Monday, May 18, 2020

French Revolution and Napoleonic Era Worksheet - 1775 Words

University of Phoenix Material French Revolution and Napoleonic Era Worksheet 1. Essay Explain, in 1,050 to 1,400 words, how the following ideas and ideals influenced the events and motivated the participants in the French Revolution: Liberty Equality Brotherhood Hubris Fiscal irresponsibility Democracy Technology The French Revolution was a quest for liberty, and centered on people who wanted their freedom. They wanted to be treated as equal participants in the community, not as slaves for the royals or nobles. The peasants who represents more than 90% of France’s population, were working for their own families and everyone else as they paid much more in taxes. Brotherhood was the way of everyone coming together†¦show more content†¦Brotherhood was not only sticking by each other in your community but brotherhood within the church system. Christian brotherhood was part of the fraternity, one was identified by the social and religious links based on their Christian brotherhood. The second sense of the fraternity was if one were to follow the path of liberty and equality as a free pact. Brotherhood was a way of life for people during the revolution it was how they were able to find a moment of peace in all the bad around them. To act toward someone with the spirit of bro therhood is to accept them as they are, and treat them as you would want to be treated. Even if the government was not doing this, the peasants and the lower class people knew that to survive they needed each other. One person alone would die, but with people to help them along their struggle they will survive. Hubris was a big conflict in the French Revolution, between humility and the intoxication of power napoleon was his hands full of dangerous hubris. This is a natural human trait that can be negative if an individual was unstable at balancing humility and power while using his leadership skills for the good of others. Hubris in history were mostly a negative, significant opportunities that fell short and completely collapsed. The consequence for hubris to occur, is when a leader gains the flaw of hubris,Show MoreRelatedNapoleon timeline Essay1026 Words   |  5 PagesFrench Revolution and Napoleonic Era Worksheet HIS/114 Version 3 1 University of Phoenix Material French Revolution and Napoleonic Era Worksheet 1. Essay Explain, in 1,050 to 1,400 words, how the following ideas and ideals influenced the events and motivated the participants in the French Revolution: †¢ Liberty †¢ Equality †¢ Brotherhood †¢ Hubris †¢ Fiscal irresponsibility †¢ Democracy †¢ Technology †¢ The French Revolution took place between 1789-1799. This war helped

Saturday, May 16, 2020

Why Did Franklin D. Roosevelt Win the 1932 Presidential...

