Frankenstein :: essays papers

Frankenstein Victor Frankenstein as a Child Abuser In today's court I am going to convict Victor Frankenstein in many murders. He created a being that destroyed the lives of innocent people. Frankenstein never considered how such a creature with a horrifying appearance would be able to exist with humans. He didn't take responsibility for his creature; instead Frankenstein abandoned, neglected, and abused his creature. He never realized that the lack of parental love and guidance would lead the creature to a murderous path. Moreover, Frankenstein kept in secret his creature's existence and chose not to reveal it to his family and friends. By doing so, he jeopardized the lives of his loved ones and put them in danger. With my evidence and supports, I am going to prove that Victor Frankenstein, as a parent, is responsible for the creature's actions causing the deaths of his friends and family. By violating the laws of nature, Victor Frankenstein tried to discover "the cause of generation and life," and "became . . .capable of bestowing animation upon lifeless matter" (Shelley 68). Days and nights Victor was occupied with his experiment. He forgot about his family and could not see anything beyond his experiment. Victor said that he had "lost all soul or sensation but for this one pursuit" (70). He had "worked nearly two years for the sole purpose of infusing life into an inanimate body" (72). During these two years Victor became selfish and had no contact with his parents, Elizabeth and William, who were impatiently waiting for a letter from there loved one. In her letter to Victor, Elizabeth writes; â€Å"Yet one word from you, dear Victor, is necessary to calm our apprehensions" (68). Victor made the decision to give life to a being without considering the possible consequences of creating life. After "incredible labor and fatigue" Victor finally accomplished his goal. He created a life without any consideration and the only purpose for him was to have supreme power. Victor brought the creature into the world and did not accept his creation. Horrified by his creature, Victor abandoned him. Victor said: "Unable to endure the aspect of the being I had created, I escaped" (85). At this point we see how Victor rejected his responsibilities for his child.

Twilight: Movie vs Book

The Twilight saga is a fantasy book that became even more popular with the movie that came out two years after the book. Twilight is about a teenage girl that brings danger to her life by falling in love with an immortal vampire. The book is written by Stephanie Meyer who has written 3 more books to the series. Even thought that the movie â€Å"Twilight† was based on the book it had a lot of differences and there were a lot of missing parts.One of the biggest differences is that the book is written from Bella's thoughts; it is really she who narrates the situations she is in. The reader gets to be Bella in a way and you find out everything she thinks and feels about Edward. Although in the movie reflects on both Bella and Edward, by watching the movie you don’t get the same feeling as in the book. If there are some private thoughts of Bella that the viewer must know about, you get them in the context of the story; it feels almost like Bella is writing a diary.Another im portant difference is how Bella finds out that Edward is a vampire. In the book, the school they are going in is having a dance and because Bella is not really that in to dancing she and Edward decide to go to Seattle, but the don’t even go to Seattle instead Edward takes Bella to the meadow and tells her what he is and he reveals himself in the sunlight so that she can see that he is sparkling in the sunlight.In the movie they are in front of their school preparing to go to class and Edward decides to go to the nearby forest, Bella went after him and she confessed that she knows what he is, Edward was surprised and he tries to scare her by showing himself in to the sunlight so that she can see that he is sparkling. However the book and the movie have a lot of similarities as well. The family dynamics are described very well. In the book Bella’s mother Rene is very eccentric and she cares a lot about Bella, even though she does not get more than a few minutes in the mo vie, you can easily see her personality.It is the same with Bella’s father Charlie, he did not spend much time with Bella when she was little and the awkwardness between them is described well in the book and in the movie. Altogether both the book and the movie follow the same storyline. As I mentioned earlier the movie is based on the book twilight and it is hard to miss that, they have the same method and all the important characters. I would recommend to read the book first and then watching the movie because the small differences in the movie are significant as of course that depends from the viewers.

