Fiduciary duties - Free Essay Example

Sample details Pages: 10 Words: 2961 Downloads: 4 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Duty Essay Did you like this example? Question One Fiduciaries have important obligations and duties some of which have been stretched to encompass areas which have not traditionally formed part of the duties. This assignment will explore some of these duties and discuss whether or not they have been stretched to there limit. It will be concluded that fiduciary duties are particularly onerous but that there are necessarily so. Don’t waste time! Our writers will create an original "Fiduciary duties" essay for you Create order The same conclusion will be made in relation to situations involving a breach of trust. Only a brief consideration will be given to both the obligations and duties of the trustee as well as what will happen in the event of a breach of trust, as this area is vast. It is first important to consider the distributive duties of the trustee as these are perhaps the most important and most off cited duties. In relation to distributive duties these can be divided into the powers of maintenance and advancement. The statutory powers of maintenance and advancement apply only in so far as a contrary intention is not expressed in the trust instrument[1]. In the case of IRC v Bernstein[2] the settler had directed that the income on his trusts should be accumulated during his lifetime and this was held to be evidence of an intention to exclude the statutory power to make an advancement of capital moneys. The court found that the settler had clearly intended that capital should not be distributed until his death. The direction to accumulate would, of course, be evidence of an intention to exclude the power of maintenance also. Prior to the enactment of the Trustee Act 1925 the settlorà ¢Ã¢â€š ¬Ã¢â€ž ¢s intention in relation to distributive duties was of utmost importance. These commonly allowed the trustees to apply the income for he à ¢Ã¢â€š ¬Ã…“maintenance or benefità ¢Ã¢â€š ¬Ã‚  of the infant, and as such, they gave the trustees a considerable discretion to pay money for the advantage of the infant, even if this also benefited the infants parents. Now, s31(1) of the Trustee Act 1925 contains an extensive power of maintenance that is available to trustees of qualifying trusts, unless an express or implied contrary intention appears. In Re Ransome[3] a similar direction to accumulate income was held to amount to an intention to exclude the trusteesà ¢Ã¢â€š ¬Ã¢â€ž ¢ duty to pay income on accumulations under s31(1)(ii). This was in spite of the fact that the direct ion to accumulate was held to be void for perpetuity. The beneficiary in this case got the worst of both worlds. They did not receive the accumulations which the settler had intended should be made for their benefit, but neither did they receive the income released when the direction to accumulate was declared void. Re Ransome looks like a case where the settlorà ¢Ã¢â€š ¬Ã¢â€ž ¢s presumed à ¢Ã¢â€š ¬Ã…“contrary intentionà ¢Ã¢â€š ¬Ã‚  under s 69 (2)[4]. Specifically s 31(1) provides that, where a person has a vested or a contingent interest in a trust, then, during that personà ¢Ã¢â€š ¬Ã¢â€ž ¢s infancy, the trustees may pay to his parent or guardian (if any), or otherwise apply the income, for his à ¢Ã¢â€š ¬Ã…“maintenance education or benefità ¢Ã¢â€š ¬Ã‚ . Necessarily, what amounts to the maintenance, education or benefit of the infant will be a matter of construction in each case, and s31(1)(i) (b) makes it clear that the power may be exercised even if à ¢Ã¢â€š ¬Ã…“ any person is bound by lawà ¢Ã¢â€š ¬Ã‚  to provide or the infant. Unfortunately, however, this matter is not as simple as this, and the statutory power is subject to some important and confusing restrictions[5]. In relation to the power of advancement the situation is lot less complex. The power to give a beneficiary part of the capital sum to which he or she may be entitled under the trust, but in advance of the time the capital sum actually becomes payable (if at all). The idea is simply that the trustees may wish to pay over part of the capital to a beneficiary who is entitled in the future or only entitled if certain events occur. As stated in Pilkington v IRC[6] use of the power will accelerate a beneficiaryà ¢Ã¢â€š ¬Ã¢â€ž ¢s entitlement to capital, even if that entitlement is not certain, providing that to do so would be for the benefit or maintenance of that person. As with the statutory power of maintenance, the power ca be excluded by contrary intention[7] and no paym ent may be made which prejudices the rights of a person with a prior interest unless that person is of full age and consents in writing[8]. It is perhaps the most fundamental duty of a trustee that he should manage the trust in accordance with the terms of the trust. Any deviation from this obligation or from the obligations of trusteeship imposed by the general law will constitute a breach of trust for which the trustee will be liable personally. Necessarily, this liability can arise in many different situations, but it may be triggered by either a positive act of commission or a failure to act when action was required. Examples