Why did Franklin D. Roosevelt win the 1932 presidential election? Franklin D. Roosevelt won the 1932 presidential election reasons. His margin of victory over Herbert Hoover was the largest in recorded history up to that time. One of the foremost reasons why Roosevelt won was because people believed that he could take America out of the Great Depression unlike Hoover. They believe he will take real action to deal with the Depression. His policies and ideals were much more popular and suitable for the situation they were in. Hoover believed in ‘rugged individualism’ where people should not expect help from the government and that the government will not interfere. Whereas Roosevelt promised his ‘New Deal’, which would provide jobs and†¦show more content†¦There are many images of him talking and shaking hands with ordinary people. When talking to crowds he would mention ordinary individuals he had talked to and there problems – a woman with a baby, a miner, an old fellow†¦ This gave Roosevelt the image of someone who cares for the ordinary person, whereas Hoover didn’t seem interested in his or her problems. Moreover, since Hoover believed the economy wo uld eventually recover by itself,Show MoreRelatedThe Wall Street Crash of 19291326 Words   |  6 Pages completely disappear from their grasp. This catastrophe would later be known as The Great Depression. The man responsible and credited with the United States’ economic recovery was Franklin D. Roosevelt, who assumed presidency of the United States a few years after the crash. During the elections, of 1932, Roosevelt promised to lead the country out of its turmoil and desperation, to bring back the country’s former glory. However, the only information normally given to us in a textbook or televisionRead MoreFranklin Delano Roosevelt Essay2497 Words   |  10 PagesFranklin Delano Roosevelt Franklin Delano Roosevelt is among the most remembered U.S. Presidents. Serving as President for more than twelve years, he was the only President to be elected four times. Roosevelt led the United States through its worst depression and its worst war. He tried his best to stay optimistic with our country and the decisions he made. In Roosevelts first inaugural address, he asked for faith in Americas future. He told the country, The only thing we have to fearRead MoreThe Presidential Election Of 1980 Essay1442 Words   |  6 PagesTuesday, 4 November 1980, The United States presidential election of 1980 was held. The competition was between incumbent Democratic President Jimmy Carter and his opponent, former Californian Republican Governor, Ronald Reagan. Reagan, assisted by a falling economy complicated by inflation and high unemployment, and the Iran hostage crisis, Reagan would win the election in a sweep, receiving the largest number of electoral votes ever tallied by a presidential candidate not currently in office. JimmyRead MoreGeorge Washington s President Of The United States2433 Words   |  10 PagesPresidents, twenty-one Presidents have won a second term election and out of the twenty-one only thirteen were elected twice and served two full terms. All Presidents abided by the tradition of serving a maximum of two terms except for one, President Franklin Delano Roosevelt. Franklin Delano Roosevelt, commonly known as FDR, was born in 1882 in Hyde Park, New York. â€Å"He was the only child of James and Sara Delano Roosevelt. As a child Roosevelt was educated privately at home, when he turned fourteenRead MorePanel Discussion On The State Of Texas1192 Words   |  5 Pagesyears. The principal source of revenue at the local level in Texas comes from property taxes. Property taxes are not at the state level, only at the local level. These taxes are responsible for funding local hospitals and the education system. That’s why schools located in wealthy area receive more money than those who don’t. However, there is a controversial plan in Texas that is making wealthy schools districts mad and it’s called the Robin Hood plan. What it does is that it takes money from the wealthyRead MoreHerbert Hoover4987 Words   |  20 Pages1929 to 1933. He was a world-wide known mining engineer and humanitarian administrator. • As the United States Secretary of Commerce in the 1920s under Presidents Warren Harding and Calvin Coolidge, he promoted economic modernization. In the presidential election of 1928, Hoover easily won the Republican Nomination. The nation was prosperous and optimistic; leading to a landslide for Hoover over the Democrat Al Smit h, a Catholic whose religion was distrusted by many. Hoover deeply believed in the EfficiencyRead More The Republican Party Essay2545 Words   |  11 Pagesreason for why Republicans did not maintain control of the presidency during the 1930s was the Great Depression. The American people blamed Republican presidents for causing this economic downturn and chastised the government for not responding to the needs of the people more quickly. These complains particularly harmed the minority vote and caused them to favor the Democratic Party. Therefore, the majority of racial minorities voted Democratic presidential candidate Franklin D. Roosevelt in the electionRead MoreRegents Exam in U.S. History and Government7115 Words   |  29 PagesCongress the exclusive right to declare war if the nation is attacked (3) protect the interests of states with small populations and states with large populations (4) provide for the indirect election of the president through the electoral college [2] U.S. Hist. Gov’t. – Jan. ’13 8 Which presidential action is an example of the use of the unwritten constitution? (1) signing a law passed by Congress (2) calling a meeting of the cabinet (3) ordering the navy to patrol the Persian Gulf (4) nominatingRead MoreAmerican Revolution and Study Guide Essay example5377 Words   |  22 Pages Chapter 4 Study Guide â€Å"American Life, 1607-1692† 1. Compare and contrast the colonies of New England and the South based on the following: a. Economies b. Geography climate c. Mortality rate d. Sex ratios e. Family relationships/profiles (30pts) 2. Define indentured servitude, then explain why colonial masters first adopted the institution of indentured servitude rather than Indian or Black slavery to meet labor demands? (13 pts) 3. Identify and expand the main causes of Bacon’s rebellion:Read MoreAmerican Civil Rights Movement Essay15820 Words   |  64 PagesLEGISLATION The movement was a success in voting rights and public accommodations and facilities. 1957 - First civil rights legislation. Focused on protecting the voting right of blacks. 1963 - Amendment prohibiting the use of a poll tax in federal elections. 1964 - It prohibited discrimination in public accommodations such as restaurants and hotels and also outlawed job discrimination. 1965 - Voting Rights Act abolished literacy tests, used to deny blacks the right to vote. Nowadays voter registration