Interpersonal Communication Skills - 9471 Words

INTERPERSONAL COMMUNICATION SKILLS THAT ENHANCE ORGANISATIONAL COMMITMENT Mary Bambacas and Margaret Patrickson Abstract The purpose of this paper is threefold. First, to investigate the interpersonal communication skills that human resource (HR) managers expect managers in supervisory positions possess. Second, to identify which of these skills HR managers expect managers use to engender subordinate commitment to the organisation. Third, the paper aims to investigate what interpersonal communication skills that enhance employee commitment to the organisation are most lacking in managers in supervisory positions. Keyword(s): Interpersonal communications; Interpersonal skills; Job satisfaction. Introduction Over the last three†¦show more content†¦Relationships between superiors and subordinates, horizontal and informal communication and the personal feedback dimension form the relational dimension. Each dimension considers a number of skills simulatneously. For example, the â€Å"relationship to superiors† dimension measures skills such as â€Å"openness of superiors to subordinates as well as superiors ability to listen† (Downs, 1994, p. 115). The personal feedback dimension considered â€Å"superiors† understanding of problems faced on the job and the clarity of criteria judging employees (Downs and Adrian, 2004). It would appear that literature on communication has investigated general aspects of interpersonal communication rather than communication skills. A good example is the study by Brunetto and Farr-Wharton (2004). Brunetto and Farr-Warren investigated supervisor communication, corporate communication, personal communication and the communication climate of employees from three Australian private and public organisations. Few articles have considered specific interpersonal communication variables (Guzley, 1992; Heffernan and Poole, 2005; Henttonen and Blomqvist, 2005; Penley and Hawkins, 1985). Penley and Hawkins for example, considered communication responsiveness of supervisors (listening and responding to issues), and personal communication (discussed personal issues with subordinate) but more variables measured what information was exchanged rather than how it was exchanged. In addition, Guzley (1992)Show MoreRelatedInterpersonal Communication Skill Of Feedback983 Words   |  4 PagesThe interpersonal communication skill of feedback is essential for hospital nurses to give a suitable care to each patient because it enables the nurses to learn, and improve their motivation, performance and efficiency that assist to achieve their goal which is to help the patients heal. The interpersonal communication skill of feedback is a system of conveying information between two people regarding the receiverà ¢â‚¬â„¢s performance (Baker et al. 2013). In general, feedback is employed to deliver informationRead MoreThe Importance Of The Three Skills Interpersonal Communication Skills1850 Words   |  8 Pagesestablish the importance of the three skills interpersonal communication skills; listening, feedback, and questioning. Benefits of each of these interpersonal skills within the field of engineering were also stated. This report collected information from a range of peer reviewed sources and credible sources related to the field of engineering. This report has outlined a variety of benefits and explanations regarding the three interpersonal communication skills of listening, feedback and questioningRead MoreInterpersonal Communication Skills And The Math Class972 Words   |  4 Pages Interpersonal Communication Skills (BICS) observed in the math class. One of the first examples where I noticed BICS taking place was at the beginning of class time. As the students set up the ir desks and chalk boards, they were all loudly conversy about whatever they deemed fit. This is considered a BICS because the students were interpersonally conversing within the classroom about subjects related and unrelated to the math class with one another. For example, This BICS example wasRead MoreImportance of Interpersonal Communication Skills in Healthcare Professions1558 Words   |  7 PagesImportance of Interpersonal Communication sills in Healthcare Professions Interpersonal communication is a fundamental element to any healthcare interaction. First, second and third person communication skills are primary aspects of an interaction, encompassing both verbal and non-verbal communication skills. It will be argued that rapport building and questioning are vital interpersonal skills in a healthcare context and possessing the ability to ensue a positive relationship between a healthcareRead MoreThe Role Of Interpersonal Communication Skills For Development And The Process2009 Words   |  9 Pagesreport. Although Collaborative Communication Competence Scale (CCCS) could gave me the result of my communication problems, but it did not provide satisfactory understanding or clarify the reason why they thought that I needed to practice those skills. As Purhonen, Rouhiainen-Neunhà ¤userer and Valkonen (2010) explained that ‘this kind of measurement seemed to be influenced by the cultural, individual and relationships specific factors such as t he variety of communication goals or shared experiences ofRead MoreThe Importance Of Interpersonal Communication Through The Implementation Of Listening, Feedback And Questioning Skills1270 