of the former include the distribution of the trust property to the wrong people or at the wrong time, investment of trust funds contrary to a restriction in the trust instrument and , of course, the use of the trust property for personal gain. Examples of the latter include a failure to distribute the trust property, failure to exercise discretion, fail ure to have the trust funds transferred to those persons employed to act on behalf of the trust. Any act or omission which violates the high standard of stewardship required of trustees or which is in contravention of the terms of the trust, or which amounts to inadequate performance of the powers and duties of a trustee, is a breach of trust. This fiduciary duty is strict and it is enough that the trustee has committed the act or omission which amounts to a breach of trust. It is irrelevant for liability whether the trustee knew he was committing a breach of trust and did so for his own benefit, was reckless as to the possibility of a breach occurring, was negligent of the same or was entirely innocent and honest. Thus, it remains a breach of trust for even if he believed he was acting in conformity with the terms of the trust[9] and did so in the belief that his action was in the best interest of the beneficiaries[10]. Indeed although the entirely innocent trustee can ask the c ourt to relieve him from the full consequences of liability, it is clear that the obligations of trusteeship are far reaching and powerful and even the most judicious and careful of trustees may not escape an action for breach of trust. The only possible exception to the strict nature of the liability for breach of trust is where the breach was entirely technical, was undertaken for the benefit of the beneficiaries and was such that the court would have authorised it had the trustee sought its permission in advance[11]. It is therefore concluded that this area of law is particularly difficult and strict and that it has been expanded a great deal. However it is argued that this is necessary in order to encompass the increasing incidences of such duties and the increasing variety of situations in which a trust is created. In order, much like any area of law, to reflect the true position and address beneficiaries interests the law must be stretched to its limits in order to encompas s the needs of such beneficiaries. So whilst the statement can said to be true, it by no means suggests that is a negative situation. Beneficiaries in all circumstances should have their interests protected. Question 2 The first issue that arises is the flat that is to go to Natasha. Davina will technically become the legal owner of the estate of the deceased, although he is obliged to exercise the rights of ownership in accordance with the wishes of the deceased. Davina therefore holds the property that was lost. The essential duty imposed upon a trustee is to distribute the trust property according to the wishes of the settlor or testator and in conformity with the terms of the trust, and this cannot be delegated to an agent or professional advisor[12]. This question also raises issues in relation to the law of secret trusts. In essence, secret trusts are those trusts which operate in relation to testamentary disposition but where either the very fact and details of the t rust are not declared in the testatorà ¢Ã¢â€š ¬Ã¢â€ž ¢s will (fully secret trusts) or where, although the facts of the trust is declared in the will, the identity of the beneficiaries is not (half secret trusts).[13] This is a half secret trusts as the facts of the trust have been declared in the will but not the identity of the beneficiaries. Secret trusts are regarded as valid and enforceable despite the fact that they do not comply with the strict requirements of formality found in s9 of the Wills Act 1837. The terms of the legacy to the RSPCA are equivocal. In order for the will to impose a trust on the legatees, the words used must be sufficient to impose a trust obligation as a matter of law; there must be certainty of intention. In order to create a successful trust there must be certainty as to the nature and the extent of the trust property[14]. The validity of a trust will depend on à ¢Ã¢â€š ¬Ã…“first, that the words must be imperative, secondly, that the subject ma tter be certain and thirdly, that the object must be as certain as the subject[15].à ¢Ã¢â€š ¬Ã‚  Certainty of intention means that must make it clear by the words he uses that the holder or transferee of the property is under a mandatory legal obligation to carry out his wishes so far as the law allows. Borris has made it clear that Davina is the executrix of the will and therefore holding the trust property for the benefit of the beneficiaries. Certainty of subject matter is an equally vital element in the formation of a trust. This can be said to be the case here as both the trust property is clearly defined or definable and the interests of the beneficiaries are easily defined or definable. Certainty of objects is perhaps the most important certainty and this requires that the beneficiaries under the trust must either be named individually or be described by reference to a class description that is itself certain in scope. The