Wednesday, May 6, 2020

Graduation Speech Cultural Diversity - 1316 Words

When I originally set out to start this project, I started out wanting to explore how books could be used to address diversity in the classroom in terms of the students’ cultural backgrounds. After spending time in my classroom, I came to the realization that investigating this question would be a challenge, due to the fact that I was only able to observe a handful of situations where students interacted with books, much less books that included aspects of culture. In my classroom, books that incorporated the various traditions and cultures around the world was a rarity, reflecting the scarcity of books in the children’s book industry. Because of this issue, I set my sights to analyzing how teachers address the students’ cultural diversity in their classroom. My observations took place at a private Quaker school situated in an urban setting in the Philadelphia area. The school is committed to seeking truth, challenging the students’ intellect, honoring differences, embracing the city, and nurturing each student’s mind, body and spirit. The observations were conducted in an early childhood education program in the classroom at their school. I was able to observe once every Wednesday morning for approximately two hours, between the times of 8:30 a.m. to 10:30 a.m. This went on for a total of seven weeks, from October 7th to November 18th. The class a part of a Pre-kindergarten classroom, referred to as â€Å"the nursery,† where there are twelve total children that are between theShow MoreRelatedGraduation Speech : Students Cultural Diversity1713 Words   |  7 PagesIntroduce better. When I originally set out to start this project, I started out wanting to explore how books could be used to address diversity in the cl assroom in terms of the students’ cultural backgrounds. After spending time in my classroom, I came to the realization that investigating this question would be a challenge, due to the fact that I was only able to observe a handful of situations where students interacted with books, much less books that included aspects of culture. In my classroomRead MoreThe Red Black by Stendhal1656 Words   |  7 PagesIntroduction I was taken aback as I read the lead story of The Red Black, the University of Georgia’s student run newspaper. It was a story about hate speech that had been posted on the Facebook pages of two University groups. â€Å"Why can’t you dumb dirty n****s stop stinking up the place? Let UGA be RIGHT for good WHITE Christian students.† This had been posted onto The Black Affairs Council Facebook page. â€Å"Burn in hell f****s† was posted on the Lesbian, Gay, Bisexual and Transgender Resource Center’sRead MoreImmigration And Refugees Should Be Allowed For Enter United States Essay978 Words   |  4 PagesShould Be Allowed To Enter United States Organization pattern: problem - solution. General purpose : The general purpose of my speech is to actuate my audience to support immigration. Specific purpose: The specific purpose of my speech is to motivate my audience to be in favor of immigration and refugees entering in the states. Primary Audience Outcomes : After my speech I want my audience to understand the problem faced by refugees and immigrants and the reason behind their leaving of their ownRead MorePersonal Statement For Tisch School Of The Arts708 Words   |  3 Pagesupheaval and growing opposition to singing, dancing and acting. Therefore, when I finally obtained a visa, I moved to the U.S. to follow my passion for acting and theater and to make it my lifetime career. Upon my arrival in the U.S., I faced a cultural shock. Although I grew up speaking English, I discovered that American English, colloquial expressions, idioms and literature were all different than what I grew up with. I wanted to apply for the MFA program at Tisch, but felt that I needed to learnRead MoreThe Human Rights Of A Kangaroo Than A Police Car Essay980 Words   |  4 Pagesexpanding world: an utter lack of diversity. For proper prospective, the 90’s show Friends was worlds more diverse than Slavens. Such is a crucial reasoning behind my initial views on human rights. As far as I could tell, not only was the entire world Caucasian, human rights were guaranteed, their ability to be harmed was never in the realm of possibility. High school changed all that. For the first time in my life, I was a minority, and consequently my cultural and global view shifted dramaticallyRead MoreLife Without Passion And Enthusiasm Scares Me809 Words   |  4 PagesThe only way to do great work is to do what you love. If you haven t found it yet, keep looking. Don t settle. warned Steve Jobs, in his Stanford commencement speech in 2005. I hear these words echo in my ears from time to time. The thought of living a life without passion and enthusiasm scares me. We all have had to do things that didn t interest us at times, but I look at each day as a new opportunity to get closer to my ultimate goal. As a kid, I enjoyed being the performer, the artistRead MoreThe Goal Through Acts Of Domestic Terrorism1291 Words   |  6 PagesMaureen, who immigrated from Montreal, Quebec in 1995 moved to the United States for personal, political, and economic reasons. She was in pursuit of a better life for herself and her family and wanted to escape the growing linguistic and cultural intolerance of Quebec society. The late 1960’s and early 1970’s in Canada was a time of political upheaval, especially in Quebec, with the rise of the separatist/ liberation movement. The Front de Liberation du Quebec (FLQ) gained popularity by expressingRead MorePresentation Of Communications With Internal And External Audiences1320 Words   |  6 Pagesfollowed by special presentation of the Dayton Public Schools summer graduates. The graduation ceremonies took about 20 minutes in which the board and the families celebrated the students achievements in friendly and loving atmosphere. After the swearing-in of the Student Senate member, Tamara Dorsey, the board members and audiences briefly welcomed her. The Dayton Education Council, Les Weller, gave inspiring speech and introduced a quick overview of the board meetings schedule, activities and eventsRead More The Individuals with Disability Education Act Policy Essay example1602 Words   |  7 Pagesmost often annually as they go from grade to g rade. IDEA recognizes autism, deaf-blindness, deafness, emotional disturbance, hearing impairment, other health impairment (i.e., attention deficit hyperactivity disorder), specific learning disability, speech or language impairment, traumatic brain injury and visual impairment. An evaluation for services under IDEA consists of procedures to determine whether a child has a disability. Encyclopedia of Educational Psychology (2008) In early 1960’s stateRead MoreDistrict Diversity Plan For The Bolivar D 1 School District2161 Words   |  9 Pages District Strategic Diversity Plan Brian Thompson Arkansas State University ELAD 7073: Summer 2015 Dr. Neal District Profile The Bolivar R-1 School District is located in Bolivar, Missouri, which is the county seat of Polk County and has an estimated population of 10,572 people as of 2014. The racial makeup of the Bolivar community, as of 2010, was 94.8% White, 1.5% African American, 0.5% Native American, 0.6% Asian, 2.5% Hispanic and 0.7% other races. The Bolivar community is

