The Land is Mine Essay -- Hebrew Scriptures

The writer recognizes and investigates six discrete land belief systems found in the Hebrew Scriptures that have affected its perusers. (prelude) In his book land alludes to not just as physical real factors where there is soil and shakes, and where plants are developing, and where people fabricate their urban areas. Land alludes to a social image with a scope of implications wherein we build its implications for ourselves.(p.1) An inconspicuous qualification among religious philosophy and belief system can be ; scriptural philosophy is the regulation and talk about God communicated inside a scriptural abstract unit that mirror the living confidence of a given network, and Biblical philosophy is a more extensive complex of pictures and thoughts that may utilize philosophical teachings, customs, or images to legitimize and advance the social, financial, and political interests of a gathering inside society.(p.10) The proof that the two of them are firmly interrelated can be found in the scriptural Prophets, for example, Jeremiah or Amos The creator has taken five fundamental classes of investigation for investigating the land philosophies. ; Dominant pictures of the land, Location of God ( what is God’s position comparative with the land?), Locus of intensity in the land (locus of intensity and intrigue), Charter defending qualification to the land (who is advocated in asserting and why?), Rights to/of the land (what rights do individuals have to the land?) (p.14) Land as the Source of Wealth: A Royal Ideology This legitimizes the king’s option to control and rule the realm and essentially â€Å"to this illustrious land philosophy are the ideas of the land as the wellspring of riches, the perfect right of the ruler to fitting that riches, and the privilege of the ruler as God’s agent to have territory over the entire earth as an empire.†(p.17) The creator ... ...tes regard the responsibility for land YHWH holds. YWH is a nearby landowner and the land is YHWH’s broadened sanctuary.(p.99) Land as Host Country: An Immigrant Ideology Abraham moved with his family unit to Canaan to settle down. Over the span of Abraham’s excursion to the land, he didn't need to face with antagonistic indigenous individuals; it is composed â€Å"They set out to go to the place that is known for Canaan, and they went to the place that is known for Canaan.† (Gen. 12:5) (p.118) Abraham shared the land through liberal awards, serene exchanges, or legitimate buy. Abraham discovered God at hallowed destinations. Abraham’s rights and obligations were not those of a ruler or vanquisher, yet include recognizing YHWH as the host divinity, instructing equity to the Abraham family unit, setting up serene relations with the people groups of the land, and managing the land itself.(p.132)

Comment and Compare the Boscastle and Pakistan Floods Essay

During the 2010 storm season (July and August), Pakistan encountered the most noticeably terrible floods recorded in its history. Substantial precipitation caused streak floods in the north and north-western districts of the nation. The ensuing run-off made a southward moving mass of water around the size of the United Kingdom. The rising waters voyaged downstream through Punjab and Sindh until they arrived at the Arabian Sea. A considerable lot of the primary tributaries taking care of into the Indus River were likewise overflowed, further immersing horticultural terrains. Altogether, nearly 20 million individuals were uprooted and 50,000 square km were lowered, while standing yields, foundation and land were harmed widely. The degree of the obliteration brought about by the 2010 floods is difficult to understand. The floods affected seventy-eight areas, bringing about the passings of more than 1900 individuals with at any rate another 2900 harmed. In the zones accepting rising wate rs 70% of the streets and scaffolds were cleared away. In excess of 10,000 schools and 500 medical clinics were crushed or harmed, as were about 1.6 million homes. In a generally brief timeframe, a huge number of Pakistanis who were at that point making some troublesome memories getting by before the floods got themselves destitute and uncertain of how to endure. The misfortunes were biggest for crops with direct harm to 2.1 million hectares of standing Kharif (crops that are planted in the stormy season) †fundamentally cotton, rice, sugarcane and vegetables; one million tons of food and seed stocks were lost alongside countless on-ranch water channels and wells. Domesticated animals were devastated during the glimmer floods in the bumpy zones of Khyber Pakhtunkhwa, while touching creatures and poultry were likewise lost in the fields territory. Taking all things together, roughly 200,000 domesticated animals (counting bovines, sheep, wild ox, goats and jackasses) were at first affirmed dead, with the absolute rising to some degree after some time. Of prompt concern was the expanded danger of episodes of infectious illnesses because of risky drinking water, poor sanitation and individual cleanliness, food insecurity,lack of asylum, stuffing and diminished access to human services. In late August 2010, more than 450,000 instances of looseness of the bowels and different infections were accounted for, and some 3.5 million kids were considered in danger of contracting water-borne ailments including the runs and cholera. Three streams †the Valency, Jordan and Paradise †meet on the little, visitor town of Boscastle on the Cornish coast. Most of the harm brought about by the blaze flood on sixteenth August 2004, 52 years after the disaster that was the Lynmouth flood, was owing to the Valency. Altogether, a contribution of 3 million tons of water was added to a minuscule seepage bowl, whose size was only 40 square kilometers. Consideration must be paid to the all out volume of downpour as well as the power with which it fell. 185mm showed up in only five hours, the larger part falling in the initial two hours. Under such conditions, penetration was practically unimaginable, with the pace of precipitation incredibly surpassing the invasion limit of any dirt sort. The dirts were at that point soaked from past precipitation before in the week, urging surface run-off to start even sooner. The three stream valleys are exceptionally steep and restricted; a more extensive floodplain would have assis ted with absorbing abundance water and to diminish vitality all the more viably through an expanded pressure driven range. The settlement of Boscastle was permitted to create on a limited flood plain on the west shoreline of England, where precipitation is regularly high. The precipitation of August 2004 hit even under the least favorable conditions season, when the settlement populace multiplied to 2,000 as sightseers showed up. A lot more elevated levels of engine vehicle harm were additionally experienced because of this impermanent populace