Thursday, March 12, 2020
The 5 Steps to Becoming a Lawyer Complete Guide
The 5 Steps to Becoming a Lawyer Complete Guide SAT / ACT Prep Online Guides and Tips Law is one of the toughest trades to break into - thereââ¬â¢s a lot of competition out there, and thereââ¬â¢s a lot at stake (law school isnââ¬â¢t exactly cheap). If youââ¬â¢re interested in entering the legal profession, you should be well-informed about everything it takes to become a lawyer. Here, Iââ¬â¢ll go through all the steps of how to become a lawyer. Before I jump into that, however, Iââ¬â¢ll begin by touching briefly on what the job market looks like for lawyers both now and in the future. What Is the Career Outlook for Law? Before we get into exactly howto become a lawyer,I'll talk a bit about what the job is actually like before jumping into more logistical concerns (like salary and projectedjob availability). This stuff may not be particularly exciting, but it's helpful to be informed about how easy (or difficult) it'll be to find a job in the field after you're done with school. What Does a Lawyer Do? Law is a very broad profession - lawyers can do all sorts of different jobs. They may work in corporate, private, and government settings. Common responsibilities include providing legal counsel and advice, researching information or evidence, drawing up legal documents, and prosecuting/defending in court. Occupational Outlook Here's some important info about the law profession from the Bureau of Labor Statistics: 2014 Median Pay: $114,970 per year Job Outlook, 2014-2014 (i.e. the average growth in the number of jobs): 6%, which is about average across all professions The number of jobs may be projected to grow as fast as average, but there are some other important factors at play here. Namely, competition for jobs is likely to be extremely high- the number of students whograduate from law school each year is higher than the number of new jobs available. In a nutshell: the market is pretty saturated with law graduates at the moment, which means that finding and keeping a job in the field is no small feat. Even the American Bar Association started discouraging people from going to law school after the 2008 market crash - the profession is recovering very, very slowly. If youââ¬â¢re on the fence about law school, Iââ¬â¢d encourage you to read this article, written by a lawyer, in the Huffington Post (fair warning, it includes plenty of colorful language). This isnââ¬â¢t to say that no one should become a lawyer - if you plan on pursuing this career path, however, you should be aware of all the challenges youââ¬â¢ll face along the way. Step 1: Excel in High School With such serious competition in the field, itââ¬â¢s best to take your academic performance seriously from an early age. One of the best things you can focus on is bettering your chances of getting into a great college or university. Put simply, better grades in high school ââ â better school for your BA degree ââ â better law school ââ â better chances of getting a job. Law is one profession where it really matters where you go to school. Attending a top-15 law school doesn't guarantee that you'll end up with a great job, but it really helps. Attending a lower-ranked school will likely make it very difficult to find work. As such, you'll want to put yourself in the best position to succeed starting as early as high school. Follow these tips in high school to start off on the right foot: Courses There arenââ¬â¢t really any specific classes you can take to prep this early for law school, but you can work on developing some of those critical skills that I mentioned earlier, like writing and critical thinking. Aim to take as many advanced and/or AP courses as possible. Classes inEnglish, Government, Economics, and Math will all you well in college and law school (and will pay off even if you change your mind about becoming a lawyer). Extracurricular Activities and Leadership Extracurricular activities, volunteer work, and leadership experience all help boost your college applications. Some activities might double as a way to get a feel for the legal profession. Check out these posts for more information on these activities: Complete list of extracurriculars How to get leadership experience in your extracurriculars 9 best places to do community service If available at your school, you may want to check out Mock Trial (a club that simulates court trials),Debate, orModel UN- all of these activities help students develop writing, critical thinking, and leadership skills.If your school doesnââ¬â¢t have anyof these clubs, consider starting one yourself! Activities like mock trial are pretty different from what most lawyers actually do, but it's the closest you can get to legal experience in high school. Finally, high school is a good time to learn more about what being a lawyer is actually like. Here are some ways to get more hands-on experience: Shadow a lawyer. Volunteer with a local legal aid organization. Talk to any friends or family members who work in the field about how they spend their time at work, what they like/donââ¬â¢t like about their jobs, whether they would do anything different, etc. ACT/SAT Prep One big part of getting into a good college is doing well on your ACT or SAT. Whichever test you choose, itââ¬â¢s best to take it more than once - aim to take your first test fall of junior year (at the latest). Read more about: Whether to take the SAT or ACT How long you should study