The Legal System Of Spain Essay Example For Students

The Legal System Of Spain Essay The national government of Spain is composed of a parliamentary monarchy with a hereditary constitutional monarch as the head of state. Under the 1978 Constitution, power was centered in a bicameral legislaturethe Cortes (comprising of the lower house, Congress of Deputies, and upper house, Senate). Both houses are elected by universal suffrage every four years, but the 350-member Congress of Deputies uses a proportional representation system, whereas the Senate contains 208 members elected directly as well as 49 regional representatives. The Congress of Deputies handles greater legislative power. The leader of the dominant political party in the Cortes is designated by the Prime Minister and serves as the head of government. The Prime minister, deputy Prime Minister, and cabinet ministers together make up the Council of Ministers, the highest national executive institution with both policy-making and administrative functions. The constitution also establishes an independent judiciar y. The judicial system is headed by the Supreme Court. It also includes territorial courts, regional courts, provincial courts, courts of first instance, and municipal courts. The Constitutional Court resolves constitutional questions. The twenty-member General Council of the Judiciary appoints judges and maintains ethical standards within the legal profession. The constitution also provides for a public prosecutor and a public defender to protect both the rule of law and the rights of citizens. The regional government is a traditionally centralized, unitary state; however, the 1978 Constitution recognizes and guarantees the right to autonomy of nationalities and regions of which the state is composed. In the late 1980s, the national territory was divided among seventeen autonomous communities, each encompassing one or more previously existing provinces. Each autonomous community was governed by statute of autonomy providing for a unicameral legislative assembly elected by universal suffrage. The assembly members select the president from their ranks. The executive and administrative power is exercised by the Council of Government, headed by the president and responsible to the assembly. The division of powers between the central government and the autonomous communities was imprecise and ambiguous in the late 1980s, but the state had an ultimate responsibility for financial matters and so could exercise a significant degree of control over autonomous community activities. Another means of control provided by a presence in each region of central government is a delegate appointed by the Council of Ministers to monitor regional activities. The provincial government remained centralized in the late 1980s. It was headed by civil governors appointed by the Prime Minister, who are usually political appointees. The provincial government is administered by a provincial council that is elected from among the subordinate municipal council members and headed by the pres ident. There are special provisions for the Basque provinces, the single province autonomous communities, and the Balearic and Canary Islands, as well as North African enclaves. Following the death of Francisco Franco y Bahamonde in November 1975, King Juan Carlos de Bourbon engineered a transition to democracy that resulted in the transformation ofdictatorial regime into a pluralistic, parliamentary democracy. Prior to the advent of participatorydemocracy, there was little political involvement by the citizens. Under Franco, the Spanish society essentially depoliticized. But after forty years without elections, parties revived and proliferated in months following Francos death. Spains foreign relations were traditionally isolated from mainstream European affairs. It was neutral in both world wars and was ostracized during the early rule of Franco because of Francos Fascist ties and dictatorial regime. But because of the strategic location at the western entrance to the Mediterranea n, Spain was drawn into the United States orbit during the Cold War. It signed a defense agreement with the United States in 1953, and was subsequently renewed at regular intervals. Nevertheless, anti-Americanism persisted. They were also permitted to join the United Nations. Following Francos death in 1975, the main diplomatic goal was to establish closer ties with Western Europe and to be recognized as a West European democratic society. It became a member of the Council of Europe in 1977, EC in 1986, and Western European Union in 1988. It had already joined the North Atlantic Treaty Organization in 1982, but the membership was controversial within Spain. Socialists initially opposed it, but ultimately it came to support limited involvement, and a public referendum in March of 1986 confirmed Spains membership. Other major foreign policy objectives were to increase Spanish influence in Latin America, to achieve the return of sovereignty over Gibraltar to Spain, and to serve as a br idge between Western Europe and the Arab world, in which Spain had adopted a generally pro-Arab stance. The 1978 Constitution declares that justice emanates from the people and that it is administered in the name of the king by independent judges and magistrates, who are irremovable and who are responsible and subject only to the rule of law. The judicial system is headed by the Supreme Court, which is the countrys highest tribunal except for constitutional questions. The supreme governing and administrative body is the General Council of the Judiciary. Its primary functions are to appoint judges and to maintain ethical standards within the legal profession. The 1978 Constitution provides that twelve of this councils twenty members are to be selected for five-year terms by judges, lawyers, and magistrates, with the remaining eight to be chosen by the Cortes. A judicial reform law that entered into force in July 1985 called for all twenty members to be chosen by the Cortes; ten by th e Congress of Deputies and ten by the Senate. The General Council of the Judiciary elects the president of the Supreme Court, who also serves on this council. In addition, there are territorial courts, regional courts, provincial courts, courts of the first instance, and municipal courts. Constitutional questions are to be resolved by a special Constitutional Court, outlined in the 1978 Constitution and in the Organic Law on the Constitutional Court that was signed into law in October 1979. This court