increment. Likewise, shops were conveying more prominent degrees of stock than at different seasons. Albeit new flood resistances were set to be worked in October of that year, work had not yet begun. In general, great crisis administrations and Environment Agency reaction implied no lives were lost. Notwithstanding, because of the continually changing nature of the traveler populace, it set aside a long effort to obviously set up that there had been no fatalities. Most shops remained shut for the remainder of the period and the terrible exposure decreased vacatio ner numbers during the next years, bringing about a negative multiplier impact for the whole neighborhood network. Moreover, the impact spread past Boscastle †different settlements along the stream were seen to be in danger by visitors. Boscastle organizations could guarantee pay from their insurance agencies (claims for ‘disruption to trading’ in Boscastle added up to  £15m). Be that as it may, others organizations somewhere else in Cornwall proved unable, despite the fact that they also may have endured diminished exchange the next years. This turned into a reason for worry, with the travel industry representing 30% of Cornwall’s GDP and sightseers spending up to  £1 billion all through the province. Common courtesies, for example, Boscastle park were presently concealed with residue and finished vehicles. There were not kidding costs for a little network with an occasional work issue, because of its over-dependence on summer the travel industry. There was additionally vital loss of chronicled relics; The ‘Witch Museum’ †which was fifty years of age and got 50,000 guests every year †saw a portion of its one of a kind substance harmed. Foundation disturbance was anothe r serious issue; the two extensions in Boscastle were annihilated and segments of street cleared away. Phone, water, power and gas supplies were all quickly interfered. Individuals found the estimation of their homes forever decreased, presently that Boscastle was related with a genuine flood hazard. It has been proposed that qualities were split. In certain occurrences it took a half year before properties were adequately fixed for property holders to for all time return. This was one of the most exceedingly terrible issues that flood casualties confronted: they couldn't genuinely come back to their homes in any event, when the floodwaters retreated. Now and again, the notable character of the houses in Boscastle messed extra up. Six properties were pulverized inside and out; most others required somewhere in the range of  £15,000 and  £30,000 for fixes. Insurance agencies repaid a great many people anyway some home and vehicle proprietors didn't get pay in light of the fact that (a) they needed proper protection spread or (b) they found that they were not qualified for installment since guarantors viewed this bizarre occasion as a ‘Act o f God’. It is hard to look at these two floods, which both caused noteworthy harm, however the scale to which this happened shifted enormously; one happened in a little, lethargic Cornish town while the other tormented an entire nation. The numbers included likewise contrasted; there were fortunately no passings in the Boscastle flood (one inhabitant endured a coronary failure yet that was the degree of the setbacks), though there were more than 1500 individuals murdered in Pakistan with millions all the more left destitute and at risk for starvation and waterborne sicknesses. The expense of the tidy up for a little town like Boscastle was incredible enough; that for the as of now vigorously obligated, destitution stricken Pakistan was outlandishly high. The best similitude is the physical topography of the land which didn’t consider sufficient waste of the influenced zones. Pakistan is basically divided into halves with the western side of the nation all at any rate 300m above ocean level while the eastern half is low lying farmland/floodplains. This implied the abundance surface spillover brought about by the elevated levels of precipitation basically followed the angle of the land and overflowed the lower lying east. Boscastle is in a surprisingly more dreadful situation as it is sitting at the base of a valley so the water originated from the two sides, meeting at the town where the effectively swollen waterways at the same time burst their banks. Another comparability was the elevated levels of precipitation promptly preceeding the floods which implied that the ensuing precipitation couldn't penetrate the effectively soaked ground.

8,726,400 SOS And Thats A Wrap!

8,726,400 SOS And Thats A Wrap! It’s been four days since the beginning of sophomore year. That means a few different things in my already congested brain. One, things are about to get incredibly busy again (and after three months of relative relaxation and down activity, Im not entirely sure I’m ready for that). And two, summer is officially over. And with that, it is time to bid the 8,726,400 Seconds of Summer guest series adieu (not going to lie, it’s a bittersweet feeling). Approximately three months ago, I stepped out of a six hour safety training session. As I sat, wheeling my chair back and forth, my mind had ran thought marathons of all kind. It was in that auditorium-style hall that the idea for 8,726,400 SOS first sparked. Since then, seeing it coming into fruition has been an enlightening journey. The Journey of 8,726,400 SOS When I look back at the blogger I was at the beginning of freshman year and the blogger I was at the end, I notice a huge difference. While I had started off with the goal of piecing together my life at MIT into words, I had slowly become someone who wrote with reception in mind. Whenever I published a blog post, I would check it every single day. I would read the post over and over again until I convinced myself that I was content with it. I constantly monitored the comments. How many people were reading my posts? How were they responding to it? Was the post successful? I became slightly obsessed with the way my writing was being received, to the point where it began to interfere with the pieces I produced. To the point where I wasn’t every fully content with what I was writing. Since then, I’ve spent a lot of time trying to figure out what the key to satisfaction is. The answer I’ve found for myself has to do with intention. You can’t ever control how others respond and feel about the things you produce, but you can control the reason for production in the first place. So as long as I can identify an intention for myself and be a 100% sure of it, interpretation becomes secondary. That realization seeped into the early beginnings of 8,726, 400 SOS. I’ve always loved the blogs for being a personable platform. A platform that brought together people from all walks of life to peep into the constantly changing cosmos that is MIT. I knew early on that I wanted to be able to expand this platform beyond just