beneficiaries are clearly defined here. Next we must deal with the money that is to go to the Littleton Branch of the League of Cruelty to Animals. Borris has instructed that the money should go to the à ¢Ã¢â€š ¬Ã…“such deserving members of the Littleton Branch of the League of against Cruelty to Animals and if this gift should fail the money should go to the RSPCA. As discussed certainty of objects is perhaps the most important certainty and this requires that the beneficiaries under the trust must either be named individually or be described by reference to a class description that is itself certain in scope. First it is necessary to determine the nature of the trust affecting this donation as this will help determine whether there is certainty of objects of the reversionary class. The money is to be divided to the à ¢Ã¢â€š ¬Ã…“members of the LCAà ¢Ã¢â€š ¬Ã‚ , and thus Borris has fixed a class. The trustees have discretion to apportion the trust property among the class à ¢Ã¢â€š ¬Ã…“as they see fit.à ¢Ã¢ ‚ ¬Ã‚  This part of Borrisà ¢Ã¢â€š ¬Ã¢â€ž ¢s will therefore discloses a discretionary trust for the class or a special power of appointment given to the trustees to appoint amoungst the class. Of course, the difference is crucial so far as the executors are concerned because, if this a discretionary trust, they are under a mandatory obligation to make a selection from among the class and distribute the property whereas, if this is a power, they may decide not to distribute and cannot be compelled to do so. Whether this disposition discloses a trust or a power is a matter of construction and the disctinction is not always easy to draw[16]. The test that must be applied is whether it is possible to say with certainty whether any given person is, r is not, a member of the class. Unfortunately, although this test is easy to state, it is difficult to apply because the leading case on its application gives three alternative approaches[17]. According to Stamp LJ, the test is satisfi ed only if it is possible to say in fact whether any given person is, or is not, a member of the class and this requires both the class to be defined with precision and there to be enough evidence available to make a positive or negative choice in respect of all of the potential applications. This is a strict test and it is therefore unlikely that on this basis this gift would succeed. It is likely that it would fail and therefore that the money would go to the RSPCA. The second approach is to that the test is satisfied if it is possible to say, in theory, whether any given person is, or is not, a member of the class, irrespective of whether there is enough evidence to make such a decision. The class must be conceptually precise. It is unlikely that Borrisà ¢Ã¢â€š ¬Ã¢â€ž ¢s will will satisfiy this requirement and therefore again on this approach the gift will fail and the money will go to the RSPCA. The final version of this test is that it is satisfied if it can be said that of a substantial number of person that they were inside the class, even if it could not be said of every potential person whether he or she was not. It is likely that this test could be satisfied in some respects in so far as they are all members of the LCA but it is not certain that those members who are à ¢Ã¢â€š ¬Ã…“worthyà ¢Ã¢â€š ¬Ã‚  of the award could be picked à ¢Ã¢â€š ¬Ã¢â‚¬Å" it is therefore envisaged again that his will fail. Certainty of objects must also be discussed in relation to the birthday party. The party is to be held for à ¢Ã¢â€š ¬Ã…“my friends.à ¢Ã¢â€š ¬Ã‚  Borris has instructed that the money should go to the à ¢Ã¢â€š ¬Ã…“friendsà ¢Ã¢â€š ¬Ã‚ . As discussed certainty of objects is perhaps the most important certainty and this requires that the beneficiaries under the trust must either be named individually or be described by reference to a class description that is itself certain in scope. The test that must be applied is whether it is possibl e to say with certainty whether any given person is, or is not, a member of the class. Unfortunately, although this test is easy to state, it is difficult to apply because the leading case on its application gives three alternative approaches[18]. According to Stamp LJ, the test is satisfied only if it is possible to say in fact whether any given person is, or is not, a member of the class and this requires both the class to be defined with precision and there to be enough evidence available to make a positive or negative choice in respect of all of the potential applications. This is a strict test and it is therefore unlikely that on this basis this gift would succeed. It is likely that that the gift will succeed as it is to a defined set of persons, those being Borisà ¢Ã¢â€š ¬Ã¢â€ž ¢s friends. Finally it would appear, as discussed above, that Davina and Natasha are trustees and therefore there death has important connotations for the administration of Borrisà ¢Ã¢â€š ¬Ã¢â€ž ¢s estate as they were holding all property on trust. General powers of appointment of new trustees can be found in the Trustee Act 1925 and the Trusts of Land and Appointment of Trustees Act 1996. Davina and Natasha however have now died. Trustees hold the trust property as joint tenants