Live a Dream to Face Reality in Raisin in the Sun Essay

Living a dream is only a way out of facing reality. Both Raisin in the sun and I have a dream speech relate more than just the words written on the page, But a deeper connection laying further than the eyes can see. Both are remarkable works of literature. They are similar because both works bring up the topic of racial injustice, the american dream and equality.They no longer want to be the words nobody cared to listen to, or simply the dried out raisin in the sun. My first point, In the I have a Dream Speech that doctor Martin Luther King Jr. presented he brought up the topic of racial injustice. â€Å" One hundred years later, the life of the negro is still sadly crippled by the manacles of segregation(King,1). The younger†¦show more content†¦Just like walter did. Both of them were very ambitious and that is why they can relate so much. They both want to be able to walk down the street and not turn everyone’s head, Be able to say what’s on their mind with out being judged. The meaning of the American dream is far more than the words itself. That is why the novel Raisin in and the sun and the i have dream relate, The characters want to strive for better just like mlkj, and live the American dream. Last but not least, Both literary works bring up the subject of equality. Although, the raisin in the sun brings it up a little more indirectly. For example, George Murchinson, A rich black man who referred to Walter has prometheus. â€Å" And the only people in the world who are more snobbish than rich white people are rich colored people†(1.1.264). Walter did not understand what made him more different than George other than money. Just like Martin Doctor Luther King jr. wanted to know what made the negroes different other than the color of ones skin.† When will we be satisfied?† The question mlkj asked. Probably a question that can never be answered because there can always be better. In conclusion, Both Raisin in the sun and i have a dream speech touch the readers heart. Bringing up the topics of racial injustice, american dream, and equality really gets someone to see things how they really are. Lorraine Hansberry and Doctor Martin Luther King Jr. proved the point onShow MoreRelatedHarlem Renaissance Poets: Langston Hughes, Claude McKay, and Countee Cullen1065 Words   |  5 Pagesamong African Americans In the poems Harlem by Langston Hughes, America by Claude McKay, and Incident by Countee Cullen all use frustration and hope as reoccurring themes to help empower the African-American population and realize the injustices they face day to day. The Harlem Renaissance was a period marked by great change and forever altered the conscious of the entire country. When one thinks of a renaissance, they think of Europe during the fourteenth century. A renaissance is defined as â€Å"periodRead MoreA Of The Sun Is A Play Written By Lorriane Hansberry882 Words   |  4 PagesA Raisin in the Sun is a play written by Lorriane Hansberry. The play was highly influenced by events that happen during her childhood. Lorriane family moved into a white neighborhood and was threated countless of times to move out. It was so serious that they family had to go to the Supreme Court so they could overturn the decision and allow the Hansberry to live in a white neighborhood, this case made it that no white residents could push Africans Americans out of their neighborhoods. What isRead MoreThe Myth of the American Dream1269 Words   |  5 Pagesï » ¿THE MYTH OF THE AMERICAN DREAM A Raisin in the Sun is a play written by Lorraine Hansberry in the period following the Second World War. It is divided into three acts and explores the circumstances of the Younger family, a colored family living in the ghettos of southern Chicago. In particular, the play deals with the efforts of Walter Lee, the scion of the family to bring his family out of poverty and into riches by entering into a business venture. The play highlights the psychological and societalRead MoreDreams Come in All Shapes and Sizes1706 Words   |  7 PagesDreams or goals? To