for the SAT or ACT Complete study guide for the SAT or ACT How to get a perfect score on the SAT or ACT College Applications If you end up at a well-ranked school, the followingsteps youââ¬â¢ll have to take to become a lawyer will be that much easier. Like I mentioned earlier, students at top-15 law schools have a much easier time finding a job than students at lower-ranked schools. The better your undergraduate program, the better your chances of getting into one of these top law schools. So where do you start when it comes to looking at colleges? You donââ¬â¢t have to look for schools with dedicated pre-law programs. In fact, some people argue that students hoping to go to law school should avoid pre-law majors altogether (Iââ¬â¢ll talk more about this in the next section). Learn more about how and when to apply for college. Step 2: Get Involved in College You need a Bachelorââ¬â¢s degree at minimum in order to go on to law school, and it definitely helps if you end up at a school with a strong reputation. Once you get to college, itââ¬â¢s important to keep up your academic performance (your grades will be important when you apply to law school). A minimum GPA of 3.0 is required for pretty much every law school in the US, but the truth is that this probably isnââ¬â¢t competitive enough. Aim for 3.5+ (the higher the better). Staying on the Right Side of the Law The first thing youshould keep in mind as a college student is that any sort of criminal record may prevent you from becoming a lawyer.The American Bar Association puts aspiring lawyers through a moral character screening process (I'll speak more about this towards the end). If youââ¬â¢re generally honest and havenââ¬â¢t broken any laws, you wonââ¬â¢t have any issues - just try to stay out of trouble as you make your way through the following steps. Choosing a Program or Major The American Bar Association (ABA) doesnââ¬â¢t recommend any specific major or discipline for students who hope to become lawyers.Some schools have pre-law programs, but (as I've mentioned) theyââ¬â¢re rare and not necessary in order to get into a great law school. The most important core skills you can develop include critical thinking, logic reasoning, reading comprehension, and communication.Some majors which may prove useful for the LSAT/law school include: English Political Science Business Philosophy Psychology Math Journalism You donââ¬â¢t have to know exactly what kind of law you hope to go into. If you do have an idea, though, you might use that to inform your choice of major.If you're interested in corporate law, for example, you might major in Business. If you're interested in tax law, considerMath. Develop Relationships With Professors Youââ¬â¢ll need several strong letters of recommendation from respected faculty members when you submit your law school applications - use this to motivate you to network with as many people as possible. Develop relationships with professors and mentors by going to office hours, participating in class, and taking opportunities to work on research projects. Get Involved Iââ¬â¢ll go into more detail when I discuss law school apps, but most schools are looking for applicants whodemonstrate some sort of social and professional engagement, community service, extracurricular involvement, and/or work experience. Start by looking into volunteering with legal aid services at your university or in your neighborhood. If you'd like more ideas, check out our posts ondifferent community service opportunitiesandextracurricular activities. You can gain similar hands-on law experience by getting a student job. A position in a law firm (even in an administrative capacity) will help you get a better idea of the day-to-day work as a lawyer. A paying job also means more funds to covercollege and law school expenses. Prepare for Law School Applications Youââ¬â¢ll have the best chances of finding a job (especially a well-paying job) after getting your J.D. if you attend a top-15 law school (remember how I talked about how competitive it is out there for new lawyers)? To optimize your chances of getting into one of these schools, start working on your apps the summer before the year you want to begin your J.D. For example,if you want to start law school right after college, start working on apps the summer before your senior year First, you should figure out whether you want to go to law school right after you graduate from college. If so, you need to plan on spending most of your senior year preparing for the LSAT and law school applications (Iââ¬â¢ll go into more detail about the LSAT in the next section). The LSAT should be completed, and applications should be sent off the winter of your senior year if you donââ¬â¢t want a gap between college and law school. A small side note: there is nothing wrong with taking time off from school after college graduation. If this is what you hope to do, you can use this time to get more law experience (e.g. working as a paralegal). You'll also need to prepare those letters of recommendation - ask professors/mentors if they'd write them for you at least 12 weeks prior to application due dates. Finally, register for the LSAT, and take the exam (at the latest) in December the same year you submit your apps. Step 3: Ace the LSAT and Law School Applications The Law School Admissions Test, or LSAT, is an exam all aspiring law students must take. Itââ¬â¢s a half-day standardized test for admission to all American Bar