and so on any death of the trustee the property automatically vests in the remaining trustees. They should, of course, ensure that all the trust property is duly registered in the names of the remaining trustees; for example, any shares must be placed in the names of the surviving trustees. The office of trustee is also held jointly and will pass to the surviving trustees. On the death of the last surviving or sole trustee the trust property devolves on his personal representatives, who hold the property on the terms of the trusts. Section 18 (2) allows, but does not compel, the personal representatives to exercise all the powers of the dead trustee. Once a new trustee is appointed the powers of t he personal representatives end. Bibliography Legislation Settled Land Act 1925 Trustee Act 2000 Cases Harrison v Randall [1852] 9 HARE 397 IRC v Bernstein 1961] 1 Ch 399 Knight v Knight (1840) 3 Beav 171 Lee v Brown (1798) 4 Ves 362 McCormick v Grogan (1869) LR 4 HL 82 McPhail v Doulton [1973] Ch 9 Re Diplock [1948] 1 Ch 465 Re Vesteyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Settlement [1951] Ch 209 Pilkington v IRC [1964] AC 612 Wright v Atkyns (1823) Turn R 143 Books Birks P, (2002), à ¢Ã¢â€š ¬Ã…“Receipt in Breach of Trustà ¢Ã¢â€š ¬Ã‚ , Hart Publishing, Oxford Hayton D J, (2005) Hayton and Marshall: Commentary on the Law of Trusts and Equitable Obligationsà ¢Ã¢â€š ¬Ã‚  Ramjohn M, (2004) à ¢Ã¢â€š ¬Ã…“Cases and Materials on Trustsà ¢Ã¢â€š ¬Ã‚ , Third Edition, Cavendish Publishing Riddall J G, (2002), à ¢Ã¢â€š ¬Ã…“The Law of Trustsà ¢Ã¢â€š ¬Ã‚ , Sixth Edition, Butterworths, Lexis-Nexis Todd P Watt G (2003), à ¢Ã¢â€š ¬Ã…“ Cases and Materials on Equity and Trustsà ¢Ã¢â€š ¬Ã‚ , Fourth Edition, Oxford University Press Watt G, (2004), à ¢Ã¢â€š ¬Ã…“ Textbook on Trustsà ¢Ã¢â€š ¬Ã‚  , Oxford University Press 1 Footnotes [1] Trustee Act 1925 s69 (2) [2] [1961] 1 Ch 399 [3] [1957] 1 ALL ER 690 [4] Riddall J, (1979) à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ Re Ransome Revisited or à ¢Ã¢â€š ¬Ã…“First Good Newsà ¢Ã¢â€š ¬Ã‚ , 43 Conv 423 [5] Re Vesteyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Settlement [1951] Ch 209 [6] [1964] AC 612 [7] S69(2) Trustee Act 1925 [8] S32 (1)(c) Trustee Act 1925 [9] Re Diplock [1948] 1 Ch 465 [10] Harrison v Randall [1852] 9 HARE 397 [11] Lee v Brown (1798) 4 Ves 362 [12] Trustee Act 2000 section 11 (2) [13] McCormick v Grogan (1869) LR 4 HL 82 [14] Knight v Knight (1840) 3 Beav 171 [15] As per Lord Eldon in Wright v Atkyns (1823) Turn R 143 [16] McPhail v Doulton [1973] Ch 9 [17] McPhail v Doulton [1973] Ch 9 [18] McPhail v Doulton [1973] Ch 9

The Red Badge Of Courage - 1797 Words

Analysis of The Red Badge of Courage: Idealization of War Homer once said, Beware the toils of war ... the mesh of the huge dragnet sweeping up the world (War Quotes III). This quote, taken from Homer s famous work, the Iliad, demonstrates the idea that war can be seen in a skewed fashion. Realistic mindsets are the key for soldiers in understanding the truth about war. War is often idealized and viewed in an unrealistic light based on heroic stories and courageous stories of battle. The classic representation of war seems to have nothing to do with the actual battle field, but the ways war creates real men and heroes. Within The Red Badge of Courage, war must be some sort of play affair (Crane 7). It is clear that war and military life were viewed as a game that needed to be mastered, instead of a matter of life or death, and liberty or constraints. Society s perception of war and the standard they set causes those who enlist to feel like the only way to be a successful soldier is b y earning the title of hero and conquering war. In The Red Badge of Courage, Stephen Crane illustrates how people sometimes idealize war through the character of Henry Fleming, who struggles when the picture of war he imagines, opposes the reality of war he is experiencing while living during the Civil War. To begin, the setting of The Red Badge of Courage is extremely well-known and allows the reader to not become the idealizer that Henry is. Crane’s carefully crafted sourceShow MoreRelatedThe Red Badge Of Courage966 Words   |  4 PagesThe Red Badge of Courage is a war novel written to exemplify the experiences and emotions of a young soldier in the American Civil War. The novel details the qualities of maturity and manhood in a gripping tale of Private Henry Fleming of the Union Army. 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Light and Saint Luke Free Essays

