Deprived of education Essay

From a very early age I have cherished a desire to work for the betterment of children. I hail from Iran and in my life I have witnessed many instances where children are deprived of education and even necessary means of sustenance. Most of these children do not get any emotional support while they are forced to lead a challenging life amidst a harsh social environment. Within my home country social organizations lack sufficient power so they are unable to make much difference to the lives of those children who have been adversely affected by some unprecedented events. Not many opportunities exist in Iran for some one who is dedicated to making child care a career so I have come to the U. S. A in order to gain academic skills that can be applied to the betterment of children, whilst I am pursuing my studies I intend to gain some practical hands on experience in various fields related to child care and child development. I possess some prior work experiences which have some commonalities to the internship programme of the Family Stress Centre. I have worked as student assistant at Santa Monica University. Amongst the various responsibilities that were given to me I was assigned a task which required me to help children learn with the aid of computer software. I am presently working at preschool as a an assistant teacher, at the preschool I have worked with children in the age group of 3 to 5 years, I have also worked with disabled children. I have been working at the preschool since January 2008. My superiors at my present and previous organizations have approved of my work. I am fully committed to constantly improving my performance at work and I ensure that any work that is delegated to me is completed to the satisfaction of the clients and my superiors. I have graduated from Santa Monica College; at college I have done courses such as Child Development Professional, Family and Consumer Studies, Play and Human Potential, Music and literature for children etc. I have found that these courses had enormous practical implication and I have successfully applied my theoretical knowledge in my work. The Family Stress Centre will offer me opportunities to acquire new skills and enable me to practice the theoretical skills that I have acquired as a part of my Child Development Professional course at CSUN. I already possess people skills that are necessary for a position such as this. Additionally I have prior experience of worked with children I have also worked with physically challenged children. Since Family Stress Centre offers counseling services my experience as an assistant teacher will help me to quickly acquire counseling skills.. I am confident of the fact that if selected for the internship I will work with dedication and commitment because I have dedicated my life for the betterment of children.

Three Varieties of Knowledge- a Critque

Donald Davidson- Three Varieties of Knowledge Submitted By: Nathan Copeland- 500349268 Submitted to: Prof. Checkland PHL550 April 15, 2013 In Donald Davidsons Three Varieties of Knowledge, he sets out to more or less prove that â€Å"A community of minds is the basis of knowledge; it provides the measure of all things. † (Davidson, 218). This is done by first categorizing knowledge into three distinct categories. There is knowledge of ones own mind, knowledge of another’s mind, and knowledge of the shared physical world around us. He argues that no one could exist without the others.According to Davidson, knowledge of ones own mind differs from the other two types of knowledge in the sense that one knows the contents of their own mind without any study or evidence in most cases. On the other hand, the minds of others and the physical world may only be interpreted through the senses, at least initially. He also notes that certain aspects of our physical world can be inte rpreted almost instantaneously, our example being distinguishing colours, while many aspects of another’s mind contents are done through physical observation of actions and words, which we then reconcile with our own knowledge to make inferences.This makes the latter two types of knowledge open to a degree of uncertainty that is rarely experienced in matters of your own mind. He also acknowledges the asymmetry that is apparent between coming about knowledge of our own minds and knowledge of other minds. They are both minds, yet we come to understand our own in a very unique way. He criticizes the solution that the actions and behavior or others is sufficient for inferring certain mental states to others, but those same actions and behaviours carried out by our selves are irrelevant when we attempt to describe ourselves.An issue being- If both types of knowledge come about so differently, how can we believe that others mental states are comparable to our own. He sets out to pa int a picture that includes all three types of knowledge, and shows how they are related in hopes of solving these issues. Davidson claims that â€Å"what we could not do is get along without a way of expressing, and thus communicating, our thoughts about the natural world† (Davidson, pg. 208). He also proposes that in order for a creature to have a belief, they must also posses the idea of objective truths.He then draws on Wittgenstien to say that â€Å"the source of the concept of objective truth is interpersonal communication† (Davidson, pg. 209). This is based on the assumption that thought cannot exist without language. Davidson argues that without the distinction between objective truth and what one thinks to be the case, there is no thought at all, and since there cannot be objective truth without the confirmation on the correct use of words through communicating, there cannot be thought without communicating, in his example language.It is argued that in order f or communication to work, the speaker and interpreter must share an understanding of what is meant by what is being said. Davidson then uses an example of how one would go about learning a new language to illustrate how we come about having an understanding of the words we use. In this case, we assign words and sentences we know in our native tongue to the utterances and actions made by a foreign speaker. With trial and error we come to understand what is meant by these utterances and how they relate to ‘reality’.This process of connecting ones own thoughts with the thoughts of another through some aspect of the external world is regarded by Davidson as triangulation. â€Å"it takes two points of view to give a location to the cause of a thought, and thus define its content† (Davidson, pg. 213). He believes this to be the only way that one can know another’s mind or the external world, making the two mutually dependent. He points out that there is the limi tation of perception at play here, with no way to look in from outside the standard to see if its write, but we may consult a third and forth party and so on to lessen the chance of an error being made. Davidson, pg. 217) Davidson then goes on to say that â€Å"knowledge of the propositional contents of our own minds is not possible without the other forms of knowledge, since there is no propositional thought without communication† (Davidson, pg. 213). Furthermore, knowledge of others cannot be inferred unless we have knowledge of ourselves, as the process of coming to know another’s mind is done by matching evidence from others behaviour to our knowledge of our own, thus showing that knowledge of our own minds and others is also mutually dependent.He acknowledges that there are a great deal of possible ways that we could assign our native language to the language and behavior of another to come about an understanding. He relates this to the measurement of weight in th e sense that no matter what system you use for measurement; kilograms, pounds ounces, etc. , the invariable factor, in this case the actual weight of the object, is the fact of the matter, not the arbitrary units of measure. His point is that there will likely always be indeterminacy in our translations, but we will often get the general idea.He also believes that there are no strict laws that connect mental states with physical ones, stating that such laws can exist â€Å"only when concepts connected by the laws are based on criteria of the same sort† (Davidson, pg. 215). This all leads to the fact that we will never be able to agree on how sentences and thoughts should be structured to describe other sentences or thoughts, as the very process of discussing how we would do this is ultimately done with the very thoughts were discussing, leaving it perpetually open to interpretation.As such â€Å"A community of minds is the basis of knowledge; it is the measure of all things. It makes no sense to question the adequacy of this measure, or to seek a more ultimate standard. † (Davidson, pg. 218). Analysis I agree with the general idea of what Davidson is saying, with a few exceptions. I would agree that ‘advanced’ knowledge can only come about with the all three types of evidence, but I also believe that basic knowledge can be acquired by just a person and the observable world. Suppose I live in a world with no other living creatures.I have no formal language. If I walk across a bed of sharp rocks, my nervous system will say â€Å"ouch†, and it wont take long to figure out that sharp rocks hurt my feet. I am aware of this with no need to confirm with another. I am also in contention with the idea that â€Å"language is essential to thought† (Davidson, pg. 209). My dog ‘thinks’ its going for a walk every time I put my boots on. I suppose that may be considered language, or some may argue that my dogs actions hav e no thought, but it seems to me that to make such a claim demands more evidence.I also had an issue with the claim that â€Å"enough in the framework and fabric of our beliefs must be true to give content to the rest† (Davidson, pg. 214). Although I agree that ‘enough’ of our beliefs are true, I don’t see this as a necessary condition. What if everything we think is wrong, or we’re a brain in a vat. The claim is overly definitive for my liking. Going back to my ‘only creature’ idea, I find the statement â€Å"there is no propositional thought without communication† (Davidson, pg. 213). Perhaps on this lonely planet I have a rock, which I am in love with.I may possess the thought, as primitive as it may be, that I love this rock. We don’t communicate, but the thought remains. This may be argued as a feeling, not a thought, but I’m not sure I know the difference. Finally, I have another idea that is in opposition to Davidsons claims, although I’m not sure if I believe it myself. He seems to think there are three distinct categories of knowledge, with knowledge of ones self coming mostly from inside, and knowledge of the world and others minds coming indirectly.My idea is this; all of the thoughts, behaviors, desires etc. , of any living creature is merely a manifestation of very complex processes happening in our brains. Our brains are chemicals and axons and neurons and much more that we are not 100% about. I’m proposing that theoretically, if we can observe the brain all the way down to each and every atom, we could see how your brain looks for any given idea, memory, feeling, and document the physical state relating to each and every instance.The only difference between the three states is how we go about knowing them, and with this theory we could even come to know our own minds without having to think internally about how we feel, but by merely observing our brains. Tying thi s back to my ‘alone in the world’ scenario, if I had the capability to observe my own brains inner workings while feeling the mental manifestations of such neurological reactions, I could correlate the pictures with feelings the ame way we correlate others words with objects in the world. If I became well enough versed at this, I could then look at the brain of someone else whom I’ve never seen, and come to know their mind as well. This theory is in contradiction with Davidson’s statement that there are no strict laws that connect mental states to physical ones, but even he acknowledges that this topic â€Å"has understandably been found inconclusive by critics† (Davidson, pg. 216), myself included.