Association-approved law schools and serves the same purpose as the SAT and ACT when students apply to colleges. Exam scores range from 120-180 The average score is about 150 You have to score well over 160 to get into a top 25 law school The LSAT is a huge part of your law school applications - it might even be as important as your college GPA. As such, it requires that you dedicate some serious study time to the exam. The recommended study time for the LSAT is150-300 hours.This comes out to 20-25 hours a week for 2-3 months, which is obviously a serious commitment.You might want to look into a LSAT study program if you have trouble staying on track and/or motivated. The test is administered only four times a year - usually in February, June, September, and December - so plan on registering months in advance.The latest you can take the LSAT for Fall admission is December of the previous year, although it's best to take it earlier (aim for June or September). Studying for the LSAT: your new part-time job. Submitting Your Law School Applications Just like with college apps, law school apps consist of several parts. Their major components are your personal statement, LSAT score, letters of recommendation, transcripts, and resume. Let's go through what you should do to submit each of these components. Iââ¬â¢ve already talked about the importance of preparing for the LSAT, forming relationships with profs for letters of rec, and doing well in college for a great transcript. Personal Statement Your personal statement is one of the only ways that admissions offices will get any insight into who you are and why you care about going to law school.You should write several drafts, well in advance of your application deadlines. Have a trusted prof or mentor read over your personal statement and give comments 3-4 months before the deadline. Read more about how to write a great personal statement. Resume Your personal statement may demonstrate what you think and believe, but your resume demonstrates what you actually do. According to UChicagoââ¬â¢s Law School admissions office, schools are looking for several things in an applicantââ¬â¢s resume, including: Evidence of a strong work ethic Social and professional engagement Some combination of community service, extracurricular involvement, or work experience It should be polished and professional - visit your schoolââ¬â¢s career center for guidance. Submitting Your Applications All materials should be submitted by the winter before you hope to go to law school. Competition for a reputable school is tougher than it is for colleges, so you should plan on submitting more apps. Most applicants apply to at least four schools, but I would encourage you to apply to 8-10. Whatever you do, only apply to American Bar Association-approved law schools - an unapproved law school degree is basically worthless. Donââ¬â¢t wait until the last minute to submit all of your materials. This doesnââ¬â¢t leave you any extra time to fill any gaps in your application, or opportunities to fix any issues. Finally, you should be prepared for potentially uncomfortable application costs. Some applications are free, but others may cost $100 or more. It may be helpful to start budgeting for these expenses a few months before applications are due. Step 4: Earn Your JD at Law School Itââ¬â¢ll take you three years to earn your law school degree. If you want one to find success after graduation - no matter what type of law you hope to go into - youââ¬â¢ve got to do well in law school. The way students are graded here is very different from how theyââ¬â¢re graded in college. Here are some important things you should know before heading off to law school: Your first year is really important. Law firms usually hire summer associates at the beginning of the second year - at this point, only grades from your first year will be available. The type of jobs available to you as a student - and after graduation - will be heavily dependent on your grades from 1L. Your grades are mostly dependent on your exam performance. Youââ¬â¢ll receive few (if any) graded assignments outside of your final exams. This means that itââ¬â¢s important to keep up with your work and your reading through the entire semester. Plan on keeping meticulous notes. Youââ¬â¢ll be learning about a lot of cases, and itââ¬â¢s important that youââ¬â¢re able to easily access notes from class about each one. Itââ¬â¢s not uncommon for professors to allow notes in some final exams. Many successful students form study groups to work together to share notes. Do your readings and prepare to get cold-called. Law professors are notorious for cold-calling on students in class, so youââ¬â¢ll want to do the reading (and take notes) prior to heading to lecture. You want to make a good impression on your profs! You'd think that acing your classes is the last big step to becoming a lawyer - but there's so much more to do. The MPRE While youââ¬â¢re in law school, you may have to take the MPRE (Multistate Professional Responsibility Examination), which is requiredfor admission to the bars of most states. The examination is meant to test students' knowledge and understanding of established standards related to a lawyer's professional conduct. When you need to take it, and the minimum passing score, varies based on your jurisdiction. For example, some states requireyou to pass it before you take the bar exam(sometimes months in advance). Do your research on whatââ¬â¢s required