Tuesday, December 24, 2019

The Biggest Crisis We Face Today Human Overpopulation

The Biggest Crisis We Face Today: Human Overpopulation There are many causes for overpopulation than just increasing numbers of people. Modern technology, improved medicine, more opportunities to get out of poverty, low fatality rates, immigration, and the lack of family planning (Rinkesh); all lead to overpopulation. Earth is home to 7.2 billion people. A research of 2015 (infoplease) shows that most of the world s population lies with the two largest countries in Asia: China and India. As of the last study of the world s population, China has 1.3 billion residents, while India has 1.2 billion. The population has grown since 1950 because of the demands it has to fit a productive and fast-growing country. Even Though America s population growth is one percent a year, we happen to use twenty-five percent of the world s greenhouse gasses and twenty-five percent of the world s energy. 114 billion Americans consume energy for 1.2 billion Africans! Because of the Bubonic Plague in the 1400 s, twenty-five million people were the victims of the deadly disease. Back then the population was only in the millions (500 to be exact). Twenty-five of five hundred million is five percent, meaning that five percent of the world s population was lost. Even Though, five percent does not seem as such a drastic change on the world, the Bubonic Plague occurred in Europe and parts of Asia. The Bubonic Plague was caused by fleas and rats, fleas that feasted on rats blood, or just simplyShow MoreRelatedThe Problem Of Space Research1329 Words   |  6 Pages The government must continue to fund space research in order to colonize and contain the current overpopulation as well as other global issues on Earth. Space research involves scientific studies launched with specific equipment to outer space, and provides a broad category of research disciplines such as: Earth science, Materials science, Biology, Medicine etc. Many complain of how costly space research is, with missions that have a total cost of up to 1.6 billion dollars, many feel that it’s notRead MoreThe Problem Of Prison Population1536 Words   |  7 Pagescutting down on the amount incarcerations. Since the 1980’s, the prison population has quadrupled and today one in every one hundred adults are in prison (Mandatory Minimums (HBO)). Infact, America leads the world in prisoners with 20% of the earth’s prison population (The Prison Crisis). In a study done by The American Prospect, charts and graphs provide information about the overpopulation crisis. The data from the charts show that while the crime rate has decreased, the rate of incarceration hasRead MoreProblems Faced By Overpopulation And The Human Race Essay1375 Words   |  6 Pages Overpopulation, it is one of the biggest problems our society faces today, it has the potential to cause devastating effects to the earth and the human race. In 1978 Thomas Robert Malthus published a paper on population growth, it set a foundation for many arguments that are still being discussed to this day. The problems outlined by Malthus are still a major problem, along with an abundance of other overpopulation problems. To most of these problems there is a short-term solution, while good inRead MoreThe Environmental Issue of Overpopulation1762 Words   |  8 PagesThe Environmental Issue of Overpopulation Jakira West June 10, 2012 The Environmental Issue of Overpopulation As time passes and our world’s population continues to grow, overpopulation is becoming a very serious issue deserving of the upmost acknowledgement and consideration. Throughout history crowding of the earth and the overuse of the world’s natural resources has hardly been a main concern. Today however, with a population of 7 billion people and counting, the diminishment of theRead MoreOver Population in the Philippines2405 Words   |  10 PagesOverpopulation in the Philippines 1. Introduction 1.1 Purpose of the study: to discuss and cite ways on how to prevent overpopulation in the Philippines. 1.2 Significance of the study: to make people realize how alarming is overpopulation. 2. Meaning of Overpopulation 3. Overpopulation facts 3.1 Causes of Overpopulation 3.2 Effects of Overpopulation 3.3 Solutions to Overpopulation 4. Manila: A megacity where the living must share with the dead ( Jenny Kleeman’s Article ) 5. Conclusion Read MoreA Market Based And An Institutional Approach Essay1274 Words   |  6 Pageswill do just that. Out of the four paths outlined by Clapp and Dauvergne, I believe that Bioenviromentalism is the most realistic and effective way to create change while being conscious of human instinct and our role as species on Earth. However, I see a lot of value in the market-liberal method as long as we are careful in its execution and aware of its potential flaws. Institutionalism sees our current environmental stress as being due to â€Å"weak institutions and inadequate global cooperation toRead MoreBusiness Ethics Study Poerty in America1612 Words   |  7 Pages1930’s, where a time where four million Americans had fallen into poverty. Then in 2008 the economy experienced a serious