Law of Contract Essay

A contract intends to formalize an agreement of two or more parties, in relation to a particular subject. Contracts can cover an extremely broad range of matters including the sale of goods or real property, the terms of employment or of an independent contractor relationship, the settlement of a dispute and ownership of intellectual property developed as part of work for hire. Essential Elements of a Contract * Clear certain and communicated agreement. Meaning that the parties are consensus ad idem or are of the same mind. The parties to the contract have mutual understanding of what the contract covers, eg. In a contract for the sale of a ‘mustang’ the buyer thinks that he will obtain a car and the seller believes he is contracting to sell a horse, there is no meeting of the minds and the contract will likely be held unenforceable. Offer and Acceptance Agreement = offer + acceptance Requirements of a valid offer * Offer must be definite. It must not: * Leave aspects of the agreement dependent upon the future will of parties (Kantor v Kantor) * Leave aspects of the agreement blank or open to subsequent negotiation (Bundell v Blan & King v Potgieter & Finestone v Humburg) * Contain wording which is vague * Offer must be made with the intention of being accepted by some other person. Excludes the following which are not offers but simply invitations to do business. * General statements of lowest price (Efroiken v Simon) * Statements of lowest price in response to a specific inquiry (Harvey v Facey) * Invitations to tender (Spencer v Harding) * Newspaper advertisements in general (Shepherd v Farrel Estate Agency) * Advertisements by transport companies of their charges for conveying goods (Frazer v Frank Johnson) * Displays in shop windows (Crawly v Rex) * Displays on self service counters (Pharmaceutical Society of Great Britain v Boots Cash Chemists Ltd) * Restaurant menus. Reward Cases Adverts constitutes offer (Carlill v Carbolic Smoke Co One reward is only offered first person doing what is required is entitled to that reward. (Lee v American Swiss Watch Co.) No reward may be claimed by anyone who fulfilled the requirement not knowing of that reward (Bloom v American Swiss Co.) What is required must be done voluntarily. * Offer must not have been revoked. Offer may have been revoked or lapse in one of the following ways: * Offeree is notified that it has been revoked. * Either the offeror or offeree dies. * Lapse of a reasonable period of time. * Supervening impossibility or illegality * Rejection as where the offoree makes a counter offer which contradicts the original offer by proposing specific alterations to the terms of that offer. * Offer must be one on which an optimal time limit has not expired. * Note: keeping an offer open until the offeree is in a position to accept is permissible, since the period, although unknown, is not indefinite (Hanekan v Mouton) * In the case of an option which is offered gratuitously, silence is not acceptance (Beinart v Zeffert) * The right of acceptance of an option, provided that it is also a cash sale, can be ceded. (Hersh v Nel) * Written acceptance of an oral option is only valid upon receipt regardless of the distance between the parties. (Smeiman v Volkersz) * A provisional option allows either party to withdraw before the due date, whilist an option for a limited time at the descetion of the offeror similarly allows that offeror to withdraw, as state at his discretion. (Gerson v United Tobacco Co.s) Termination of the Offer * By acceptance- an offer which has been accepted constitutes a contract. That offer is no longer available for acceptance. * By rejection- an offer is rejected if: 1) The offeree notifies the offeror that he does not wish to accept the offer. 2) The offeree attempts to accept the offer but subject to certain conditions. 3) The offeree makes a counter offer (Hyde v Wrench) * By revocation before acceptance- an offer may be revoked (withdrawn) any time before acceptance, but will only be effective when the offeree learns about it. * If the offer lapses-the offeror may stipulate that the offer is only open for a limited period of time. Once it has lapsed any acceptance is invalid. Even if no time limit is mentioned, the offer will not remain open indefinately. It must be accepted within a reasonable period of time. * Death- if the offeror dies after having made an offer and the offeree is notified of the death any acceptance will be invalid. * Failure of a condition attached to the offer. An offer may be made subject to conditions. Such a condition may be stated expressly by the offeror or implied by the courts from the circumstances. If the condition is not satisfied, the offer is not capable of being accepted. Requirement of a valid acceptance * Acceptance must be definite and unconditional. (Watermeyer v Murray & Jones v Reynolds) acceptance must be unequivocal and stated intention to accept is not adequate. (Boerne v Harris) * Acceptance must be communicated. * Mere stated intention to accept is insufficient. (Dietirchsen v Dietrichsen) * Acceptance may be ither expressly stated or manifested by conduct. (Reid Bros v Fisher Bearings Co) * Silence can not be acceptance. (East Asiatic Co.v Midland Manufacturing Co.) except where there is a duty expressly to repudiate as with brokers notes. (Benoni Produce & Coal Co. v Grendelfinger) * An offeror is free to dispense with the normal modes of communication to indicate alternative methods of acceptance eg by dispatch of goods (Rex v Net &Mackenzie v Farmer’s Co-op Ltd) * Where specific form of communication is demanded by the offerror acceptance by any other method is void. (Eliason v Henshaw) * Whilist an offeror may prescribe the manner of acceptance, he may not prescribe the manner of refusal.eg by taking acceptance for grantedif the offeree has not acted in a certain way by a certain time. (Felthouse v Bindley) Acceptance by post or telegram or telephone or telex In acceptance by post, the basic rule is that the manner of offer implies the manner of acceptance, consequently: * Where written acceptance follows a written offer, acceptance is valid at the timeof posting (Cape Explosive Works Ltd v Lever Brothers Ltd) * Where written acceptance follows an oral offer or option (Smeiman v Volkers) acceptance is only valid upon receipt regardless of the distance between the parties. But * Where offeror has demanded some other form of acceptance, written acceptance is void (Eliason v Henshaw). Note: * Acceptance to a wrong address due to the offeror’s fault, is valid unless the offeree knew or suspected without checking, but where the mistake is the offoree’s acceptance is void. * Acceptance to the correct address, where the offeror has left that address without notifying the offeree is valid. (Naude v Malcom) * Correctly addressed and posted acceptance which does not arrive is valid. (Household Fire Insurance Co. v Grant) * An address incorrectly spelt by the offeree will only postpone acceptance to the time of receipt if the error was so fundamental as to cause delay. (Levben Products Ltd v Alexander Films Ltd) * Acceptance must be made by person for whom the offer was intended. Right of acceptance can not be ceded by offeree to a third party. (Blew v Snoxell & Bird v Summerville) * Acceptance must not be based on some justifiably mistaken. A contracting party may only avoid a contract based on his mistake if: * Justus error was present and he was therefore blameless plus * Mistake was maternal and essential or important. Ticket Cases Unsigned document such as tickets or receipts, which contain terms waiving liability on the part of contracting party A which are unknown to the other party B. Thus B can only sue A if B is blameless and this will only be the case if all of the following apply * There was no public notice displaying the terms. * The terms were not pointed out. c) The ticket was not of the type. * Contractual Capacity, meaning that the parties are legally capable of contracting. Only persons can contract, a person having the capacity to acquire rights and duties. But not only natural persons can do so. Our law recognizes the existence of artificial persons who can likewise acquire rights and duties. The most important of these are companies incorporated in terms of the companies act. The general rule is that every person is able to contract freely, within the limits of the law. But there are certain persons of limited contractual capacity whose power to enter into binding agreements is limited. Minors: a minor is a unmarried person under the age of 18. During the term of his minority he is under the custody and lawful authority of a guardian whose duty it is to maintain the minor until he can maintain himself, administer his property and assist him in contracting. * Unassisted contracts A minor may not, as a general rule sue or be sued or contract without the assistance of his guardian should he attempt to do so the contract is void. The Roman Dutch authorities speak of such purpoted contracts as being void in one direct (that is as far as the minor is concerned) and valid in another (that is as far as the other is concerned. A minor may, however, in certain cases acquire a perfectly valid obligation without his guardian’s assistance. These obligations are only exceptionally contractual, even though they often arise in the course of attempts to contract. * Enrichment Wherever a minor is unjustly enriched in terms of a purpoted contract he is bound to the extent that he is enriched. He is bound to restore to the other party to the purpoted contract so much of what he has received as remains in his possession or to pay a sum of money to the value of the advantage received. But the minor is not bound by the contract, the contract remains void. His obligation arises simply because he has been enriched at someone else’s expense. (Tanne v Foggit) * Fraudulent Misrepresentation of Majority Where a minor fraudulently misrepresents his age or pretends that he has been emancipated and by so doing deceives another person who is induced to contract with the minor, believing him to be of full age or emancipated, the minor incurs an obligation. But once again the obligation is not contractual. The minor is not bound by the contract, which is void. But the fraud being a delict, he is bound delictually to make good to the other party any loss he suffered as a result of the fraud. It is essential that the other person be misled, otherwise there can be no loss as a result of the fraud. It follows that a minor must be of such an age that it is possible for an innocent person to be misled. * Tacit Emancipation Where a minor is tacitly emancipated he can incur a binding contractual obligation within the field of his emancipation. Tacit emancipation occurs where a minor is allowed by his guardian to carry on business, or any other occupation, on his own behalf. In such circumstances the minor may himself validly contract in regards to that business. He may not, however, contract outside that business without his guardian’s consent. * Ratification Where a minor purports to contract without his guardian’s consent the contract may be subsequently ratified by either guardian, when the effect is precisely the same as if the guardian had consented at the time of the contract or the minor himself on attaining majority. Such ratification may be express or implied. It is implied eg where a person after attaining his majority, continues to use an article, which he purpoted to buy during his minority as his own, or indicates otherwise by his actions an intention to be bound. (Stuttaford & Co v Oberholzer) Once the ratification has taken place the contract is rendered valid and effective from the time of the purpoted agreement. The authority which was lacking is supplied by the subsequent ratification. Assisted contracts A minor is bound either by contracts on his behalf by his guardian or by contracts made by himself with the assistance of the guardian. * Mentally ill persons A purpoted contract made by a mentally ill person is void if at the time of agreement he could not understand and appreciate the transaction into which he purpoted to enter or if his consent was motivated or influenced by an insane decision cause by mental disease. All persons are presumed to be sane, unless they have been declared mentally disordered by an expert in the medical field. The contract is presumed void unless it can be shown that it was entered into at a time when the person concerned was in full possession of his faculties. (Prisloo’s Curators v Crafford & Prinsloo) or that his state of mind was such that he was able to understand the nature of the contract into which he entered and to appreciate properly the duties and responsibilities which were created by that contract. * Drunk Persons Where a person enters into a purpoted contract while so drunk that he does not know he is entering into a contract or he has no idea of the terms of the contract, the contract is void. The fact of drunken ness will not prevent the person concerned from incurring an obligation on the ground of enrichment. * Prodigals A prodigal (that is a person declared by the court to be incapable of managing his affairs as a result of a propensity to squander his assets) cannot contract with regard to his property. If he purports to do so the contract is void. Ut outside the field of his property he is entitled to contract freely. He may marry. The court in declaring a person to be prodigal appoints a curator bonis whose duties are to administer the affairs of the prodigal, subject to the overriding approval of the courts. * Insolvent Persons The sequestration of the estate of insolvent divests him of his estate and vests it, after appointment in a trustee. Property which he subsequently acquires before rehabilitation also vests in the trustee with certain exceptions. Certain restrictions are place on his freedom to contract, but he is in all other respects fully capable of contracting The restrictions are: -an insolvent may not contract in such a way as to purport to dispose of any property of his insolvent estate. -he may not without the written consent of his trustee enter into any contract whereby his estate is likely to be adversely affected. -he may not without the written consent of his trustee have any interest in or be employed in the business of a trader who is a general dealer. Should the insolvent, however purpot to contract in breach of these provisions of the act the contract is not void. It remains valid until it is set aside by the trustee. * Persons who have been convicted of Crime In certain cases, which do not require setting out in detail, ad which vary dependency on the crime committed and the sentence, imposed convicted persons are subject to various disqualification eg if convicted of theft, fraud, forgery or perjury and sentenced to imprisonment, they are disqualified from being appointed company directed. * Alien Enemies An alien enemy (namely a person residing or carrying on business in enemy territory) may not sue on our courts and all commercial relations with him is prohibited. * Serious Intent, meaning the parties intend their agreement to be binding and legally enforceable. When parties enter into an agreement ‘subject to contract’ they are expressly stating that they will not be bound unless and until a formal contract is drawn up. * Necessary Formalities. In some cases , certain formalities (writing) must be observed. * Contracts which must be in the form of a deed. Certain transactions involving land require a deed that is conveyances, legal mortgages and leases for more than 3 years. A promise of a gift is not binding unless in this form. * Contracts which must be in writing a contract for the sale or other disposition of land can only be made in writing and only by incorporating all the terms which the parties have expressly agreed. In one document or where the contracts are exchanged in each. The document must be signed by or on behalf of each party to the contract. Bills of exchange, cheques and promissory notes must be in writing. Similarly the transfer of shares in a limited company must be in writing. Employment contracts should be in writing with terms and conditions of employment. * Possibility of performance that is performance of the contract must be possible. * Legality that is the agreement must be lawful. The purpose of the agreement must not be illegal or contrary to public policy where a contract involves some wrong doing, It will be illegal. If however, the conduct is neither immoral or blameworthy but simply undesirable the contract will be void. A court may object to an agreement either because of a rule of common law or because it is contrary to statute. Contracts illegal at common law * Contracts to commit crimes or civil wrongs eg a contract to assassinate someone or to defraud Zimra * Contracts involving sexual immorality * Contracts tending to promote corruption eg contract to bribe an official. * Contracts trading with an enemy of the state * Contracts directed against the welfare of a friendly foreign state. * Contract prejudicial to the administration of justice eg contract not to prosecute a person for an offence concerning the public. * Genuineness of Consent The agreement must have been entered into freely and involves a meeting of the minds. The agreement must not be invalidated by a number of factors, mistake, misrepresentation, duress and undue influence. * Mistake The general rule is that mistake does not affect the validity of a contract. The guiding principle is the caveat emptor which means ‘let the buyer beware.’ So if a person agrees to pay $1000 for a car which in reality is only worth $500, the contract is valid and he must stand the loss. It should be noted that a mistake at law will not invalidate a contract, since everyone is presumed to know the law. There are , however some kinds of mistake which so undermine the agreement that the contract is void. If this is the case, no rights of ownership can pass and any goods which have changed hands can be recovered. A mistake will invalidate the contract in the following situations. * Mistakes as to the subject matter of the contract. The parties may be mistaken as to the identity of the subject matter. If a seller makes an offer in respect of one thing and the buyer accepts, thinking of something else, the parties are clearly talking at cross purposes and there is no contract. * – mistake as to the identity of one of the parties. This may invalidate the contract where the identity of the party to the contract is material to the contract, a mistake will result in the contract being void. Where the identity of the party is not material, the contract will be valid until the mistaken party avoids the contract for misrepresentation. * Mistaken signing of a written document. As a general rule, a person who signs a document is assumed to have read, understood and agreed to its contents. Exceptionally, a person may not be able to plead ‘nonest factum’- ‘it is not my deed.’ 3 factors must be present if the contract is to be avoided, the signature must have been induced by fraud, the document signed must be fundamentally different from that thought to be signed and the signer must not have acted negligently. Rescission of terms The court may be prepared to set aside an agreement provided the parties accept the conditions imposed by the court for a fairer solution to the problem Rectification If a mistake is made in reducing an oral agreement into writing, the court may rectify the document so that it expresses the true intention of the parties. Specific performance A court may refuse to grant an order for specific performance against a party who made a mistake, if it would be unfair to enforce the contract against him. * Misrepresentation The formation of a contract is often preceded by a series of negotiations between the parties. Some of the statements made may turn out to be false. The nature of the statement will determine whether a remedy is available and if it is what type of remedy. A false stamen which is not incorporated into the contract is known as misrepresentation. A misrepresentation is a false statement made by one party to induce the other to enter into a contract. It must be shown that the statement has induced the person to whom it was made to enter into a contract. Kinds of misrepresentation and their effects There are 3 kinds of misrepresentation; fraudulent, negligent or innocent. In each case the contract is voidable. * Fraudulent Misrepresentation If the person making the statement knows that what he said is false, he will be liable for fraud. The injured party may rescind the contract and also sue for damages for the deceit. * Negligent Misrepresentation This is where the person making the false statement has reasonable grounds for believing it to be true. Damages may be awarded for a negligent misstatement. * Innocent Misrepresentation Is a false statement made by a person who had reasonable grounds to believe that it was true, not only when it was made, but also when the contract was entered into. The basic remedy is rescission of the contract. Rescission It aims to restore the parties to their pre contractual positions. Money or goods which have changed hands must be returned. * Duress and Undue Influence The general rule of law is that a contract will only be valid if the parties entered into it freely and voluntarily. Where a party to a contract or his family is subjected to threats of violence, the contract may be avoided on the grounds of duress. In undue influence, the relationship between the parties may be such that one occupies a position of dominance and influence over the other. There are several relationships such as doctor and patient, solicitor and client, parent and child where it is automatically assumed that undue influence has been at work. The contract will be set aside unless the dominant person can prove that the complainant had independent advice. Where there is no special relationship between the parties the complainant must prove that pressure was applied. Breach of Contract This may occur in a number of ways. It may be an anticipatory or actual breach. * Anticipatory Breach This is where a party states in advance that he does not intend to carry out his side of the contract or puts himself in a position whereby he will be unable to perform. The injured party may sue immediately for breach of contract or alternatively wait for the time for performance to arrive to see whether the other party is prepared to carry out the contract. * Actual Breach One party may completely fail to perform his side of the bargain or he may fail to carry out one or some of his obligations. Not every breach of contract has the effect of discharging the parties from their contractual obligations. The terms of the contract may be divided into those terms which are important (conditions) and the less important terms (warranties). A breach of a condition does not automatically terminate the contract. The injured party has a choice: he may wish to be discharged from the contract and claim damages for the breach. A breach of warranty only entitles the injured party to sue for damages. Remedies Every breach of contract will give the injured party the right to recover damages (financial compensation) other remedies such as specific performance and injunction, may be granted at the discretion of the court as part of its equitable jurisdiction. Damages In the business world it is quite common for the parties to agree in advance the damages that will be payable in the event of a breach of contract. These are known as liquidated damages. If there is no prior agreement as to the sum to be paid, the amount of damages is said to be unliquidated damages. Liquidated Damages The parties establish at the outset of their relationship the financial consequences of failing to live up to their bargain. Provided the parties have made a genuine attempt to estimate the likely loss, the courts will accept the relevant figure as the damages payable knowing the likely outcome of any legal action, the party at fault will simply pay up without argument. Unliquidated Damages The aim is to put the injured party in the position he would have been if the contract had been carried out properly. Damages are designed to compensate for the loss. If no loss has been suffered, the court will only award nominal damages: a small sum to mark the fact that there had been a breach of contract. Equitable Remedies The normal remedy for breach of contract is an award of damages at common law. There are some situations, however where damages would neither be adequate nor appropriate. Equity developed other forms of relief to ensure that justice is done. The more important of these equitable remedies are specific performance and injunction. Specific Performance A decree of specific performance is an order of the court requiring the party in breach to carry out his contractual obligations. Failure to comply with the directions of the court, lays the defendant open to imposition of penalties for contempt of court. Injunction This is an order of the court requiring the party at fault not to break the contract. Its main use is to enforce the negative promises that can that can occassionaly be found in employment contracts. The employee may agree eg not to work in a similar capacity for a rival employer during the period of his contract. Cancellation of the Contract The parties to a contract may expressly agree that breach of a certain term will entitle one of them to cancel the contract. Such express terms entitling cancellation may take any form, but the most common are forefeiture clauses, fore closure clauses and the lex commissoria. A forefeiture clause in a contract of letting and hiring is a clause which entitles the landlord to cancel the lease and have the tenant ejected. If the tenant is in breach of certain specified terms one of which is usually the payment of rent on the due date. In the absence of such a forefeiture cluse, a term governing the payment of the rent on a particular date is not material term and the land lord canot therefore terminate the contract merely on the ground that the lesee is in arrear with the rent. A foreclosure clause in a mortgage is a clause entitling the mortgagee to call up the bond where the mortgagor is in default usually by non payment of interest on due date. A lex commissoria is a provision in a contract of sale that the seller is entitled to cancel the contract on breach of one or other of the terms of the contract usually non payment of an instalment in the case of a sale where payment is made by instalments. Such a lex commissoria may, and usually does, contain valid penal provisions entitling the seller to retain so much of the purchase price as had already been paid to him, despite his cancellationof the contract and recovery of the subject matter of the sale. Termination of Contracts Performance A contract is terminated by the performance of the reciprocal obligations of the parties. Set off Where 2 parties are in debt to each other and the debts are due and liquidated, both debts are automatically extinguished if they are of the sameamount. If one is larger than the other, the smaller is extinguished and the larger automatically reduced by the amount of the smaller debt. Merger It is the concurrence of the debtor and creditor in the same person and in respect of the same obligation. It destroys the obligations in respect of which it operates. Thus if x is the tenant of y and he purchases the property from y, the lease comes to an end and for the capacities of landlord and tenant are merged in x. Agreement The parties may by agreement put an end to contractual obligations by waiver or novation. In both cases the express or implied agreement of both parties is necessary. * Waiver Is the abandonment of rights by one or both parties to a contract. It is itself a contract which requires offer and acceptance in the ordinary way. Agreement to waive may be implied, but the courts will not lightly infer the abandonment of a right. It must appear clearly from the words or conduct of the parties. The person who waives a right can only effectively do so if he has full knowledge of the right. If he purports to waive a right while ignorant of its extent even as a result of ignorance of the law the waiver is ineffective, despite the rule ignoratia uris haud excusat, provided the ignorance is probable and justifiable. The abandonment may be of all rights under the contract, which is in other words cancelled by mutual agreement, or of only certain of the rights eg waiver of one party only. Novation It occurs where the parties agree to a new contract which replaces the only one completely. The original contract is therefore terminated a new contract comes into being. The new contract, may indeed bring third parties to the original contract into the new one as parties (eg assignment and delegation) Cession on the other hand is really something different. There is not a rule to the new contract and therefore no novation. The original contract remains in existence but the right to receive performance is ceded by the cedent to the cessionary. Compromise is an agreement between persons for the settlement of a matter in dispute, each party abating some of its previous demands. If parties to a contract dispute each other’s rights in terms of the contract and subsequently they compromise their rights are regulated by the compromise and not by the original contract which falls away. In such a case, as the parties enter into a new contract which replaces the old one, it is clear that compromise is a form of novation and the ordinary rules apply eg a compromise requires strict proof, the presumption being against it. Insolvency The contractual rights and duties of an insolvent are affected in various ways by the sequestration of his estate. The majority of the rights and duties of the insolvent vest automatically in the master of the supreme court until the appointment of a trustee when they vest in the trustee. It is the duty of the trustee to recover all debts due to the estate, to liquidate the estate and to distribute the proceeds among the creditors who have proved claims against the estate. Insolvency is terminated by rehabilitation by court order. Rehabilitation discharges all debts of the insolvent, which were due, or the cause of which had arisen before sequestration. Death Death of a party does not terminate the contract. A form of compulsory assignment takes place and the rights and duties of the deceased, other than in terms of contracts involving personal skill which are terminated, pass to the executor.