my own stories to include the stories of the people that synergistically make this cosmos what it is. The intention behind 8,726,400 SOS naturally lined up with that. Summer is a time for MIT students to spend three months in whatever way life directs them to. Some students rejuvenate themselves at home, some struggle through the mediocre, some find themselves at dream internships and others discover something new in the unfamiliar. Regardless of where it is that they were and what it is that they were doing, their experiences are all equally unique and transformative. And that is enough reason to say that their experiences belonged on the blogs. Call it a lack of self-confidence, but I’ve always been the type of person who pitches my ideas out loud to others before pursuing it. So I naturally gave my 8,726,400 SOS spiel to anyone that listened. It came down to my parents, close friends and the bloggers. The idea of bringing together different stories was an attractive one, but my conversations with others underscored many aspects I had not considered. How do I make the opportunity of sharing on the blogs as open as possible to MIT students without it getting chaotic? How do I make sure that there is variety to the content that is submitted? Would the series gain momentum? As I often do when left with an unsolvable pset question, I sat down with a fresh new sheet of paper. I wrote down all the different aspects I needed to address. As I worked on tackling one point after another, I reached out to others for suggestions and guidance. In assembling it all together, I reached a plan for 8,726,400 SOS that wasn’t perfect but as good as it seemed to get. I was initially a little hesitant to use Google Forms as my means of collecting submissions. I really wanted to make sure that every submission would make it to the blogs. I wanted to be able to follow along every story until it was ready to be published. I very quickly associated Google Forms with chaos. I envisioned that I would get a huge collection of submissions, more than I could logically put on the blogs. But sometimes, you have to take a leap of faith on an option because, well, no better option clearly exists. And that’s what I did. I took a leap of faith on Google Forms telling myself that I would deal with the inflow of submissions as it came. I reasoned that the people submitting blog posts would self select themselves. So by nature, the platform for submission would be open, but controlled. When it came to tackling the question of content variation, the solution seemed so obvious coming out of my friend’s mouth: break the summer down chronologically in a series of themes and have students submit to that theme. And so I pieced together the a timeline of different summer themes for content control. The final iteration of the Google Form looked like this: Once the Google Form was ready to go, it was a matter of getting the opportunity out to as many MIT students as possible. There was really only one obvious way to go about that: dormspam! Essentially each MIT dorm has a mailing list of all of their students. So if I send out an email to all of the dorm mailing lists, I (in theory) should reach all of the MIT undergrads. I was a little hesitant with this at first. I had never dormspammed before, but have been on the receiving end a countless amount of times. I was worried the email would be disregarded or considered annoying. But I dormspammed anyways, because I trusted the students’ love and connection with the blogs. Since then, running 8,726,400 SOS has been incredibly enjoyable. From routinely checking for new submissions to reading all of the pieces to reaching out to the students that wrote them, it’s been refreshing. Writing for the blogs had become something that I subconsciously had taken for granted. And seeing all of the students genuine anxiety and excitement to write something for the blogs was humbling. Taking A Look Back In all of the stories that have been collected through 8,726,400 SOS something really beautiful is seen. We often have certain expectations of life. We expect certain things to happen at certain time frames. But what we see in the stories of these students is that summertime is different for everyone. And regardless of where life has taken them, it forces them to make sense of the world both within and beyond. And in sharing their reflections, thoughts, and experiences a point is made: that summertime (like life) has a steering wheel of its own. All we can do is roll down the windows and enjoy the ride: Self-Discovery Within An Internship A Summer With Tulip Interfaces, Inc Massachusetts To Michigan Killing TimeNot Really It’s Coming Home (By It, I Mean Me) A Smile Worth 1,550 Words When in South Africa Got Solar The Conscious Subconscious What Do Those ROTC Kids Do During The Summer…? Every Story is a Story That Ought To Be Shared As much as I wanted to get every single submission up individually on the blogs, it proved to be more difficult than I thought. But as I’ve said before, every story is a story worth sharing. Every submission is a submission that deserves to be on the blogs. That said, I’ve got a last few beautiful summer stories to share with you. I hope that you find in them the heart and soul that I do (posts embedded via Google PDF viewer, if it doesnt pop up you can also access the posts  here). I can’t thank all of the people that have helped with 8,726,400 SOS enough. From my parents who supported my initial light bulb moment to my friends who patiently helped me crank out the details to the bloggers that helped me bring it all to reality. To all of the students that took time this summer to put together the blog posts, you guys are absolutely amazing and the sole reason this guest post series came to be what it was. And lastly to the readers who have spent parts of their own summers reading these posts and reaching out with words of encouragement and constructive criticism. I am forever grateful. With that, 8,726,400 SOS says it’s goodbyes. At least for now. In the meantime, I’m always eager to receive feedback on the series. What worked? What didn’t? What was your favorite post? Any ideas for making the series better? What else would you like to see? As always, love a conversation in the comments below. Post Tagged #8726400 Seconds of Summer #See Ya Later

Women And The Spartan Women - 1730 Words