Words   |  6 Pagesbenefits of interpersonal communication through the implementation of listening, feedback and questioning skills. This report additionally addresses recommendations in regard to the effectiveness of interpersonal communication skills being employed as an Events Coordinator. This report was authorized by the Professional Conference Organisers (PCO) representing the interests of event coordinators, managers and planners Australia wide. 1.2 Scope and Methodology The interpersonal communication skills of listeningRead MoreAnger Response Inventory To Evaluate The Effect Of Shame And Guilt On Interpersonal Communication Skills746 Words   |  3 Pagesthe anger response inventory to evaluate the effect of shame and guilt on interpersonal communication skills. American Journal of Health Education, 35(3), 152-157. DOI: 10.1080/19325037.2004.10603631. Introduction/ Purpose: We know that positive interpersonal skills are good and teaching those skills is important (Joint Committee on Health Education Standards, 1995). Shame is related to negative reactions in interpersonal conflicts (Balcom, 1991), and has contributed to mental illnesses like depressionRead More Communication and Interpersonal Skills1495 Words   |  6 Pagesassignment is to critique a role play, and look at the positive and negative, that relates theory and knowledge regarding the use of communication and interpersonal skills, and how and when to use verbal, non-verbal and Para-verbal communication within the role play scenario that was chosen. The author will also discuss the different models of Communication, and how they use a person centred approach to counsel and interact, and how best to handle and approach a situation in the correctRead MoreInterpersonal Communication And Communication Skills976 Words   |  4 PagesInterpersonal Communication is inevitable; we cannot go through our lives without interacting with another person. Our daily interactions with others can form new friendships, strengthen our relationship with our partner, or even attain new ideas that we otherwise would not have known of if we never interacted that person. While some of our daily interactions may only be impersonal communication, or interacting with someone based on their role, such as a sales clerk, interpersonal communication helpsRead MoreInterpersonal Communication And Communication Skills Essay1785 Words   |  8 PagesThere are many aspects of interpersonal communication that one must be able to manage with proficiency in order to be considered a competent interpersonal communicator. These aspects have been divided into six different categories including appropriate, effective, adaptable, conversational involvement, conversational management, and empathy. The table below indicates my personal scores in each of those six areas, and following the chart is an in-depth analysis of appropriate, effective, conversational

Abortion - 942 Words

Abortion Thou shall not murder is one of the Ten Commandments from the Bible. Is a mothers right to choose considered murder? Several states in our country still allow the capital punishment for criminals who have committed heinous crimes. We, as a nation however, have moved on to the innocent and the unborn. It seems that our culture in todays time is strictly based on convenience. So why shouldnt terminating pregnancies be the same as committing murder? First of all, I would like to provide some interesting facts on abortion. Abortion became legal in the United States in 1973 with the landmark decision in Roe versus Wade. According to the Centers for Disease Control (CDC) and the Guttmacher Institute (AGI), there were 1.21†¦show more content†¦A recent Justice Department report concluded that pregnancies which resulted from rape was 1 to 2 per 1000. This translates into an overall total per year of 170 to 340 in the entire United States. I realize there are many emotional consequences when a woman is raped but adoption remains open as an alternative to abortion. Secondly, there are a number of different reasons why a woman may consider or want an abortion due to medical issues. It may be that the pregnancy is endangering her life or that the fetus has abnormalities which can result in death or living a complicated life. In the case of the woman whose life may be endangered, this would be the ONLY time I would consider abor tion to be an alternative. This would be considered a therapeutic medical abortion and if it was a given fact that the woman would die, then I feel an abortion would be indicated. In the case of the fetus having abnormalities, it is my opinion that the woman should carry the fetus to term. There are so many medical advancements in today’s world that there could be a chance that the infant could live a close to normal life. Additionally, adoption is still an option in this case as well. According to AGI, there are waiting lists for people wanting to adopt infants of all races, disabled children and children with Down’s Syndrome. In closing, in today’s society of convenience, abortion has become a common place practice. We, as a nation, shouldShow MoreRelatedAbortion : Abortion And Abortion998 Words   |  4 PagesAbortion Abortion is defined in several ways all of which stop a pregnancy. There are different ways of abortion, which are spontaneous abortion, surgical abortion, and medical abortion. Abortion has been arguable topic for