Oracle vs. Google Lawsuit (Android and Java) Research Paper

Oracle vs. Google Lawsuit (Android and Java) - Research Paper Example Google’s Android infringes Oracle America’s copyrights in Java and Google is not licensed to do so. The seven patented technologies in question are: 6,125,447 (Protection Domains To Provide Security in a Computer System); 6, 192,476 (Controlling Access to Resource); 5,966,702 (Method and Apparatus for Preloading of Classes Through Memory Space Cloning of a Master Runtime System Process; RE38,104 (Method And Apparatus For Resolving Data References In Generate Code - A reissued patent; the original number was 5,367,685); 6,910,205 (Interpreting Functions Utilizing A Hybrid Of Virtual And Native Machine Instructions); and, 6,061,520 (Method And System for Performing Static Initialization) (EndSoft Patents 2012). The Java technology was developed by Sun Microsystems now called Oracle America, after its acquisition by Oracle. The deal, valued at $7.4 billion, strengthened Oracle’s objective to out-consolidate its rivals, which was already buoyed by previous acquisitio n of several large companies (Shankland 2010). Because of this, Oracle became a hardware company as well, with an integrated product being pitched to the customers as a combination of hardware and software solution. Android is a Google product, developed in its move to expand in the mobile computing market. It was originally created by Android Inc., which Google bought in 2005. Today, Android is being maintained and developed by the Open Handset Alliance, which is a consortium of 86 hardware, software and telecommunications organizations led by Google. Legal Issues Oracle’s claims of code infringement had been modified in October 2010, which further specified its complaint against Android. In its amended claim filed before the court, Oracle alleged that Google flagship operating system is using or copying Java technologies in its class libraries and documentation, further stressing that approximately one-third of Android’s API packages are â€Å"derivative† of t he Java API packages, including examples of code that aim to prove its point (Lopez-Tarruella, 2012, 279). For Google’s alleged copyright and patent infringement, Oracle originally asked for over $2.4 billion in order to compensate for the damages, which, of course, Google countered as inflated (Latif 2012). Oracle has revised this figure as it amended its complaints several times. Today, it stands at $168 million. Google still think the figures as baseless. In a legal strategy designed to fend off attacks or at least protect its Android ecosystem from lawsuits such as that lodged by Oracle, Google has acquired Motorola Mobility its trove of patented mobile and computing technologies, in addition to the thousands acquired from IBP Patents. The rationale for this move is simple. With a comprehensive range of important mobile and future mobile technologies, Google is in a better position to protect the companies that use Android because it could threaten Oracle with counter lic ense suits. Also, Google could refuse to license technologies to companies such as Microsoft, Nokia and perhaps Oracle if it starts its own mobile computing program in the future. Finally, Google – through its newly acquired patents - could enter into cross-licensing deals with these companies in exchange for dropping the lawsuits or being amenable

International ACCOUNTING and Finance Essay Example | Topics and Well Written Essays - 2500 words

International ACCOUNTING and Finance - Essay Example Unfortunately, the current method of costing has resulted to a drop in the profits of the company. Upon interviewing the present accountant, he admits that the old system is wanting but insist on continuing this cost accounting system because of the ease of computing the total factory overhead costs. The following paragraphs will dissect the current full cost accounting system and Davina’s recommendation that the activity based costing be immediately set up. The per machine hours method using 6,500 hours is better than the per direct labour hours method using 150% of direct labour hours (150% x 4,000 hours = 6,000 hrs) in recovering overhead costs. The above analysis of variances shows that the per hour cost of machine is lower under the direct labour hours method as compared to the direct labour by â‚ ¤4 per hour. Also, the Set up costs under the machine hours method shows that the per machine hour cost of â‚ ¤31 per hour is definitely lower than the per hour cost using the direct labour hours method amounting to the higher â‚ ¤33 per hour. Finally, the materials handling cost under the machine hours method amounting to only â‚ ¤18 per hour is definitely lower than the per hour cost of â‚ ¤20 per hour using the direct labour method. Method above shows that activity based costing gives us increase cost per hour. The standard products above shows that the per hour cost (blue color) above shows that the cost using machine activity cost driver unit is â‚ ¤ 79.86 per machine hour. And, overhead cost based on number of setups is â‚ ¤ 2,502.20 per set up. Likewise, overhead computation based on materials handling costs is â‚ ¤747.50 per materials handled. The specialized products computation above show that the cost per machine is â‚ ¤93.17 per machine hour. Also, the overhead cost based on the number of set up is â‚ ¤ 1,001 per set up. Likewise, the overhead costs based on materials handling is â‚ ¤398.57.

Business Research Methods Essay Example | Topics and Well Written Essays - 3000 words

Business Research Methods - Essay Example Today, highly advanced technologies are available and that can be used for various purposes of an organization. Information technology, mainly use of computer and software-assisted tools can be used for research and various other organizational functions. In research, different types of software can be used to ensure greater accuracy and dependability of the data or information being collected and studied. Purposes of Organizational Research Business organizations require useful, valid and accurate data in order to run the business effectively. When data are made available in the form of raw and they are converted to more useful, analyzed, synthesized and evaluated form, known as information, they are more helpful to managers to make appropriate decisions (Sekaran, 2003, p. 42). Basically, the research is conducted for two different purposes, one is to find a solution to a current problem faced by managers in specific work setting and it requires timely solution. This is known as app lied research. The second is to generate a body of knowledge in order to solve certain problems that are likely to occur within the organization. it is known as basic research (Sekaran, 2003, p. 7). For a business organization, financial and various other functional data play vital roles in decision making and many other managerial functions. For example, sales figures, gross and net profit, sales returns, reasons for sales return, commission or interest received, percentage increase in interest and profit and many other financial data are of greater use to the business. Both financial and management accounting departments can make use of these information for various decision making and strategic thinking processes. As Ghauri and Gronhaug (2005, p. 5) noted, business organizations are attempting to develop strategic monitoring programs in order to help them identify and recognize competitors’ strengths, weaknesses and overall business strategies. Business firms can establish computer-based analysis so that they can provide better information-management system to help them develop effective strategies and thus to sustain business success. As it is clear with any case, none can take decisions on any important issue unless a more deep investigation about that specific issue can be conducted. This investigation is more likely to help analyze all these information to make a judgment about the right solution to the specific problem being identified. Business Research with presently available software Generally, in recent years computer has become an integral part of business and it plays extremely significant roles in research as well. In simple terms, computer software like Microsoft Word, Microsoft Excel and any other spreadsheet or document software that are currently available are widely used for various research purposes. All these sorts of software are used for recording, listing, analyzing, interpreting, calculating, controlling, evaluating and synthe sizing different types of data. For instance, Microsoft Excel can be used for calculations and data presentation in a large numbers of different formats. Apart from these very basic software tools that are widely used for organizational research, following are some of other software that have recently gained significant importance in research. 1- Groupware- Groupware is a software, linked to networking to help research team work on

