Wednesday, January 29, 2020
Book Report Writing Template Essay Example for Free
Book Report Writing Template Essay This is a guide only. It is not meant to write the report for you. It gives you a format or template for writing your own report. The original draft was developed by a teacher friend of mine to use with her own students. I have made a few additional enhancements which I believe make the model more clear and complete. A note of caution here. Your instructor may have another book report format that he/she prefers. So, make sure they approve of this format before using it. The following book report format template is appropriate for students at the pre-college level who are required to write a report about a book they have read. For the type of book summaries applicable to college and university level (undergraduate and post-graduate), as well as for business and professional situations, you can check out the following book summary sample. 1. Introductory Paragraph The first sentence should state for which instructor and class the book-report is being written. The second sentence should state the title of the book and the authors name. The third sentence should tell how many pages the book has and the name of the publisher. The fourth sentence can state basic bibliographic information about the book. Bibliographic information means not only the author and title but also what company published the book, what year it was published in and any other relevant information such as the edition and if the book has been translated, simplified or abridged. (see copyright page and the back of the title page. ) The next sentence should state the reason(s) you decided to read this book. Why did you choose this particular book? Typical reasons might be: You like the author. You like this type of book (i. e. mystery, western, adventure or romance, etc. ). Read more:Ã How many sentences in one paragraph. Someone recommended the book to you. It was on a required reading list. You liked the cover. These reasons do not have to be complex. Most people choose the books they read because they like the author or somebody recommended it to them. If you chose the book because you like the author, then state why you like that author. An optional sentence can be used if the cover (back cover) of the book gives you any additional information then add a sentence with that information. Was the book a best seller? Are there X million copies in print? Did it win any major awards? 2. Main Character(s) Paragraph The first sentence of this paragraph should state who the main character or characters of the book are, and why they are important. Refer to this person or these persons as the Main Character or Main Characters. You will need at least a complex sentence for this, and probably more than one sentence. 3. Other Characters Paragraph You should compose at least one sentence for each of the other prominent or important characters in the book. State the name of each of the other important characters, and the key role that each one plays in the book Most books have five or six prominent characters besides the main character, so simply listing each one and stating their role in the book will give you a good sized paragraph. 4. Plot Summary Paragraph This is perhaps the hardest paragraph to write in five sentences or so. If you have to write a bit more dont worry. Here are the main points to cover: State the type of book (Mystery, Western, etc. ). What place or country was the book set in? What time period was the book set in? (19th century, the present, ancient Rome, the 23rd century). Other physical locations which are important, like: ships, airplanes, houses, or buildings. Other notable attributes of the book. (Was it violent, scary, fast paced, etc. ). What is the main character trying to do? What is the outcome of the book? etc. Make sure you cover all of the major parts of the plot. You might have to go back through the book, chapter by chapter, and make a few notes. 5. Personal Impressions and Conclusion Paragraph Simply talk about what you liked or did not like about the book. Use this paragraph as your conclusion. It should summarize your overall impressions of the book and bring the report to a close. Start with a sentence that states that you are now writing a conclusion. (For example: My final thoughts on A Fine Balance are that it is a fascinating book but I am not entirely sure if I completely understood the thematic message of the book. Restate your reasons why you liked and/or disliked the book using different words. Write two sentences that talk about the books good points and weak points. Write a sentence or two about what you learned from the book. Close with a sentence that states whether you would recommend the book to others. Dont be afraid to give your own honest impressions of the book. After all, if youve read the book thoroughly, you are entitled to your own interpretation of it. Typically, your book report should not exceed two double-spaced pages, and it should be somewhere between 600 and 800 words in length. Research Assistance This site, which claims to be the best single research source online, maintains an inventory of more than 25,000 research reports on thousands of subjects; many of which are book summaries. Most are available for immediate download. If your subject isnt already in their archives, they will do custom research and writing for you. You can download existing papers and/or order custom research papers 24 Hours a Day!
Monday, January 20, 2020
North American Natives Essay -- American History, The Iroquois Nation
The early natives of North America can be divided between six different regions that they lived in. The regions were easily designated by the different environmental conditions and resources found in those areas. The regions were known as the Eastern Woodlands, the Plains, the Southwest, the Northwest Coast, the Arctic and the Sub-Arctic. Each region provided a different set of challenges that help shape the people that lived there (Harcourt, 2009). In order to survive prior to the arrival of the European settlers the native people of North America had to adapt to their environment and use what it could provide or they would parish. Each region provided what the people needed in many different forms. If the people were able to adapt and learn how to use those resources they would survive. The Eastern Woodlands The Native Americans that inhabited the area from the Mississippi River to the Atlantic Ocean and up to the Great Lakes were considered to be in the Eastern Woodlands. During that time forest covered most of that area. What the Native Americans depended on to survive was provided from the natural resources that were all around them. They used what the forest provided for their homes, food, tools, clothing and weapons. There were many different groups of people that lived in the Eastern Woodlands but the two most predominate tribes were the Iroquois and the Cherokee nations. The Iroquois Nation lived in what later became known as the northern part of the United States. The Iroquois were made up of the Cayuga, Mohawk, Oneida, Ogondaga and Seneca tribes. They were also known as League of the Five Nations and all the tribes had to agree on decisions (Cipriano, 2003). By forming the League of the Five Nations th... ...nd understanding they had developed over generations. They also relied on each other for assistance with hunting and building their homes. These skills were evident throughout all the regions as the people learned to use the natural resources around them and other members of their tribe. However you can see the impact of outside influences like the arrival of the horse and the impact it had on the Plains Indian and their old way of life. They were able to embrace this change and make it a part of their new way of life. In order for those original people of North America to survive they had to adapt to their environment or change that environment somehow so they could survive. We are facing the same challenges today as we change our environment. How we adapt to that new environment so we can survive is the challenge the people of North America faces today.