Throughout ancient human history, men and women held vastly different roles. Women were often given the duty of bearing and raising children, whereas men were expected to fight, provide an income, and protect the household. Women were seen as totally inferior to men and described by Euripedes as â€Å"a curse to mankind† and â€Å"a plague worse than fire or any viper.† However, this misogynistic view of women and designated role of inferiority was not apparent in every ancient civilization. The role of the female in ancient Greek history can best be explored and contrasted between two important civilizations: The Spartans and the Athenians. The Spartan women were incredibly advanced for their time, and the Athenian women were drastically far behind. Both the Spartan and Athenian women held roles at home and lived lives far removed from the men of their societies. However, their lives were much different. While the Spartan women were strong and educated, the Athenian women held a status almost equal to slavery. The Spartan women were far more advanced than Athenians in aspects of life including education, athleticism, and independence. In no other city-state did women enjoy the same freedom and status as Spartan women. As a military-driven society, the Spartans realized that â€Å"regardless of gender all Spartiates had an obligation to serve the militaristic end of Sparta.† With this focus in mind, women were allowed more freedom, rights, and independence. Spartan women wereShow MoreRelatedThe Athenian And Spartan Women894 Words   |  4 Pageswoman in Athens and Sparta but also comparing them to women today, along with Greece lifestyles between the men and women. Although, women back then had different task they had similar duties as women do today. With that being said the women had complex duties as well and not just the men. The roles between the Athenian and Spartan woman were different. After looking at multiple article and reports I’ve come to a conclusion that the Spartan women were treated better. A big reason for that would beRead MoreThe Life Of Spartan Women2027 Words   |  9 PagesThe lives of Spartan women were unusual in the sense that they were very different from those of other Greek women. In Athens, for instance, women were confined to the domicile and wore clothing that covered and hid their form. In Sparta, this was not the case at all. Sparta enjoyed communal ownership of property and all things, in essence, belonged to the State—men, women, children and goods. Thus, all were equal (or nearly so) before the State’s needs and women had more freedom to move aboutRead MoreSpartan Women vs Athenian Women2261 Words   |  10 Pagesmilitary dictatorships are modeled on Sparta. However, history shows us that women had much more liberty in Sparta than in Athens. In f act, the democracy of Athens was available only to free men who were citizens of Athens. Moreover, to claim citizenship, an Athenian had to prove that both his parents were astoi. For the father, being astos meant that he was an Athenian citizen, but the mother could not be a citizen. Women were never citizens, but only able to transmit the rights of citizenship toRead MoreThe Rise Of The Spartan Empire And Its Women1602 Words   |  7 PagesRise of the Spartan Empire and Its Women A Spartan mother handed her son his shield as he prepared to march off to battle. She said, â€Å"Come back with this or on it.† Beginning around 490 BC when civilization was ruled largely by men; every man was proven their preeminence within their society based highly on their woman. As stated in the book, â€Å"Warrior Ethos,† Leonidas picked the men he did not for their â€Å"warrior prowess† but he instead picked them for the courage of their women. Women in the SpartanRead MoreAthenian Vs. Spartan Women2260 Words   |  10 PagesDespite Athenian and Spartans being associates of the same influential nation, these two states or ‘Peloi’ and denominations of people in Ancient Greece in (400BC) were substantially different. The women in their own distinct societies endured several problematic issues and experienced inequity, demoralisation and condemnation. The notion of women and their purpose was typically conjectured by men in society, specifically Aristotle who claimed that women brought ‘disorder, were evil, were utterlyRead MoreLife in Ancient Greece: Spartan Men and W omen1673 Words   |  7 PagesLife in Ancient Greece: Spartan men and women Bernice Gelin Professor Shepardson November 18, 2008 World History The ancient city of Sparta has had a lasting impression on the world today. Sparta was a model of discipline, conformity, militarism, and virtue. It was a prominent city state, but its society was unique from typical life in Greece. Sparta was a military state, believing in having only the strong and not the weak to maintain theRead MoreSpartan Women During The Era Of The Golden Age And Late Of Classical Age Of Ancient Greece1421 Words   |  6 PagesClassical age of Ancient Greece, from the years 520-321 BC womens roles were significantly different between the two mainly Greek city state Athens and Sparta. These roles that the women presented had huge differences in a way women were portrayed in their societies. Both cities were very different in many ways, the females were raised very differently, and had different duties they had to perform. For example if you commit adultery by Spartan women it was considered tolerated and encourage in their societyRead MoreThe Women Of Ancient Sparta And Athens1310 Words   |  6 Pagesbeen noted that very little rights were given to women during ancient times. Women have always had to fight for some kind of rights such as the right to vote, serve in the armed forces and for equal pay to name a few. This was no different for the women of ancient Sparta and Athens. During this time, the rights of women were different depending on where they lived. Although these two city-states were close in proximity but the rights of the women of Sparta and Athens were not the same. This paperRead MoreWomen Of Ancient Greek Vs. Athenian Women892 Words   |  4 PagesWomen in Ancient Greece Differences Ancient Greece is a country that houses two of the most infamous societies in the world known as the Spartans and the Athenians. Women of ancient Sparta were known as strong minded women who enjoyed more freedom than Athenian women. Although Spartan women were to a certain extent dependent on men, they had some influence in men’s politics, which poses the question: in what form did they influenced the decisions made by Greek men? Much like Spartan women, theRead MoreThe Birthplace Of Democracy : Ancient Greece1129 Words   |  5 Pagesalways had issues. Sparta and Athens are very different from the way they are administered as well as their practices. Athenians were the most scholarly types while the Spartans were more of the military type. Due to the fact that Sparta had a very military lifestyle, they were good at raising strong outspoken women in a society where women were kept at home. Sparta is located near the river of Evrotas in southern Greece. Citizenship in Sparta was based on land ownership. These citizens participated

Professional Misconduct Among Lawyers - Free Essay Example