in your jurisdiction (or where you hope to practice in the future) early on in law school. Professional Experience A big part of law school involves networking (and just plain working) in an effort to secure a job before you even graduate. Youââ¬â¢re going to be very busy keeping up with your schoolwork, but, if possible, itââ¬â¢s to your advantage to work parts of possible jobs include assistant, file clerk, messenger, or intern (paid or unpaid). More importantly, you'll want to start thinking about landing those summer associate and internship positions. The best way to secure these jobs while you're in school is to network as much as possible - attend student events, communicate with your profs, and be on the lookout for recruiters. Unfortunately for students without a ton of available resources, many legal internships (even at very prestigious firms) are unpaid. Some law students take out loans, in addition to loans that they use to pay for tuition, to cover expenses associated with taking summer internships. This is important to consider as you budget for both law school and your career after you pass the bar. Be conscious of the sort of internships and associate positions you seek out for yourself. Oftentimes (if you do well), these employers will offer you a full-time job after you graduate. In fact, itââ¬â¢s pretty normal to have a job like this lined up in your third year of law school. To sum up: the better your grades (especially your first year), the better your summer job opportunities. The better your summer job opportunities, the more likely you are to land an awesome job after graduation. Unpaid internships are not ideal, but they may be necessary if you want to land a great job after law school. Step 5: Pass the Bar Exam In order to practice law in the US, you have to pass the Bar exam. Most students do this the summer after they graduate from law school, when information is still fresh in their minds. The exam varies by state, but some parts are standardized: MEE: Essay exam MPT: Performance Test The Bar: A separate test administered by each jurisdiction/area Mostexamslast two days total, although some states (e.g. CA) have 3-day exams. To find out more about what the exam is like in different jurisdictions, check out the National Conference of Bar Examinersââ¬â¢ website. Preparing for the Bar The Bar is a notoriously difficult exam. Pass rates vary by state, although some states (again, like CA) have rates as low as 46.6%. It doesnââ¬â¢t matter how well you do as compared to other test-takers, as long as you pass. Youââ¬â¢ll have to prep for all areas of law that will show up on the test, even if you donââ¬â¢t plan on practicing in most of them. These areas include: Constitutional law Contracts Criminal law and procedure Evidence Real property Torts One expert suggested that if youââ¬â¢re preparing for the California Bar Exam - one of the most difficult in the country - you should study for 400 to 600 hours.If you study for 20 hours a week, that comes out to 20-30 weeks of prep time. Youââ¬â¢ll have to start studying for the bar while youââ¬â¢re still a 3rd year student if you follow the traditional timeline - this may prove helpful if youââ¬â¢re able to form a study group with others. There are a few different ways to prep for the bar exam: Independent study. This may work for students at a well-reputed law school who are also performing well in their classes. A quality education + strong foundational knowledge are the factors that most positively affect performance on the bar, but students would still of course need to spend significant time preparing. A bar prep course. Law students commonly take prep courses when they want a solid review schedule that will keep them on track. Thereââ¬â¢s a lot of material to cover, and a good course helps you make sure there arenââ¬â¢t any major gaps in your knowledge of content or strategy. They can be very expensive, however - most are several thousand dollars. Check out Barbri.com, Kaptest.com, and Adaptibar.com (a less expensive, supplemental option). A private tutor. Students who attend a poorly-ranked law school, whose grades werenââ¬â¢t up to par, or who have failed the bar before may want to consider this option. If you choose to seek out a tutor, choose someone with glowing recommendations and years of tutoring experience - they wonââ¬â¢t come cheap, but theyââ¬â¢re also less likely to waste your time and money. Like I mentioned earlier, most students plan on taking the bar (in the jurisdiction they plan to practice) the summer after they graduate from law school. Read a more detailed guide onpreparing for and taking the bar exam. Final Steps: Beyond the Bar If youââ¬â¢ve made it this far, you know that there are so many hoops to jump through for aspiring lawyers. Once youââ¬â¢ve passed the bar and gotten a job, however, you should know youââ¬â¢re not quite done! Continuing Legal Education (CLE) is an important part of staying informed and up-to-date.Information on state-by-state requirements for CLE available through the American Bar Association. Fortunately, itââ¬â¢s not too big of a deal when compared to all of the education and exams you would have to endure through this point. Finally,The ABA puts aspiring lawyers through a moral character screening process. If youââ¬â¢re generally honest and havenââ¬â¢t broken any laws, you wonââ¬â¢t have any issues.The process varies by state - see CA as an example. How to Become a Lawyer: Summary This