Sunday, January 12, 2020
Eternal Law and Human Law
Eternal Law and Human Law As humans live in this world, laws and regulations are strictly enforced for the justice, safety, and rights of the humans. Whether those laws are eternal or temporal, all laws require standards. Saint Augustineââ¬â¢s On the Free Choice of the Will discusses these standards and defines what each laws mean. Most importantly, Augustine argues that eternal law is necessary for temporal law to exist and for the nation to function properly. I agree with Augustineââ¬â¢s argument on the necessity of both eternal law and human law and the belief of how temporal law is based on eternal law.According to Augustine, eternal law is a law that is just, unchanging, and follows the proper ordering and reasoning. This eternal law is also what the ordering of everything is based on. He also believes that when one pursues his or her life based on eternal things, such as truth, knowledge, and love, then they are living a life under eternal law. However, if one decides to live a life of desire for temporal things, such as money, possessions, and physical appearances, then they are living under a temporal law where their happiness will not last long.This law, which is interchangeable with human law, makes a nation well ordered, where the people are allowed to designate officials with their own choices and obtain many other rights. Eternal and human laws proposed by Augustine are essential to society; though both essential, Augustine differentiates the two. Augustine explains that eternal law bases its standards on God and He is the ruler of this law; this law is the law by which God rules all creation. It can also be characterized as the ââ¬Å"divine reason or the will of God, a will which enjoins the natural orderâ⬠(Fitzgerald & Cavadini, 583).On the other hand, temporal law is subject to change in such instances as the election of a new president, or institution of new laws. While eternal law both regulates human affairs and governs eternal t hings, human law is solely limited to the regulation of human affairs. Eternal law is immutable and irreversible; there are no officials or a president to eternal law because God is the standard, and therefore it is unchanging. Eternal law is universally applicable where human law differs in between nations and countries, even tates. Though there are many differences between eternal law and human law, Augustine elaborates that eternal law is both necessary and crucial for human law to exist. He believes that what is considered just in human law is derived from eternal law. In other words, ââ¬Å"eternal law is the measure of the temporal lawââ¬â¢s justiceâ⬠(Dilman, 77). What is considered temporal may be revised in accordance with the changing circumstances of men and their social arrangements, but still remain just by the measure of eternal law.Human law exists because eternal law is present to us right now in this moment. Augustine concludes that eternal law is just; ther efore everything is ordered in the highest degree under this law. I agree with Augustine in that eternal law encompasses human law. Reading through Augustineââ¬â¢s On Free Choice of the Will, I was convinced that eternal law is unchanging because it is independent of the changing circumstances of men, but temporal laws are constantly changing as years pass by because we face new generations.Therefore, there must be a boundary where temporal law can base on. And that boundary is eternal law. For clarity, an example of human law and eternal law can be compared. A well-known law that everyone should follow is that of the legal drinking age. In the United States, the legal drinking age is 21, however, in other countries such as Mexico, the legal drinking age is 18. Human law is different between many countries and it is temporal because people in United States are raising their voices to lower the drinking age to 18.Therefore, the legal drinking age law is subject to change as citize ns are constantly bringing up this topic. However, in eternal law there is no drinking age but it is telling the rational human being to not to become addicted to drinking and to find healthier desires other than the consumption of alcohol. Under eternal law, drinking is not what life is all about; there are so many other significant tasks and experiences that human beings need to fulfill during their life times in this world.Eternal law says to love eternal things, not what is a temporal joy. With this example, I am arguing that human law is based on eternal law because human law establishes the legal drinking age so that young generations can find what their true wisdom is before being introduced to worldly pleasures and find themselves lost without having realized the true purpose of their existence. To follow temporal law is to love the creature and the creation more than the Creator.The desire for artificial and materialistic things will lead to discontent, both for the individ ual and the society as a whole. However, if all men loved only eternal things, then there would be no need for temporal law, which governs our daily lives. Therefore, temporal law is necessary to restrain the actions of those men who love temporal things. Temporal law is not meant to punish men who do love temporal things, but is rather for the criminal actions that men commit because of their excessive desires for these things.This all comes back to the idea that God created the universe and He is the man of eternal law, and we need to love him more than any other things in this world. Great benefits and blessings will be rewarded to those men that earnestly seek for wisdom, love, genuine virtues, and truth than to those men that live wrongfully longing only for wealth, lust, physical beauty and many earthly things. In conclusion, it is both crucial that laws govern society and important that laws order human choices and interpersonal relations.But it is more valuable that eternal law governs these laws of society because it is always present, ultimate standard and suffers no exceptions. Therefore eternal law is necessary for human laws to exist and control the corrupted society for the better. Works Cited Dilman, Ilham. ââ¬Å"Free Will: An Historical and Philosophical Introduction. â⬠Google Books. Routledge, n. d. Web. 19 Feb. 2013. Fitzgerald, Allan D. , and John C. Cavadini. ââ¬Å"Augustine Through the Ages: An Encyclopedia. â⬠Google Books. Wm. B. Eerdmans Publishing Co. , n. d. Web. 19 Feb. 2013.