E Ink Case Study Example | Topics and Well Written Essays - 750 words

E Ink - Case Study Example The company was receiving lots of feedback from potential investors and customers who had different views of the best use for electronic ink. The company had to decide the best opportunities for the company based on the company’s vision. The company wanted to create radio paper, but the technology was not ready for that application. The firm had multiple opportunities to generate money using the technology for other applications. Another dilemma the company had was the fact that it needed more money to continue its venture. The firm needed an additional $20 million for its second round of financing. There was plenty of interest from venture capitalist interested in investing in the company. The firm had to decide how to obtain the money and which investors to choose. The strategy the firm ends up choosing would affect the capital structure of the enterprise. Selling off too much equity could relinquish control of the company. On the other hand using debt instruments could plac e the company at risk since the firm was not generating any revenues yet. 2. The three stage approach that E Ink has plan is a very sound business strategy. The company has to take advantage of the firm’s capabilities to generate revenues. The firm cannot afford to wait 4 to 5 years for the radio paper to be ready. The first stage of the plan is to use the electronic ink to make large area displays. The marketplace for this product is huge due to the fact that there are thousands of businesses that can benefit from the application of electronic ink for its advertising displays. The company could afford to launch this product after it receives its second round of financing. The firm needs between $10 million to $20 million dollars to launch the product. The company already has a contract with JC Penney to develop its first large area displays. The product offers many advantages to customers such as lower costs and the ability to change advertising messages without having to in cur in the cost of manually changing the sign. The second stage of E Ink’s plan is to utilize the technology for flat panel displays. By 2004 the flat panel market was supposed to reach $25.9 billion. The relevant market in which E Ink could apply its invention was between $4.9 billion to $6.9 billion. The use of electronic ink enables companies that use flat panel displays to add value to its products which would allow the firms to sell their products at a premium price. The application of electronic ink would provide greater visual appeal and lower power consumption. The company needs between $30 million to $50 million to finance this phase. The third phase of the project is radio paper. Radio paper would enable the company to create newspapers and books using the electronic ink technology. The use of the technology would revolutionize the publishing industry. The use of the technology could be extremely advantageous for publishers because it could create a paper free distr ibution model. The company could be ready to create electronic books in two to three years and newspapers in four to five years. The amount of money needed to finance phase three is between $50 million to $100 million. 3. The company needs to raise money in order to finance its phase I of the project. The firm is currently spending over $500,000 a month and it soon will increase its expenses to nearly $1 million a month. The company estimates that it needs $10 to $20 million to accomplish phase I. My

Symbolism in Young Goodman Brown Essay Example | Topics and Well Written Essays - 1250 words

Symbolism in Young Goodman Brown - Essay Example Young Goodman Brown is a satire on Puritanism and what Hawthorne perceives to be its hypocrisies. Hawthorne employs an abundance of symbolisms all throughout the narrative to create an atmosphere of evil deeply lurking behind the faces of the characters in the story behind their benevolent faà §ade. The story revolves around a young man named Goodman Brown and one particular night in his life which would forever change his life and his perception of the people and the world around him. That one night is the night when Goodman Brown is to finally determine whether he would finally succumb to the temptation of becoming a part of a witches’ coven in Salem. As he walks through the forest to the predetermined meeting place where he would take his official vow to the group, he sees a lot of things which makes him vacillate with his decision. He sees the people he often sees in the church, people who are known for their piety, wisdom and kindness, people who serve in the high positions of the government. He sees his old catechism teacher and spiritual counselor, the Salem’s minister, Deacon Gookin, other pious people and even his young wife, Faith in the company of the devil. This last revelation is the last straw that broke the camel’s back, so to speak. Brown de cides to embrace evil having lost the wife he wants to be good for. In the rite held at the unholy altar, as Satan is about to put the mark of baptism on his and his wife’s heads, Brown makes his last stand and cries out in protest and urges his wife to resist the devil. He suddenly finds himself alone and back in the middle of the forest. Goodman Brown lives the rest of his life a miserable man, still wondering whether what he went through was real or merely a dream. Nevertheless, he remains suspicious of all the people around him and even of his wife and lives his life in isolation from the people in his

Business to Business Essay Example | Topics and Well Written Essays - 2000 words

Business to Business - Essay Example Amazon.com, the world’s largest online retailer, has developed improved mechanisms for promoting its B2B e-business transactions. This paper will analyze Amazon’s B2B arrangements with other companies and the nature of B2B transactions the company engaged in. In addition to discussing Amazon’s technical architecture that supports its B2B transactions, the paper will also identify the benefits and drawbacks of these transactions. Amazon’s B2B transactions Amazon.com has developed B2B arrangements well with firms across the globe. According to the Forbes writer Kanellos, Amazon is under an ongoing evolution process where the organization is transferring from a consumer retailer to a logistics provider to business houses. Amazon allows third parties (or external marketers) to sell their products by means of its online retail services. Firms can display their inventory information, sell their products, and receive payments online once they created an account i n Amazon.com. In addition, sellers can also make use of Amazon’s Webstore, which would help them take advantages of search engine optimization and backend organization. As Kanellos points out, the volume of products sold by external marketers on Amazon website increased to 36 percent. Amazon follows an interesting B2B model in delivering services to third-party retailers. Traditionally, a store owner or a wholesaler considers the difference between the retail and wholesale price as its profit. In contrast to this conventional business practice, Amazon likes to obtain a commission on its online retail services. Market analysts observe that this business model has greatly assisted the company to advance in B2B marketing. The organization has developed an affiliate program for promoting its products and its online retailers. Businesses can earn income when Amazon products are purchased through clicking those firms’ advertisement link. Publishing is another B2B service off ered by the Amazon. The company launched its self-publishing site in 2011with intent to assist individuals to self-publish their movies, music, and books online and thereby to eliminate intermediary costs. Once an individual obtains a copyright on his products like books or movies, he can use the advertisement and payment solutions provided by the Amazon. The company offers free publishing options and finds its revenues through royalty payments and shopping fees. As Smith opines, the fulfillment program is Amazon’s one of the major advancements in its B2B environment; this program allows organizations to store and ship their products through Amazon’s fulfillment center. Once the Amazon fulfillment center receives the items sent by companies, those items are cataloged into the firm’s system. Under this option, companies can either sell their offerings through Amazon.com or complete the sales process using their own techniques. When items are ordered, Amazon fulfi lls the orders and delivers the products to the end customers directly. Amazon’s back office system assists business houses to track the fulfillment. It is identified that Amazon has B2B relationships with different sizes of businesses ranging from sole traders to corporate giants. As per Amazon’s B2B strategy, new and un-established companies need to commence their operations with personal accounts.  

Psychology Essay Example | Topics and Well Written Essays - 1250 words - 1

Psychology - Essay Example Behaviorism Strength- the learner targets a clear goal and is very familiar with the goals’ requirements. Weakness- the learners may occasionally not find the right stimulus for the right response. Answers for question # 2 Sapir-Whorf’s linguistic relativity hypothesis proposes that â€Å"the particular language we speak influences the way we think about reality† (Dennis & John, 2008). This hypothesis, however, has met a lot of critics from other psychologists. For example, Carol suggested that this hypothesis still needs much attention as there are controversies that still surround it. She stated, â€Å"Perhaps it is the suggestion that all one’s life one has been tricked, all unaware, by the structure of the language into a certain way of perceiving reality† (Dennis & John, 2008). The essence of her statement is that, when people grow up and begin realizing reality from their own experiences, they may start disputing what their languages initially taught them. Answers for question # 3 Crystallized intelligence this is the capacity to utilize knowledge, experience and skills. It should not be likened to knowledge or memory as it does not depend on finding information from long-term memory. Fluid intelligence also called fluid reasoning is the ability to solve problems and think logically in every situation irrespective of the acquired knowledge. It includes both the deductive and inductive reasoning. It involves application of the best logics in solving problems. Answers for question # 4 Both the aptitude and achievement tests determine a learner’s general performance over a wide range of mental capabilities. However, the amplitude test further measure specialized abilities including numerical and verbal skills to guess the student’s earlier academic performance in educational programs. Achievement tests are closely associated with the current achievements on specific school subjects. Answers for question # 5 Th e validity of a standardized test is its usefulness and accuracy. Reliability of a standardized test on the other side is the capacity of the standardized test to give consistence results. Both the parameters are used by psychologists to effectively measure what they are testing. It is important to note that validity depends on reliability i.e. validity is not applicable without reliability. Answers for question # 6 Mental retardation refers to an individual’s current level of functioning. The primary levels of mental retardation that psychologists use to classify people include limitation in adaptive behavior and limitation in intelligence. Accurate diagnosis involves three components; origins of disability before 18 years of age, determinations of adaptive behavior shortfalls, and IQ score of about � or below. Answers for question # 7 Intellectually gifted people are more efficient at leaning new ideas and performing activities more than normally intelligent individuals. The success of an individual in life based on the IQ score is relative in, that intellectually gifted people have to exercise their gifts effectively to achieve success in life. But generally, intellectually gifted people have been observed to come up with new ideas, discoveries and developments that have made them more successful in life than the normally intellectual individuals. Answers for que

BRAVADO and Linguistics Research Paper Example | Topics and Well Written Essays - 1750 words