economic meltdown crisis and recession, at this time 44 million adults now live below the poverty line officially defined as an income below $10,830 for a single adult or less than $22,050 for a family of four (Shaw, 2013 p.132). The economy today in my opinion, where poverty is still a huge impact due to the cost of living going up but the income is not changing and it appears peopleRead MoreWhat Are the Causes of Poverty in Philippine Economy?4902 Words   |  20 Pagessimple problem because now days we are facing mass poverty. For all the magnificent testimonies to man’s superior skill and intellect in producing today’s level of cultur al development, he still has to find the solution to mass poverty. Whether the government would admit it or not, it is very clear even with our bare eyes that we our suffering a lot from poverty .But what is poverty anyway? Let first define poverty so we can have a clear understanding with what are we going to discuss. From a WebsterRead MoreWhat Are the Causes of Poverty in Philippine Economy?4887 Words   |  20 Pagessimple problem because now days we are facing mass poverty. For all the magnificent testimonies to man’s superior skill and intellect in producing today’s level of cultural development, he still has to find the solution to mass poverty. Whether the government would admit it or not, it is very clear even with our bare eyes that we our suffering a lot from poverty .But what is poverty anyway? Let first define poverty so we can have a clear understanding with what are we going to discuss. From a WebsterRead MoreImpact of Science on Society38427 Words    |  154 Pagescommunication, the way we work, our housing, clothes, and food, our methods of transportation, and, indeed, even the length and quality of life itself, science has generated changes in the moral values and basic philosophies of mankind. Beginning with the plow, science has changed how we live and what we believe. By making life easier, science has given man the chance to pursue societal concerns such as ethics, aesthetics, education, and justice; to create cultures; and to improve human conditions. But

Sunday, December 15, 2019

Film Comparative Analysis Free Essays

Film Comparative Analysis â€Å"The general response following the screening was a distinct realization that nobody is above the law, and that the stereotypes associated with the â€Å"cono† nearly left Larranaga guilty as mistakenly charged. † (Syjuco, 2012) There is no justice, when innocent men are in jail; this is the main idea that the two films have in common. With this, let us ask ourselves, â€Å"Is there really something wrong with the Philippine and Texas justice system? Are we to admit that it is a corrupt system that we have? These two films will leave our eyes wide opened to the truth or if not, to the flaws and corruptions in the justice system, not only of our own country, but also that of the others. We will write a custom essay sample on Film Comparative Analysis or any similar topic only for you Order Now I. Background Give Up Tomorrow The documentary film is about a Filipino-Spanish student named Paco Larranaga, who was sentenced to death in 2004 for the double murder and rape of Chiong sisters (Marijoy and Jacqueline) in 1997. This is the story of what we now know as the Chiong Murder Case, a cebu scandal of the century. Two Chiong sisters go missing on July 16, 1997. Larranaga was one, along with six other suspects who was pinpointed by the state witness, David Rusia. David Rusia is a convicted felon and was sentenced to prison twice in the United States for other crimes. As claimed by Rusia, he was with Larranaga in Ayala Center, Cebu early in the evening of July 16, that evening Larranaga says that he was at RR Restaurant in Quezon City with his friends; such fact was proven by photographs and the testimonies of his friends. The defense presented thirty-five witnesses, including Larranaga’s teachers and classmates at the Center for Culinary Arts (CCA) in Quezon City, who all testified under oath that Larranaga was in Quezon City, when the crime is said to have taken place in Cebu. The trial court considered these testimonies irrelevant, rejecting these as coming from â€Å"friends of the accused,† and were not admitted. The following are also evidences presented by the defense during trial — a)Larranaga, at that time was at a party at the RR Restaurant along Katipunan Avenue, Quezon City, and stayed there until early morning the following day. )After the party, the logbook of the security guard at Larranaga’s condominium indicates that Larranaga returned to his Quezon City condominium at 2:45 a. m. c)Rowena Bautista, an instructor and chef at the culinary center, said Larranaga was in school from 8 a. m. to 11:30 a. m. and saw him again at about 6:30 p. m on July 16. d)The sch ool’s registrar, Caroline Calleja, said she proctored a two-hour exam where Larranaga was present from 1:30 p. m. Larranaga attended his second round of midterm exams on July 17 commencing at 8 a. m. Only then did Larranaga leave for Cebu in the late afternoon of July 17, 1997. )Airline and airport personnel also came to court with their flight