decades. One can neither believe abortion to be good nor bad. The idea of individuality and human life is not quite the same. Idea of human life has come from conception; simultaneously on the other hand, fertilizer eggs used for in vitro fertilization are also human lives butRead MoreAbortion : Abortion And Abortion Essay921 Words   |  4 PagesPaper: Abortion Laws The topic of abortion is a widely debated and very heated topic in Texas. The Republican party’s platform supports family values and are completely against abortion under any circumstances, including abortifacients. The Democrat party’s platform supports the rights for women to make choices about their own bodies. They support abortifacients and a person’s right to have an abortion. There is also a large percentage of those that are in the middle in that they believe abortion shouldRead MoreAbortion, The, And Abortion998 Words   |  4 PagesIn the United States there are more than a billion abortions performed each year. Since the court case Roe vs Wade in 1973 more than 56 million babies have been murdered in the United States before they had the chance to take their first breath (Snyder, Michael). These statics along with many more show the huge injustice that is happening in the country I call home. Abortion is defined as the removal of an embryo or fetus from the uterus in order to end a pregnancy. It can include any of variousRead MoreAbortion : Abortion And Anti Abortion1624 Words   |  7 Pagesa very large controversy between the ideas about abortion and anti-abortion. Different religious views, beliefs, peoples many different customs and even people of different cultures all have their own preferences and ideas on the take of this political issue. Views against abortion can lead to as much of an impact as a violent/non violent riots outside of an abortion clinics, to something as simple article in the newspaper. The belief on abortion that leads to a lot of the controversy is that inRead MoreAbortion, The, And Abortion Essay1656 Words   |  7 Pages An abortion is when the pregnancy of a women is ended; it is called sometimes Termination of pregnancy. There are two types of abortion. The first type is the spontaneous abortion; it occurs within the first two months. What causes it is frequently unknown yet is probably the results of intra-uterine contamination, or limited attachment in the building unborn child to the interior coating walls in the womb (uterus). Such conditions this unborn child, if the idea advances further, mayRead MoreAbortion, The, And Abortion953 Words   |  4 Pagesdebates that is constantly talked about is abortion. When it comes to abortion, the laws vary depending on the state you live in. Whether people support or are against abortion, few actually know about the abortion process. Have you ever heard of suction aspiration or prostaglandin chemical abortion? Those are two of the various methods that are performed in the different trimesters of pregnancy. According to writer Steven Ertelt of Li feNews.com, Oklahoma’s abortion laws are restrictive compared to otherRead MoreAbortion : Abortion And Abortion1930 Words   |  8 PagesAbortion has been around for quite some time. Laws have been set allowing it and banning it during different periods of time. The procedures that can be done are all very different. There is a medical abortion involving drugs and there are surgical abortion involving a more invasive procedure. There are also different points of view on it. There are those who fully support the termination of a pregnancy and those who are completely against it. There are many factors to consider and very differentRead MoreAbortion And Abortion2038 Words   |  9 PagesMostly seen as a religious issue, abortions are anything but that. Biology and science are the only deciding factors when it comes down to it. Science is the only thing that can prove whether an unborn child is living; no religion can do that. Through modern science and technology, it has been proven and well documented that human life does in fact begin at conception. The scientific evidence also contradicted the court ruling in the Roe v. Wade case, where it was stated that the Court could notRead MoreAbortion : The Fight For Abortion1543 Words   |  7 PagesAlthough abortion was decriminalized in 1973, the fight for abortion rights did not end with Roe v. Wade. Just in the past three years, there have been systematic restrictions on abortion rights sweeping the country sate by state. In 2013, 22 states enacted 70 antiabortion measures, including pre-viability abortion bans, unnecessary doctor and clinic procedures, limits on medicated abortion, and bans on insurance coverage of abortion In 2011, 92 abortion restrictions were enacted, an in 2012, thatRead MoreAbortion : The Issue Of Abortion1212 Words   |  5 PagesThe topic of abortion has been an ongoing debate for many years. According to ProChoice.org, abortion was legal in in the days of the early settlers . At the time that the constitution was adopted abortions were legal. Abortions were openly advertised and performed before the first fetal movement (13-16 weeks from the start of a women’s last period). The concern for abortion started in the late 1800’s when immigrants were coming into the country in large numbers and the fear was that they would produce

The Freedom Of The Free Love Movement Essay - 1582 Words