is a ton of information to take on at once, especially if youââ¬â¢re at the beginning of this process (or even if youââ¬â¢re still unsure about becoming a lawyer). Let's review the five main steps: Do well in high school. Study hard and get involved in your community in college. Prepare for the LSAT and give careful thought to your applications. Attend law school. Pass the bar exam and become licensed to practice law. This process may feel overwhelming, but here are a few important things to keep in mind: The path to becoming a lawyer is fairly flexible until you actually have to submit law school applications. This gives you tons of time to figure out whether the path is right for you. You donââ¬â¢t have to think about all of these steps at the same time. Once youââ¬â¢re in law school, your peers will be thinking about (and worrying about) the same things - thereââ¬â¢s no way youââ¬â¢ll forget any important steps. Becoming a lawyer is definitely not for everyone - itââ¬â¢s a particularly competitive field right now, and most lawyersââ¬â¢ jobs are nothing like what you see on TV. But if you decide you want to enter the legal profession, you now have the info you need to start off on the right foot. What's Next? You have a lot to think about, but remember: you just have to take it one step at a time. To give yourself a head start, think about seriously preparing to get into a great college. Read about how to get a perfect score on the ACT or the SAT, and check out our guide on how to get into an Ivy League school. Want to improve your SAT score by 160 points or your ACT score by 4 points?We've written a guide for each test about the top 5 strategies you must be using to have a shot at improving your score. Download it for free now:
Tuesday, February 25, 2020
Obesity in Older Adults Essay Example | Topics and Well Written Essays - 1250 words
Obesity in Older Adults - Essay Example Introduction Obesity can be simply referred to a medical condition caused by excessive accumulation of body fat, which can eventually cause adverse effects on oneââ¬â¢s health. To define, ââ¬Å"obesity is an excess of body fat that frequently results in a significant impairment of health.â⬠(Das, 2010, p.44). Although people use the terms obesity and overweight interchangeably, in fact, obesity and overweight are two distinct physical conditions which have already been clearly defined using scientific standards. Body Mass Index (BMI) is the common tool used to identify whether or not a personââ¬â¢s body fat is excessive. According to BMI standards, an individual is said to be overweight when his BMI lies between the ranges of 25-29.9. The person becomes obese when his BMI goes beyond the range 30. Evidently, obesity has become a major health issue among older adults. According to Villareal et al (as cited in Newman, 2009), the prevalence of obesity in people between the a ge range 50-69 increased by 56% in 2000 whereas in people above the age 70 it increased by 36%, since 1991. Causes of Obesity The relationship between energy consumption and expenditure is the major determinant of the body-fat mass. Medical practitioners opine that obesity occurs when an individual consumes more calories (in the form of food) than what he actually needs. People require calories not only to sustain life, but also to maintain a satisfactory body weight. However, studies point to the fact that energy expenditure in 50-65 year old age group considerably declines and therefore likelihood of obesity increases as one becomes old. It has also been identified that hormonal changes in older adults (65 years of age and older) during aging may result in excessive accumulation of fat. Various changes associated with aging, including resistance to leptin, contribute to older adulthood obesity. As Newman (2009) argues, genetic features, socio-environmental factors, and several oth er elements contribute to obesity. Evidently, heredity is one of the major determinants of obesity. In other words, biological inheritance plays a significant role in fat variations. The researchers like Bouchard established that genotype greatly influences visceral fat. Since an individualââ¬â¢s type of food choices, level of physical activity, and other lifestyle behaviors are influenced by his surrounding environment, socio-environmental factors greatly affect his body fat levels. To illustrate, increasing ââ¬Å"eating outâ⬠food trends in Western countries directly lead to the consumption of excess fat content food and thereby obesity. While analyzing the global obesity data, it is obvious that obesity is more prevalent in Western countries, and especially in the United States. Several other factors including lack of sleep and continuous use of drugs also cause obesity. Some recent studies claim that issues such as joint pain and decreased mobility are also potential co ntributory factors to obesity as they cause decreased activity and thereby a proportionate decline in energy expenditure in older adults. Symptoms of Obesity As discussed earlier, a BMI of over 30 is the primary symptom of obesity. Large body frame is another notable symptom of obesity in older adults. Adults with obesity would face difficulties in doing their daily activities. In addition, breathlessness is another noticeable symptom
Sunday, February 9, 2020
Small Business Management Evaluation Essay Example | Topics and Well Written Essays - 1500 words