Saturday, January 4, 2020
Should the Government Fund Public Preschools - 1739 Words
Money cannot buy happiness, but it can buy education. In this great country of ours, education is not a privilege it is a right. All children are given the opportunity to a free education. An education that should allow them to become high school graduates, 21st Century scholars, and prepare them as leaders to sustain this nation. What happens though when this is not the future for all children? The problem at hand is not all children are receiving the same educational opportunities. Not all children graduate from high school and not all lead successful careers as adults. Why is this the outcome for some and not others? One main reason behind students not being successful later in school is related to the readiness of the child when they enter school. ââ¬Å"Evidence suggests that childrenââ¬â¢s academic skills at school entry are linked to their later school achievement (Entwisle Alexander, 1993), and that test scores in the elementary school years are associated with long-run economic outcomes such as employment and earnings (Krueger, 2003)â⬠(Magnuson, Ruhm Waldfogel, 2005). Not all children come from homes that have the time or knowledge to incorporate and promote pre-literacy skills, social skills or fine/gross motor development. These particular students do not start school with the same readiness as those of their peers, who were exposed either in their own homes or in a developmental setting. Early Childhood Education is a core foundation for providing children theShow MoreRelatedCapital Budgeting in Galaxy Science Centre Essay1403 Words à |à 6 Pagesfrom the government. The last issue considers overall elements to set up a price policy for the gift shop. We attempt to figure out these issues as existing puzzle. Issue 1 Galaxy Science Centre (GSC) is a non-profit organization, every dime it spends should be used according to their goal. The goal of GSC is to educate the general public, to support the science programs of local schools and to provide a science centre for the municipality. Therefore, the most amount of budget should be allocatedRead MoreGalaxy Science Centre (Gsc) Essay1640 Words à |à 7 Pagesfrom the government. The last issue considers overall elements to set up a price policy for the gift shop. We attempt to figure out these issues as existing puzzle. Issue 1 Galaxy Science Centre (GSC) is a non-profit organization, every dime it spends should be used according to their goal. The goal of GSC is to educate the general public, to support the science programs of local schools and to provide a science centre for the municipality. Therefore, the most amount of budget should be allocatedRead MoreObtaining Retaining High Quality Staff Essay905 Words à |à 4 Pagesnew job candidates one must keep their organization philosophy in mind. If a job candidate standards and morals donââ¬â¢t align to oneââ¬â¢s organization they may not be a good candidate for the job. When hiring new job candidates policies and procedures should be made clear verbally and visually, furthermore our organization current policies can be found in our quality childcare handbook, each candidate must sign off stating they understand whatââ¬â¢s acceptable not acceptable. When policies and proceduresRead MoreNo Child Left Behind Act Essay1646 Words à |à 7 Pages The No Child Left Behind Act was based on the Elementary Secondary Education Act of 1965. The act was established based on the promise of Thomas Jefferson to create a free public education system in Virginia (Hammond, Kohn, Meier, Sizer Wood, 2004). The act is now reauthorized as the No Child Left Behind Act of 2001. The purpose of the No Child Left Behind Act was to make sure that children were given a fair, quality education. The act set out to close the achievement gaps in educationRead MorePublic School Funding Is Unfair And Unequal1374 Words à |à 6 PagesIntroduction Public school funding is unfair and unequal in most states. However, more concerning is out of the 49 million children in public schools, students living in poverty are affected the most. There are wide disparities in the amount spent on public education across the country, from a high of $18,507 per pupil in New York, to a low of $6,369 in Idaho (Baker, Sciarra, Farrie, 2015). The question that all stakeholders should be asking is school funding fair? What is fair school fundingRead MoreChild Rearing Practices By Margaretha Schurz1656 Words à |à 7 Pagesthe common standard in the United States; but once again an educational gap has occurred in children prior to age five (Baker Institute, 2010). Furthermore, the educational gap among children of poverty, prior to starting preschool is more alarming and has prompted government and educational leaders to intervene and provide the early pre-K services American society is demanding (Hustedt Barnett, 2011). The effects of poverty is devastating, but for young learners ââ¬Å"poverty status is one of theRead MoreThe Purpose Of The Child Care And Development Fund1188 Words à |à 5 Pageswith them. Thus, early care may be an intervention with a very large benefit relative to its cost (ââ¬Å"The Case for Investingâ⬠). If the government were to fund the child care centers the quality of the center would be able to increase, allowing more employees to enter the workforce and benefit the needs of the children. Child care mandatory and discretionary funds should be significantly increased to address serious gaps in access and quality for children. Currently there are a couple of different federallyRead MoreStill Separate, Still Unequal1648 Words à |à 7 PagesStill Separate, Still Unequal Segregation is a topic that has been discussed for decades. Segregation in schools wasnt really dealt with. The government basically disguised it and kept it away from the public. Brown V. Board of Education, Plessy V. Ferguson, and Jim Crow Laws was the cover, but it didnt solve anything. Segregation isnt just about race, its also financially. When money is involved in the situation theres a major advantage. Johnathan Kozol talks about how were still separateRead MoreThe Education System Needs A Big Reform2466 Words à |à 10 Pagesneeds to be more focus on the education system and what can be done to help it. There are many ways to gain funds for education because most funding comes from a local level. The biggest solutions being more help from the Federal government. However, things like vouchers, donations and nonprofit organizations can help to fix the funding issue. Generally states spend about twenty percent of funds on education. Which makes it the second largest expenditure next to Medicaid. The state along with otherRead MoreHigh Quality Universal Pre K Can Reduce Achievement Gaps For Minority And Low Income Children1045 Words à |à 5 Pageseducation vary widely as a function of childrenââ¬â¢s socioeconomic backgrounds. Secondly, the quality of most early education programs is not high enough to substantially improve academic readiness. Considering the tremendous potential for high-quality preschool to improve childrenââ¬â¢s outcomes, this policy brief will consider how a universal publicly funded pre-kindergarten program in the United States could decrease both dispar ities in access to early learning and achievement gaps at kindergarten entry.