As society moved from agrarian to industrial, the sexual ideology was heavily influenced. During this period, the need for children to help maintain farmland was no longer necessary. Cities emerged and reproduction slowed. This period was a major turning point for the dominant meaning of sexuality; thus it has great significance. D’Emilio writes about this changing sexual ideology when he states â€Å"especially within the middle class, sexual desires had become increasingly fused with a romantic quest for emotional intimacy and even spiritual union† (84). Sexuality no longer held strong ties to procreation and soon sex became more for pleasure. Furthermore, women now had some choice of whether/when they wanted to have children. The free love movement was one of the many social groups that challenged the sexual ideologies of their time. However, free love holds great significance in that their message soon became the â€Å"middle-class sexual ideology† (D’ Emilio 165). Their message was that â€Å"neither church nor state should limit the expression of sexual ideas and feelings; whether in private or public† (D’Emilio 156). They believed that ones sexual expression should be up to that individual. Free lovers challenged the dominant ideology at that time and pushed boundaries of religion and politics. Marriage during the colonial period was closely linked to reproduction due to the heavy influence religion had on European settlers. However, as they became introduced to NativeShow MoreRelatedRonald Reagan s Address At Brandenburg Gate1451 Words   |  6 Pagesafter reading this address, that statement is easily understood. After the end of the Nazi Regime and the end of World War II, Europe had been left in separated colonies dictated by politics. In turn, President Reagan hoped to create more democratic freedom in Eastern European Countries. On June 12th, 1987, President Ronald Reagan stood before the entire world and called on the Soviet leader, Mikhail Gorbachev, to open the Brandenburg Gate. The â€Å"Address at Brandenburg Gate,† was one of President ReagansRead MoreCounterculture Movement Essay1438 Words   |  6 PagesJohn Lennon of the famous rock band, The Beatles, once said, â€Å"If everyone demanded peace instead of another television set, then there’d be peace†. This quote essentially defines the 1960s and the counterculture movement in America. After WWII people had much more free time than they did during the war, and many people decided that they wanted to settle down and start a family. This caused a large boom in child birth. The children born during this boom are known as â€Å"baby-boomers†. â€Å"Due to the babyRead MoreAnalysis : 30 Love The Lord Your God With All Your Heart 1326 Words   |  6 PagesBrayden Allen English 2 Mrs. Walker 21, February 2017 Rough Draft ​â€Å"30 Love the Lord your God with all your heart and with all your soul and with all your mind and with all your strength.’[a] 31 The second is this: ‘Love your neighbor as yourself.’[b] There is no commandment greater than these.† Mark 12:30-31. The bible says that we shall love our neighbor as our self however it seems like we forget to apply this verse in our life now, but even more so in the topic of my paper. Throughout this essayRead MoreEssay on The Grateful Deads Effect on Counter Culture 973 Words   |  4 Pagesï » ¿Jacqueline Smudzinski Thinking and Writing 1302-60 Bouchard September 29, 2013 The Grateful Dead â€Å"You’ve got to listen to the heavens, you got to try to understand. The greatness of their movement is just as small as it is grand.† Most young adults of my generation do not know who The Grateful Dead are, but they unknowingly dawn the apparels and slang created in the counterculture of the bands following the Deadheads. The band, The Grateful Dead, became popular in the 60s and carried out wideRead MoreAnalysis Of Martin Luther King Jr And James Baldwins Contribution To The Civil Rights Movement1456 Words   |  6 Pageswant my freedom, I want my freedom, I want my freedom.† Meant that during the time African Americans where tired and didn’t care what happened to them. The United States citizens thought the war will never end and it gave the minorities, such as Muhammad Ali, back at home something to hold the country accountable when they were fighting for their rights and freedom. Throughout the Story The Fire Next Time, James Baldwin emphasizes where he was coming from when the Civil Rights Movement took in effectRead MoreGame for Boys or Girls1254 Words   |  6 PagesJenkins essay â€Å"‘Complete Freedom of Movement’: Video Games as Gendered Play Space† convinced me that 13 years ago there was gender segregation in the digital world of video games on who the games where made for, girls or boys. From my 15 year of experience playing hundreds of video games I never thought of games being gender biased till now. To me girls didn’t play them because they were just not into video games and would rather play with dolls. Jenkins states that traditional culture in video gamesRead More The Powerful Ideal of Freedom Essay1484 Words   |  6 PagesThe Powerful Ideal of Freedom Developed in Harriet Jacobs’ Incidents in the Life of a Slave Girl, Blood-Burning Moon, by Jean Toomer, and W.E.B DuBois’ The Souls of Black Folk Slavery played an overwhelming role throughout the history of the United States. The riches created by the unpaid labor of African Americans helped to guarantee the country’s