me they are both the same thing. In life in order to reach our goals we have to be willing to consistently go after them. There are company goals, personal goals, career goals, family goals or health goals, they all must be pursued with passion and purpose. The challenges of life can sometimes try to choke out our goals (dreams) and many people lose track of what it is they really want. I personally refuse to stand by and watch t his happen. So I think that dreams role is thatRead MoreAnalysis Of Of Mice And Men 1687 Words   |  7 Pagesâ€Å"all of our dreams can come true, if we have the courage to pursue them.† The concept of dreams and aspirations are what connects the two seemingly different Of Mice and Men and A Raisin in the Sun. Of Mice and Men, written by John Steinbeck, portrays a story of two poor farm hands living in California, one of which is handicap. This pair, despite all efforts, fail to accomplish this dream, showing a very anti-american dream aspect of this novel. On the other hand, A Raisin in the Sun, written byRead More Issues Addressed in A Raisin in The Sun Essay1369 Words   |  6 PagesBlack and White In the words of Jim Cocola and Ross Douthat, Hansberry wrote the play A Raisin in the Sun to mimic how she grew up in the 1930s. Her purpose was to tell how life was for a black family living during the pre-civil rights era when segregation was still legal (spark notes). Hansberry introduces us to the Youngers’, a black family living in Chicago’s Southside during the 1950s pre-civil rights movement. The Younger family consists of Mama, who is the head of the household, WalterRead More Walter Lees Dreams in A Raisin in The Sun Essay1408 Words   |  6 PagesLorraine Hansberrys A Raisin in the Sun is a play about segregation, triumph, and coping with personal tragedy. Set in Southside Chicago, A Raisin in the Sun focuses on the individual dreams of the Younger family and their personal achievement. The Youngers are an African American family besieged by poverty, personal desires, and the ultimate struggle against the hateful ugliness of racism. Lena Younger, Mama, is th e protagonist of the story and the eldest Younger. She dreams of many freedoms, freedomRead MoreEssay on Dreams Deferred in Lorraine Hansberrys A Raisin in the Sun915 Words   |  4 Pages  Ã‚  Ã‚  Ã‚  Ã‚  Lorraine Hansberry, the author of A Raisin in the Sun, supports the theme of her play from a montage of, A Dream Deferred, by Langston Hughes. Hughes asks, â€Å"What happens to a dream deferred?† He suggests many alternatives to answering the question. That it might â€Å"dry up like a raisin in the sun,† or â€Å"fester like a sore.† Yet the play maybe more closely related to Hughes final question of the poem, â€Å"Or does it explode?† The play is full of bombs that are explosions of emotion set off by the frustrationRead MoreA Raisin In The Minds, And Innocent Is Irrelevant1015 Words   |  5 Pagesworkers land their dream job. However, the only thing standing in the way from pursuing that desireable dream is the government who defines the colo r of your skin. Unfortunately, people of all skin colors get denied the right to pursue a happiness that they desired base on their skin color rather than their personalities. The Declaration of Independence tells us that the we should be able to have the right to pursue happiness including chasing a dream that was once an aspiration. In reality, American governmentRead MoreThe Authors Experiences of Opression in Loraine Hansberry’s â€Å"A Raisin in The Sun† and Milcha Sanchez-Scott’s â€Å"The Cuban Swimmer† 891 Words   |  4 PagesLoraine Hansberry’s â€Å"A Raisin in The Sun† and Milcha Sanchez-Scott’s â€Å"The Cuban Swimmer† both capture the authors’ past experiences of oppression, and convey their struggles with identity. Both authors are from minority cultures, and both describe the same harsh pressures from the dominant culture. Both author’s share situations of being outcasts, coming from different rac ial backgrounds and trying to triumph over these obstacles. A Raisin in the Sun and The Cuban Swimmer both share common themes