Sample details Pages: 11 Words: 3394 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? TITLE: REVIEW ON CASES OF PROFESSIONAL MISCONDUCT AMONG LAWYERS TOPIC: REVIEW ON CASES OF PROFESSIONAL MISCONDUCT AMONG LAWYERS. Introduction and Nature of Misconduct The field of law has numerous subdivisions of profession to be involved into. This includes conveyancer, barrister, solicitor, lawyer, public prosecutor, public defender, judicial commissioner, and judges. As all know, a career in the legal profession can be intellectually challenging, personally fulfilling and financially rewarding. The role of the lawyer varies significantly across legal jurisdictions. An important aspect of a lawyers job is developing and managing relationships with clients. The client-lawyer relationship often begins with an intake interview where the lawyer gets to know the client personally, discovers the facts of the clients case, clarifies what the client wants to accomplish, and shapes the clients expectations as to what actually can be accomplished, begins to develop various claims or defences, and explains her or his fees to the client.[1] However, this profession has its own adversity. It is duly acknowledge that a lawyer has a duty of care toward s their client. The breakdown of the fiduciary obligation will leads to misconduct in part of the lawyer. Misconduct can be defined as a dereliction of duty, which is unlawful or improper behaviour[2]. It also means no more than incorrect or erroneous conduct of any kind of a serious nature, and does not necessarily connote moral censure[3]. In legal terms, misconduct is wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of ones acts.[4] There are some other famous words which also have been used to describe the same meaning of misconduct i.e. negligence, misbehaviour, wrongdoing, and malpractice. Don’t waste time! Our writers will create an original "Professional Misconduct Among Lawyers" essay for you Create order Professional Misconduct General Overview Despite of the promising handsome wedges in return, a lawyer has a fiduciary duty and obligation to his client. The failure to oblige with the duty will amount to breach of duty or legally known as a professional misconduct. In general, professional misconduct can be well-defined as a behaviour considered by the governing body of a profession to be unworthy of member of that profession. This may lead to removal from a professional register[5]. Other than that, it is also known as professional malpractice. It is an instance of negligence or incompetence on the part of a professional. A legal malpractice is a lawyerà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to render professional services with the skill, prudence and diligence that an ordinary and reasonable lawyer would use under similar circumstances[6]. Professional misconduct was described in Re A Solicitor, ex p Law Society[7] as conduct which would reasonably be regarded as disgraceful and dishonourable by solicitors of good repute a nd competency. In other case of Myers v Elman[8] Lord Wright opined professional misconduct can be regarded as an act of gross neglect or inaccuracy and failure on the part of a solicitor to realize his duty to aid in promoting in his own sphere the course of justice. Misconduct among lawyers encompasses variety of issues related to unethical or illegal conduct by a lawyer. Misconduct of lawyers may include conflict of interest, over billing, refusing to represent a client for political or professional motives, false or misleading statements, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while neglecting to disclose prior law which might counter the argument, and in some instances having sex with a client.[9] In addition, lawyers are beneficiaries of the privilege of the practice of law and subject to higher duties and responsibilities than non-lawyers. A lawyers fiduciary duties arise from his status as a member of the legal profession and expressed in the applicable rules of professional conduct. The idea of professional misconduct commonly related to the act of negligence in some particular profession such as lawyer. Furthermore, a lawyerà ¢Ã¢â€š ¬Ã¢â€ž ¢s profession is accompanied with statutes which govern the practice of law through its establishment of rules of conduct. These rules are then adopted, sometimes in a modified form, by state courts and enforced by court-appointed disciplinary committees or bar council which the implementation varies by country. Beforehand, there are some elements that need to be fulfilled in order to prove an act of negligence. Mere mistake by a lawyer not easily fall within the definition of negligence. To prove negligence occurred in part of the lawyer, there must be a duty of care owed to the plaintiff which is breached such that damage results.[10] A general theory of negligence liability was laid down there in the landmark case of Donoghue v Stevenson[1 1] namely, à ¢Ã¢â€š ¬Ã…“I owe a duty of care to my neighbour and my neighbour is he whom I can reasonably foresee could suffer injury or damage by my actà ¢Ã¢â€š ¬Ã‚ . The principle in Donoghueà ¢Ã¢â€š ¬Ã¢â€ž ¢s case had been further clarified by Lord Wilberforceà ¢Ã¢â€š ¬Ã¢â€ž ¢s judgement in Anns v Merton LBC[12] that the principle had to be applied in two stages. The first stage was the determination of whether there was reasonable foreseeability of injury. The second stage was the determination of whether there were any considerations that ought to negative or reduce or limit the scope of the duty or the class of persons to whom it was owed or damages in respect of which recovery was possible.[13] Later, the decision in Annsà ¢Ã¢â€š ¬Ã¢â€ž ¢s case was reconsidered and overruled in Murphy v Brentwood District Council[14] where in that case there was certainly foreseeability of loss in part of plaintiff but proximity was absent. The issue of negligence liability in p art of the lawyer may arise usually when there is deficiency in execution of work for example, if he or she fails to provide competent representation to a client, to act with diligence and promptness regarding a clients legal concerns, or to keep a client informed of legal proceedings. Malaysian View In Malaysia, the legal profession is a fused profession. There is no distinction between the duties of a barrister and that of a solicitor, although in practice it is not uncommon to find certain practitioners merely indulge in solicitors work and some others undertaking solely litigation work. Yet, it does not mean that those undertaking litigation work are immune from negligence suit like in England before.