss of brain functions (thinking, remembering, and reasoning) severe enough to interfere with everyday life. When German physician, Alois Alzheimer, first described the disease in 1907, it was thought to be rare. Today, Alzheimers disease is the most common cause of dementia, affecting 10% of people 65 years old, and nearly 50% of those age 85 or older. An estimated four million Americans have Alzheimers. Alzheimers disease usually begins gradually, causing a person to forget recent events and to have difficulty performing familiar tasks. How quickly the disease advances differs from person to person, causing confusion, personality and behavior changes, and impaired judgment. Communication becomes difficult for Alzheimers patients. They struggle to find words, finish thoughts, or follow directions. Eventually, people with Alzheimers become unable to care for themselves. Scientists still dont know what causes the disease. Age and family history are possible risk factors for the disease. Scientists are exploring the role of genetics in the development of Alzheimers, studying chromosome 19. Rarer forms of the disease, which happen to people in their 30s and 40s, called early-onset, often run within families and appear to be related to chromosome 1, chromosome 14, and chromosome 21. Many researchers and physicians are coming to believe that Alzheimers is a complex disease, probably caused by a variety of influences. Alzheimers affects both the mental health and Social health. It is mental in the way that Alzheimers victims can not think clearly, remember, and reason. Patience can not deal with stress. It is social health in the way that victims can not interact well with people to build satisfying relationships. They can not communicate well with family members or friends. Victims may forget who people are. My grandfather Henry B. Harris was diagnosed with Alzheimers when he was about 76 he lived to be 82. During those six years he gradually forgot who members of the family were, even at times he did not remember his wife. About one year before he passed away he was in a nursing home. Knowing that  my grandfather had the disease makes the likelihood that I will have it more probable. Cases where several members of a single family have had been diagnoses with Alzheimers disease are rare. Much more common is if a single family member is diagnosed as having probable Alzheimers (meaning that physicians are 80 to 90 percent certain that it is Alzheimers). A persons risk of developing the disease seems to be slightly higher if a first-degree relative (brother, sister, parent) has the disease. Perhaps family members were exposed to something in the environment that caused the disease. Everyone has forgotten where they parked the car or the name of an acquaintance at one time or another. And many healthy individuals are less able to remember certain kinds of information as they get older. The symptoms of Alzheimers disease are much more severe than such simple memory lapses. Alzheimer symptoms affect communication, learning, thinking, reasoning, and can have an impact on a persons work and social life.

Learning to Read and Write: Language on the Brain :: Biology Essays Research Papers

Learning to Read and Write: Language on the Brain When I was little, my favorite book was Happy Birthday Moon. For a while, it was my nightly bedtime story. Anyone who offered to read aloud to me was immediately proffered this book. After some time, I knew the story by heart, word for word. I could not quite read the book but I had memorized the framework of it and so could tell the story myself. The day that I learned to finally recognize the words themselves was so exciting. When the blur of squiggly lines on the page became letters with sound and meaning, a whole new dimension opened up. Every form of human expression is codified within some framework of language. As an English major, I study how people manipulate and interpret language in order to communicate. As a tutor with a reading enrichment program, I sometimes encounter kids who do not share this love of reading and writing. As it is my job to help them master and gather more enjoyment from their dealings with language, and since brain equals behavior, I thought this web paper the perfect opportunity to ask few questions. How does the brain process language? Why do some people enjoy reading and writing better than others do? Why is it easier for some people to learn to manipulate language? And which came first the brain, or the linguistic framework that defines and identifies it? I have learned that language, like the nervous system, is a complicated blueprint which humans use to communicate with, navigate, and interpret, the world. For most people, the parts of the brain that process language are located in the left hemisphere (3). The primary sections in the brain that allow us to read, write, and speak communicably are: the left frontal cortex or Borca's Area, the posterior part of the temporal lobe or Wernicke's Area and a bundle of nerves called the arcuate fasciculus (3). The angular gyrus, at the back of the brain, interprets the words and letters that compose language (4). In order for a word or a sentence to be understood when it is read, an action potential must travel the network of these various parts. First, the information must get from the page to the primary visual cortex. From there is must go to the posterior angular gyrus, near Wernicke's area. Then, if the word or sentence is to be read aloud, it must travel to Borca's Area and the primary motor cortex (3).