The painting St. Luke by Master Theodoric was painted 1360-1364 and is paint and gold on panel. The size of the piece is 115 x 94 cm. We will write a custom essay sample on Light and Saint Luke or any similar topic only for you Order Now St. Luke is located in the Holy Cross Chapel, Karlstejn Castle, near Prague. One of the most intriguing parts of this painting is above Saint Luke’s right shoulder is a tan colored miniature ox. Although the ox is a symbol of Saint Luke, when I see this piece the miniature ox gives the impression to be an ominous figure in the painting. This may not be the focal point of this artwork however; this small part is the first object that I noticed. What makes this painting unique and is two parts of the painting spill over onto the golden frame. Perhaps the most noticeable part of this painting is Saint Luke’s piercing gaze. I believe this to be the focal point of the painting. His large gray eyes seem to looking to the right, not right at the viewer, his stare is slightly eerie. He is an older man; the signs of age can be seen on his forehead and the graying in his facial hair. Saint Luke’s beard is long, like you would expect of the time. It is very wavy and seems to curl in places. His head seems to be large which during the time this piece was painted was a common style toward the end of that century was. Saint Luke is wearing a vibrant blue robe like the types you would see in religious artworks. The detail in the color of his robe stands out. For instance, darker shades were used in parts of the folds of the material. The lighter parts are the outside, it gives the illusion that there may be a light facing the painting and the light is reflecting off his robe. Another important detail is in front of his heart is a cross painted in the lighter shade of blue of the robe. The placement of the cross is situated over his heart. Under the cross his hand is extend out of the robe. His hand has long boney fingers with blue veins on the top of his hand. It doesn’t give the impression of someone that is elderly because it lacks wrinkles, mostly appears as it is someone who is frail. In his left hand is a thick book that has a red cover and white sheets of paper. The book looks as though it may be a bible. The book is open to the middle of the book facing out; the pages of the book are blank. In the upper left corner of the painting is the miniature ox which is a symbol of Saint Luke. The ox seems to be breaking through the wall behind Saint Luke and resting on his right shoulder. Behind the ox is a brilliant blue sky with white clouds. The ox is a dark beige color, a very earthy tone. His right profile is the only part of his face that you can see; his eye is a deep red color. On top of his head are his horns which are a light brown at the base and gradually take a darker shade, they are black at the tips of his horns. At the base his hair is curly and the same shade as his body. On his back are odd shape wings that are multiple shades of light and dark pinks. The shape is wavy with the small feathers. They are not the normal shape of wings that you are customary of seeing. The background looks to be a wall that is painted gold in a geometric pattern. The pattern is very detailed, there appears to be flowers in the shapes. Behind Saint Luke’s head there appears to be a halo painted in the same bold gold color. The designs behind Saint Luke are the same design carried over to the frame giving the appearance of the painting being three dimensional. On the frame at the top where the miniature ox is coming through the wall behind Saint Luke, the blue sky is paint is overlapping on the frame. This also occurs on the right side of the frame, the top right corner of the open book is painted onto the frame also. At the bottom of the frame there is an oval cut out. Within the cut out there is another cutout possibly meant to hold some sort of object, it looks to be empty. The style in which this artwork was painted to me says good and evil. The miniature ox to me looks like a goat due to the size and I have never heard of a miniature ox. The red eye and the horns give the impression that he represents the devil. Saint Luke to me symbolizes holy and spiritual. I am uncertain the meaning and purpose of the open book with the blank pages. Religious works of art such as paintings, sculptures, and architectures can be interpreted many ways by many different people. How to cite Light and Saint Luke, Papers

Self Idenitity Essay Example For Students

Self Idenitity Essay Essay Option #5Self and IdentityThe better which a person develops an understanding of themselves and of the other people around them, the better able they will be able to develop intimate relationships. A person who has a negative model of self and has a negative model of others , otherwise known as Fearful, is going to shy away from attachment and be socially avoidant which obviously is going to affect the crisis of intimacy versus isolation. The example describes a person who is hesitant to make long term commitments and resists urges to display intimacy, but is capable of forming a dependency on him by the other in the relationship. A Preoccupied person has a negative self model and a positive model of others. They often tend to be overly dependent and ambivalent. The example suggests a person who might be shy and conservative but is capable of not displaying their awkward feelings to the other person. A Secure individual has a positive model of self and others. They are comforta ble with intimacy and autonomy and often do not have a difficult time in forming intimate relationships. The example describes this person as someone who is very capable of healthy relationships and good communication skills. It seems like a secure person has all the good qualities that any relationship requires. And finally, a Dismissing person has a positive model of self but a negative model of others. They