[15] Under Malaysian law, misconduct is committed by an advocate and solicitor if a particular act or omission falls within Section 94 (3) (a) à ¢Ã¢â€š ¬Ã¢â‚¬Å" (o) of the Legal Profession Act (LPA) 1976. As can be seen in the particular section, the word à ¢Ã¢â€š ¬Ã…“includesà ¢Ã¢â€š ¬Ã‚  referring to the examples given are not thoroughly cover all possible misconduct that an advocate and solicitor may commit during the discharge of his professional duties. These are some examples of misconduct provided under the Act are as follows:- Conviction of criminal offence Breach of duty to a court including breach of an undertaking Dishonest and fraudulent conduct whilst in the discharge of duties Breach of the rules of practice and etiquette of the profession Being adjudicated a bankrupt and also contravening Section 33 of the Bankruptcy Act 1976 Giving gratification to any person for having procured a legal business Directly or indirectly procuring or attempting to procure legal business Accepting employment in any legal business through a tout Allowing an unauthorized person to carry on legal business Carrying on any business which is incompatible with the legal profession Breach of any provision of the LPA 1976 or any rules made thereunder Disbarment, striking off, suspension or censure of an advocate and solicitor in the capacity of a legal practitioner in any other country Charging grossly excessive legal fees Gross disregard of clientà ¢Ã¢â€š ¬Ã¢â€ž ¢s interest Being guilty of any conduct which is unbefitting of an advocate and solicitor Section 117(4) of LPA 1976 further states that any provision in the agreement which states that the advocate and solicitor shall not be liable for negligence or that he shall be relieved from any responsibility to which he would otherwise be subject as an advocate and solicitor, shall be wholly void. It is therefore submitted that there is a contractual relationship between an advocate and solicitor and a client. The contractual relationship requires the advocate and solicitor to carry out the duties entrusted upon him with due care and skill. Any shortcomings on the part of an advocate and solicitor in doing so would necessarily allow a client to commence a suit in negligence against the said advocate and solicitor.[16] Then it would be up to the court to decide that the said advocate and solicitor was in fact committing negligence. The effect on professional misconduct was provided in Section 94 of LPA 1976 where any advocate and solicitor who have been guilty of any miscon duct shall be liable to be struck off the Roll or suspended from practice for any period not exceeding five years. In Re An Advocate v Solicitor[17], the court recorded a censure and ordered the respondent to pay costs as the solicitor had prepared an affidavit that is untrue, and that is known to him to be untrue. The court held that this to be a very serious offence. In some cases of his kind the appropriate penalty would be either to strike off the offender (if it was a very bad case) or to suspend him for a period of time.[18] Cases on Professional Misconduct Among Lawyers Section 94 (3) (b) of LPA 1976 provides that all attorneys and solicitors are subject to disciplinary actions if guilty of any misconduct breach of duty to a court including any failure by him to comply with an undertaking given to a court. In Home Office v Harman[19], a long term prisoner brought an action against the Home Office on the allegation that his detention was unlawful as he was kept in an experimental control unit isolated from the rest of the prison system. The prisoner was represented by a solicitor who had obtained documents in relation to setting up the prison by way of discovery. The solicitor had given an express undertaking that the document will not be used for any other purpose other than the case at hand. However, in breach of this express undertaking, the solicitor had allowed the journalist to have access to the said documents which resulted in the publication of a highly critical article about the Home Office. The Home Ministry then brought an action bef ore the court. The House of Lords held that Harman was found guilty. Section 94 (3) (d) of LPA 1976 provides that all attorneys and solicitors are subject to disciplinary actions if guilty of any misconduct of breach of any rule of practice and etiquette of the profession made by the Bar Council under the Act or otherwise. In Lim Soh Wah Anor v Wong Sin Chong Anor[20] the Court of Appeal had occasion to consider the consequences of an advocate and solicitor failing to be present in court on the trial date and also failing to inform the client of the trial date. The Court of Appeal in holding the advocate and solicitor liable in negligence held that it is a fundamental duty of a solicitor to diaries the cases and keep the clients informed of dates and prepare the case with the client. In Saif Ali v Sydney Mitchell Co[21], the plaintiff who was a passenger in a van was injured in a collision with a car driven by Mrs S. He was advised by a barrister to sue Mr S but it turne d out that Mr S might be the wrong party to sue since he was not the one who drove at the time accident occurred. Counsel advised that no amendment of the pleading was necessary and later when the action against Mr S was dropped, it was too late to sue Mrs S. In holding the barrister liable for negligence, the House of Lords was impressed by the fact that the barristerà ¢Ã¢â€š ¬Ã¢â€ž ¢s negligence was the failure to advise that Mrs S should be joined as defendants. In other case of Neogh Soo Oh v Rethinasamy[22], the court held that a solicitor who did not conduct a land search failed to inform the client that the land which he wished to purchase has already been gazetted for compulsory acquisition. The court held that the solicitor is liable for negligence for breach of duty of care. In an illuminating judgment, his Lordship Gunn Chit Tuan J (as he then was) held that the defendant had failed in his duty to use reasonable care and skill in giving his advice and taking such acti on as the facts of this particular case demanded of a normally competent and careful practitioner. Section 94 (3) (i) of LPA 1976 provides that all attorneys and solicitors are subject to disciplinary actions if guilty of any misconduct allowing any unauthorized person to carry on legal business in his name without his direct and immediate control as principal or without proper supervision which makes him unfit to be a member of his profession. In Myers v Elman[23] illustrates the example of allowing an unauthorized person to carry on legal business of a lawyer. In this case, the respondent was a solicitor on record to one of the defendants. At the close of the case, the plaintiff made an application that the respondent should be ordered to pay the costs of the action on the ground that he had been guilty of unprofessional conduct. It was proved that the respondent had left the conduct of the case in the hands of his managing clerk, who was not a solicitor to prepare affidavit s. The House of Lords in finding the solicitor guilty of professional misconduct held that as a solicitor he could not escaped his responsibility to the court for the proper discharge of his duties to the court by delegating them to a managing clerk who was not personally amenable to the jurisdiction exercised by the court over solicitors as its officers. Lord Atkin further held that the court is not concerned with a breach of duty to the other litigant, but the breach of duty itself.