BRAVADO and Linguistics - Research Paper Example They have also helped to create new ways of analyzing the different pieces written over time, and this paper will actually look at how bravado and linguistics play an important role in literature. Bravado means a false bravery and it comes from the word brave, but it is the complete opposite of its meaning. This can possibly be applied in describing people who in the real sense are cowards, but they pretend to be brave because of a certain reason. These people at first often show that they are very brave but eventually, they turn out to be cowards. Linguistics on the other hand is the scientific study of human language as a whole, and it can be divided into different categories to help understand and decipher linguistics. These categories are three in number and they include language form, language meaning and language in context, and they all contribute to linguistic development, where they help bring out the deeper meanings in linguistics. They can be applied in making comparisons of different literally works and in this case, they can be effectively applied to compare and contrast Sir Gawain and the Green Knight, and Beowulf, both very old literally works (Crystal 27). The two poems are used to make readers have a better understanding of linguistics and bravado, since the authors have used both styles to give better illustrations of how the styles are applied in literally pieces (Heaney 22). This is a powerful poem written in the 14th century, which some scholars refer to it as the famous ‘beheading game.’ It can be classified as an alliterative romance because of the plot of the poem, which is basically about a mysterious challenge posed by Green Knight to the knights of King Arthur’s round table. He asks any knight that is willing to take the challenge to strike him with his axe and in return, after a certain period, the Green Knight will reciprocate by hitting the

Students Responsibility Essay Example for Free

Students Responsibility Essay Before the students start attending college they have to understand that college isnt for everyone. In many major colleges the students could be droped out. One of the ways they could be droped out is if they happen to fail all too many courses in a semester. In the memoir called Unafraid of the Dark by Rosemary Bary. Rosemary who was attending Yale university and was very proud of it, had failed three out of four of the classes that she was taking. According to the Yale university rules three failures result in a automatic drop out. She should have been drop out, but she was saved by her dean who was very wise man and made a deal with 2 of her professors who failed her. He asked the professors to give her a passing grade if she turns in a 6 page report to both of them. She was very happy and excited about the secound chance the dean has give her. She had no excuse of failing the classes, because she had a lot of time, she wasnt bothered by anyone, and didnt have nothing else to do, except work as a part-time baby sitter. She couldnt have blame anyone, but herself, not even her professors. In her secound semester she became more focused, organized, and hard working , as a result she managed to raise her GPA very high and was heading on the right track. Rosemary is just one example of a student who realized how serious a university could be. I am sure that there are many university students who face the same kind of challenges. In the first week of the first semester the student have to realize that they have to be worried more about their academic problems and problems that they face in life. If they dont take their life seriously they wouldnt live a productive life.

What is a project?