records, indicating that Larranaga did not take any flight on July 16, 1997, nor was he on board any chartered aircraft that landed in or departed from Cebu during the relevant dates, except the 5 p. m. PAL flight on July 17, 1997 from Manila to Cebu The aforementioned evidences did not prevent the conviction of Larranaga along with his six co-accused. The trial court judge, after rendering judgment against them, was found dead in a hotel in Cebu, and allegedly committed suicide. This unexpected event during the Chiong murder case was proven in the film to be part of the whole scheme of putting the blame on Larranaga, and concealing the truth of the facts with regard to the murder and rape of the Chion sisters. Larranaga, along with the other co-accused were sentenced to death, and appealed later on, but all of them were denied. Considering the Filipino-Spanish nationality of Larranaga, his family asked for help from the Spanish government. In September 2009, the Department of Justice approved Larranaga’s transfer to a Spanish prison. Thelma Chiong, the mother of the victims, expressed shock over the decision, saying that, despite Larranaga’s Spanish citizenship, â€Å"If you committed a crime in the Philippines, you are jailed in the Philippines,† despite the fact that this would constitute a breach of the treaty and thus of international law. Larranaga, escorted by two Spanish Interpol agents, left for Spain on October 6, 2009. His good behavior at the New Bilibid Prison was taken into consideration, and he will serve the rest of his sentence at the Madrid Central Penitentiary at Soto del Real. The Thin Blue Line The film is an investigation into the 1976 murder of Dallas police officer Robert Wood. Harris testified that Adams had shot and killed Wood after their car had been pulled over on their way home from a movie. Adams claimed to know nothing of the murder, insisting that Harris had dropped him at his home two hours before it occurred. Local authorities believed Harris, and witnesses corroborated his story, leading to Adams’ conviction and a death sentence, (which was later on changed). Randall Adams recalls the events in detail: after running out of gas, he had been picked up by Harris in a stolen car. The two had gone to a movie where they drank beer and smoked marijuana, and this was the extent of their relationship. David Harris, on the other hand, also recalls the events of the evening in detail, but creates a much different impression. Adam’s defense attorneys thought that Harris was the killer, pointing to his past criminal record and other crimes committed the night of the murder. The film presents a series of interviews about the investigation and reenactments of the shooting, based on the testimony and recollections of Adams, Harris, and various witnesses and detectives. Two attorneys who epresented Adams at the trial where he was convicted of capital murder also appear: they suggest that Adams was charged with the crime despite the better evidence against Harris because, as Harris was a juvenile, Adams alone of the two could be sentenced to death under Texas law. II. Similarities and Differences The two films both dealt on the fact that there is a corrupt justice s ystem. That even an innocent man can be put into jail all for the sake of concealing the truth. This idea is very obvious in the films presented, that even a man of little knowledge with the law will doubt the guilt of both, Larranaga and Adams. The idea brought up by the filmmakers of both was a frame up or cover up which lead to the conviction of innocent people. The very controlling authorities in both were the police officers, the judge, and other executive officers of the government and to add, the media, influencing the course of the trial and the impression of the masses on the suspects. In both, police authorities were overwhelmed with the idea of having someone to put the blame for the murder of the victims. They were like heroes of the public for having solved the case and found a suspect. In which, it is very obvious that it was politically motivated. As one of the differences between the case of Larranaga and Adams, is that of having exhausted all administrative remedies. Larranaga, after being convicted in the trial court, appealed to the Supreme Court, but was not able to attain a favourable judgment. After such, taking into consideration of the dual citizenship of Larranaga, they asked for the help of Spanish government so that the death penalty be withdrawn and let him be transferred in Spain where he will serve his sentence. This however paved the way for the abolishment of death penalty by former Pres. Gloria Arroyo and the approval of Larranaga’s transfer. The cases of Larranaga and Adams both involved rights which were violated. As declared under the Universal Declaration of Human Rights (UDHR), the following are those evidently violated in the course of the whole trial of the case, (a) Article 11, par. 1, (b) Article 9 and (c) Article 10. †¢Article 11, par. 1 Everyone charged with a penal offense has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense. In light of this article which pertains to