consists of twelve judges who serve for nine-year terms. Four of these are nominated by the Congress of Deputies, four by the Senate, two by the executive branch of the government, and two by the General Council of the Judiciary. They are chosen from among jurists of recognized standing with at least fifteen years experience. Once appointed, they are prohibited by the Constitution from engaging in other forms of political, administrative, professional, or commercial activity. The Organ ic Law on the Constitutional Court contains provisions whereby the court can expel its own members, a circumstance which appears to contradict the constitutional declaration that magistrates are irremovable. The Constitutional Court is authorized to rule on the constitutionality of laws, acts, or regulations set forth by the national or the regional parliaments. It also may rule on the constitutionality of international treaties before they are ratified, if requested to do so by the government, the Congress of Deputies, or the Senate. The Constitution further declares that individual citizens may appeal to the Constitutional Court for protection against governmental acts that violate their civil rights. Only individuals directly affected can make this appeal, called an amparo, and they can do this only after exhausting other judicial appeals. In addition, this court has the power to preview the constitutionality of texts delineating statutes of autonomy and to settle conflicts of ju risdiction between the central and the autonomous community governments, or between the governments of two or more autonomous communities. Because many of the constitutional provisions pertaining to autonomy questions are ambiguous and sometimes contradictory, this court could play a critical role in Spains political and social development. The Constitution prohibits special courts and limits the jurisdiction of military courts to members of the armed services, except during a state of siege. It provides for a public prosecutor as well as for a public defender, to protect both the rule of law and the rights of citizens. A significant innovation is the provision allowing for trial by jury in criminal cases. One aspect of Spains limited experience of democratic politics is that its judiciary has historically tended to be more or less directly controlled by the government of the day. Executive influence was especially widespread under the Franco regime and took a number of forms. Offen ces that would in most countries be considered a matter for the civilian courts fell under military jurisdiction; judges career chances were under direct government control. As a result, the executives role in the administration of justice was thorny issue facing democratic governments after 1975. .u2ea765adbeea3c88e709d9fd8755a7d0 , .u2ea765adbeea3c88e709d9fd8755a7d0 .postImageUrl , .u2ea765adbeea3c88e709d9fd8755a7d0 .centered-text-area { min-height: 80px; position: relative; } .u2ea765adbeea3c88e709d9fd8755a7d0 , .u2ea765adbeea3c88e709d9fd8755a7d0:hover , .u2ea765adbeea3c88e709d9fd8755a7d0:visited , .u2ea765adbeea3c88e709d9fd8755a7d0:active { border:0!important; } .u2ea765adbeea3c88e709d9fd8755a7d0 .clearfix:after { content: ""; display: table; clear: both; } .u2ea765adbeea3c88e709d9fd8755a7d0 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u2ea765adbeea3c88e709d9fd8755a7d0:active , .u2ea765adbeea3c88e709d9fd8755a7d0:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u2ea765adbeea3c88e709d9fd8755a7d0 .centered-text-area { width: 100%; position: relative ; } .u2ea765adbeea3c88e709d9fd8755a7d0 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u2ea765adbeea3c88e709d9fd8755a7d0 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u2ea765adbeea3c88e709d9fd8755a7d0 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u2ea765adbeea3c88e709d9fd8755a7d0:hover .ctaButton { background-color: #34495E!important; } .u2ea765adbeea3c88e709d9fd8755a7d0 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u2ea765adbeea3c88e709d9fd8755a7d0 .u2ea765adbeea3c88e709d9fd8755a7d0-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u2ea765adbeea3c88e709d9fd8755a7d0:after { content: ""; display: block; clear: both; } READ: In feminist writing Essay We will write a custom essay on The Legal System Of Spain specifically for you for only $16.38 $13.9/page Order now The 1978 Constitution included provisions designed to ensure judicial independence. Modeled on similar arrangements in France and Italy, they envisaged creation of a General Council of the Judiciary (Consejo General del Poder Judicial, CGPJ). In essence, the CGPJs purpose was to remove from government control personnel decisions affecting the judiciary. Under the 1980 Act it had sole responsibility for all such matters, including the selection of members of the judicial service, appointment to particular posts, and promotion to higher courts. The CGPJ also has wide powers to propose changes in the organization of the judiciary and court system. It examines proposed legislation of all types, advising the government as to compatibility with judicial procedures and the Constitution. It must be consulted by the government before the latter appoints a new Attorney General, and itself nominates two members of the Constitutional Court. The Council is also responsible for nominating from among its own members the chairman of the Supreme Court, who in turn automatically assumes the chair of the CGPJ. As required by the 1978 Constitution, various mechanisms exist to protect the public interest within the legal system. First, the elected government of the day has a number of responsibilities in this area. As in most continental European countries, these lie with the Ministry of Justice. The Ministry has a number of different roles. In consultation with other bodies, including the Lawyers Association, it drafts government legislation. It administers the legal systems physical infrastructure, such as courthouses. The Ministry also runs the governments own legal service. The second instrument of the public interest within the legal system is the government attorney service. This body is responsible principally for acting as public prosecutor in criminal cases. As such, attorneys initiate the examination stage of cases, and thereafter cooperate with the police and the examining magistrate in assembling the evidence. At the subsequent trial they lead the prosecution case. In addition, the attorney service has a general brief to monitor the functioning of the courts to ensure that verdicts are