Small Business Management Evaluation - Essay Example Small business management entails precise analysis of how an entrepreneur provides the goods and services of his business in the market. It involves identifying the strengths and weaknesses of the business to be able to handle them in the production stage and ensure competitive advantage. An efficient management of a small enterprise requires an efficient marketing plan strategy that indicates the approach of the venture operation. The owner should establish the structures of the business that can effectively define the qualified professionals for the job. Operation of the small enterprise entails control of marketing strategies, sales, and advertising of the enterprise (Zimmerer & Scarborough, 2005, p. 12). Experts agree that marketing and sales represent the cornerstones of the starting business. Therefore, management of marketing sales is increasingly crucial for development and stability of the venture. In addition, the operation of a small enterprise requires various operation s kills, for instance, strong communication skills. Strong verbal and listening abilities are increasingly crucial in small enterprise. A sales manager must utilize proper words in an appropriate manner to pass the message accurately and clearly so as not to offend the clients. He must ensure effective customer care service to maintain customers for the productivity of the business. An employee motivation skill is crucial ââ¬â the manager must device workers motivation strategies to ensure that workers operate towards attaining crucial successes. Time management skills enable the manager to operate under strict time schedules and ensure fixed deadlines are met in time (Pickle & Abrahamson, 2006). Conflict management skills ââ¬â entrepreneurs should be wise and diplomatic to be able to mediate local disputes that occur regularly in the business. Mitigating the challenges as they appear enables the manager to prevent future challenges that may slow down or interrupt business ope rations. Negotiation skills, on the other hand, allow entrepreneurs to negotiate with clients and workers. Managing a small business needs a market target analysis because each enterprise has a target percentage of clients. Customer identification and target market identification is increasingly imperative to ensure a critical product campaign. In other words, promotion cost and the market campaign will be interrupted and expensive without customer and market identification, (Longenecker, Moore, & Petty, 2003, p. 23). Market identification eases the role of promotional plans creation. Quick financial investment is critical ââ¬â economists agree that small business operators should keep a well-managed planned budget for marketplace campaign and adhere to that budget. Quick financial investment ensures various market mechanisms such as Television adverts and Banner adverts for the success of the venture.
Thursday, January 30, 2020
Sources of Criminal Law Essay Example for Free
Sources of Criminal Law Essay A statute is a codified rule or written form of law. A statute identifies a particular rule of law or condition of a particular state or government. Each State has its own constitution; the states constitution and its laws are considered statutes. Generally, statutes are named through numbers or codes. Example: In Illinois, the definition of a forcible felony is found under : 720 ILCS 5/2-8. 720 is the criminal code, ILCS stands for Illinois Compiled Statutes, 5/2-8 specifies the location of the rule. The term, ââ¬Å"Throw the book at youâ⬠refers to the book of statutes or book of laws of the state. Throwing the book at you means they are charging you with as many things in the statute book as they can. Statutes define everything we do in government, they are the laws passed by our representatives in congress or the state senate. These laws deal with everything from crimes, to taxes, to how to get a speed bump put in on a county road. Statutes are rules of law enacted by government and can be challenged as violating one or more of your constitutionally protected rights. VS. Common law comes from the old English system of law we copied here in the US. Common law is the practice of enforcing rules we have followed in the past. Common law is defined by cases through the idea of precedent. Precedent is simply applying the same rule that did before. Citing precedent is like saying; ââ¬Å"you did this before, so do it again.â⬠Example: Common law is the same idea as most parents employ with their kids. If you punished one child for biting a classmate by sending them to their room, you will also give your next child the same punishment if they bite a classmate. This is because historically, the punishment for biting was being sent to ones room. Thus, that punishment becomes the common law or common rule. The concept of Stare Decisis adds another element to common law. Just like at your home with your kids, the courts can change the rules on us. However, the only court that can change the rule is the highest court to have addressed the issue. Basically, add chain of command to precedent. Example: If the Supreme Court of the US (highest Court in the entire US) makes a rule: such as the rule requiring all arrested person to be given Miranda rights, NO other court can change that rule except the US Supreme Court. Therefore every state has to follow that rule! Stare Decisis goes further though: If the US Supreme court decides NOT to address that issue and the highest court to hear the case was the Illinois Supreme Court, ONLY the Illinois courts have to follow the rule. This system goes all the way down to the courts in your area. If no courts have ever issued an opinion regarding the issue in the case at the district (trial court) level then they can apply any rule they see fit. How does this work? Statutes say what the rules of law are, Common law or case law defines how they are applied. Example: The constitution is a statute and this 2nd amendment says ââ¬Å"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.