the right of an accused to be presumed innocent, Larranaga was outrightly charged as a criminal in the minds of the people, especially those of the Cebuanos, even before a trial was held. Aggravating this situation was the participation of the media from the start up to the end of the case, tagged as the â€Å"trial of the decade†. The impressions that were made by the police authorities and the media, contributed to the image of Larranaga as guilty of the crime charged. His identity was corroborated as a rich bad boy/gangster from a prominent family, in which the people presumed that they will make use of their resources to pay for witnesses and manipulate the whole case and avoid prosecution. As to the case of Adams, he was made fit to the image of a cop-killer as compared to Harris. The prosecution relied on the testimony of Harris that it was Adams who killed Wood, even before the start of the case, they knew already who to convict. The fact that Harris was a juvenile that time, made it more likely for Adams to commit the crime thus moving away from the presumption of his innocence. Article 9 No one shall be subjected to arbitrary arrest, detention or exile. The course of Larranaga’s arrest came swift and unexpected and appeared to him as kidnapping. The people who arrested him were all in civilian clothes, though they looked like policemen. They did not identify themselves when they arrested Larranaga, until they were asked by Larranagaâ €™s sister. They unlawfully arrested Larranaga due to absence of warrant of arrest, in defense, they said that he committed a continuing crime. As to Adams’ case, he was taken into the custody of the police few days after the commission of the crime. He was forced to sign a document containing an admission that he was the one who murdered Wood. The policeman even threatened him with a pistol if he will not sign it. There is no sufficient cause for his guilt. †¢Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. The right to a fair and speedy trial was not accorded to Larranaga, first, the media had participated a lot in drawing the image of Larranaga as the criminal. The judge also showed his impartiality which was really unexplainable. After having refused to accept the testimonies of witnesses of Larranaga, preventing him to take the witness stand and rendered a judgment of double life imprisonment, the judge was found in a hotel dead. Through the series of events that had transpired, the fairness and impartiality of the trial cannot be said to be present. As in the case of Adams, it cannot be said to have been a fair trial for him because the prosecution presented fake witnesses, in which the conviction was based. There is a biased judgment and inconsideration on the merits of the case. Adams was not able to defend himself, such conviction of him was predicated on the failure of his defense lawyer to clearly establish his innocence albeit all the frame-ups that had transpired. References: http://www. centerforsocialmedia. org/sites/default/files/documents/pages/interview_transciption_giveuptomorrow. pdf http://en. wikipedia. org/wiki/The_Thin_Blue_Line_(film) How to cite Film Comparative Analysis, Essay examples

Saturday, December 7, 2019

Business and Corporations Law Legal Acceptance - Capacity

Question: Discuss about the Business and Corporations Law for Legal Acceptance, Capacity. Answer: Introduction: The critical issue that arises in this case is associated with the presence of the consideration. There are certain essential pre-requisites in the contract law, which are needed to satisfy in order to enact a valid agreement. These components are legal offer, valid consideration, legal acceptance, capacity of the parties, and intention of the parties to enact the agreement (Andrews, 2011). Jane was having a car with the market price of $ 25,000. Since, she was going to some other foreign territory, hence, she offered her car to Jack. The issue arises here, as she had not mentioned any consideration amount in the exchange of the car. According to the common law, any agreement between the parties can be liable for legally enforceable agreement, only, in the presence of the lawful consideration. If any promise is made without consideration, then such promise are termed as gratuitous promise (Edlin, 2007). Under contract law, no enforceable agreement can enact, if it is based on the gra tuitous promise (Latimer, 2005). In this case, Jane promised to give her car to Jack with no consideration. Jack agreed to take the car and accepted the offer. Here, no consideration is present between the parties and both the parties were knowingly made the agreement with the willingness and sound mind, irrespective of the actual market value of the car which was $ 25,000. Therefore, the nature of the promise by Jane becomes gratuitous promise and no valid agreement is formed. Hence, the offer made by Jane cannot be legally enforceable by Jack and no legal action can be taken against Jane in case she decides to not give the car to Jack. As described earlier, a legal valid agreement needs a set of elements i.e. lawful offer, lawful acceptance, valid consideration and legal