Friday, December 27, 2019
Life Skills And Adolescence Of Rural Background - 1563 Words
Life skills and Adolescence of rural background in India Dr. Rashmi Saxena, Assistant Professor, Shri Ramswaroop Memorial Group of Professional College, Lucknow E-mail: rashmi_phd1979@rediffmail.com Abstract Education plays an important role towards the overall development of human being. Education is preparing child to live life effectively in the contemporary society. Societies change over time and are not same at any point of time. Today, more and more societal pressures, greater complexity, uncertainty and diversity, rapid changes in the environment and continued deprivation put adolescents at the crossroads of their lives facing an uncertain future in facing the responsibilities of adulthood and to enter the world of work. Ruralâ⬠¦show more contentâ⬠¦They have unlimited energy, vitality and idealism, as well as strong urge to experiment and create a better world. Adolescents are, at the same time, a critical period for the development of self identity. The process of acquiring a sense of self is linked to physiological changes and learning to negotiate social and psychological demands of being young adults. In India todayââ¬â¢s adolescents are exposed to more information and cultural alternatives than in earlier periods. This provides the adolescents with culturally diverse choices, which cannot be easily exercised due to economic dependence on parents and significant others. The adolescents have to prepare for global successful adult life of competition and independent functioning which is possible only through enhancing their psychological competencies. The education of young people and adolescents has been an issue of major concern in all parts of the world. Adolescence can be a stressful time not only for adolescents but also for parents and adults who work with the adolescents. Adolescents are dealing with the challenges of growing. They are going through puberty, meeting the changing expectation of other, and coping with feelings they not have experienced before. Problems Faced by Students from Rural Background in India While the environments in which adolescence live are certainly important, itââ¬â¢s crucial to note that theseShow MoreRelatedThe Effects Of Sexually And Domestic Violence On Adolescent Externalizing And Internalizing Behavioral Issues855 Words à |à 4 Pages Moylan and colleagues (2010) results show that children who are exposed to ultimate violence such as child abuse and domestic violence are more likely to have internalizing and externalizing outcomes during their adolescent years. Summary of Background Literature: Children, in millions, are being raised in homes where only violence is prevailing. Not only is child abuse occurring, but also there is domestic violence which can result into serious complications as the children grow. Cases showsRead MoreEffects of Rural-to-Urban Migration on Childrens Wellbeing in China Hongwei Xu University1722 Words à |à 7 Pagesand future education training for rural development. 5) The Causal Effects of Rural-to-Urban Migration on Childrenââ¬â¢s Wellbeing in China Hongwei Xu University of Michigan Yu Xie University of Michigan Population Studies Center Research Report 13-798 August 2013 Findings : 1) Because of migration from Rural to Urban the nutritional requirement are full filled. 2) Because of migration from Rural to urban there is remarkable academic achievements are seen. 3) The rural oriented children do not suffer fromRead MoreHearing Loss Among Individuals : Deaf And Hard Of Hearing Essay1143 Words à |à 5 PagesThis literature review addresses the impact of hearing assistive technology and advanced testing that touches the lives of adolescences in educational settings who have a hearing disorder, affecting their life dramatically. Hearing loss is a common impairment and approximately ââ¬Å"one in twenty-two newborns in the USâ⬠are born with a form of this communication disorder (McCoy, 2016). A hearing disorder is an ââ¬Å"impaired [â⬠¦] sensitivity of the physiological auditory systemâ⬠[â⬠¦] that can be ââ¬Å"classifiedRead MoreDevelopment Stages of Adolescents2191 Words à |à 9 PagesAdolescence is the distinct transitional stage between childhood and adulthood in human development, extending primarily over the teenage years and terminating legally when the age of majority is reached (Rathus, 2014). However in some ins tances, this biological, cognitive, social and emotional maturity may not be reached until a later stage and may be dictated by gender. Adolescence is characterised by rapidly changing and unpredictable behaviour (Freud, as cited in Rathus 2014), heightened andRead MoreSchool Bullying : How Does Bullying Affect Children?1299 Words à |à 6 PagesBullying How does bullying affect children? Name: Thai Nguyen Phuc Dang ( Dom ) Teacher: Jack Moon ID number: 4956206 Due date: 04/05/2015 Subject code and title: EDU00004 ââ¬â ACADEMIC AND COMMUNICATION SKILLS B Ã¢â¬Æ' Abstract School bullying is one of the issues being hotly debated today. It effects on daily life, psychological and physical of each student. This is the issue that parents and teachers must understand to be able to control their children in a better way. This report will show the acts and manifestationsRead MoreSexual Relationships1135 Words à |à 5 Pages Background The attached process recording was from my initial, clinical meeting with E.W. My internship is at a School Based Youth Services Program (SBYSP). We are located on a high school campus and are primarily funded by the Department of Children and Families, the Division of Family and Community Partnerships. A few of the many services we provide are recreation along with individual, group, and family counseling. I have already developed a relationship with E.W. through our interactionsRead MoreThe Live Right, Play Right1459 Words à |à 6 Pageslive right, play right institute focus on young men and women gifted with talents that makes them marketable in today society. It gives chances to unprivileged children, with low income backgrounds whom have the same educations, talents, and drive as the privileged children. We are open to all ethnic background for the same reasons we work with all ethnicity. To teach the American way of co-existing with different people in everyday livi ng. This is some of the keys we focus on for the successRead MoreTeaching the New-Learner1541 Words à |à 7 Pagesthirty-percent, which means learners