[24] Some of reported cases show that advocates and solicitor may found guilty for misbehaviour and improper conduct in court which leads to the offence of contempt of court. In the case of Re Kumaraendran, An Advocate Solicitor[25], the counsel was defending an accused person charged with an offence under the Corrosive and Explosive Substances and Offensive Weapons Ordinance 1958. The defence counsel was shouting at the witness and had failed to conduct the case with decorum and proper manner. T he learned President, Low Hop Bing recorded the defence counselà ¢Ã¢â€š ¬Ã¢â€ž ¢s disorderly behaviour. The defence counsel later made an application to court for the matter to be heard by another judge. The court then ruled that the advocate had committed contempt of court and committed the advocate to two days imprisonment. Another case of Re TT Rajah; The Law Society of Singapore v Tampoe T Rajah[26], the respondent an advocate and solicitor used grossly offensive and improper expressions and threatening gestures to the defence counsel. The respondent had called the DPP, a government agent, a running dog and the court à ¢Ã¢â€š ¬Ã¢â‚¬Å" a police court, an organ of power. The Attorney General then complained to the President of the Law Society who then instituted disciplinary proceedings. The Disciplinary Committee found the respondentà ¢Ã¢â€š ¬Ã¢â€ž ¢s conduct in court to be professional misconduct and ordered that he be suspended from practice for two years. On appeal to th e court, his Lordship Wee Chong Jin CJ upheld the decision of the Disciplinary Committee. Immunity against Civil Suit Notwithstanding of the cases given, the existence of immunity to advocate and solicitor from negligence liability is still an open question. In England, although a barristerà ¢Ã¢â€š ¬Ã¢â€ž ¢s immunity from negligence liability has a history of some 200 odd years; its precise formulation was of recent vintage and appeared in some cases.[27] In Rondel v Worsley[28], the appellant had been represented in a criminal assault charged by the respondent barrister on a dock brief. After his conviction, he brought a negligence suit against the respondent alleging that the respondent had been negligent in undertaking his defence, inter alia to reveal and prove that the victimà ¢Ã¢â€š ¬Ã¢â€ž ¢s wounds were not caused by a knife and the appellant was not in a the habit of using a knife. The allegation was negligence in failing to put certain questions to witnesses and failing to call certain witness. The House of Lords agreed with the Court of Appeal that no reasonable cause of action was disclosed affirming the rule that the barrister was immune from any negligence liability. Based in this case, there is rejection of the popular theory, which singling out of public policy in the administration of justice as the sole foundation of a barristerà ¢Ã¢â€š ¬Ã¢â€ž ¢ immunity. A first consideration was that a barristerà ¢Ã¢â€š ¬Ã¢â€ž ¢s duty to advance his clientà ¢Ã¢â€š ¬Ã¢â€ž ¢s interest must be subject to a higher duty to the court to assist. In the absence of any immunity would mean that a disgruntled client who has been successfully prosecuted in a criminal suit can raise the issue of his guilt again in a civil suit for negligence against his barrister. This would have the undesirable consequence of retrying the criminal action in a civil action where the burden of proof is very different.[29] Conclusion In the statements of Datuk Seri Dr Rais Yatim, Minister in the Prime Ministerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Department (as he then was), published in the newspapers on 30 June 2002, there are almost 400 complaints against lawyers was reported in Malaysia. With the membership of the Malaysian Bar growing at a fast rate (there are now about 10,300 lawyers on the Roll of Advocates and Solicitors), it is conceivable that instances of misconduct have correspondingly increased.[30] The Bar Council shall take a serious outlook of all complaints by the public about the misconduct of lawyers, and shall always taking steps to reduce the number of misbehaving lawyers. REFERENCES Paul J. Zwier. Anthony J. Bocchini. Fact Investigation: A Practical Guide to Interviewing, Counselling, and Case Theory Development. 2000. Louisville. National Institute for Trial Advocacy. L. B. Curzon. Dictionary of Law. 6ixth Edition. 2003. Malaysia. International Law Book Services. Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Journal. Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. Legal Profession Act (LPA) 1976. Re A Solicitor, ex p Law Society [1912] 1 KB 302. Myers v Elman [1939] 4 All ER 484, HL. Donoghue v Stevenson [1932] AC 562. Anns v Merton LBC [1978] AC 728. Murphy v Brentwood District Council [1991] 1 AC 398. Re An Advocate v Solicitor [1962] MLJ 125. Home Office v Harman [1986] 1 MLJ 299. Lim Soh Wah Anor v Wong Sin Chong Anor [2001] 2 AMR 2001. Saif Ali v Sydney Mitchell Co [1980] AC 198 Neogh Soo Oh v Rethinasamy [1984] 1 MLJ 126 Myers v Elman [1939] 4 All ER 484, HL Re Kumaraendran, An Advocate Solicitor [1975] 2 MLJ 45. The Law Society of Singapore v Tampoe T Rajah [1973] MLJ 79. Rondel v Worsley [1969] 1 AC 191 Misconduct of Lawyers. 2002. Malaysian Bar Council. R v Pharmaceutical Society ex p Sokoh (1986) The Times, 4 Disember 1986. Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary. Seventh Edition. https://en.wikipedia.org/wiki/Misconduct https://en.wikipedia.org/wiki/Attorney_misconduct [1] Paul J. Zwier. Anthony J. Bocchini. Fact Investigation: A Practical Guide to Interviewing, Counselling, and Case Theory Development. 2000. Louisville. National Institute for Trial Advocacy. [2] Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary. Seventh Edition. [3] Webster J in R v Pharmaceutical Society ex p Sokoh (1986) The Times, 4 Disember. [4] https://en.wikipedia.org/wiki/Misconduct [5] L. B. Curzon. Dictionary of Law. 6ixth Edition. 2003. Malaysia. International Law Book Services. [6] Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary. Seventh Edition. [7] [1912] 1 KB 302. [8] [1939] 4 All ER 484, HL. [9] https://en.wikipedia.org/wiki/Attorney_misconduct [10] Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Journal. [11] [1932] AC 562. [12] [1978] AC 728. [13] Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Jour nal. [14] [1991] 1 AC 398. [15] Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. [16] Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. [17] [1962] MLJ 125. [18] Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. [19] [1986] 1 MLJ 299 [20] [2001] 2 AMR 2001 [21] [1980] AC 198 [22] [1984] 1 MLJ 126 [23] [1939] 4 All ER 484, HL [24] Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. [25] [1975] 2 MLJ 45. [26] [1973] MLJ 79. [27] Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Journal. [28] [1969] 1 AC 191 [29] Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Journal. [30] Misconduc t of Lawyers. 2002. Malaysian Bar Council.