are characterized by denying attachment and their counter dependency. All of the differences among the different models result from past experiences in the individuals life. How they were raised in terms of different parenting styles and methods of child raising affect an individuals internal working models of self and others. Attachment styles of Secure individuals are described as passionate and selfless. They have high levels of intimacy, passion and are very committed and able to be trusted. This reminds me of the perfect girlfriend. I dont see a lot of jealously and bizarre head games coming from a secure person. They are highly self confident and low on self consciousness with their partner. They tend not to fear being close to another person and yet are not likely to go out of their mind when things dont feel right. Avoidant people are known for their head games. They tend to be low in terms of intimacy, passion and commitment. This reminds me of a relationship my roomate has with his girlfriend. They are both madly in love with each other and yet all they do is fight over stupid little game they play with each other. Neither one of them are faithful to the other and they rarely speak encouragingly of their relationship. They are both very self conscious and yet still interdependent on each other fo r support. An Ambivalent person tends to be very possessive of other individuals in a relationship with them. They tend not to be very passionate and trustworthy in terms of commitment. As its described in the worksheet that they are high on pre occupation, dependence, and idealization. They are known to be self conscious and yet still willing to initiate intimate relationships. Differences in internal working models of self and others as well as differences in attachment styles can be accredited to various influences. For example secure individuals have memories of their parents being warm and affectionate while Ambivalent people tend to remember their father being unfair. Differences in attachment beliefs and attitudes such as the amount of self doubts and self worth one has and ones ability to understand others are obvious from secure to ambivalent. Secure people tend to feel that others are trustworthy and dependable while avoidant folks think that social situations are difficult to understand. And finally while avoidant people need to maintain distance in relationships, secure and ambivalent people desire intimate relationships but vary in degree of intimacy. These differences stem from the individuals perception of others and where he/she fits into reality. People act how they think they are suppose to, so their perception of reality is a major factor in determining how they act in , and while establishing intimate relationships. .u5698feb10067d2eaeb828c22e2ef5d6e , .u5698feb10067d2eaeb828c22e2ef5d6e .postImageUrl , .u5698feb10067d2eaeb828c22e2ef5d6e .centered-text-area { min-height: 80px; position: relative; } .u5698feb10067d2eaeb828c22e2ef5d6e , .u5698feb10067d2eaeb828c22e2ef5d6e:hover , .u5698feb10067d2eaeb828c22e2ef5d6e:visited , .u5698feb10067d2eaeb828c22e2ef5d6e:active { border:0!important; } .u5698feb10067d2eaeb828c22e2ef5d6e .clearfix:after { content: ""; display: table; clear: both; } .u5698feb10067d2eaeb828c22e2ef5d6e { 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; } .u5698feb10067d2eaeb828c22e2ef5d6e:active , .u5698feb10067d2eaeb828c22e2ef5d6e:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u5698feb10067d2eaeb828c22e2ef5d6e .centered-text-area { width: 100%; position: relative ; } .u5698feb10067d2eaeb828c22e2ef5d6e .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u5698feb10067d2eaeb828c22e2ef5d6e .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u5698feb10067d2eaeb828c22e2ef5d6e .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; } .u5698feb10067d2eaeb828c22e2ef5d6e:hover .ctaButton { background-color: #34495E!important; } .u5698feb10067d2eaeb828c22e2ef5d6e .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u5698feb10067d2eaeb828c22e2ef5d6e .u5698feb10067d2eaeb828c22e2ef5d6e-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u5698feb10067d2eaeb828c22e2ef5d6e:after { content: ""; display: block; clear: both; } READ: The Effects Of HIV Mutations On The Immune System EssayIdentity achievement comes from many years of exploring different roles and personalities. Like we discussed in class individuals can change their attitudes and personalities almost daily. As the person is trying new things he/she is also taking cues form society as to which role or personality they fit best. How and individual perceives these cues will determine how they choose which personality or role is right for them. As we move from secure people to ambivalent we can see varying levels of self consciousness and self worth. These two characteristics are primary in forming intimacy. A persons internal working model s are directly affecting that persons ability to perceive reality which is essentially the struggle for identity. So as the characteristics of self and others as well as attachment styles, are approaching security, strength, worth, and importance the better able that person is at creating, maintaining, and enjoying themselves and others.