industrial revolution and succeeding economic strength. Yet, that wealth created incredible political power for slaveholders and their representativesRead MoreEssay on The Awakening1358 Words   |  6 PagesPontellier, and Mademoiselle Reisz in the novel The Awakening, by Kate Chopin. They shaped America into a place where freedom and equality for women is possible. Although the three women were different, they all contributed to different aspects of the feminist movement. Each character represents a distinct type of woman that strongly relates to the progressive stages of the great feminist movement in America. The female character, Madame Ratignolle, simply represents a true woman, who is everythingRead MoreFreedom Essay1037 Words   |  5 PagesFreedom does not mean license, but the wisdom to choose what is right for oneself ‘Freedom’, be it from fellow humans, prevalent customs, way of life or society, is a word that symbolises man’s intrinsic nature and individuality. It is a feeling that has been experienced and expounded differently by different people: freedom- the ultimate goal of thousands of revolutions, the ideal that inflamed the minds of myriads of nameless, faceless people and their illustrious leaders. Battles for freedomRead MoreThe Freedom Of Freedom, And Self Actualization As An Individual934 Words   |  4 Pagesrequired for an individual as he exists in society to be free, we must first understand what freedom is. In synthesizing ideas from the texts studied this semester, thus far, I have arrived at the conclusion that freedom can be described as the ability to pursue activities that fulfill oneself, and contribute to our own happiness, and self-actualization as an individual. To say that freedom can be â€Å"defined† would imply placing limits on freedom, and would be counterintuitive. Erich Fromm states that

Business Law Of ASIC v Hellicar [2012] HCA 17 †MyAssignmenthelp.com

Question: Discuss about the Business Law Of ASIC v Hellicar [2012] HCA 17. Answer: In ASIC v Hellicar [2012] HCA 17, the appeal made by the Australian Securities and Investment Commission was unanimously upheld by the High Court. This appeal was made in the text off the civil penalty proceedings that have been initiated against the 7 nonexecutive directors of the James Hardie Industries Ltd. It was found by the court that all these directors have breached their duties that they were required to follow in accordance with s. 180, Corporations Act, 2001 as they had failed to exercise due care and diligence by acting as the directors of the company. The brief facts of this case are related with the attempts made by the James Hardie Industries Ltd. (JHIL) as the company tried to separate two wholly owned subsidiaries. The names of these two were James Hardie Coy Pty Ltd and Jsekarb Pty Ltd. Both of these companies had to face the claims for damages due to the personal injuries suffered by the individuals who had come in contact with the asbestos products of these compa nies. In order to achieve the separation of these two subsidiaries, JHIL was going to establish a foundation, the MCRF that was going to manage and pay the claims for the diseases related with asbestos. This foundation was also going to conduct research regarding the causes and treatment for the disease is caused by asbestos. The two subsidiary companies, Coy and Jsekarb were going to make a deed of Covenant and indemnity with James Hardie Industries Ltd. According to it, these two companies would make no claim against and indemnify James Hardie regarding all its liabilities related to asbestos claims. In return, James Hardie was going to pay an amount of money to these two companies over a period of time. In this way, it was decided that a new company was going to be incorporated in the Netherlands under the name of James Harvey Industries NV. This company was going to become the immediate holding company of James Hardie Industries Ltd. as well as the ultimate holding company of th e group. Under these circumstances, the board of James Hardie Industries Ltd. met on 15 February, 2001. The purpose was to consider the proposal of separation. The events that took place at the meeting of the board were the subject of the eventual proceedings at the High Court. A number of matters were recorded at the minutes of the meeting. These matters are related with the separation proposal. A resolution was also passed by the board of the company in this meeting. This resolution provided that it is in their best interest of the company to effect the separation of Coy and Jsekarb. At the same time, several other resolutions related with the separation were also passed. It was also said in the meeting that sufficient funds were available with the foundation, MCRF to deal with all the legitimate claims of compensation that can be anticipated in future. It was also stated that the directors of the company had determined the level of funding. That was needed by the foundation and they were s atisfied that the foundation has sufficient funds available with it. However, ultimately it was found that sufficient funds were not available with the foundation, MCRF. It was discovered during the trial and by the Court of Appeal that when these statements were made in February, 2001, it should have been clearly known to the directors of James Hardie that the statements made regarding the availability of funds with the