implemented and that procedures are properly carried out. Its members enjoy wide powers to intervene in cases where they have grounds to believe that the public interest is affected. The service is headed by the Attorney General, nominated by the government after consulting the General Council of the Judiciary. Constitutional provisions for more direct public involvement in the judicial system have been less than fully implemented. Thus the Constitution allows for the possibility of trial by jury, yet measures to regulate its introduction were not passed until 1995. Even then there was very little preparation in terms of public education, giving rise to considerable concern among both lawyers and the public about the practical effects. The Constitution also allows the possibility of a private prosecution. If litigation can be shown to derive form a sufficient degree of public concern, then the costs must be taken by the state. Yet this provision too has had minimal impact, because of the highly restrictive conditions on its applications. In practice, access to the courts continues to require the retention not just of a lawyer but also of an officially recognized legal representative, equivalent to a barrister or advocate. Prior to 1975 several types of courts enjoyed the power to impose legally binding decisions. They included Church courts, as well as the tribunals operated by certain professional organizations and by the military. The 1978 Constitution recognizes the jurisdiction of these latter within the specifically military sphere. With this single exception however, it explicitly denies legal jurisdiction to all organs other than the courts of the states own judicial systemSpanish courts are also structured on the basis of a conceptual division of the judicial process into stages. The central the only one in many cases, is that of trial. Evidence is presented to and examined by the court which then announces its verdict and any sentences. If one of the parties has legitimate grounds to question the courts decision, the case may pass to a further stage, that of appeal. In criminal cases the trial is also preceded by another stage, that of examination. During it the court authorities are responsible for gathering the relevant evidence, in the form of exhibits and statements. The results are then presented to the court trying the case in a report. It is a fundamental principle of the system that, in a given case, no two of these stages should be handled by the same court. .u61aedf45f0b07827f043b8568b9576c9 , .u61aedf45f0b07827f043b8568b9576c9 .postImageUrl , .u61aedf45f0b07827f043b8568b9576c9 .centered-text-area { min-height: 80px; position: relative; } .u61aedf45f0b07827f043b8568b9576c9 , .u61aedf45f0b07827f043b8568b9576c9:hover , .u61aedf45f0b07827f043b8568b9576c9:visited , .u61aedf45f0b07827f043b8568b9576c9:active { border:0!important; } .u61aedf45f0b07827f043b8568b9576c9 .clearfix:after { content: ""; display: table; clear: both; } .u61aedf45f0b07827f043b8568b9576c9 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u61aedf45f0b07827f043b8568b9576c9:active , .u61aedf45f0b07827f043b8568b9576c9:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u61aedf45f0b07827f043b8568b9576c9 .centered-text-area { width: 100%; position: relative ; } .u61aedf45f0b07827f043b8568b9576c9 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u61aedf45f0b07827f043b8568b9576c9 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u61aedf45f0b07827f043b8568b9576c9 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u61aedf45f0b07827f043b8568b9576c9:hover .ctaButton { background-color: #34495E!important; } .u61aedf45f0b07827f043b8568b9576c9 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u61aedf45f0b07827f043b8568b9576c9 .u61aedf45f0b07827f043b8568b9576c9-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u61aedf45f0b07827f043b8568b9576c9:after { content: ""; display: block; clear: both; } READ: Social Media and Law Enforcement Sample EssayThe conceptual hierarchy of court overlaps with a second, geographical one, higher levels of which cover larger areas as well as subsequent stages of procedure. It was subject to considerable reform by the 1988 Court Structure and Functions Act. The only tier left unaffected by the Act was the lowest, made up of the municipal courts with jurisdiction over minor civil and criminal offences. They are presided over by a single Justice of the Peace, who is not required to have any legal training. The fundamental change introduced by the 1988 Act was the establishment of new courts at the level of court districts to replace the former district courts. These so-called courts of the first instance and examination deal with the bulk of cases. They act as appeal courts for cases tried before justices of the peace, a role in contradiction with their title. In other civil cases they act as a genuine court of the first instance, i.e., as the court by which the case is first heard. In most criminal cases they act as the examining court. These reformed district courts are again presided over by a single member of the judiciary. Unlike justices of peace, he or she must be a trained lawyer. Another change brought about by the 1988 Act was the creation of special provincial criminal courts. They try lesser offences, that is, those subject to a maximum prison term of three years. Previously such trials had been heard by the district courts, which had examined them, in violation of the principle that different stages of a case should be the responsibility of different courts. Along with the special provincial childrens, prison, employment and administrative courts, they complete the category of lower courts. Courts at higher levels of the system are distinguished in several ways. They are collegiate, that is, they are presided over by a bench composed of several members known as judges. They consist of several divisions, concerned with different types of cases. And they also generally deal with appeals from lower courts rather than with first hearings. An important exception to this last distinction is provided by the provincial courts which, in addition to hearing appeals from below, also try criminal offenses too serious to be heard by a lower court. The next level consists of the regional High Courts established as a result of devolution in the 1980s, which replace the former regional courts. For matters relating exclusively to the region concerned they provide the final court of appeal. In cases where country wide-issues are involved, further recourse