Soldier’s Home

In Ernest Hemingway’s short story, â€Å"Soldier’s Home†, a young man named Krebs is unable to relate to his mother and home life after he returned from the First World War. After Krebs saw death and destruction in the wars most bloody battles, he returns home where his parents try to get him back to his normal routines. His view of the world has changed drastically since the war. He no longer feels love in his heart and cannot lie to his mother when she asks if he loves her. One of the famous lines Hemingway wrote, â€Å"Krebs looked at the bacon fat hardening on his plate.† Like bacon his heart has been hardened by what he had seen in World War I and he knew he must get far away from his parents to be able to get his life back in order. Harold Krebs after graduating from a Methodist college in Kansas enlisted in the Marines in 1917 and did not return to the United States until 1919. While at war he saw many tragedies that changed his life forever. When he returns home he does not get a heroes welcome because many had returned before him. At first Krebs did not want to talk about the war but later on when he felt the need no one would listen. He spent his days reading, walking and admiring the girls but a lot had changed since he had been gone. He thought about going out with some of the girls he used to know and remembers the girls he knew overseas but finds, â€Å"the young girls had grown up. But they lived in such a complicated world with already defined alliances and shifting feuds that Krebs did not feel the energy or courage to break in it.† Krebs has a hard time relating to his parents and he finds himself not wanting to go watch his sister play ball. The climax to the story is when Krebs's mother asks, â€Å"Don't you love your mother, dear boy?† and he answers, â€Å"No†. Even though he had been feeling unhappy, useless, and out of place since he had returned from the war, he had been drifting along, going through the motions. He had been stagnating, spending his time sitting on the front porch, reading, trying â€Å"to keep his life from being complicated†. The final conflict with his mother forces Krebs to face the fact that he cannot stay. He lies to his mother to make her feel better after he has hurt her with the truth, but is â€Å"sick and vaguely nauseated† by his duplicity. As his mother prays over him at the end of the story, Krebs resolves to go away to Kansas City and start his life again, away from the home and family to which he can no longer belong. In the story, â€Å"Soldier’s Home† it is told from the third person narrator point of view. Hemingway, having been a former journalist is able to show how distant Krebs is because of being the type of journalist who is detached just like Krebs was detached by his experience in World War I. As Hemingway writes he shows how Krebs holds his emotions in that he knows his mother will not understand. When Krebs calls his mom â€Å"Mummy† he is trying to comfort her by acting like a child. At the end Krebs makes a decision to leave and go to Kansas City because he feels he may not ever reconnect with his family. Harold Krebs is a man who has gone through a life-changing event and has experienced many consequences made by his own choices and decisions. He then has to come to the understanding that he has to try and rebuild his life as he knew it. Things weren’t working out at his family’s house so he decided to move to Kansas City where he would get a job. This war was a hundred years ago and Krebs came back and had no clue what to do with his life when he got back. The same thing goes for the soldiers of the war in Afghanistan they see so much that traumatizes them that they do not know how to act when they are around their families. Soldier’s Home In Ernest Hemingway’s short story, â€Å"Soldier’s Home†, a young man named Krebs is unable to relate to his mother and home life after he returned from the First World War. After Krebs saw death and destruction in the wars most bloody battles, he returns home where his parents try to get him back to his normal routines. His view of the world has changed drastically since the war. He no longer feels love in his heart and cannot lie to his mother when she asks if he loves her. One of the famous lines Hemingway wrote, â€Å"Krebs looked at the bacon fat hardening on his plate.† Like bacon his heart has been hardened by what he had seen in World War I and he knew he must get far away from his parents to be able to get his life back in order. Harold Krebs after graduating from a Methodist college in Kansas enlisted in the Marines in 1917 and did not return to the United States until 1919. While at war he saw many tragedies that changed his life forever. When he returns home he does not get a heroes welcome because many had returned before him. At first Krebs did not want to talk about the war but later on when he felt the need no one would listen. He spent his days reading, walking and admiring the girls but a lot had changed since he had been gone. He thought about going out with some of the girls he used to know and remembers the girls he knew overseas but finds, â€Å"the young girls had grown up. But they lived in such a complicated world with already defined alliances and shifting feuds that Krebs did not feel the energy or courage to break in it.† Krebs has a hard time relating to his parents and he finds himself not wanting to go watch his sister play ball. The climax to the story is when Krebs's mother asks, â€Å"Don't you love your mother, dear boy?† and he answers, â€Å"No†. Even though he had been feeling unhappy, useless, and out of place since he had returned from the war, he had been drifting along, going through the motions. He had been stagnating, spending his time sitting on the front porch, reading, trying â€Å"to keep his life from being complicated†. The final conflict with his mother forces Krebs to face the fact that he cannot stay. He lies to his mother to make her feel better after he has hurt her with the truth, but is â€Å"sick and vaguely nauseated† by his duplicity. As his mother prays over him at the end of the story, Krebs resolves to go away to Kansas City and start his life again, away from the home and family to which he can no longer belong. In the story, â€Å"Soldier’s Home† it is told from the third person narrator point of view. Hemingway, having been a former journalist is able to show how distant Krebs is because of being the type of journalist who is detached just like Krebs was detached by his experience in World War I. As Hemingway writes he shows how Krebs holds his emotions in that he knows his mother will not understand. When Krebs calls his mom â€Å"Mummy† he is trying to comfort her by acting like a child. At the end Krebs makes a decision to leave and go to Kansas City because he feels he may not ever reconnect with his family. Harold Krebs is a man who has gone through a life-changing event and has experienced many consequences made by his own choices and decisions. He then has to come to the understanding that he has to try and rebuild his life as he knew it. Things weren’t working out at his family’s house so he decided to move to Kansas City where he would get a job. This war was a hundred years ago and Krebs came back and had no clue what to do with his life when he got back. The same thing goes for the soldiers of the war in Afghanistan they see so much that traumatizes them that they do not know how to act when they are around their families.