The Art Of Torture Essay Example For Students

The Art Of Torture Essay Going by the title of this paper you are probably asking yourself How inGods name can torture be seen as an art, were these people mentally ill?well it was, but I talk about that later, let me tell you a little about thehistory of torture. Torture has been around since the times of Ancient Greeceand is still around today, usually in the Mafia. Other than the mob, tortureisnt very common in our society. Punishments arent near as harsh as theyused to be back in medieval times. The only punishments we have now are jails,the punishments there were in medieval times were numerous and downright inhuman. Torture would keep criminal from doing something wrong again, assuming he livedthrough the torture. The punishments we have today are laughable and dumb. Big deal, you are thrown in prison for a few years, you dont suffer one bit,but to the inmates, being thrown on a chain gang is so terrible. Being givenhundreds of paper cuts and being rolled in salt, now thats terrible and Imsure the convict will never break the law again. Places like Singapore stilloperate like this. It happened to that one teen who decided to spraypaint somecars. He thought he could get away with it and he almost did, but he shortlyfound out that he had a little pay-back coming to him. The kid was caned, andhe hasnt done anything dumb since. Torture like this works, torture is a waythat can really make you have second thoughts before you do anything stupid. Torture was practiced in numerous ancient civilizations. Convicts and warprisoners were put to death by using torture to give them a slow, humiliatingdeath. To some American Indian tribes, it is a custom to torment and burn prisoners. Crucifixion was a popular torture technique in ancient Rome. Rome also usedtorture to get slaves, criminals, just about anybody, to get them to talk aboutsecretive information. You see in these ancient Roman times, people were giveninformation and were told that they should never tell this information to noone, well the Romans found out about this and this caused a major uprise inthe use of torture. In 12th century Europe torture became very widespreadlike it had just did in Rome. Before Europe began using torture, they reliedon a more common judicial type of settlements for crimes, by the 13th centuryconfessions and eyewitness testimonies came about and were used to determineif a person were guilty or innocent. But guess what was used to get these confessionsfrom convicts, torture was used, torture was used a lot, but it could onlybe used if there was a numerous amount of evidence against the defendent. Fromthe 14th to 18th centuries in Europe, torture was a very common thing of th elegal process of a majority of the European countries and even the Roman Catholicchurch. The Roman Catholic church used torture as a way of punishingheretics at the order of inquisitors. The Inquisition played a big part inthe world of torture. The inquisition was a church founded in medieval timesthat was setup to find and prosecute heretics. The punishments for being aheretic were extreme punishments, stuff you would cringe at thinking about,such as the vise. You might have seen this device on the movie Casino. Thevictims head would be put in the vise and then the executioner would beginto tighten a little screw at the top of the vice, causing the victims headto start to compress. This technique was used a lot for getting people to confess. Violence In Entertainment And Its Effect On Society EssayAfter the device was in place, a screw at the top of the Pear could be turned,causing the Pear to open up. The needle torture was very, very painful. Hugeneedles were pierced through certain parts of your body and left there. Theexecutioner would leave after this. The unknowing victim might try to removethe needles which was very, very dumb. You see, in the needle torture, everysingle time you moved muscle tissue began to rip, even if you moved just aninch or two. The thumbscrew was a very popular technique that used for gettingpeople to talk. The victims thumbs were placed on the device and tightenedlike a vise. The victims thumbs would be crushed until he or she would saywhat they were hiding. The bamboo torture is like was done to torture POWsin Vietnam. Bamboo reeds are shoved under your finger nails, after a whileyou get used to the throbbing pain, until you figure out that the bamboo startsto grow. You see, bamboo can u se body fluids to grow, imagine a bamboo reedgrowing all the way to your wrist then being yanked out. The Painful cuts tortureis a very crude one like the bamboo torture. The executioner would give thevictim paper cuts all over his or her body, then the executioner would pickupthe victim and roll him or her in salt. The shock of pain sometimes killedsome of the victims. Now to execution, the torture to the death, a slow death. The Ordeal of Three is one of the most gruesome and least known of all tortures. The victim is cut open, then a Gila monster, a live Gila monster is sewn insidethe victim. The carcass of a dead buffalo is opened up and the victim is placedinside, sewn in, and left to die. The Hook is another gruesome torture in whichthe victim is impaled on a hook and hung for everyone to see. The Spanish Horseis one the nastiest ways to die. A spiked pole pushed into the anus of thevictim and then standed up. The victim dies of being impaled by his or herown body weight. The Columbian Necktie is what this torture technique is callednow. The Columbian Necktie is when the victim throat is slit open and the tongueof the victim is pulled through the opening. This is one of the few torturesstill used today, this technique is usually used by mobs. To concludethis paper on the history, art, and tools of medieval torture, all I can sayis that the Middle Ages were a time were crime was not tolerated. Punishmentswere sever and done to keep a criminal from ever breaking the law again. Thisuse of severe punishments worked unlike the legal system of today where criminalsare living a better life in prison than most of the poor are living. Prisonersjust go back to what they were doing after they are released from prison, andthey usually end up back in prison. Not too many criminals in the Middle Ageswere dumb enough to go out and break the law after being tortured, there wasno prison were they could spend years in, torture was a fast and effectiveway of showing a criminal to never ever break the law again. Torture, oneof the few legal systems that worked. B I B L I O G R A P H YThe Gullotineand the Terror, Arasse, Daniel.1987 Penguin Press. The Executioners Homepage,http://www.luh.K12.ca.us/%7Ebg659808/torture.htmland ID Software at http://www.idsoftware.com,for the cool picture.