foundation were in fact misleading. However, this was not the issue before the High Court. On the other hand, the main issue before the High Court was if it should have been found by the Court of Appeal, as it did, that the ASIC had failed in establishing that a draft of announcement made by the company to the ASX had been tabled at the meeting of the board, held in February, and it had not been established that the draft had been approved by the directors. On the other hand, the directors of the company argued that the draft announcement was not tabled at the board meeting held in February.. For this purpose, they impugned the accuracy of the minutes of the meeting. However, this contention of the directors was rejected by the High Court. In fact, the Court noted that the "arguments of the respondents that the February and April minutes of the meeting were false, in relevant respects, were the arguments, if accepted, may go to the extent of demonstrating that the respondents had failed to take the steps that are necessary for making sure that the minute books of the company were in fact, not false or misleading". It was held by the High Court that finding out the presence of other inaccuracies in the minutes did not result in establishing that the relevant parts of the minutes were not accurate. It is not necessarily implied by the fact that the minutes of the meeting were prepared in draft before the meeting was held, that these minut es did not provide a true record of what has taken place during the meeting. Even so, subsequently the boat and adopted the minutes as the true record of what has taken place. Another major issue present before the court was related with the failure of the ASIC in the Court of Appeal to call Mr. Robb, the external solicitors of James Hardie, as a witness as he had attended the meeting. While it was indicated by the Court of Appeal that a duty was present on part of the ASIC to call Mr. Robb, this was rejected by the High Court. It stated that neither the source of a duty of this nature, not the source of the rule, that has been claimed to be applicable in case of the breach of such duty, has been sufficiently identified by the Court of Appeal or in the arguments made before this Court. Ultimately, the court stated that by not calling Mr. Robb by the ASIC, there was no unfairness caused to the respondents or to the other defendants. In this way, the judgment delivered by the Court of Appeal was overturned by the High Court that ASIC could not satisfy the burden of proof that the draft announcement made to the ASX was tabled and approved during the board meeting held in February, 2001. The Court stated that the minutes of the board meeting for the formal record of what has occurred during the meeting, and therefore, need to be considered as the evidence of the truth of the matters that were recorded by them, particularly that a draft ASX announcement has been tabled and approved in this meeting. It was also helped by the court that the submission made by the respondents. According to which the minutes were inherently unreliable due to the fact that they had been prepared before the board meeting took place in February, and there were several inaccuracies present in these minutes, had been rejected by the High Court. It was stated by the Court that it would be "too great a coincidence" that not even one person who was present during the April meeting, in which the minutes of the February meeting with adopted, could notice that there was a resolution presented in these minutes, which to their knowledge, was not passed. Therefore, the High Court stated that in view of the case made by the respondents themselves, this would have been a glaring blunder or even worse than the blunder that a vitally significant resolution had been recorded, which never took place. Moreover, evidence was present with suggested that the draft announcement made before the ASX was circulated during the meeting as it was found by Mr. Robb, as well as revealed by the files of BIL Australia Pty Ltd., which has a large shareholding in James Hardie and two nonexecutive directors who were closely associated with this company, were present at this meeting. A similar view was taken by the High Court regarding the announcement made to the ASX itself by the company. The court noted in this regard that while some differences were present between the draft that was held to be tabled during the meeting of the board held in February, the amendments that have been made to this draft announcement were properly described as being textual instead of being substantive, were not substantial, and the misrepresentations that have been made in the two, were the same. It was stated by the High Court that, "whether a deed that has been exhibited later on or an announcement that has been published later on, is the document that has been approved by the board, needs to be decided with the help of more than a little comparison between the two texts. It is possible to correct some slips and errors (ASIC v Rich, 2009). There are some cases, where it is possible to adopt a better but different wording. Hence the court stated that only due to the fact that som e small changes have been made, would at worst, "reveals no more that the individuals who made these changes did not have the authority to do so and in this case, it does not reveal that the company had