â⬠The statute can be read many different ways: Scholars debate whether the right to bear arms is a right you have all the time as a citizen or only in connection with militia service Common law or Case Law defines what the statutes mean. As recently as 2008, the Supreme Court was defining what the words of this statute (2nd Amend.) mean, the Supreme Court held, ââ¬Å"The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposesâ⬠District of Columbia v. Heller, 554 U.S. 570 (2008). Our laws come from both Common Law and are made up by statute: Many of our laws come from common law and are then ââ¬Å"codifiedâ⬠(formally written) into statutes. For example, most rules of evidence in a court room are defined by common law but have been ââ¬Å"codifiedâ⬠into formal statutes like the Federal Rules of Evidence. The concept of hearsay came from the common law of England. Requirements for a criminal Act Statutes define everything about a law. They lay out the Elements of a Crime. Elements of a crime are the specific conditions that need to be satisfied to be found guilty of a particular crime. Elements may include a personââ¬â¢s state of mind or mens rea. For example: to commit the crime of 1 degree murder (every state defines things and terms things slightly differently) most states require that the State prove the accused intended to commit the crime. To do this, some amount of evidence must show that the persons action were not accidental but intentional. Therefore the persons intent is said to be an element of the crime. Other elements of the crime of murder include: a dead body. Motivation or motive is NOT an element of a crime because motive is not a condition that must be met to commit the act. You donââ¬â¢t have to have a reason to kill someone Due Process The idea of Due Process comes from the 5th and 14th amendments of the US Constitution. The 14th Amendment applies the right to Due Process to every state and any law enacted by the states. Due Process is simple. It means that the government cannot take anything from you; not your house; not your liberty; not your life; not a single cent without affording you the right to process of law. Process of law can be very broad; it can mean a criminal trial, an administrative hearing or anything in between. This is why you can contest every ticket you ever get including speeding, jaywalking, or even code violations. This right says no citizen can have anything taken from them by the government without the right to their day in court. References District of Columbia v. Heller, 554 U.S. 570 (2008).
Wednesday, January 22, 2020
Bay Of Pigs :: American America History
Bay Of Pigs The story of the failed invasion of Cuba at the Bay of Pigs, which is located on the south coast of Cuba about 97 miles southeast of Havanna, was one of mismanagement, poor judgment, and stupidity ("Bay of Pigs" 378). The blame for the failed invasion falls directly on the CIA (Central Intelligence Agency) and a young president by the name of John F. Kennedy. The whole intention of the invasion was to assault communist Cuba and put an end to Fidel Castro. Ironically, thirty-nine years after the Bay of Pigs, Fidel Castro is still in power. First, it is necessary to look at why the invasion happened and then why it did not work. From the end of World War II until the mid-eighties, most Americans could agree that communism was the enemy. Communism wanted to destroy our way of life and corrupt the freest country in the world. Communism is an economic system in which one person or a group of people are in control. The main purpose of communism is to make the social and economic status of all individuals the same. It abolishes the inequalities in possession of property and distributes wealth equally to all. The main problem with this is that one person who is very wealthy can be stripped of most of his wealth so that another person can have more material goods and be his equal. The main reason for the Bay of Pigs attack on Cuba was the change to communism. On January 1, 1959, Cuban dictator Fulgencio Batista fled the country for the safety of the Dominican Republic (Goode, Stephen 75). Fidel Castro and his guerrilla warriors overthrew the old government dictated by Batista. During the next couple of weeks, Castro established a new government and on February 16, he was officially declared premier (Finkelstein, Norman H. 127). The United States accepted this new regime as a relief from the harsh, corrupt, and unpopular government of Batista. Soon after everything settled down, Castro and his men made a rapid move to change their political course. He announced his transformation to Marxism-Leninism and avowed his friendship with the Soviet Union (Goode, Stephen 75). These events upset the United States and there were concerns about Castro becoming too powerful. One reason was the friendship with the Soviet Union because Cuba was receiving armed forces to expan d and improve its army.