Nucleic Acid Question and Answer Essay Sample free essay sample

A. DNA Extraction Virtual Lab [ 2 Markss ] Question 1 [ 1. 0 grade ] Isolate nucleated cells into eppendorf tubing ( right get downing measure ) . Add 500 ul 10 % SDS and 55 ul protease K ( 10 mg/ml stock ) . Incubate at 37?C with soft commixture or rocking. Add 1. 4 milliliter saturated NaCl solution ( about 6M ) . Spin eppendorf tubings at 10000 revolutions per minute in a extractor for 15 proceedingss. Shake the tubing smartly for 15 seconds to let protein to precipitate. Transfer the supernatant to another eppendorf tubing. go forthing behind the precipitated protein pellet Add precisely two volumes of 100 % isopropyl alcohol at room temperature. Spin eppendorf tubings at 2500 revolutions per minute in a extractor for 15 proceedingss. Invert the tubing several times until the DNA precipitate is seeable. Remove supernatant from tubing. go forthing behind the precipitated DNA pellet. Dissolve DNA pellet in little volume of TE ( Tris-EDTA ) buffer or H2O ( right stoping measure ) . Question 2 [ 1. 0 grade ] When TE buffer or H2O is added. the Deoxyribonucleic acid pellet is able to fade out. We will write a custom essay sample on Nucleic Acid Question and Answer Essay Sample or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page However. in the presence of ethyl alcohol. the Deoxyribonucleic acid will precipitate. This is because. unlike H2O. ethyl alcohol has a low insulator invariable as it is less polar. That means that Na+ and PO3- could interact with each other more easy and do the Deoxyribonucleic acid to go less hydrophilic and be precipitated alternatively. B. Gel Electrophoresis Virtual Lab [ 2 Markss ] Question 1 [ 1. 0 grade ] The pieces of Deoxyribonucleic acid have to travel through the gel. where there will be some opposition. Large DNA fragments will confront more trouble in making so as they can non steal through the holes easy. Higher concentration of the gel will do the hole size to diminish so the Deoxyribonucleic acid can non go through through it easy. It will be slowed down and travel an even shorter distance or non be able to go much at all. This could take to inaccurate or indecipherable consequences. Question 2 [ 1. 0 grade ] Dye is used so as to better observe and track the motion of the atoms during cataphoresis. This is because we can non see the DNA coloring material with bare oculus. The lading dye will assist weigh down the Deoxyribonucleic acid so it will drop the underside of the gel and non float. C. PCR Virtual Lab [ 2 Markss ] Question 1 [ 1. 0 grade ] Extracted Deoxyribonucleic acid: this is of import so that we can retroflex the Deoxyribonucleic acid more times. It is used as a t emplet. Primer 1: Primer attach to the sites on the DNA strands that will be amplified so that they can copy specific DNA sequences without aiming the incorrect site. So Primer 1 will attach to the first site ( the start ) . Primer 2: Primer 2 will attach to the 2nd site ( the terminal ) . Nucleotides: Forms the base that makes up the Deoxyribonucleic acid codification. DNA polymerase: Attaches the Deoxyribonucleic acid codification it reads to the fiting base to do multiple transcripts of the DNA. Question 2 [ 1. 0 grade ] EDTA acts as a chelating agent. It binds cations and prevents enzymes from adhering to the Deoxyribonucleic acid. With increased concentration of the EDTA. there may non be good reaction conditions for Deoxyribonucleic acid polymerases due to extra of cations. This means that the Deoxyribonucleic acid can sometimes non be identified decently. However. there will non be any other new DNA fragments added so no 1 will be wrongly convicted. Entire / Maximum Marks: / 6 Markss

10 Facts for an Article Review on Social Science and Crime Prevention

10 Facts for an Article Review on Social Science and Crime Prevention The increased crime rate in the western world has been a source of concern to governments, criminologists and socially aware citizens for decades. Using the United States as an example, the number of felonies and non-violent crimes has continued to spiral out of control and this has led to high incarceration numbers in the US. The process of rehabilitation using jail time has also been ineffective as a high number of individuals who have served time in prison end up being re-incarcerated for one violation or the other while on parole. Therefore, these failures have led to society looking for alternatives to first prevent crime before the issue of rehabilitation comes up. Social science has played a huge role in studying crime, incarcerations and its effects in order to develop prevention tactics that will prove useful in reducing incarceration rates in the long run. This article will provide some facts on social science and crime prevention which you can use for literature reviews if writing on the topic of today. Note that this is the first part of a series of articles covering the subject matter of crime prevention. Therefore, you should read up on the 20 social science essay topics on crime prevention if looking for essay ideas to write on. 10 facts on social science and crime prevention: Stable family structure reduces delinquency. A Pittsburgh study on teenage delinquency showed that lack of a stable family structure was more likely to create conditions that lead to delinquent behavior than peer pressure or hanging out with delinquent peers. The study which covered children from the ages of 7 to 25 years, concluded that poor parental supervision and low parental involvement in a child’s development were important factors to be curtailed in order to prevent child delinquency and crime. Risk focused prevention techniques are more successful than incarceration. The prevention of crime takes the participation of an entire society to be successful. Therefore, identifying the key risk factors that encourages offending and implementing prevention methods to counter these factors are the best techniques to prevent crime. This means noting issues that lead to impulsiveness and criminal behavior such as drug use, alcohol abuse, failures etc. and reducing each risk factor is a better crime prevention technique than incarceration. Parent education programs reduce abuse and crime rates. Parent education programs targeted at first time parent, poor and uneducated parents and single parents has had direct impact in reducing developmental problems in infancy. A study