Tuesday, May 5, 2020

Corporations and Associations Cases and Materials System

Question: Discuss about the Corporations and Associations Cases and Materials System. Answer: Introduction: In order to decide the issue that is present in this case, it has to be considered if the minority shareholders of Waldmart can have an impact on the way in which the affairs of the company are managed by its management. Similarly, it also needs to be considered if the board of the company is required to keep in mind, the interests of the shareholders of the company as a whole and not only the majority shareholders. Is it important for the directors of the company to take care of the statutory duties that have been imposed on the directors or if it can be said that there has been a breach of these duties, and at the same time, the directors have been involved in conduct that can be termed as oppressive. Section 254 A of the Corporations Act provides for the power of the company to issue bonus, partly-paid, preference and redeemable preference shares. The issue in this cases is if the shareholders of Waldmart Ltd , including Better Super Ltd that has 4% shares in Waldmart Ltd can compel the board of the company not to issue the shares. It has been seen in such cases that the minority shareholders of do not have much power to influence the management of the company. As a result, sometimes the interests of the minority shareholders are ignored by the management of the company. However there are several ways provided by the law in which a minority shareholder can protect its interests. For example, the minority shareholders can bring an unfair prejudice claim. Or they can pursue a derivative action or the minority shareholders may seek a winding up petition. Under Section 232, Corporations Act, 2001, far-reaching remedies have been provided to the oppressed shareholders who are in minority. In view of these remedies, it is important that the directors of the company should use their powers and manage the affairs of the company keepin g in view the interest of all the shareholders. It is also natural that the majority may expect or require that the company should be managed to their advantage, even if doing so provides to be detrimental for the other shareholders of the company. Similarly, it is also true that generally the minority shareholders have very little or no ability at all to influence the way in which the affairs of the company are being conducted. However, despite this position, it is necessary that the directors of the company should act fairly between all the shareholders of the company.[3] Similarly, the directors are required to make sure that the decisions taken by them are capable of promoting the interests of the company as a whole and the shareholders generally and not only the majority shareholders of the corporation. On the other hand, the directors who fail to fulfill this responsibility is the risk of being held liable for the breach of statutory duties (Section 181 Corporations Act), thes e directors can also be involved in oppressive conduct. In such a case, extensive remedies may be available that can have considerable impact on the corporations and its shareholders. In this context, minority oppression can be described as the term that is used for describing the conduct falling within the purview of section 232, Corporations Act, 2001. In this section, it has been mentioned that wide-ranging powers have been granted to the courts to the shareholders in case it has been established that the affairs of the company (together with any real or proposed resolution, act/omission) is either:- against the interests of the shareholders as a whole or such conduct is unfairly prejudicial to, oppressive to, or unfairly discriminating against a shareholder, whether in such capacity or some other capacity.[6] Hence, section 232 is aimed at the conduct due to which the minority shareholders of the corporation may suffer some commercial unfairness. It needs to be mentioned in this context that section 232 has been drafted widely. Consequently, no definite limits are being placed on what can be considered as offending conduct. In the same way, the offending condu ct can be the conduct of the corporation or the conduct of its directors or the shareholders. While dealing with such an issue, the courts will evaluate the conduct by applying an objective test.[7] This test is based on the fact, if the conduct can be considered as unfair by any reasonable commercial bystander. At the same time, it also needs to be mentioned that it is not enough if the shareholder has been discriminated against or prejudiced. Therefore it is also required that there should be an element of unfairness that extends beyond a mere disadvantage.[8] Similarly, although a wide range of circumstances are present where it can be said that the conduct mentioned in section 232 is present, but it may be difficult to prove, particularly when the decision has been made by the directors for a legitimate commercial purpose.[9] Therefore, even if the board of Waldmart enjoys the power to issue bonus shares, and even if the minority shareholders of the company cannot legally compel the board during the upcoming AGM not to issue the shares, the shareholders can use other remedies provided by the Corporation's Act, 2001. Can the shareholders stop the directors from increasing and paying the proposed dividend because it is commercially unwise to do so? The issue in this question is if the shareholders of Waldmart can prevent the directors of the company from increasing and paying the proposed dividend, because they believed that doing so will be commercially unwise. In this regard, the Corporations Act provides that a wide range of remedies are available to the minority shareholders if they have to face oppressive conduct at the hands of the majority. In practice, generally oppressive conduct takes place when the minority shareholders have to face unfairness/prejudice due to power abuse by the majority or regarding control of corporation. Hence, the actions taken in bad faith can be called oppressive.[10] At the same time, a conduct can be treated as oppressive, even if the conduct was lawful and undertaken in good faith, if you do such conduct, the minority shareholders have to face a disadvantage or a burden that is beyond what can be treated as commercially reasonable and fair. Hence, such a conduct may take place even if all th e members of the company have been equally treated, for instance, in case of raising capital, where all the members have been invited.