A Big Threat to Brokerage Firms Free Essays

These days, frauds and scams are observably rampant. In business, on the Internet, in the bank and any entity where money may be extracted. Brokerage firms and hedge funds never escaped this reality and these firms too are very susceptible to frauds and this fact is considered as a big threat upon the health of the financial market. We will write a custom essay sample on A Big Threat to Brokerage Firms or any similar topic only for you Order Now Hedge funds are currently among the most popular or hottest type of investment prospects in the stock market these days. This type of investment â€Å"have been very prominent in the financial news, attracting a lot of attention from investors, brokerage firms, the Securities and Exchange Commission or SEC† (Evans, Atkinson, and Cho 2005) Brokerage firms on the other hand have investment advisors and stockbrokers which are pack with information needed to be relayed to the investors. In this manner, if they are having plans to defraud and manipulate the information they have, which is a very unethical act, they actually can. The aforementioned hedge funds and brokerage are very susceptible to fraud caused by unsuitable investments. These unsuitable investments happen when the representative broker of the firm make misrepresentations of the investment to a customer or if this broker agent fall short in disclosing â€Å"to the customer all of the material facts about the investment† (Stoneman and Schulz) In short, this is a fraud, which, the common people also identify as a lie. Fraud is either lying or omitting something and according to the SEC, under Rule 10 (b) (5), employing any scheme, artifice or device defrauding someone or some entity constitute fraud or making untrue statements of material fact making the statement made, in light of the circumstances under which they were made, not misleading is another way to defraud. Moreover, engaging in any act, practice or course of business which operate or would operate as a fraud or deceit upon any person or entity in connection with any purchase or sale of any security. Even though wealthy investors in the hedge funds consider the occurrence of fraud to be insignificant, it is currently happening â€Å"too often to be ignored† (Guarding Against 2005) In fact for the past five years prior March 2005, there were already a total of fifty-one (51) fraudulent hedge fund cases with investor losses of approximately $ 5. 1 billion. One very popular type fraud in hedge funds was invented as early as 1919 called the Ponzi Scheme after Carlo Ponzi who first utilized this method. With this type fraud, the fund manager maintains the fiction that the fund is performing very well and is generating returns while it encourages new investor to invest and using their investments to pay off those earlier investors at a higher rate rather than investing the amount. On the side of the brokerage firms, they are the ones leaking the information to investors leading to fraud. In fact, the SEC alleged that brokerage firms recruited new investors for hedge funds from their clients (a technique known as â€Å"capital introductions. † (Evans, Atkinson, and Cho 2005) General fraudulent brokerage firm practices include stock marker manipulation to benefit a certain individual or entity; utilizing phony accounts in trading in the stock market; trading without the public’s information; doing trades that are unauthorized; refusing to customers’ sell orders; and falsifying firm’s records. Furthermore, more defined types of brokerage fraud (Brokerage Fraud, 2008) include (1) biased investment advice; (2) unfounded advice; (3) contradictory investment advice; (4) continuing a risk; and (5) conflict of interest. Each of these five portrays manipulation by the firm, taking its advantage as the advisor in influencing the decision of the customer in an unorthodox manner. As early as 2004 the SEC has been requiring brokerage firms to present relevant information stating the ways on how they help the hedge funds recruit new investors in order to prevent fraudulent fund raising. The SEC is also investigating selected cases to draw information from them and from which hedge funds might have used insider information to their ends and thereby gaining profit. This is especially true on initial public offerings (IPOs) This is according an article entitled Guarding Against Hedge Fund Fraud issue number 3 of the Trusting the Independent Financial Advisor Journal. The SEC advices the brokerage firm in order for them to stay within the rules and will not be penalized. This advice includes (1) fair dealing; (2) best execution; (3) customer confirmation rule; and (4) disclosure of credit terms. These general rules are embedded in the SEC’s Compliance Guide to the Registration and Regulation of Brokers and Dealers. Simply stated, the SEC and the American government in general do not want to have another Merrill Lynch, Salomon Smith Barney, Morgan Stanley or Bear Sterns deceiving the public. . Works Cited Evans, Thomas G. , Stan Atkinson, and Charles H. Cho. 2005. Hedge Fund Investing: Current Advice for Financial Advisers and Planners. Journal of Accountancy 199, no. 2: 52+. Morgenson, Gretchen. â€Å"Brokerage Firm Is Indicted In Fraud Case. † The New York Times, July 9, 1999, from http://query. nytimes. com/gst/fullpage. html? res=9E02E2D8143CF93AA35754C0A96F958260. National Legal News â€Å"Brokerage Fraud. † 2008 from http://www. lawyershop. com/news/practice-areas/criminal-law/white-collar-crimes/securities-fraud/brokerage-fraud/. Stoneman, Tracy P. and Douglas J. Schulz. 2002. California: Kaplan Business Publishers The Securities and Exchange Commission. â€Å"Litigation Briefs. †2008 from . http://www. sec. gov/litigation/briefs/homestore_020405. pdf. Trusting the Independent Financial Advisor Journal. â€Å"Guarding Against Hedge Fund Fraud† issue number 3. March 2005, Switzerland: Roland Ray. How to cite A Big Threat to Brokerage Firms, Papers

The Project Management Process Groups free essay sample

The Project Management Process Groups: A Case Study Learning Objectives o Describe the five project management (PM) process groups, the typical level of activity for each, and the interactions among them. o Understand how the project management process groups relate to the project management knowledge areas. o Discuss how organizations develop IT project management methodologies to meet their needs. Learning Objectives (Cont. ) o Review a case study of an organization applying the PM process groups to manage an IT project. Understand the contribution that effective project initiation, project planning, project execution, project monitoring and controlling, and project closing make to project success. Project Management Process Groups o A process is a series of actions directed toward a particular result. o Project management can be viewed as a number of interlinked processes. o The project management process groups include: n n n n n Initiating processes Planning processes Executing processes Monitoring and controlling processes Closing processes Level of Activity and Overlap of Process Groups Over Time Mapping the Process Groups to the Knowledge Areas o You can map the main activities of each PM process group into the nine knowledge areas by using the PMBOKÂ ® Guide 2004. We will write a custom essay sample on The Project Management Process Groups or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page o Note that there are activities from each knowledge area under the planning process group. o All initiating activities are part of the project integration management knowledge area. Relationships Among Process Groups and Knowledge Areas Relationships Among Process Groups and Knowledge Areas (Cont. ) Developing an IT Project Management Methodology o Just as projects are unique, so are approaches to project management.