do not have seventy-percent of the required knowledge as they continue through the school education levels (Barry, 2014). Which in later years could be detrimental to their life choices, especially where these basic life skills are needed for life skills and further education. This in turn has taught the new learner that no matter the mark, they will still pass. This decreases the moral standards for the well-known value of ââ¬Å"for every action there is a consequenceâ⬠Read MoreEssay about Hispanic Girls Growing up on the Border2367 Words à |à 10 Pagesrisk girls feel they fit into their community has been attempted through the formation of a club in Texas, where there is a large Mexican population due to the border region. A club for at-risk girls was started called Girls Acquiring Leadership Skills through Service (GA LLS). Since students who lack feelings of inclusion at school are those most at-risk for both youth gang involvement and dropping out of school this club focuses on making girls feel they belong at school(Sonnenblick 243). ThroughoutRead MoreFamily Planning Methods And Methods Of The Rapid Population Growth Worldwide1911 Words à |à 8 Pagesbeing empowered to space the births of their children, fathers becoming more involved in health and family planning, infants and youth seeing their potential for a healthy life increase? This paper outlines the family planning techniques and methods in Nigeria. It throws light on how education is a major set-back for the rural population and, how, using traditional contraceptive methods, even though there are modern methods which are more affective and reliable, is failing Nigeria to grow into the
Thursday, December 19, 2019
Analysis Of Metallic Decades Of Metal Dominance - 1660 Words
Metallica: Decades of Metal Dominance Thrash metal band Metallica has an expansive history of over thirty years. Trials and tribulations continuously impact the band however, they are always able to unify after tragedy. With each set back Metallica encounters; whether it is the loss of a band member or low album sales, a reinvention occurs within their music. Despite performing music for the masses, Metallica retains mysterious qualities. Band members have effectively kept their private lives out of public scrutiny that often plagues successful musicians. Founding Members The vision to create the ultimate rock band stemmed from the imagination of drummer Lars Ulrich. Ulrichââ¬â¢s progressive upbringing in a wealthy family of Sweden came withâ⬠¦show more contentâ⬠¦Hetfield has a rougher, edgier exterior that works for the thrash metal scene. Hetfield played the underground heavy metal scene for a few years before his fateful try-out with Ulrich. With the merging of these two minds the story of Metallica begins. 1980ââ¬â¢s With the collaboration of a shared dream, the next two musicians added to Metallica were guitarist Lloyd Grant and bassist Ron Govney. With the completion a band in 1981, Metallica began writing and performing songs. They released their first demo tape, ââ¬Å"No Life til Leatherâ⬠in the underground Los Angeles heavy metal scene (www.rockhall.com). Shortly after this release Metallica moved to the Bay Area. Relocating to the San Francisco area played a major role in the evolution of Metallica. With the move came the ousting of Grant and Govney whom were replaced by Dave Mustaine, lead guitarist and Cliff Burton on bass guitar. Before long, in 1982, Mustaine departed from Metallica to be replaced by Kirk Hammett. With the formation of the ideal Metallica finally complete they went to work on their first album. Kill ââ¬ËEm All released in 1983, embraced the heavy metal feel Metallica was hoping to achieve placing them as major contenders in the music industry. The album features the hard and fast sound of thrash metal previously only known in the underground heavy metal scene. Metallicaââ¬â¢s second album, Ride The Lightening (1984), did not disappoint as well and obtained the band a contract
Wednesday, December 11, 2019
Australian Law Review Influence on Juridical Revision
Question: Describe about the Australian Law Review for Influence on Juridical Revision. Answer: Introduction Todays Australia Judicial reforms can be followed back to a time the Commonwealth administrations reclaims regarding all executive laws which took place in the latter stages of the 1970s. These reforms heralded the setting up of the Australian Federal Court, the office of the Ombudsman as well as the Administrative Appeals Tribunal. Most importantly, they majorly entailed enacting the Administrative Decisions of the Judicial Review Act 1977.1 After more than forty years later, this seemed to be the opportune moment to review and revise the appropriateness and relevance of the current laws as a way of adjusting to the changing times as well as the future. The reforms to the administrative laws of the 1970s formed the most significant influence on juridical revision that has taken place in the past. However, they do not form the only important influence. Another critical issue is the influence of the High Court and especially its influence regarding perquisite writs which are today referred as constitutional or juridical writs. The apparent law change is colligated with an idea that the law court exhibits a full-fledged separation of powers based on the doctrines of the law. As a result, we cant afford to downplay the fact that changes and developments are guided and informed by apparent social and cultural changes that emanate from the ever growing importance of the decisions made by the government on its citizens.2 To some degree, this reflects how the government intrudes into private issues despite the fact that not all intrusions are bad or negative. It stems from the intent to safeguard public interest via regulating activities that might be dangerous and harmful to citizens. It also goes as far as raising revenue reallocation and redistributing national wealth by means of social security. Even though it is beneficial to citizens, it exerts influence on the fiscal and individual affairs of all Australians. The ever-growing significance of the executive decision-making process on its citizens which has inescapably resulted in the fledging of the judicature, the government as well as the mechanisms for subsequent scrutiny of the made decisions. To some degree, the judicature has been offering responses to the pressures and the resulting government activity that enacts them. Inception