may be had to the High Court, established in 1977. Its criminal division also tries cases in certain fields, including falsification of the coinage, contamination of foodstuffs and medicines, and drug trafficking. Rather than comparing the methods of the Spanish legal system to one of another country, I believe that the Pinochet case has had a direct effect on the legal system of Spain and various other countries. The former Chilean dictator General Augusto Pinochet is wanted by a Spanish High Court judge on charges of genocide and torture, and other crimes against humanity. Pinochet is currently under police guard after being arrested on an international warrant by Spanish magistrates. The judge is seeking to extradite him in the murders in Chile of Spanish citizens. Spains high court judges ruled that Spain has jurisdiction to investigate the case. This ruling by Spains National Court that Spanish courts could try people for offences committed under former military regimes in Chile and Argentina appeared to clear the way for a number of prosecutions. The extradition request must be approved by Spains cabinet before going through diplomatic channels to Britain. According to the Universal Decl aration of Human Rights Article 14, a person can be extradited from asylum in a foreign country for a criminal account or from acts contrary to principles of the United Nations. Spain filed an expedition from Britain using the Law of European Community. Following the International Covenant on Civil and Political Rights, Spain is fully within its jurisdiction to try and punish the persecutor of genocide (Article 6). The 1948 Convention on the Prevention and Punishment of the Crime of Genocide confirms that genocide, whether committed in time of peace or in time of war, is a crime under international law for which individuals shall be tried and punished. This case must follow the proper litigation within the European community and thus effects the judicial procedures of numerous countries. Finally the Supreme Court is concerned with resolving appeals, relating to the interpretation of legislation. Its decisions in such cases continue a body of case law. This is collected and published by the General Council of the Judiciary, for use by the lower courts as a source of guidance, additional but subordinate to legislation. The Court consists of five divisions which deal with civil, criminal, military, administrative and employment matters. The initial conclusion I came to after reviewing the material and research on the Spanish legal system was that there was not a varied amount of publications on the topic. The most recent works were mainly about the Spanish integration within the European community. Secondly, the material that I did find focused on the structure, not the application and use of the court system. Upon evaluation of the legal system of Spain it has a considerable amount of structural efficiency with respectable decisions. However, A major problem that conti nued to plague the legal system was a severe shortage of funds, which made it impossible to keep up with an increasingly heavy caseload. This resulted in inordinate delays, which led to corrupt practices such as the bribing of court administrators by lawyers attempting to expedite their clients cases. BibliographyCortada, James. (1971). United States Spanish Relations, Wolfram and World War II. Barcelona: Manuel Pareja. Lancaster, Thomas, ; Prevost, Gary (Eds.). (1985). Politics and Change in Spain. NewYork: Praeger. Lawlor, Teresa, ; Rigby, Mike. (1998). Contemporary Spain. New York: Longman. Yannopoulos, George N., (1989). European Integration and the Iberian Economies. London: Macmillan Press.

New York by Gas-Light Essays

New York by Gas-Light Essays New York by Gas-Light Essay New York by Gas-Light Essay New York by Gas-Light and Awful Disclosures can be called a number of things, but â€Å"earnest reform tracts† is probably something that should be excluded from the list. New York by Gas-Light has one critical redeeming value: George Foster had a magnificent subject that had largely been unexploited by other journalists in his day: New York City.   New York had grown at an breakneck pace, becoming in just a few decades the first true American metropolis.   At the same time, Americans’ appetite to know about this strange, somewhat sordid place had also grown, and Foster was entirely willing to satisfy the public’s desire to know.   Reading through his fifteen sketches, one finds descriptions intended to arouse and perhaps to shock his readers, but there is no serious call to clean up the vice of the city. Consider a few examples: female prostitution is invariably the result of man’s individual villainy in seducing and betraying the pure being who trusts her destiny to his keeping – or of the monstrous crime of society which dooms its daughters to degradation, want and misery from which no virtuous effort of theirs can ever rescue them.   Let society heed this one simply truth, and apply a thorough and efficient remedy, by furnishing the means of comfortable and happy existence to women who would be virtuous and exclude from its presence all men who are guilty of seduction or libertinism, or who have trifled with the sacred affection of woman, in any form.   The nine-tenths of all crime and suffering will be at once abolished from the face of the earth.   But this is something to be prayed fro rather than hoped for. Indeed, given the prominence that Foster attained through his writing, one wonders how fervently he prayed that these conditions end.   Describing â€Å"Five Points,† he waxes eloquent: This is indeed a sad sight, an awful sight a sight to make the blood slowly congeal and the heart to grow fearful and cease its beatings.   Here, whence these streets diverge in dark and endless paths, whose steps take hold on hell here is the very type and physical semblance, in fact, of hell itself. Foster gives no suggestion that he want to remedy the vices he found in such places as Five Points.   Given the success that he enjoyed with New York by Gas-Light, it seems unlikely he did. New York by Gas-Light is not entirely accurate.   Foster took a number of journalistic liberties in his writing, but it can still be classified as non-fiction.   That cannot be said of Awful Disclosures, which was a calculated fraud.   Maria Monk was never a nun and was never in the Hotel Dieu Nunnery.   Monk had suffered a brain injury as a child, and she apparently could not differentiate between reality and elaborate fictions.   