intention of the offeror and offeree to enter into agreement. An agreement can be made on the basis of the legal offer and acceptance but an agreement would be termed as legal enforceable agreement only if the valid consideration is present. In this regards, consideration works as a benefit between the parties, also any past consideration cannot be considered a reliable consideration (Re McArdle, 1951). It can be expressed in terms of a numeric value (McKendrick, 2003). Here, Jane had promised to sell her car to Jack in $25,000. This specified value of the car indicates the presence of the consideration. This value of the consideration is equal to the real cost of the car. However, Jack accepted the offer and hence, confirmed the consideration value of $ 25,000 by accepting the offer to buy the car from Jane. Hence, it can be obtained from the above factors that a valid consideration is made between Jane and Jack. Valid offer and acceptance both are present in this case and also the valid consideration value of $ 25,000 clearly specified by Jane. Moreover, Jack agreed to pay this consideration amount to Jane. As per the contract law, the concept of the consideration is linked with the negotiation of the agreement. It is believed that in case of the formation of an agreement, there is a swap of promises (White v Bluett (1853)) between parties. It can be said that each party should be termed as a promisor as well as promisee and also receives some value under the agreement at certain point of time (Lindgren, 2011). Therefore, in this specific case, all the necessary conditions are satisfied and also the presence of the valid consideration value supports the enactment of the enforceable agreement between the promisor Jane and promisee Jack. Adequacy of the consideration is not the imperative requisite for the formation of a valid agreement. Under common law, court has clearly stated that adequacy is not required in the agreement. It is instead based on the willingness of the parties to decide the consideration value for the promise (Paterson, Robertson Duke, 2015). Therefore, the only essential factor is the presence of the valid consideration as per the law. Adequate value of the consideration is not compulsory. The consideration can be anything starting from a more or less price to any object, but it must be a legal value or object. This norm can be described with the help of a leading case in this regard i.e. Chappell v Nestle (1960) case, in which the consideration value was the chocolate wrapper to enact an enforceable agreement (Taylor Taylor, 2015). The only key parameter in this regards is if both the parties give voluntary consent to enter into the contractual phase with some different value of the consideration, irrespective of the real worth then also there will not be any question regarding the satisfaction of parties in the court, unless any unconscionable activity is suspected (Latimer, 2005). In this case also, Jane wanted to sell her car to Jack with a price of $ 2,500, with the sound mind and willingness, while she knew that the cost of the car in the market is around $ 25,000. Jane was clearly offered a valid consideration amount of $ 2,500 which is not adequate when compared to the real value of the car. However, Jack had unconditionally accepted the offer and ready to purchase the car in $ 2,500. Hence, according to the adequacy of the consideration factor of the contract law, both Jane and Jack are entering into the enforceable agreement with the consideration amount of $ 2,500. In this case, the contract is formed on the basis of the adequacy of the consideration. This is because the amount made for the car by Jane shows the presence of some consideration which is sufficient for Jane as she only made the offer with the amount. Hence, in this case also a lawful valid agreement is enforceable for Jack. Issue The situation here needs advice with regards to the possibility of success is a buyer claiming the extra payment ($ 3 million) that the seller had obtained through threat. There are a host of factors that are required for the enactment of an enforceable legal contract. At the core of any contract, lies a voluntary acceptance which arises due to mutual consent from both the sides entering the contractual relation. The importance of consent as a key factor is not limited before the contract execution but continues to be of significance even after contract since many times, circumstances demand that some amendments be made (Harvey, 2009). Typically in this process, both parties should have enough consideration so as to enact the change. However, in absence of consideration for a given party, alteration may become difficult and cumbersome as the other party may not agree to the change. It is noteworthy that any alterations which are enacted unilaterally does not hold the test of legal principles and fails to be enforceable in nature (Gibson Fraser, 2014). At times, one of the parties may make an unreasonable demand which lies outside the contract terms and use threat to obtain forced consent from the other party. This situation in legal parlance is known as duress and may arise due