The history of juridical review and subsequent reform of administrative laws can be traced back to the traditional exclusive judicial mandamus writs, certiorari, as well as proscription. The juridical documents originated of the majestic privilege over specific subjects. It was given by the Rex's or Queenss Bench section from the Imperial Courts in the system. Its utilization got nearly linked with privileges of the crown and the rightfulness; specifically preventing those rights from being encroached. For instance, Mandamus obligated people to perform public responsibilities, prohibition barred any conduct that was out of the jurisdiction while certiorari invalidated previous conduct for which there were no jurisdictions addressing it.3 The High Court of Australia According to the Commonwealth Constitution section 75(v); authorizes legal power concerning High Court of Australia where the judicial mandamus writs, proscription sought against Commonwealths officers. Close to approximately 100 years, the juridical documents called -the perquisite writs-up to when High Court- Gummow JJ and Gaudron - explained the perspective in the Tribunal for Refuge Review that; having the powers separated, resulted in the judicial writs as guaranteed by the Constitution to be basically different to the exclusive writs that were often linked with administrative powers and discretion of the Crown. Henceforward, they are supposed to be referred to as the constitutional writs. Apparently, the change in terminology failed to be effected. Nevertheless, it did change or shift the scenarios on which the writs could be applicable. For example, for the case of prohibition, the grounds were a jurisdictional error. The cardinal jurisdiction authorized by the High Court as written in section 75-v in giving constitutional and perquisite writs is exemplified by section 75-iii legal power which prescribes that an individual who is being sued or suing in position of the British Commonwealth, that is automatically its party. Consequently, according to the Judicial System Act 1901 (Cth), section 33 extends the authority and discretion of the High Court to rule out public law redresses.5 Even though the boundaries limiting the issuance of the lawful writs continues to be applicable, two critical dimensions have facilitated accessibility of common law juridical reexamination to greatly widen. Firstly, the enlargement is sufficient to be termed as a jurisdictional error. For a while, this has been a slipping concept. Consequently, it has been demoted least to say to a secondary position in the Britain. Seemingly the High Court has categorically ducked coming clear on the content of jurisdictional error, even though it has recognized that there are numerous difficulties when dissociating jurisdictional error from non-jurisdictional error.6Also, a jurisdictional error pops up if the individual making decisions does that outside the confines of the function and the discretion authorized by him or her or they also do something that is out of the discretion constitutionally. Secondly, is the availability of the alternative redresses that have different restrictions. For example, declaration and enjoinment form the important exemplifications. For instance, the High Court has declared that the Queensland Criminal Justice Commission has greatly come short of honoring the requisites of adjective justice in case mandamus being incorrect and certiorari telling the truth.7 In a stark contradiction to section 75(v), that confers legal authority while specifically referring to the redresses, section 75(iii) confabulates legal power with particular reference to matter in question. In the case of the High Court having jurisdiction as confabulated in section 75-iii, which is unlimited only to redresses uncommitted. As a result, the law court has the discretion to guarantee certiorari. The Court is powerful to accord certiorari, just as in section 75(v), even though the redress will only be accorded when helping a remedy, like a prohibition, that Court has the discretion to the accord. In this case, the court can accord cease and desist directives as well as make declarations.8 In the recent past, the High Court has been grounded against the intrusion of the merits of making decisions. Therefore curial reexamination is limited to the error or inconsistence of law. Consequently, the High Court exhibits a superficial perspective of what suffices for jurisdictional error. It is mostly bound to go astray into what amounts to reexamination. This forms the grounds unreasonableness stemming from the ruling of Lord Greene MR in the case of Wednesbury Corporation versus Associated Provincial Picture Houses Ltd. Also, the Court has previously trashed proportionality as a way of substantiating error of law. For instance, this is not the case in Britain where unreasonableness is substantiated by a wide range of proportionality. Subsequently, making the latter consideration to duly prevail. Even though the High Court is inflexible in constraining law reexamination to the inconsistence of law emanates in the separation of powers, to a great extent its unwillingness can b e associated with the significant degree of merits reexamination that is currently in place of Commonwealth level, Australia, and also via the Tribunal Administrative Appeals.9 As a consequence, while the Australian High Court can possibly remain negative and opposed to correcting the mistakes in the meritoriousness of determination, this is extremely rare that an error in interpreting the will take place in the absence of a remedy. Hence, the jurisdictional fault remains the basis for constitutional review. This is significant due to the fact that as the primary grounds for the issuance of constitutional writs, how it operates can never be overlooked by the legislature assembly due to the doctrine of separation of powers. Therefore, for the landmark ruling of The Commonwealth versus Plaintiff S157, the court conclusively ruled that an otherwise legitimate privative clause could not by any means intercept the courts discretion and jurisdiction to give constitutional writs.10 The lingering qualm for determining the link with High Courts established authority to issue constitutional writs regarding the jurisdictional fault is conterminous with a law error. An impact of the rulings of the High Court will tackle respective concern. All through, there is no important room of fault for the law that is