Monday, January 13, 2020
Managing Multicultural Teams
Key Issues Cultural differences affect teamwork and the damage often precedes intervention. Proper knowledge is needed in managing these differences, or more damage occurs. Communication plays an integral part in cultural differences. Direct communication can be perceived by some as clear communication, but for others it may be embarrassing. Indirect communication, in turn, can result in miscommunication. Accent and fluency differences can be barriers to effective teamwork, unless team members choose and put effort in learning and using the preferred language of the team. Authority and hierarchy are also regarded highly by some cultures, while others do not. This may become offensive for cultures who regard the chain of command as important. Decision-making style is another factor. Some cultures decide fast, while others drag on. There are four strategies that can be used for managing multicultural differences in the workplace: adaptation, structural intervention, managerial intervention, and exit. Adaptation works when team members are open about the differences and chooses to work around them. Structural intervention is used when team members are resistant to acknowledging and working around their differences. In many cases, this may require sub-grouping. Managerial intervention may be necessary when the managers are needed to be involved so that one cultureââ¬â¢s management may resolve the conflict with the other cultureââ¬â¢s management, avoiding embarrassment and conflict on not following hierarchies. Exit is a last option, and it may be voluntary or management-requested. It does not help with the difference, but it allows the team to move again with new people. There is no one fool-proof strategy; its use is dependent on the case in hand. When the management discusses multicultural differences with team members beforehand, the team will be able to pull through the job with less problems. When team members are open about the differences and works with them, involvement of the higher management becomes unnecessary and the project becomes easier. Analysis Multicultural teams are essential for many companies, especially those engaging in international deals, but it is an investment that needs careful understanding and management. There are many issues that may arise within teams composed of people from differing beliefs and practices, and communication is only one of these issues. Perceptions on different corporate items such as hierarchy and decision making equally affects the performance of a team and its members. Oftentimes, managers will have to take a stand and face the problem. There are four strategies in which the issue of multicultural team conflicts may be resolved, and the most appropriate strategy depends on the difference that needs to be addressed. Also, the strategy to be used is dependent on how well the team members are willing to participate in solving the problem within the team. In hindsight, problems can be pre-empted by managers when the issue of multicultural difference is discussed beforehand, before the team starts working together. This way, the members will have a foreknowledge of why their members from the other culture is working the way they do. Members should also be cooperative, willing to cope with and understand the differences. This can be solicited by he manager, but it should also be automatic among the team. When culturally-different team members are cooperative and understanding, it is possible for them to co-exist and work their way to the accomplishment of their given tasks.
Sunday, January 5, 2020
Their Eyes Were Watching God Character Analysis - 1126 Words
Tryphena Jeyakumar 10th Honors Literature Ms. Cooney, 4th period August 2017 Complex Character Analysis Battles and fights are some examples of conflict in most fictional stories. They can be many different fights, like the epic battle between good and evil, or a kingdom defending their land from enemies. When people think of the word ââ¬Ëbattleââ¬â¢, they may think of climatic sword fights and war. But sometimes, battles can take place inside of a person. Perhaps a character may have conflicting aspirations and desires that may cause an internal battle and maybe result in something catastrophic. Or perhaps a character has opposing personalities that might clash and cause something important to happen. In many works of literature, the writerâ⬠¦show more contentâ⬠¦As she protests against her guardian Nannyââ¬â¢s decision, she says, ââ¬Å"Ah wants things sweet wid my marriageâ⬠¦Ã¢â¬ (Hurston 24). Janie hesitantly expresses her true feelings about her current relationship to Nanny, and her guardian tells her that love isnââ¬â¢t import ant in the relationship. Nanny clearly wants Janie to have wealth and status in the society, something that Nanny never had for herself. But even after Nanny passed away months later, Janie is doubtful if she will ever get his love. And as she leaves Logan for Joe hoping for a fresh start, her desire for love in a relationship grows stronger. She always thoughââ¬Å"Husbands and wives always love each other, and that [is] what marriage mean[s].â⬠(Hurston 21). Janie knows that in her society she will have to submit under her husband, but her dreams of acceptance and love overshadow the negative aspects of being tied into marriage. A new opportunity arises as Janie befriends Joe Starks. To her, he seems like a promising person. Janie decides to marry him, and they move to a town called Eatonville where Joe becomes the mayor. All goes well, but only one thing. Whenever Janie is out in the public, Joe demands that she tie up her long hair, something that would attract attention fr om the others. Janie then finds herself being restrained from speaking out her protests. For many years, she holds back her complaints as Joe establishes himself as a godly figure, and using her merely as a possession to show off. And this is whereShow MoreRelated Comparing Characterization in Alias Grace, Their Eyes Were Watching God, and Fools Crow1290 Words à |à 6 PagesAlias Grace, Their Eyes Were Watching God, and Fools Crow à à à à à à Alias Grace by Margaret Atwood is a novel where the main character Grace is a sort of mystery character.à à In the end she is at peace, but there are still many questions about her left unanswered.à Because Atwoods style of writing is informative, yet unclear at the same time, the audience is left to put the pieces of the puzzle that is Grace together themselves.à à This leaves the reader guessing about her character.à Two other worksRead MoreAnalysis Of Their Eyes Were Watching God 1477 Words à |à 6 PagesNot to Speak In the novel Their Eyes were Watching God, the main character, Janie, faces an inner battle in her three marriages, to speak or not to speak, which manifests itself differently with Logan, Joe, and Tea Cake. 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