to either economic power or physical power. Such contracts are devoid of voluntary agreement and thus can be made void if the party that is forced demands so at a later date (Taylor Taylor, 2015). It is a common sight that the threatened party cites duress as a defence so as to recover the losses or value equivalent of the illegal favour that may be extended to the other party. However, one significant aspect to prove in this case is the fact that the threatened party complied with the unreasonable demand only under the influence of threat or else the same would not have been obeyed (Latimer, 2005). In cases where incidence of duress is established, the contracts are not legally enforceable provided the party subject to threat wants so. It is noteworthy that the threat which is covered within duress may be of physical or economic nature. The concept of economic duress has been a late entrant with the pioneer case in this regard being Occidental Worldwide Investment Corporation v Skibs (The Sibeon The Sibotre)[1976] 1 Lloyds Rep 293 case. For establishing a case for economic duress, a plaintiff needs to establish certain aspects mentioned below (Lindgren, 2011). The defendant acts in bad faith and uses superior economic position for threatening the plaintiff. As the plaintiff is subject to economic force, it is left with no choice but to give in and concur with the demands made. As a result of forced concurrence with the demands, there is a legally binding relation between parties whereby the plaintiff cannot back out at a later stage. The use of economic duress brings about financial distress for the plaintiff. While assuring that the above aspects of duress are present is significant, but it is noteworthy that even in cases where economic duress is evident, the plaintiff must apply for relief ina timely manner. In this matter, the court has opined that if the plaintiff does not take legal recourse before the passage of reasonable time, then it indicates that the plaintiff has accepted the demand and hence the contract stands discharged. This is evident from the verdict of the court in the North Ocean Shipping v Hyundai Construction (The Atlantic Baron)[1979] QB 705 case (Gibson Fraser, 2014). The reasoning extended for the decision was that the party subject to economic duress has been given the right for redemption of damages or losses but the same does not extend till indefinite time and must be exhibited in a prompt manner. The excess payment made in the given case could not be claimed by the buyer as the court ruled that eight months was more than reasonable time and the claimant is a ssumed to have given voluntary acceptance to the unreasonable demand (Andrews, 2011). Application The facts highlighted in the case describe a situation where a contract has been enacted for building of a tanker. While the building work is going on, there is devaluation in the currency of USA and the contract executed had no mechanism to deal with it. Since the shipbuilder or seller is adversely impacted by this change, hence it demands an extra payment of $ 3 million which the buyer does not want to make as there is no obligation on the basis of contract, However, due to threats from seller, the buyer agreed to make the payment as it did not want any delays in delivery. Nine months have elapsed since the tanker delivery and now the buyer wants to claim the payment of $ 3 million made earlier. There is no denying the presence of duress of economic nature. It is evident that initially the buyer was reluctant about the $ 3 million payment. When the seller threatened to leave the contract unfinished, then only did the buyer make the payment as apparently it was cornered and had no real options as timely delivery was paramount. Hence, in reference to the above legal principles, the buyer did have the right to claim the payment of $ 3 million but the right was available only for a reasonable time. Keeping in mind the judgement given in a similar case i.e. North Ocean Shipping v Hyundai Construction (The Atlantic Baron)[1979], it may be inferred that in this case also the judgement would go against the claimant as the silence of the claimant for nine months amounted to approval of the contract and the excess payment. Conclusion Hence, the excess payment of $ 3million is not recoverable by the buyer as a result of delay beyond reasonable time. References Andrews, N 2011, Contract Law, 3rd eds., Cambridge University Press, Cambridge Edlin, D 2007, Common law theory, 4th eds., Cambridge University Press,Cambridge Gibson, A Fraser, D 2014, Business Law, 8th eds., Pearson Publications, Sydney Harvey, C. 2009, Foundations of Australian law. 3rd eds., Tilde University Press, Prahran, Victoria Latimer, P 2005. Australian business law, 24th eds., CCH Australia Ltd. Sydney Lindgren, KE 2011, Vermeesch and Lindgren's Business Law of Australia, 12th eds., LexisNexis Publications, Sydney McKendrick, E 2003, Contract Law, 5th eds., Palgrave, Basingstoke Paterson, J, Robertson, A Duke, A 2015, Principles of Contract Law, 5th eds., Thomson Reuters, Sydney Taylor, R Taylor, D 2015, Contract Law, 5th eds., Oxford University Press, London