exclusive of jurisdictional error has surfaced. However, with time, the two may be co-extensive because as of now this can be found in Britain. I feel that it is very unlikely that the High Court realize something it can refer to as an inconsistency in the error of law without identifying its redress.11 On the face of its jurisdictional error, is arrived at basing on the error or inconsistency in the law. However, the bone of contention is regarding its narrowness of the error. Consequently, the High Courts suits on juridical error happen to suit on fault or inconsistency of law. The common rules are applicable in incidences where executive action is not permissible or where the decision making individual comprehends the permission. They call for a fair hearing that is the impartial determinant as well as just litigation.12 The decision-maker is also called for to follow up on substantially important issues while avoiding and ignoring critical issues. The activity should involve applications, realistic, discretion and authority. Otherwise, depictions on the common laws requisites lean towards being items of powers that are generalized. It forms the basis for the for the High Courts need for the judicial review as of today.13 Australias Federal Court On the face of it, comprehending judicial review regarding the High Court prompts one to strive and understand the judicial review of the common law as regards to the Australias Federal Court. Firstly, section 39-B (i) as pertaining to the Judiciarys Act, re-ordains section 75(v) of the Federal Courts Constitution. Also, Section 39-B (1A) confabulates legal power and discretion on the Federal Court regarding matters that arise under the rules legislated by parliament. Apparently, the jurisdiction of the common law regarding the Federal Court is duly extensive just like the authority of High Court. There are qualms regarding the judicial review for common law applications in the Federal Court. It is regarding if has there been the law inconsistencies by the executive decisiveness-making organs.14 Administrative Decisions Act- Judicial Review Other than its discretion and jurisdiction to the common law, as a statutory juridical, the Federal Court undertakes judicial reexamination in line with the AD (JR) Act. There is a significant impact on the development of the juridical revisions like common law reexamination stemming from its discretion.15 To this effect, the AD (JR) Act effected the following: It got rid of the proficient requisites of the privilege writs of which reexamination was readily addressable for the fault of law simplifier. The redresses addressable were consequently extended. As a result, rules regarding to judiciary could have been greatly made easy. The AD (JR) ruled in the basis for arriving at a conclusion whether there is inconsistency. It put in place obligations that could ensure accountability by requiring that all decision makers should provide explanations for the kind of decisions they made or stances they uphold.16 Most significantly, the availability of basis of reexamination has often proved to be of no help unless the decision maker reasons on the basis of exposure to the prevailing circumstances. Actually, the basis for revision explained above is easily palpable as they restate the prevailing common law. For example, the West versus Kioa, Mason J observed that -the statutory grounds of reexamination as articulated in sections 5(1) are totally not new since they effectively offer a summarized reflection of the basis of which executive decisions are vulnerable to being challenged by common law. For this reason, in the case mentioned above, the court interpreted the procedural justice basis in section 5 like prescribed in the common constabulary.17 The increased presence to judicial rights revision at common constabulary, along with review privileges and statutory rights, has inescapably led to making decisions that make the two equal. Apparently, this is duly consistent with the Kioa vs West precedent ruling. In addition, the suitability of the affirmation of basis in the AD (JR) Act has inclined to exert determination in the grounds of the common law. Therefore whatever inclination to cripple the basis of reappraisal has to some degree been opposed by the fact that there exist the separate common law grounds, that are able to come up with and as a consequence of the ruling in section 5-1-j, which affirms this sort of decision is otherwise contrary and inconsistence with the law. However, it is slightly possible that the inflexible statutory affirmation that forms the basis, compounded by them being interpreted as retelling the common law, has oftentimes resulted in some degree of limitations in the development of the primary grounds for review be it in the common law, as well as beneath section five. The apparent unwillingness of Australias court system to adopt the need proportionality as the basis, while it is strongly based on the doctrine of the separation of powers and its relevant considerations, its apparent unwillingness to immerse into the world of merits, could be partly as a result of the existence of the basis for rationality, and seemingly lack of whatever conception that addresses proportionality in section five.18 The dividends of AD (JR) Act revision are hence unqualified. With the same in mind, it appears that gains are heavier than the damages. Despite the fact that it is untidy to harbor complemental reasons for judicial review that will involve a court, which will examine two propositions in any case.19In application, this doesnt add value to resources like time and the incurred cost but in future, it could. Justice cannot be guaranteed in a system where one platform will result in a redress while the other one will not even if the courts uphold the rule in each litigated scenario. Also, the AD (JR) Acts review shortcomings have stemmed from the shortcoming critique to any determination related to an executive quality arrived at within the confines of an enactment. As a result, some decisions are outwardly excluded despite them not affecting the reexamination of the common law. The resulting benefits could be; AD (JR) Act projects light over the executive decision-making process. Apparently, it could be a big mistake to presume that the bad side provided by the Act to its subsequent covering to judicial proceeding in the Court. Also, the act has a great influence the on initial step of decision-making