She collaborated with several vehemently anti-Catholic Protestant ministers, to produce a book that described the nunnery in Montreal as an elaborate prison in which nuns were held as slaves for priests. While there is the absence of explicit details about sex acts that might be expected for a piece of this period, there are many details of sadistic punishments meted out against nuns for the slightest resistance.   Infanticide is described in some detail, this being the supposed means of disposing of any accidental children born of the liaisons of the lascivious priests with their sexual servitors. (Monk, 99-101, 128)   Bondage and gagging are described as punishments. (Monk, 105-06, 114-15)   In a remarkably cold scene, she describes the murder of a nun and the dumping of her body into a lime pit. (Monk, 59-65) While Foster wrote New York by Gas-Light as a profit-making venture, the purpose for creating the elaborate hoax of Awful Disclosures is more devious.   The book was created as an attack on Catholicism.   In the 1830s, nativist Protestants felt themselves threatened by Catholicism.   To counter this, and following the literary success of Six Months in a Convent in 1832, Maria Monk’s backers created their pseudo-pornographic account of life in a Montreal nunnery.   The book has since been exposed as completely fictional.   An investigator who was enter the Hotel Dieu Nunnery reported that Maria Monk’s description of the arrangement of the rooms (Monk, 35-40) was hopelessly inaccurate. (Schultz, xv-xix)   As inquiries continued, it was discovered that Maria Monk had never been a nun, had apparently been confined for a considerable time to an asylum, and was a common prostitute rather than the victim of priestly sexual abuse.   Nevertheless, Awful Disclosures remained a remarkable bestseller for many years. (Schultz, xviii-xix)

Review of Timeline by Michael Crichton

Review of Timeline by Michael Crichton The purpose of history is to explain the presentto say why the world around us is the way it is. History tells us what is important in our world, and how it came to be. Michael Crichton, Timeline Ill admit it right up front: I dont like historical fiction much. When authors are sloppy in their research, I find the inaccuracies distracting enough to ruin what might otherwise be a good story. But even when the representation of the past is largely authentic (and to be fair, there are some extraordinary authors who really know their stuff), fictionalization makes history much less enjoyable for me. What can I say? Im a hopeless history buff. Every minute I spend reading fiction is a minute Id rather spend learning historical fact. Heres another confession: Im not a big fan of Michael Crichton. I do find good science fiction fascinating (a genre that pushes the edges of what if is as mind-expanding for me as a scholarly discipline that asks what really happened). And Crichton isnt a bad writer, but none of his works has ever made me sit up and say, Wow! While his ideas can be intriguing, they all seem to make much better movies. Whether this is because his style lacks the immediacy of film or because I have to spend less time plowing my way through the story I have yet to decide. So, as you can well imagine, I was predisposed to despise Crichtons semi-historical novel Timeline. The Up Side of  Timeline Surprise! I liked it. The premise was appealing, the action was gripping, and the ending was dramatically satisfying. Some of the cliffhangers and segues were very nicely executed. While there wasnt a single character I could identify with or even like very much, I was pleased to see some character development as a result of the adventure.  The good guys grew more likable; the bad guys were really bad. Best of all, the medieval setting was mostly accurate, and well-realized to boot. This alone makes the book a worthwhile read, especially for those who are unfamiliar or only somewhat familiar with the Middle Ages. (Unfortunately, this is a rather large percentage of the population.) Crichton effectively points up some common misconceptions about medieval life, presenting the reader with a vivid picture that is at times much more attractive, and at other times much more frightening and repellent, than that generally presented to us in popular fiction and film. Of course there were errors; I cant imagine an error-free historical novel. (Fourteenth-century people larger than modern folk? Not likely, and we know this from the skeletal remains, not surviving armor.) But for the most part, Crichton really managed to bring the Middle Ages alive. The Down Side of  Timeline I did have some problems with the book. Crichtons usual technique of expanding the cutting-edge technology of today into a believable science-fiction premise fell sadly short. He spent too much effort trying to convince the reader that time travel could be possible, then used a theory that struck me as internally inconsistent. Though there may be an explanation for this apparent flaw, it was never addressed clearly in the book. I suggest you avoid a close examination of the technology and accept it as a given in order to enjoy the story more. Furthermore, the characters who were surprised by the realities of the past were people who should have known better. The general public may think the Middle Ages were uniformly filthy and dull; but encountering examples of good hygiene, splendid interior decor or swift swordplay shouldnt surprise a medievalist. This makes the characters not very good at their jobs or, worse, it presents the erroneous impression that historians dont bother with the details of material culture. As an amateur medievalist, I find this rather annoying. Im sure professional historians would be downright insulted. Still, these are aspects of the book that are easy to overlook once the action is truly underway. So get ready for an exciting ride into history. Update Since this review was written in March of 2000, Timeline was made into a feature-length, theatrical-release movie, directed by Richard Donner and starring Paul Walker, Frances OConnor, Gerard Butler, Billy Connolly and David Thewlis. It is now available on DVD. Ive seen it, and its fun, but it hasnt broken into my list of Top 10 Fun Medieval Films. Michael Crichtons now-classic novel is available in  paperback, in  hardcover, on  audio CD  and in a  Kindle edition  from Amazon. These links are  provided as a convenience to you; neither Melissa Snell nor About is responsible for any purchases you make through these links.