not approved the draft announcement made to the ASX. Another factor was noted by the High Court in its decision was that when later on, the ASX announcement had been circulated, none of these persons had protested or demurred as to the terms of the announcement (Morley v ASIC, 2010). The court held this fact to be consistent with the finding that the board had approved the draft announcement made to the ASX. Regarding the 'novel' finding of the Court of Appeal that as a result of the failure to call Mr. Robb, the cogency of the evidence produced by the ASIC has been diminished, while it was admitted by the ASIC that a general obligation was present on its path to act fairly, it was held by the High Court that the Court of Appeal failed to identify the source of such duty to call particular evidence. Similarly, the source of the rule that was plain to apply in case of the breach of such duty was also not identified. The High Court stated that even if such duty was present, it can be expected that the remedy would be present either in th e primary judge directing the ASIC to cause avoidable with this or to say the proceedings, until the same was done by the ASIC, or if the trial had gone to verdict. In an appellate court, considering if there was a miscarriage of justice, which required a retrial. In this way, the High Court had rejected the reliance of the Court of Appeals on the principles provided in Blatch v Archer (1774) (where it was held that goes against needs to be considered in accordance with the proof that was in the power of a party to be produced) and also Jones v Dunkel (1959) (where it was mentioned that any unexplained failure in calling evidence allow the court to comfortably draw an inference that was in favor of the opposing party, where such inference was otherwise available on evidence). The High Court noted that the case of the ASIC did not rely on the inference but it depended on the direct evidence that was present in the form of the minutes of the board meeting held in February, 2001. The judgment of the High Court supports the broadening focus of the regulators on the performance of nonexecutive directors and the senior executives who are below the board level (ASIC v Macdonald (No 11) (2009)). More importantly, as a result of this decision of the High Court, the application of objective standard of diligence imposed on the directors and other officers of the company has been reinforced. References ASIC v Hellicar [2012] HCA 17 Australian Securities and Investments Commission v Macdonald (No 11) (2009) 256 ALR 199 Australian Securities and Investments Commission v Rich [2009] NSWSC 1229 Blatch v Archer [1774] 1 Cowp 63 Jones v Dunkel (1959) 101 CLR 298 Morley v ASIC [2010] NSWCA 331 Legislation S 180, Corporations Act, 2001 (Cth)

Mike Jaeger Essays - Roswell UFO Incident, , Term Papers

Mike Jaeger Persuasive Essay December 16, 1997 U.F.O., extra terrestrials and aliens do they really exist? Is there a government conspiracy? Why can so many people swear to have been abducted or seen flying saucers and all describe the same thing and be wrong? For many years people have been fascinated with creatures from other planets. Many shows and movies have these types of subjects, such as, ""X-Files,"Men In Black," "Independce Day," "Star Wars," and a classic , "E.T." There have been many sightings, for example, the Roswell incident, over 50 years ago. Little men with a round, bald head, beatty eyes, 3 feet tall, that hover 2 feet above the ground, is the most commonly described alien. Can there really be other beings capable of reaching the planet earth? Many people would say "There are no such things," like Cory stated, because of some insignificant reasons. For example, there is no type of fuel on this planet or is known by humans to have the capabilities of taking something from one galaxy to another, but aliens are not on from the earth and where they come from such a fuel may be readily available for them to use. Many others like to say that U.F.O.s have not been pictured or documented, or that really people are say it is just mearly swamp gas, or possibly a weather balloon. The claims of sightings comes from ordinary people and are in perfect mental health. Mrs. Engler, one of my friends mother, believes she saw a U.F.O. one night, and when she told her husband what she saw, he thought she was crazy. The next morning, however his mind changed when he saw a pictured of what Mrs. Engler was describing. Another excuse some people like to say is that these sight ings are mearly just hoaxes to occupy the minds of the citizens set up by the government to coverup some other kind of scandal. Realistically, it would be nearly impossible to pull of these kind of stunts for so many years and never get caught. On July 3, 1947, rancher W.W. "Mac" Brazel came across the wreckage of a crashed craft on one of his sheep pastures.(2) He showed the strange debris to some neighbors, then alerted the sheriff in Roswell. Over the next few days, the U.S. Army Air Force cleared away the wreckage, and on July 8 issued a press release identifying it as a crashed flying saucer. The next day, the government said it had been mistaken; it was actually a crashed weather balloon. This summer, Roswell marks the anniversary of the crash and 50 years of mystery, investigations, government secrecy, conspiracy theories and allegations of cover-ups.(1)