since it forms the basis for primary decision-makers to follow. In this responsibility, due to its basic characterization of the basis and reasons for review, it is obliged to exert an important impact. This advantage should be extended to counsels who offer advice to clients due to the fact that it offers basic grounds for the advice. Therefore it is easy to say that without the developments in the ADs Act it would have been inconceivable to think changes in the administrative law.20 Also, the AD (JR) Act puts in place obligations that provide reasons that facilitate the interpretation and application of the judicial reforms just like in the AD (JR) Act reassessment. Apparently, the AD (JR) Act has come up with its independent law whose application lives regular. However, there is a controversy since applicants have formed a habit of framing their propositions alternatively under section 39B even though it breeds less real problems. Just like a negative dimension of the alternative claims, since justice can be guaranteed.21 These acts give more power in the redresses which can be allowed than the common law does. Particularly, erroneous determinations could be invalidated. However, the shortcomings stemming from the diversity of the jurisdiction are linked with little ADs Act existence but, with the legal requisite that it should be coexistent with the common jurisprudence juridical critique. It acts as a critical element in protecting the court systems role in the supervision of the executive decision-making process. Thus, to find a long term solution there needs to be the reforms to the common law for specific cases the statutory fails to provide a remedy as well as those that the legislation process limits juridical review be it by privative clause or not.22 Conclusion: In conclusion, any juridical reforms in this area are bound by the common law review. For a number of years, the Supreme Court of New South Wales has come up with judicial review jurisprudence to the common law.23 For instance, the most important precedent in the recent past that called for the need for juridical reforms is the Kirk v Industrial Court where the High Court ruled that as outlined by the constitution while recognizing the presence of the court which has supervisory discretion over administrative power. Such discretion is definitive of the courts when provided for in the law and could probably be intercepted by subsequent law making. There should be rectifications regarding the link between the two jurisdictions since the AD (JR) Act review seemingly has outlived its functionality with due consideration of the important and robust changes in the common law.24 References: 23Fong, C., Chiang, S., Australian Law Librarians' Group. (1986). Australian legal periodicals and loose-leaf services abbreviations. Sydney: Australian Law Librarians' Group. 24Vrachnas, J. (2006). Migration and refugee law in Australia: Commentary and materials. Cambridge: Cambridge University Press. References 1Sanders, W., Australian National University. (2013). Indigenous Australians and the rules of the social security system: Universalism, appropriateness, and justice. Canberra: Centre for Aboriginal Economic Policy Research. 2Lindell, G., Zines, L. (2013). Future directions in Australian constitutional law: Essays in honour of Professor Leslie Zines. Annandale, NSW: Federation Press. 3Tilbury, M. J., Davis, G., Opeskin, B. R. (2012). Conflict of laws in Australia. South Melbourne, Victoria, Australia: Oxford University Press. 4Opeskin, B. R. (2014). The Australian federal judicial system. Melbourne: Melbourne Univ. Press. 5Nolan, D. R. (2012). The Australasian labour law reforms: Australia and New Zealand at the end of the twentieth century. Annandale, NSW [u.a.: Federation Press. 6Lands acquisition and compensation. (2012). Canberra: Australian Gov. Publ. Serv. 7Opeskin, B. R. (2014). The promise of law reform. Sydney: The Federation Press. 8Australian Law Reform Commission. (2013). Gene patenting and human health: Issues paper. Sydney: Australian Law Reform Commission. 9In Young, S. N. M., In Tilbury, M. J., In Ng, L. (2014). Reforming law reform: Perspectives from Hong Kong and beyond. 10French, R. (2003). Reflections on the Australian Constitution. Annandale, NSW: Federation Pr. 11Sawer, G. (1975). The Australian constitution. Canberra: Australian Government Publ. Service. 12Saunders, C., Australia. (2003). It's your constitution: Governing Australia today. Annandale, NSW: Federation Press. 13Irving, H. (2012). To constitute a nation: A cultural history of Australia's constitution. Cambridge [u.a.: Cambridge Univ. Press. 14Lindsay, K. (2014). The Australian Constitution in context. Pyrmont, NSW: LBC Information Services. 15Attwood, B., Markus, A., Attwood, B. (2012). The 1967 referendum: Race, power and the Australian Constitution. Canberra: Aboriginal Studies Press. 16Williams, J. M. (2015). The Australian constitution: A documentary history. Melbourne: Melbourne Univ. Press. 17Nicholas, H. S. (2012). The Australian Constitution; an analysis, together with the Commonwealth of Australia Constitution act, the Financial agreement, the Statute of Westminster adoption act, the Constitution of the United States of America. Sydney: Law Book Co. of Australasia 18Mann, T. (2013). Australian law dictionary. South Melbourne, Vic: Oxford University Press. 19Crock, M. E., Myer Foundation. (2012). Seeking asylum alone: A study of Australian law, policy and practice regarding unaccompanied and separated children. Annandale, N.S.W: Themis Press. 20Australia. (2014). The Australian law journal reports. Sydney: Law Book Co. of Australasia. 21Top of Form International Congress of Comparative Law, Tay, A. E.-S. (2012). Australian law and legal thinking between the decades: A collection of 33 Australian reports to the XIIIth International Congress of Comparative Law presented in McGill University Montreal on 18-24 August 1990. Sydney, NSW, Australia: University of Sydney. Bottom of Form 22Haigh, R. A., Lee, P. Y., Deakin University. (2013). Researching Australian law. North Ryde, NSW: LBC Information Services. 23Fong, C., Chiang, S., Australian Law Librarians' Group. (2014). Australian legal periodicals and loose-leaf services abbreviations. Sydney: Australian Law Librarians' Group. 24Vrachnas, J. (2012). Migration and refugee law in Australia: Commentary and materials. Cambridge: Cambridge University Press.
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