Ompensation laws Essay Example | Topics and Well Written Essays - 1000 words

Ompensation laws - Essay Example This paper presents analysis of a case study in light of the compensation laws. The characters are Orlando (lender) and Kate (borrower). I am supposed to advise Orlando apropos his wish to sue Kate for the remaining amount of debt that he had formerly waived. Before writing my advice to Orlando, it is customary to briefly review the various contract laws and conditions that apply on the case under consideration. Promissory estoppel: Promissory estoppel is employed as one of the legal principles in US law. It may also exist in many other legal systems with a different title. â€Å"Promissory estoppel allows a party to recover on a promise even though that promise was made without consideration† (Oppenheimer, 2011). It necessarily keeps an individual from asserting that a promise he/she made in the past is not to be upheld. When a party who holds a contract with another party, makes a promise to it that essentially waives any or all traits of the contract between the two, upon c ertain conditions that the other party complies with, the promisor no more remains in a position to enforce the contract at a later point in time. This is the fundamental principle of promissory estoppel. The law gives all the importance to a contract in the analysis of cases. Previously, a promise that rendered the contract unenforceable in any way was not given any consideration as per the common law theory. However, promises were frequently made in practice that caused considerable abuse that was not adequately addressed by the common law. Equity later brought up a new disparity of estoppel. Because of that, although the promise was not given due consideration, the promisor is deprived of the right to enforce the earlier contract against which, he/she had made a promise to the other party. Contract offer and acceptance: In contract law, a traditional approach that can be used to check whether or not an agreement sustains between two or more parties, is the offer and acceptance an alysis. An offer is a suggestion made by one entity to another whereby the first expresses a will to engage in a contract on clearly defined conditions. The contract does not leave any room for further discussions. The rules are clearly identified and fixed. Once the second entity accedes to the conditions put forth by the first entity and conveys its acceptance to the offerer, a contract is established. A contract forms as a result of momentary unionization of minds of the parties entering it, and serves as a standard for the time to come. Such developments as the estoppel law, unjust enhancement and inappropriate conduct have caused considerable damage to the classical contract development approach. Part payment of debt: Part payment of debt involves partial return of the debt instead of full by the borrower to the lender. When looked at from the perspective this contract law, Orlando may still have some rights to exercise. Although Orlando consented to accept ?625 from Kate in fu ll satisfaction of the original amount i.e. ?1250, this does not bind Orlando by his promise. The law offers Orlando right to demand the remaining amount by suing Kate at a later point in time. â€Å"Part payment of a lesser sum, on the day (that it is due) cannot be any satisfaction for the whole because it appears to the judges that by no possibility a lesser sum can be satisfaction to the claimant for a greater sum†¦Ã¢â‚¬  (SIC, 2010). However, Orlando has lost his right over the rest of the money because the case involves one of the three exceptions to the general rule. The case reveals that Orlando has asked Kate to return half of the money till Wednesday, but Kate paid him the sum on Tuesday instead of Wednesday which essentially means that Orlando had accepted the payment, one day in advance of the payment date he had formerly told Kate. According to the law, if the creditor accepts the payment in advance of the due date, he waives his/her right to sue the borrower lat er (SIC, 2010). Consideration: Consideration is the name of a benefit of any sort

Internation Marketing Assignment Example | Topics and Well Written Essays - 2250 words

Internation Marketing - Assignment Example While retail stores and other associated channels provide arenas where final transactions take place and consumption begin, the impact of retailing activities on customer demand has largely been ignored in the theory of marketing, with few exceptions such as the late Hollander whose research has continuously proved to be of great contribution to market researchers. Hollander argued that the fundamental of market theory was aimed at understanding how retailers have acted (and still act) as consumption modifiers and gatekeepers. Likewise, Hunt noted in 1983 that marketing study involves the study of exchange behavior and institutional frameworks through which exchange occur. Hunt’s view was that the study should be a fundamental marketing explanda. Within the marketing arena, slow knowledge change on retailing has been achieved. This however should be the case considering the numerous technological and socio-cultural advancements the world continues to witness every passing moment. One exception for the slowness is the historic nature of most marketing research activities. Hollander noted that much study was a historical or highly â€Å"anecdotal†. The call for response to Hollanders challenge was echoed by Alexander in 1997. In Alexanda’s perspective, the importance of retailing and marketing to modern business development cannot be underestimated. Much action needs to be taken in ensuring that theories and frameworks that are developed are beneficial to the growing business world. One area that is of great concern is the issue of ethnocentricity in business and especially in international marketing although it has not been incorporated in previously formulated theories. From the facts discussed above, it is noted that marketing managers and market researchers often fail to take into consideration ethnocentrism in their conceptual frameworks, practice and

HEC-HMS Evaluation