What is a project? Project Characteristics A project can be defined as a temporary endeavor that is undertaken to create a unique result, which can be a product or a service. There are some terms in this definition, which have to be defined themselves. The main ones are temporary and unique result. The term temporary means that every project must has a definite beginning and a definite end. The end would be reached when the projects objectives have all been achieved, or it becomes clear for us that the project objectives cannot or will not be met, or the former need for the project no longer exists. All of these result in the termination of project. Temporary does not necessarily mean short in duration; many projects can last for several years. In every case, however, the duration of a project is finite. Projects are not ongoing efforts. In addition, temporary does not generally apply to the product, service or result created by the project. Most projects are undertaken to create a lasting outcome. For example, a project to erect a national monument will create a result expected to last centuries. Projects also may often have intended and unintended social, economic and environmental impacts that far outlast the projects themselves. The temporary nature of projects may apply to other aspects of the endeavor as well: The opportunity or market window is usually temporary-some projects have a limited time frame in which to produce their product or service. The project team, as a working unit, seldom outlives the project-a team created for the sole purpose of performing the project will perform that project, and then the team is disbanded and the team members reassigned when the project ends. Unique Products, Services, Or Results A project creates unique deliverables, which are products, services, or results. Projects can create: A product or artifact that is produced, is quantifiable, and can be either an end item in itself or a component item A capability to perform a service, such as business functions supporting production or distribution A result, such as outcomes or documents. For example, a research project develops knowledge that can be used to determine whether or not a trend is present or a new process will benefit society. Uniqueness is an important characteristic of project deliverables. For example, many thousands of office buildings have been developed, but each individual facility is unique-different owner, different design, different location, different contractors, and so on. The presence of repetitive elements does not change the fundamental uniqueness of the project work. Progressive Elaboration Progressive elaboration is a characteristic of projects that accompanies the concepts of temporary and unique. Progressive elaboration means developing in steps, and continuing by increments. For example, the project scope will be broadly described early in the project and made more explicit and detailed as the project team develops a better and more complete understanding of the objectives and deliverables. Progressive elaboration should not be confused with scope creep. Progressive elaboration of a projects specifications needs to be carefully coordinated with proper project scope definition, particularly if the project is performed under contract. When properly defined, the scope of the project-the work to be done-should be controlled as the project and product specifications are progressively elaborated. Projects And Strategic Planning Projects are a means of organizing activities that cannot be addressed within the organizations normal operational limits. Projects are, therefore, often utilized as a means of achieving an organizations strategic plan, whether the project team is employed by the organization or is a contracted service provider. Projects are typically authorized as a result of one or more of the following strategic considerations: A market demand (e.g., an oil company authorizes a project to build a new refinery in response to chronic gasoline shortages) An organizational need (e.g., a training company authorizes a project to create a new course in order to increase its revenues) A customer request (e.g., an electric utility authorizes a project to build a new substation to serve a new industrial park) A technological advance (e.g., a software firm authorizes a new project to develop a new generation of video games after the introduction of new game- playing equipment by electronics firms) A legal requirement (e.g., a paint manufacturer authorizes a project to establish guidelines for the handling of a new toxic material). What Is Project Management? Project management is the application of knowledge, skills, tools and techniques to project activities to meet project requirements. Project management is accomplished through the application and integration of the project management processes of initiating, planning, executing, monitoring and controlling, and closing. The project manager is the person responsible for accomplishing the project objectives. Managing a project includes: Identifying requirements Establishing clear and achievable objectives Balancing the competing demands for quality, scope, time and cost Adapting the specifications, plans, and approach to the different concerns and expectations of the various stakeholders. Project managers often talk of a triple constraint-project scope, time and cost-in managing competing project requirements. Project quality is affected by balancing these three factors. High quality projects deliver the required product, service or result within scope, on time, and within budget. The relationship among these factors is such that if any one of the three factors changes, at least one other factor is likely to be affected. Project managers also manage projects in response to uncertainty. Project risk is an uncertain event or condition that, if it occurs, has a positive or negative effect on at least one project objective. It is important to note that many of the processes within project management are iterative because of the existence of, and necessity for, progressive elaboration in a project throughout the projects life cycle. That is, as a project management team learns more about a project, the team can then manage to a greater level of detail. The term project management is sometimes used to describe an organizational or managerial approach to the management of projects and some ongoing operations, which can be redefined as projects, that is also referred to as management by projects. There has been a tendency in recent years to manage more activities in more application areas using project management. More organizations are using management by project. This is not to say that all operations can or should be organized into projects. The adoption of management by project is also related to the adoption of an organizational culture that is close to the project management. Although, an understanding of project management is critical to an organization that is using management by projects, a detailed discussion of the approach itself is outside the scope of this standard. The Project Management Knowledge Areas The Project Management Knowledge Areas, organizes the 44 project management processes from the Project Management Process Groups into nine Knowledge Areas, as described below. Project Integration Management: describes the processes and activities that integrate the various elements of project management, which are identified, defined, combined, unified and coordinated within the Project Management Process Groups. It consists of the Develop Project Charter, Develop Preliminary Project Scope Statement, Develop Project Management Plan, Direct and Manage Project Execution, Monitor and Control Project Work, Integrated Change Control, and Close Project project management processes. Project Scope Management: describes the processes involved in ascertaining that the project includes all the work required, and only the work required, to complete the project successfully. It consists of the Scope Planning, Scope Definition, Create WBS, Scope Verification, and Scope Control project management processes. Project Time Management: describes the processes concerning the timely completion of the project. It consists of the Activity Definition, Activity Sequencing, Activity Resource Estimating, Activity Duration Estimating, Schedule Development, and Schedule Control project management processes. Project Cost Management: describes the processes involved in planning, estimating, budgeting, and controlling costs so that the project is completed within the approved budget. It consists of the Cost Estimating, Cost Budgeting, and Cost Control project management processes. Project Quality Management: describes the processes involved in assuring that the project will satisfy the objectives for which it was undertaken. It consists of the Quality Planning, Perform Quality Assurance, and Perform Quality Control project management processes. Project Human Resource Management: describes the processes that organize and manage the project team. It consists of the Human Resource Planning, Acquire Project Team, Develop Project Team, and Manage Project Team project management processes. Project Communications Management: describes the processes concerning the timely and appropriate generation, collection, dissemination, storage and ultimate disposition of project information. It consists of the Communications Planning, Information Distribution, Performance Reporting, and Manage Stakeholders project management processes. Project Risk Management: describes the processes concerned with conducting risk management on a project. It consists of the Risk Management Planning, Risk Identification, Qualitative Risk Analysis, Quantitative Risk Analysis, Risk Response Planning, and Risk Monitoring and Control project management processes. Project Procurement Management: describes the processes that purchase or acquire products, services or results, as well as contract management processes. It consists of the Plan Purchases and Acquisitions, Plan Contracting, Request Seller Responses, Select Sellers, Contract Administration, and Contract Closure project management processes. Figure 1-1. Overview of Project Management Knowledge Areas and Project Management Processes The Project Life Cycle Project managers or the organization can divide projects into phases to provide better management control with appropriate links to the ongoing operations of the performing organization. Collectively, these phases are known as the project life cycle. Many organizations identify a specific set of life cycles for use on all of their projects. Characteristics Of The Project Life Cycle The project life cycle defines the phases that connect the beginning of a project to its end. For example, when an organization identifies an opportunity to which it would like to respond, it will often authorize a feasibility study to decide whether it should undertake the project. The project life cycle definition can help the project manager clarify whether to treat the feasibility study as the first project phase or as a separate, stand-alone project. Where the outcome of such a preliminary effort is not clearly identifiable, it is best to treat such efforts as a separate project. The phases of a project life cycle are not the same as the Project Management Process Groups. The transition from one phase to another within a projects life cycle generally involves, and is usually defined by, some form of technical transfer or handoff. Deliverables from one phase are usually reviewed for completeness and accuracy and approved before work starts on the next phase. However, it is not uncommon for a phase to begin prior to the approval of the previous phases deliverables, when the risks involved are deemed acceptable. This practice of overlapping phases, normally done in sequence, is an example of the application of the schedule compression technique called fast tracking. There is no single best way to define an ideal project life cycle. Some organizations have established policies that standardize all projects with a single life cycle, while others allow the project management team to choose the most appropriate life cycle for the teams project. Further, industry common practices will often lead to the use of a preferred life cycle within that industry. Project life cycles generally define: What technical work to do in each phase (for example, in which phase should the architects work be performed?) When the deliverables are to be generated in each phase and how each deliverable is reviewed, verified, and validated Who is involved in each phase (for example, concurrent engineering requires that the implementers be involved with requirements and design) How to control and approve each phase. Project life cycle descriptions can be very general or very detailed. Highly detailed descriptions of life cycles can include forms, charts, and checklists to provide structure and control. Most project life cycles share a number of common characteristics: Phases are generally sequential and are usually defined by some form of technical information transfer or technical component handoff. Cost and staffing levels are low at the start, peak during the intermediate phases, and drop rapidly as the project draws to a conclusion. The level of uncertainty is highest and, hence, risk of failing to achieve the objectives is greatest at the start of the project. The certainty of completion generally gets progressively better as the project continues. The ability of the stakeholders to influence the final characteristics of the projects product and the final cost of the project is highest at the start, and gets progressively lower as the project continues. A major contributor to this phenomenon is that the cost of changes and correcting errors generally increases as the project continues. Although many project life cycles have similar phase names with similar deliverables, few life cycles are identical. Some can have four or five phases, but others may have nine or more. Single application areas are known to have significant variations. One organizations software development life cycle can have a single design phase, while another can have separate phases for architectural and detailed design. Subprojects can also have distinct project life cycles. For example, an architectural firm hired to design a new office building is first involved in the owners definition phase while doing the design, and in the owners implementation phase while supporting the construction effort. The architects design project, however, will have its own series of phases from conceptual development, through definition and implementation, to closure. The architect can even treat designing the facility and supporting the construction as separate projects, each with its own set of phases. Characteristics Of Project Phases The completion and approval of one or more deliverables characterizes a project phase. A deliverable is a measurable, verifiable work product such as a specification, feasibility study report, detailed design document, or working prototype. Some deliverables can correspond to the project management process, whereas others are the end products or components of the end products for which the project was conceived. The deliverables, and hence the phases, are part of a generally sequential process designed to ensure proper control of the project and to attain the desired product or service, which is the objective of the project. In any specific project, for reasons of size, complexity, level of risk, and cash flow constraints, phases can be further subdivided into subphases. Each subphase is aligned with one or more specific deliverables for monitoring and control. The majority of these subphase deliverables are related to the primary phase deliverable, and the phases typically take their names from these phase deliverables: requirements, design, build, test, startup, turnover, and others, as appropriate. A project phase is generally concluded with a review of the work accomplished and the deliverables to determine acceptance, whether extra work is still required, or whether the phase should be considered closed. A management review is often held to reach a decision to start the activities of the next phase without closing the current phase, for example, when the project manager chooses fast tracking as the course of action. Another example is when an information technology company chooses an iterative life cycle where more than one phase of the project might progress simultaneously. Requirements for a module can be gathered and analyzed before the module is designed and constructed. While analysis of a module is being done, the requirements gathering for another module could also start in parallel. Similarly, a phase can be closed without the decision to initiate any other phases. For example, the project is completed or the risk is deemed too great for the project to be allowed to continue. Formal phase completion does not include authorizing the subsequent phase. For effective control, each phase is formally initiated to produce a phase-dependent output of the Initiating Process Group, specifying what is allowed and expected for that phase, as shown in Figure 2-3. A phase-end review can be held with the explicit goals of obtaining authorization to close the current phase and to initiate the subsequent one. Sometimes both authorizations can be gained at one review. Phase-end reviews are also called phase exits, phase gates, or kill points. Project Management Processes The project management processes are presented as discrete elements with well- defined interfaces. However, in practice they overlap and interact in ways that are not completely detailed here. Most experienced project management practitioners recognize there is more than one way to manage a project. The specifics for a project are defined as objectives that must be accomplished based on complexity, risk, size, time frame, project teams experience, access to resources, amount of historical information, the organizations project management maturity, and industry and application area. The required Process Groups and their constituent processes are guides to apply appropriate project management knowledge and skills during the project. In addition, the application of the project management processes to a project is iterative and many processes are repeated and revised during the project. The project manager and the project team are responsible for determining what processes from the Proce ss Groups will be employed, by whom, and the degree of rigor that will be applied to the execution of those processes to achieve the desired project objective. An underlying concept for the interaction among the project management processes is the plan-do-check-act cycle. This cycle is linked by results   the result from one part of the cycle becomes the input to another. See Figure 3-1. The integrative nature of the Process Groups is more complex than the basic plan-do-check-act cycle (see Figure 3-2). However, the enhanced cycle can be applied to the interrelationships within and among the Process Groups. The Planning Process Group corresponds to the plan component of the plan-do-check-act cycle. The Executing Process Group corresponds to the do component and the Monitoring and Controlling Process Group corresponds to the check and act components. In addition, since management of a project is a finite effort, the Initiating Process Group starts these cycles and the Closing Process Group ends them. The integrative nature of project management requires the Monitoring and Controlling Process Group interaction with every aspect of the other Process Groups. Project Management Process Groups Mapped to the Plan-Do-Check-Act Cycle Project Management Process Groups There are five dependent Project Management Process Groups which are required for any project. These five Process Groups are performed in the same sequence on every project and are independent of application areas or industry focus. Individual Process Groups and constituent processes are often iterated prior to completing the project. Constituent processes can also have interactions both within a Process Group, and among all Process Groups. Process Groups Processes within the Process Groups Organizational Process Assets and Enterprise Environmental Factors, which are shown as inputs to and outputs from the Process Groups, and external to the processes Arrows or line arrows indicate data or process flow among or within the Process Groups. The process flow diagram, which is shown in Figure 3-4, provides an overall summary of the basic flow and interactions that happen among the Process Groups. An individual process may define and constrain the use of inputs to produce outputs for that Process Group. Each Process Group includes the constituent project management processes which are linked by the respective inputs and outputs; so the result or outcome of one process becomes the input to another. It is important to mention that The Process Groups are not project phases. All Process Group processes are normally repeated for each phase or subproject. The Process Groups are: Initiating Process Group: Defines and also authorizes the project, or a project phase. Planning Process Group: Defines and refines the objectives and plans the course of action that is required to attain the objectives and scope that the project has to address. Executing Process Group: Integrates resources (like people) to carry out the project management plan for the project. Monitoring and Controlling Process Group: Regularly measures and monitors progress to identify the variances from the project management plan to take the corrective when it is necessary to meet project objectives. Closing Process Group. Formalizes acceptance of the result (product or service) and brings the project (or a project phase) to an orderly end. Initiating Process Group The initiation processes determine the scope and nature of the project. If this stage is not done well, probably the project will not be successful in meeting its defined needs. The key project controls that are needed here are an understanding of the business environment, and also making sure that all of the necessary controls are incorporated. The failures have to be reported and a recommendation should be made for fixing them. The initiation stage should include a plan that covers the following areas: Analysis of the business requirements in measurable goals Review of the current operations Financial analysis of the costs and benefits containing a budget Stakeholder analysis and support personnel for the ongoing project Project charter containing costs, tasks, deliverables, and schedule Planning Process Group Following the initiation stage, the project is planned to a suitable level of detail. The main aim is to plan time, cost and resources sufficiently to estimate the work needed and to effectively manage the risk during project execution. Like the Initiation processes, a failure to adequately plan greatly decreases the projects chance of successfully accomplishing the goals. Project planning is generally consisted of the following: Finding out how to plan developing the scope statement; selecting the planning team; identifying the deliverables and creating the WBS; identifying the activities that are needed to complete the deliverables and networking the activities in their coherent sequence; estimating the resources required for the activities; estimating time and cost for activities; developing the schedule; developing the budget; risk planning; Getting the formal approval to begin work. For new product development projects, conceptual design of the operation of the final product may be performed simultaneous with the project planning activities, and can help to inform the planning team during identification of deliverables and planning activities. Executing Process Group Executing is consisted of the processes which are used to complete the work defined in the project management plan to gain the projects requirements. Execution process contains coordinating people and resources, as well as integrating and performing the activities of the project in accordance with the project management plan. The deliverables are then produced as outputs from the processes performed as is defined in the project management plan. Monitoring And Controlling Process Group Monitoring and controlling mainly consists of the processes that are performed for observation of project execution. Therefore, the potential problems can be easily identified in a timely manner and needed corrective action can be taken, to control the execution of the project. The key benefit is that project performance is observed on a regular basis to identify variances from the project management plan. Monitoring and Controlling process group includes: Measuring the current project activities; Monitoring the project variables (cost, effort, scope, etc.) with a look at the project management plan and the project performance baseline; Identifying needed corrective actions to address topics and risks properly; Influencing the factors that could circumvent structured change control so only approved changes are accepted and implemented In multi-phase projects, the monitoring and controlling process may also provide feedback between project phases for implementing corrective or preventive actions to bring the project in compliance with the project management plan. Project Maintenance is an ongoing process. Therefore, it includes: Ongoing support of end users Correcting errors Updating the software over time Monitoring And Controlling Cycle Over the trend of any construction project, the work scope might change. Change is an expected and normal part of the construction process. Change can be the result of necessary design modifications, differing site conditions, contractor-requested changes, material availability, value engineering and affects from third parties. Beyond executing the change in the field, the change needs to be documented to show what is actually constructed. This is referred to as Change Management. When changes are implemented to the project, the feasibility of the project has to be re-checked. It is important not to lose sight of the initial goals and targets of the projects. When the changes are collected, the forecasted result may not explain the original proposed investment in the project. Closing Process Group Closing includes the formal acceptance of the project and the ending thence. Managerial activities include the archiving of the files and documenting everything. This phase mainly consists of: Project close: Finalizing all activities across process groups to formally close the project Contract closure: Completing and settling each contract (including the resolution of any open items) and closing each contract applicable to the project or project phase Overview Of Project Risk Management Project Risk Management includes the processes concerned with conducting risk management planning, identification, analysis, responses, and monitoring and control on a project; most of these processes are updated throughout the project. The objectives of Project Risk Management are to increase the probability and impact of positive events, and decrease the probability and impact of events adverse to the project. Figure 11-1 provides an overview of the Project Risk Management processes, and Figure 11-2 provides a process flow diagram of those processes and their inputs, outputs, and other related Knowledge Area processes. The Project Risk Management processes include the following: 1. Risk Management Planning: deciding how to approach, plan, and execute the risk management activities for a project. 2. Risk Identification: determining which risks might affect the project and documenting their characteristics. 3. Qualitative Risk Analysis: prioritizing risks for subsequent further analysis or action by assessing and combining their probability of occurrence and impact. 4. Quantitative Risk Analysis: numerically analyzing the effect on overall project objectives of identified risks. 5. Risk Response Planning: developing options and actions to enhance opportunities, and to reduce threats to project objectives. 6. Risk Monitoring and Control: tracking identified risks, monitoring residual risks, identifying new risks, executing risk response plans, and evaluating their effectiveness throughout the project life cycle. These processes interact with each other and with the processes in the other Knowledge Areas as well. Each process can involve effort from one or more persons or groups of persons based on the needs of the project. Each process occurs at least once in every project and occurs in one or more project phases, if the project is divided into phases. Although the processes are presented here as discrete elements with well-defined interfaces, in practice they may overlap and interact in ways not detailed here. Process interactions are discussed in detail in Chapter 3. Project risk is an uncertain event or condition that, if it occurs, has a positive or a negative effect on at least one project objective, such as time, cost, scope, or quality (i.e., where the project time objective is to deliver in accordance with the agreed-upon schedule; where the project cost objective is to deliver within the agreed-upon cost; etc.). A risk may have one or more causes and, if it occurs, one or more impacts. For example, a cause may be requiring an environmental permit to do work, or having limited personnel assigned to design the project. The risk event is that the permitting agency may take longer than planned to issue a permit, or the design personnel available and assigned may not be adequate for the activity. If either of these uncertain events occurs, there may be an impact on the project cost, schedule, or performance. Risk conditions could include aspects of the projec