[11] Some of the instances of the conduct that can be treated as unfairly prejudicial, oppressive or unfairly discriminatory include:- Issuing shares mainly with a view to dilute the voting rights of the minority; The non-payment of dividends to the shareholders or making excessive payments to the directors when such decisions cannot be justified objectively, keeping in view the circumstances of the company; Applying the funds of the company to provide a benefit to the interests of some of the shareholders, but not to the shareholders of the company as a whole; Persistent refusal to call the meeting of the company in order to prevent the participation of the minority shareholders; and excluding a director from representing a shareholder from the management of the corporation In most of the cases involving minority oppression, in which the parties reach the court, occurs in unlisted private companies as compared to the public companies. The reason behind this position can be that the dissatisfied shareholders coming from a listed company always have the option to sell their shares.[12] On the other hand, in case of the minority shareholders coming from a private company, generally there is no market or there is an illiquid market for such shareholders, except probably the oppressing majority shareholders.[13] It has also been seen that generally the minority oppression takes place in closely held quasi-partnership companies after there is a breakdown of the relationship existing between the directors and the shareholders.[14] Generally, the oppression takes place when one shareholder/director is frozen out of managing the corporation and/or the company conducts a capital raising or a share buyback which dilutes the equity of the minority. Similarly, the minority shareholders may fail to get any dividend or may not be able to sell their shares and their capital is blogging the company forever by the company is being managed for providing benefit to others. In such a case, the only option accessible to the minority members is to involve in legal action for extracting their capital.[15] It can be oppressive conduct even if the directors have fulfilled their statutory duties. Though, generally along with oppressive conduct, a breach of directors duties also takes place.[16] Particularly, there is a breach of the duties that have been imposed by sections 181 to 183, Corporations Act. Section 181 provides for the duty of the directors to act in the best interests of the corporation and also to refrain from exercising their powers for achieving an advantage for themselves or for some other person. In this regard, section 183 provides for the duty according to which the directors should not misuse the information. Such a misuse of the duty takes place when the directors have misuse such information for achieving an advantage for themselves or for some other person. In view of the statutory duty of the directors to use their powers in good faith, it is important that the directors should act in the best interests of the corporation as a whole, keeping in view the best int erests of all the shareholders of the company as a general body. However in practice, the shareholders may have different or competing interests. As a result, it may become difficult for the directors to satisfy everyone through their actions. While several decisions made by the board do not have much impact on the individual shareholders, there are certain actions, like raising capital or share buyback, that have a direct impact on the interests of the individual shareholders. If shareholders vote against the remuneration report and a second strike is achieved, what will be the consequence of Waldmart Ltd and its director? The Corporations Amendment (Improving Accountability on Director and Executive Remuneration) Act 2011 was implemented on 1 July, 2011. These included the changes that are made to the two strikes rule concerning the non-binding advisory report on adopting the remuneration report and limits placed on the capacity of key management (directors and sr. executives) to vote on the remuneration report and other resolutions related with such report. According to the amendment made to the Corporations Act, if 25% votes cast at an AGM of the company have opposed the acceptance of the remuneration report and observations were made by the shareholders and the AGM concerning such report, then in the next year, the board is required to mention in the annual report regarding any planned responses to such observations or to clarify why any response was not proposed.[17] Similarly, if 25% votes have been cast as two consecutive AGMs, then during the second AGM, the company is required to provide an op tion to the shareholders (more than 50% of the votes are cast in favor of a spill) requires that the entire board of the company, except the MD. In any of the directors appointed after the remuneration report was approved, should seek re-election at the next AGM of the company.[18] The law requires that such a meeting to take place within 90 days. In this way, the two strikes rule has been designed for holding the directors responsible for executive salaries and bonuses. As a result, the entire board of the company may have to face re-election if the shareholders of the company do not agree with how much is being paid to the executives of the company. On these grounds, if more than 50% of the shareholders of Waldmart has cast their vote against the remuneration report and a second site has been achieved, the law provides that the entire board of Waldmart Pty Ltd will have to seek re-election. Conclusion: in this assignment, it was found that the directors of Waldmart can be considered to be involved in oppressive conduct and as a result, the statutory remedies that are available to the minority shareholders can also be sought by the Better Super Ltd. and other minority shareholders. In the same way, the shareholders can prevent the directors of the company from paying the proposed dividend if such a conduct can be termed as oppressive. The law provides that if the shareholders of the company have voted against the remuneration report of the company and a second strike has been achieved, the directors of Waldmart will have to seek re-election. Bibliography Austin R.P. Ramsay, I., Ford's Principles of Corporations Law, Butterworths, Australia, 16th edition, 2014 Baxt, R., and Fletcher, K.L., Fridman, S., Corporations and Associations Cases and Materials on, Butterworths, Australia, 10th edition, 2008 Cassidy J., Corporations Law Text and Essential Cases. 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