of the Nurse-Family Partnership program in New York which provided postnatal home visits to at risk mothers, showed that postnatal visits drastically reduced child physical abuse and neglect during a child’s developmental years. The study recorded approximately 4% of physical child abuse among mothers in the postnatal program against 19% of cases among women who weren’t a part of any postnatal program. Education plays an important role in crime prevention. The importance of educating children at a young age cannot be understated if preventing future crimes is to be reduced or eliminated. A sample study conducted by the Perry Project in 1980 had chosen 123 children born by at risk parents and provided the kids with preschool education and scheduled bi-weekly visits. The corresponding follow-ups in 1995 and 2005 showed that students in the sample group recorded high literacy rates, graduated high school and a high percentage then received college degrees and were employed when compared to others not in the group. Initiating civil laws prevents crime. Civil laws are guidelines relating to non-criminal activities. These laws focus on day to day human interaction, property management and society. A study conducted in Oakland, California showed that the integration of civil activities such as inspection of drug nuisance properties, use of no trespassing signs and initiating court proceedings against erring landlords. These laws drastically reduce the sale of drugs and other criminal activities in the sample area and were more successful than field interrogations, surveillance and arrests. Improved street lighting deters criminal activities. A social science experiment conducted on the level of crimes committed in lighted and dark areas showed that the dark enables crime. The 2009 study which was conducted on 13 streets at Stoke-on-Trent UK, showed that improved lighting reduced crime in notorious communities by approximately 21%. A cost-benefit analysis also went on to note that the financial savings and security from the reduced crime status far exceeded the amount spent to light up the area. Neighbourhood watches and civil groups prevent crimes. This local citizen surveillance practice is common to communities in the United States and studies have shown that they are highly effective. These studies show that the setting up of watches, vetting new tenant and creating an inclusive society for residents have drastically reduced crime rate by 16% when compared to previous crime statistics without a neighbourhood watch. Understanding and managing mental health problems prevent crimes. The understanding of roles mental health plays in human impulsiveness, empathy levels and ability to function in society is important to crime prevention. A social study in the United Kingdom which tracked the effectiveness of the Child and Adolescent Mental Health (CAMHS) group showed that tackling child neglect, abuse and mental health issues drastically reduces the possibility of an adolescent pursuing a life of crime. Tackling unemployment is an effective crime prevention tool. Statistics show that the level of unemployment and underemployment in a society is directly proportional to the level of crime going on it. Therefore, an increased GDP, employment opportunities and a reduced poverty rate drastically prevents crime. Data from the Bureau of Labour Statistics and the Federal Bureau of Investigation have shown that the more viable options individuals have the less likely they are to be involved in criminal activities. Intervention programs are more effective in preventing crime than incarceration. Intervention programs consist of using education, employment and healthcare to combat criminal activities in adolescent and adults. A study in 2009, which made use of intervention techniques, showed that they are far more effective and less financially costly than the use of incarceration as a deterrent. The success of this study led to the abandonment of plans to build new prison by the Washington state legislature in favor of funding intervention programs. Here we come to the end of the 10 interesting facts we have on social science and crime prevention. A follow-up to help you write accurate article reviews on crime prevention will also be provided for further reading. These articles will provide topics you can choose from and directions on how to write a perfect article review on social science and crime prevention. References: Grant, B. (2009). Social crime prevention in the developing world. Fennelly, J. (2004). Handbook of loss prevention and crime prevention 100,210. Sloboda, Z. (2010). Defining prevention science 23-34. Von Hirsch, A. (2000). Ethical and social perspectives on situational crime prevention. Wilson, J. Howell, C. (1993). A Comprehensive Strategy for Serious, Violent, and Chronic Juvenile Offenders. Washington, D.C.: Office of Juvenile Justice and Delinquency Prevention. Welsh, C., Christopher, J., David, L. (2010). When Early Crime Prevention goes to Scale: A New Look at the Evidence. Prevention Science, 11, 115-125. Sherman, L. (1998). Preventing Crime: What Works, What Doesn’t, What’s Promising. https://www.ncjrs.gov/pdffiles/171676.PDF

Potential Impact of Retail Sales and Personal Income Forecasts on Essay

Potential Impact of Retail Sales and Personal Income Forecasts on Tobacco Industry - Essay Example But regardless of the source, increases in the retail price of cigarettes causes a decrease in the quantity of cigarettes demanded, though the ratio is less than 1 to 1 when comparing the percentage price increase to the percentage of consumption decrease. This shows that there is resistance to forgoing consumption altogether, and that few if any substitute goods are available to the consumer. The correlation between income and spending can be summed up as follows: "In general, growth of retail sales follows the same path as the growth of personal income. However, this may not be the case during economic slowdown and expansion. In general, in the time of recession, retail sales tend to grow slower than personal income, while in the time of economic boom, retail sales tend to grow faster than personal income" (Kovalyova & Zakharova, 2003). This implies that consumer spending anticipates future economic conditions, and that so-called consumer confidence plays a bigger - or at least a leading - role in purchasing patterns than do actual changes in macroeconomic conditions.