I Have A Dream Speech Outline Theology Religion Essay

I Have A Dream Speech Outline Theology Religion Essay 2 Five score years ago, a great American, in whose symbolic shadow we stand today, signed the Emancipation Proclamation. This momentous decree came as a great beacon light of hope to millions of Negro slaves, who had been seared in the flames of withering injustice. It came as a joyous daybreak to end the long night of their captivity. 3 But one hundred years later, the Negro still is not free. One hundred years later, the life of the Negro is still sadly crippled by the manacles of segregation and the chains of discrimination. One hundred years later, the Negro lives on a lonely island of poverty in the midst of a cast ocean of material prosperity. One hundred years later, the Negro is still languished in the corners of American society and finds himself an exile in his own land. And so weve come here today to dramatize a shameful condition. Tie To Audience/ Relevancy Statement/ Reveal Your Topic : Author linked freedom to checks, signifying that every American has this check but African Americans are unable to claim it. 4 In a sense weve come to our nations capitol to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men yes, black men as well as white men would be guaranteed the unalienable rights of life, liberty, and the pursuit of happiness. 5 It is obvious today that America has defaulted on this promissory note to insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check a check which has come back marked insufficient funds.   Credibility Material : Speaker self is an African American speaking on the common issue faced by all. 6 But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. And so weve come to cash this check a check that will give us upon demand the riches of freedom and the security of justice. Thesis Preview: Thesis: Emphasized on a brief summary of now and its importance. 7 We have also come to this hallowed spot to remind America of the fierce urgency of now. This is no time to engage in the luxury of cooling off or to take the tranquilizing drug of gradualism. Now is the time to make real the promises of democracy. Now is the time to rise from the dark and desolate valley of segregation to the sunlit path of racial justice. Now is the time to lift our nation from the quicksands of racial injustice to the solid rock of brotherhood. Now is the time to make justice a reality for all of Gods children. Preview: Why now . 8 It would be fatal for the nation to overlook the urgency of the moment. This sweltering summer of the Negros legitimate discontent will not pass until there is an invigorating autumn of freedom and equality. Nineteen sixty-three is not an end, but a beginning. Those who hope that the Negro needed to blow off steam and will now be content will have a rude awakening if the nation returns to business as usual. There will be neither rest nor tranquility in America until the Negro is granted his citizenship rights. The whirlwinds of revolt will continue to shake the foundations of our nation until the bright day of justice emerges. Transition: Moving into main points elaborating why now . 9 But there is something that I must say to my people, who stand on the warm threshold which leads into the palace of justice. In the process of gaining our rightful place, we must not be guilty of wrongful deeds. Let us not seek to satisfy our thirst for freedom by drinking from the cup of bitterness and hatred. Body Main Point 1 : 10 We must forever conduct our struggle on the high plane of dignity and discipline. We must not allow our creative protest to degenerate into physical violence. Again and again we must rise to the majestic heights of meeting physical force with soul force. Subpoint 1: 11 The marvelous new militancy which has engulfed the Negro community must not lead us to a distrust of all white people. For many of our white brothers, as evidenced by their presence here today, have come to realize that their destiny is tied up with our destiny. They have come to realize that their freedom is inextricably bound to our freedom. We cannot walk alone. Sub-sub point/elaboration: 12 As we walk, we must make the pledge that we shall always march ahead. We cannot turn back. There are those who are asking the devotees of civil rights, When will you be satisfied? Sub-sub point/elaboration: We can never be satisfied as long as the Negro is the victim of the unspeakable horrors of police brutality. We can never be satisfied as long as our bodies, heavy with the fatigue of travel, cannot gain lodging in the motels of the highways and the hotels of the cities. We cannot be satisfied as long as the Negros basic mobility is from a smaller ghetto to a larger one. We can never be satisfied as long as our children are stripped of their selfhood and robbed of their dignity by signs stating For Whites Only. We cannot be satisfied as long as a Negro in Mississippi cannot vote and a Negro in New York believes he has nothing for which to vote. No, no, we are not satisfied, and we will not be satisfied until justice rolls down like waters, and righteousness like a mighty stream. Subpoint 2: 13 I am not unmindful that some of you have come here out of great trials and tribulations. S Sub-sub point/elaboration: Some of you have come fresh from narrow jail cells. Some of you have come from areas where your quest for freedom left you battered by the storms of persecution and staggered by the winds of police brutality. Sub-sub point/elaboration: You have been the veterans of creative suffering. Continue to work with the faith that unearned suffering is redemptive. Transition: 14 Go back to Mississippi, go back to Alabama, go back to South Carolina, go back to Georgia, go back to Louisiana, go back to the slums and ghettos of our Northern cities, knowing that somehow this situation can and will be changed. Let us not wallow in the valley of despair. Main Point 2 : 15 I say to you today, my friends, so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream. 1. Subpoint 1 : 16 I have a dream that one day this nation will rise up and live out the true meaning of its creed, We hold these truths to be self-evident, that all men are created equal. Sub-sub point/elaboration: 17 I have a dream that one day on the red hills of Georgia the sons of former slaves and the sons of former slaveowners will be able to sit down together at the table of brotherhood. 18 I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice. Sub-sub point/elaboration: 19 I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. I have a dream today. 20 I have a dream that one day, down in Alabama, with its vicious racists, with its governor having his lips dripping with the words of interposition and nullification, one day right there in Alabama little black boys and black girls will be able to join hands with little white boys and white girls as sisters and brothers. I have a dream today. 21 I have a dream that one day every valley shall be exalted, every hill and mountain shall be made low, the rough places will be made plane and the crooked places will be made straight, and the glory of the Lord shall be revealed, and all flesh shall see it together. 2. Subpoint 2: 22 This is our hope. This is the faith that I go back to South with. With this faith we will be able to hew out of the mountain of despair a stone of hope. With this faith we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood. With this faith we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day. S Sub-sub point/elaboration: 23 This will be the day this will be the day when all of Gods children will be able to sing with new meaning, My country tis of thee, sweetland of liberty, of thee I sing. Land where my fathers died, land of the pilgrims pride, from every mountainside, let freedom ring. And if America is to be a great nation, this must become true. Sub-sub point/elaboration: 24 So let freedom ring from the prodigious hilltops of New Hampshire. Let freedom ring from the mighty mountains of New York. Let freedom ring from the heightening Alleghenies of Pennsylvania! 3. Subpoint 3: 25 Let freedom ring from the snowcapped Rockies of Colorado! Let freedom ring from the curvaceous slopes of California! S Sub-sub point/elaboration: 26 But not only that. Let freedom ring from Stone Mountain of Georgia! 27 Let freedom ring from Lookout Mountain of Tennessee! 28 Let freedom ring from every hill and molehill of Mississippi. From every mountainside, let freedom ring.   III. Conclusion Brakelight: 29 And when this happens, Summary: when we allow freedom ring when we let it ring from every village and every hamlet, from every state and every city Tie Back to Audience: we will be able to speed up that day when all of Gods children, black men and white men, Jews and Gentiles, Protestants and Catholics, will be able to join hands and sing in the words of the old Negro spiritual, Concluding Memorable Remarks: Free at last! Free at last! Thank God almighty, we are free at last!