HEC-HMS Evaluation HEC-HMS is a hydrological model that can be used to check the effect of a storm based event on a watershed or a continuous simulation. HEC-HMS is distributed model but it deals with a watershed as a conceptual model which consist of sub-basin and reach. HEC-HMS is very powerful as it has many options for hydrological calculations and a user-defined is one of the options. One of the uses of the HEC-HMS is to predict the future urbanization that can happen in a watershed and the corresponding flood that could happen. HEC-HMS alone cannot get the places of the flooded area but the hydrograph extracted from the HEC-HMS can be used in HEC-RAS and RAS-mapper to get the inundated map of the city due to a certain storm event. In this lab, a simple simulation will be used to simulate the hydrograph of Tifton watershed.   In order to build a HEC-HMS project, there are components should be added first. The main components that the HEC-HMS require is the basin component which contains the basin properties such as sub-basins, reaches and junctions, the metrological component which contains the rain gages that will be used for precipitation, the control component which contains the simulation time period and the time series component which contains any time series data such as the hyetograph or hydrograph. HEC-HMS has four main windows which are the component window, view window, editor window and message log window. The component window contains all the created components so that we can toggle between them. In order to edit any of the components chosen from the component window, the editor window is used and it contains tab but for global data entry or edit the component menu is used. The view window shows the selected basin, result or table. The log message shows if there is error or the model has found no problem as for example as shown in Figure 1 the log message says, Note 10008: Finish opening projectà ¢Ã¢â€š ¬Ã‚ ¦. Which means that the project was opened successfully with no errors found. Figure 1 Log message of HEC-HMS Basin component As mention before that the HEC-HMS is conceptualizing the watershed, so we will import the watershed image as a background as shown in Figure 2 and draw on it the corresponding component. This is a simple watershed that contains only one sub-basin and one outlet. the sub-basin is named 74006 and the outlet is junction in HEC-HMS and there is no reach used for flow channel routing. Figure 2 HEC-HMS desktop view The sub-basin properties should be entered for HEC-HMS to use in calculations. The main property is the catchment area as the HEC-HMS is using all the catchment symbolled in one point (sub-basin 74006). The other properties that should be entered are the hydrological calculations that the HEC-HMS will use to calculate the hydrograph at the outlet of the sub-basin as shown in Figure 3. Figure 3 Sub-Basin hydrological calculation methods Canopy is the method used to calculate the water intercepted on the tree that avoid the water to reach the ground. The percentage of vegetation obtained from remote sensing is used to determine the canopy. In this lab, simple canopy method is used which need only the initial water storage in the tree and the maximum storage that the plant can hold. In order to indicate the surface storage that can happen in the watershed there are different methods, in this lab a simple surface is used. The simple surface method is mainly saying how much is the initial storage and the maximum storage. The maximum storage provide in this lab is zero which is useless as the surface method can be selected as none instead. To get the parameters of the initial storage and maximum storage a site investigation can be done or throughout satellite maps and DEM the surface depletions and storage area can be calculated roughly. Infiltration losses is indicated here as the loss method. The loss method that is widely used is the Horton equation but in this lab the soil moisture loss is used. The soil moisture loss method mainly works as the soil moisture content and the maximum infiltration rate of the vadous zone of the soil as well as the groundwater beneath the vadous zone depth and the percolation rate from vadous zone to the groundwater and if the groundwater is into two different soil type provide the data to each soil type. In order to get the data for this method a soil surveying is required or from a previous defined data as the FAO maps or Canada CIRUS maps. The unit hydrograph for the basin is not known so a synthetic hydrograph will be used. There are different synthetic hydrograph methods in HEC-HMS, in this lab Clark (1945) Hydrograph is used. The Clark Unit Hydrograph is divided into translation based on synthetic time area curve and time of concentration as well as a reduction of discharge as excess rainfall is stored in watershed. Clark Unit Hydrograph is modeled with linear reservoir for baseflow. The parameters for the Clark Unit Hydrograph is the time of concentration and the storage coefficient. Time of concentration can be calculated using watershed properties or from previous observations but the storage coefficient most likely will be calibrated. The linear reservoir is used for baseflow separation. Baseflow is linearly related to average storage of each time interval similar to the Clark unit Hydrograph. The linear reservoir also is used with the soil moisture content as it depends of the water in the groundwater and how it returns back to be a contributed to the hydrograph as a baseflow. The parameters of the baseflow is hard to measure so it will be most likely calibrated. Time series component In the time series component, a rainfall hyetograph is entered in the rain gages using the Tifton DSS file provided with the project. After entering the hyetograph, the graph can be shown as shown in Figure 4. The hyetograph will then be assigned to the basin in the metrological compenent. Figure 4 Tifton Hyetograph In the time series component, also the observed outflow hydrograph of the catchment is entered using the Tifton DSS file. After entering the DSS file the hydrograph is shown as in Figure 5. The hydrograph should be used for model calibration of the unknown parameters. Figure 5 Tifton observed hydrograph Meteorological component In the meteorological component, the hyetograph is assigned to the sub-basin and if there are more than one rain fall gage a weighted average can be assigned to each sub-basin. Also in the meteorological component, the evapotranspiration is entered. In this lab, monthly average is used which gives a constant value for each month and corresponding coefficient. Control component Finally, the control component is used to define the simulation period and time interval. In the lab, according to my group number which is 15 the corresponding simulation time is used which is from the first of January 1970 to the thirties of June 1970. After finishing all the data entry, a simulation manager is used to create a simulation which is defined by selecting the basin, meteorological and control data to be computed. After creating the simulation, compute is chosen and a message of successful appear in the message log -if there is any error or warning will appear in the message log too-. From the results tab, a global summary can be viewed as shown in Figure 6. The global summary gives the drainage area contributing to each sub-basin and each junction and the time to peak and the corresponding peak discharge as well as the total volume of excess rainfall. In this lab, there is only one sub-basin so the sub-basin and junction will have the same properties. The peak discharge is 873 CFS and happened in the thirty-first of March 1970 at 1:00 PM. The total excess volume is 16.36 in. Figure 6 Global Summary The graph of the sub-basin 74006 shown in Figure 7 show the hyetograph in the top part which consists of red and blue. The red part shows the infiltrated depth while the blue line shows the excess rainfall depth. The bottom part of the graph shows the hydrograph which consists of the baseflow and the excess hydrograph. The blue solid line shows the hydrograph while the dotted red line shows the baseflow. As we can see that in January all the rainfall is almost infiltrated and there is no excess and that is reflected in the hydrograph as there is no excess hydrograph only baseflow. The peak rainfall events happened at the end of March and May and as we can see that there is a lag time between the peak of the hyetograph and the hydrograph which represent the time of the water to route though the watershed to the outlet of the catchment. Even both event in March and May has the same rainfall but the peak was higher in March due to the infiltration difference. The infiltiration that happ ened in May was larger than March as the soil moisture content in March was high due to event happened just before the peak event while before May peak event it was dry for almost two months. Figure 7 Hyetograph/Hydrograph of Sub-basin 74006 The hydrograph of the junction shown in Figure 7 shows the hydrograph coming from each sub-basin the blue dashed line and the total summation of all the hydrographs at the junction the blue line and the observed data the black dotted line. The dashed blue line and the solid blue line are coinciding because there is only on sub-basin that contribute to the junction. As shown in Figure 7, the observation and the hydrograph at the junction as almost the same which means that the parameters and methods used in the HEC-HMS are representing the reality quite well. Figure 8 Hydrograph of Junction HEC-HMS can simulate storm event to get the flow hydrograph of the catchment. It is important to use the adequate method based on the data availability. The model should be calibrated using the observed data. HEC-HMS can gives how each sub-basin can contribute to the basin outflow and what changes will happen if any of the sub-basin changes. Hydrologic Engineering Center (2010). Hydrologic Modeling System HEC-HMS, Quick Start Guide, US Army Corps of Engineers, Davis, USA

Benihana Case Study and Notes on Deep Change

Case Study Component: Benihana of Tokyo 1. What are the differences between the Benihana production process and that of a typical restaurant? Benihana focuses on creating a dining experience that is not just about the food and service as most other restaurants do. Benihana emphasizes customer entertainment whereas when you eat at a typical restaurant you and your family, friend, or partner have to create your own entertainment. By using the hibachi table where chefs make the food right in front of you, Benihana puts on a show for their customers.The interior design and the vibe of the restaurant makes the entire experience feel authentic and special for the customers 2. How does Benihana seat the maximum number of customers? By designing the restaurant’s floorplan in a strategic way, Benihana is able to maximize the usage of each square foot. Benihana decided to take away employee space and use it to create more space for tables. This employee space includes creating an effici ently smaller kitchen as well as the employee pass-through, back room, and bathrooms. 3.How does peak-time differ from non-peak-time? At non-peak time hours, customers are given more time and comfort to be able to enjoy their meals and dining experience at the restaurant. At the peak-time hours, Benihana employees focus very intensely on having quick table turnover to maximize the number of customers they can get. For peak-time hours usually customers are there for around 45 minutes whereas during non-peak time hours customers are usually there for around 90 minutes. 4. What is the role of â€Å"entertainment† in the restaurant?As mentioned before, Benihana places a great emphasis on entertainment unlike most other restaurants. When customers come to Benihana they are paying for the experience and for their entertainment value. Entertainment is central to Benihana’s business model because it is one of the biggest reasons for why customers come to their restaurant. Deep Change: How Operational Innovation Can Transform Your Company. a) If operational innovation is so beneficial, why don’t more companies adopt it?Operational innovation is very beneficial but companies have to weigh the benefits and costs of changing their operations. Companies also need to consider whether these benefits are short-term or long-term benefits and whether it fits well in their business model. New technology and innovation does not always prove to be a good idea hence why many companies see it as a large risk. Another problem that companies face with operational innovation is finding someone who will tackle the challenge of bringing it into the workplace, properly installing it, and teaching all the other employees how to use it.A lot of people at the high management levels often do not see the need for operational innovation if things are already smooth and steady so they often overlook a potential future need for operational innovation. It is a big organization al change which requires a lot of time and more often than not, people are not very willing to change the way they work especially if it requires time and effort to learn how to use it. b) How can firms accelerate operational innovation? Companies should look at other role model companies within their industry.They can see how operational innovation has worked for them and see how it can be incorporated into the company. Firms need to also understand and identify what they want to be and what their goal or vision is for the company. By doing this, firms are able to see if certain operational innovation will allow them to reach their goal. Companies also need to identify and defy a constraining assumption because every operational innovation â€Å"defies an assumption about how work should be done. If the company carefully chooses an operational innovation and implements it into their company properly, the operations of the company will be transformed for the better, especially in t he long-term. c) Does operational innovation provide a sustainable competitive advantage? If the innovation is unique and efficient, it will provide the company with a sustainable competitive advantage. However, if a company steals the innovation from another competitor, it may help them compete even more intensely but it does not mean that it is a sustainable competitive advantage.