Monday, March 16, 2020

Adversarial System essays

Adversarial System essays To begin with, it is essential to understand the basic underlying features of the adversary system. The adversary system defines a mode of dispute resolution in which the competing claims of parties are presented by legal representatives who have interest in the outcomes of dispute, to an impartial third party, with power to impose authorities. The vital notion that the judge controls the courtroom and decides the various issues of procedure, are the components of a true adversarial system. Furthermore, other important elements include that the state law enforcement agencies do investigative work for the state, whilst the opposing parties determine themselves what evidence each of them will present to the court. Most importantly, the defendant maintains presumption of innocence and has both the right to account for himself and the also right to a jury. These are the most important elements that constitute the adversary system, it is now necessary to demonstrate how this system have proved at times to be ineffective The adversarial systems effectiveness is reflected through the conduct of trial and reliability of circumstantial evidence presented by the crown in the original trial CHAMBERLAIN V. THE QUEEN where Lyndi was Criminally convicted of the murder of her son Azaria. This was overturned in the second trial (appeal) when all evidences, both physical and expert were reproduced and most were found to be circumstantial under re-examination and cross-examination. Evidently, the absence of the babys body, any identified weapon, lack of motive and no confession. The expert who had previously testified against the accused, also admitted he had given evidence without proper knowledge of all the attendant circumstances. The trial judge concluded that there was question mark as to weather the jury might have arrived this original verdict of the accused because they accepted the evidence that the blood was foetal, and whe...

Saturday, February 29, 2020

Ancient Religions Essay Example for Free

Ancient Religions Essay The ancient Norse religion was commonly followed and practiced by people in northern regions of the world, such as Scandinavia, Norway, Iceland and surrounding countries. It was believed that the world first came about when a northern and southern land, Niflheim and Muspellheim, both joined together. Niflheim (â€Å"house of mists†) , an extremely cold, icy land and Muspellheim (â€Å"home of desolation†) the seemingly opposite of Niflheim, a hot, fiery land. As both lands joined together, the reaction of the contrasting temperatures caused the ice of Niflheim to melt creating the first two living creatures Ymer, the giant and Audhumla, a female cow. From these two the first Gods were created (Odin, Vile and Ve), and from them the first human beings were created by Odin from an elm and ash tree. Due to a disagreeance between Ymer and the God’s, the giant was killed and from his body, landforms and other living races were created. The gods were revered by many as they were the creators of the races and established the different parts of the world, the world tree or Yggdrasil included. The Yggdrasil is one of the principal beliefs in Nordic religion as it was known as the centre of their nordic universe, the world tree was said to have held nine different realms within its branches. The realms were situated in different areas of the tree at the top, within the canopy; Asgard (heaven) was located. This is where many gods lived including Odin in Valhalla. In addition to Asgard two other realms Vanaheim (home of the fertility god) and Aflheim (home of light elves) were located at the highest level of the world tree. These realms were known as â€Å"divine†. Norse folk believed that Midgard, the middle section of Yggdrasil held the human world. Along with midgard, Nidavellir, Jotunheim and Svartalfhiem, home of the dwarves, giants and dark elves were also present here. At the third and bottom level of the tree the two lands that created the first living beings are found. It is believed that Hel, the place of death, is part of the harsh, destitute lands of Niflheim. Hel is connected to one of the three main root of the world tree and it is known as the underworld, the second root leads to Jotunheim( realm of the giants) and the third is connected to the divine realm, Asgard. The roots linked together the different levels and realms of the tree, likewise Bifrost, a magical bridge located between Asgard and the human world, Midgard was another connection between realms, allowing gods an entrance into the mortal world. The Influence of the Nordic beliefs in society was great as followers of the ancient religion could identify with the extreme life conditions and harsh weather that was also portrayed in the Nordic creation story. The Norse saw their conditions of life as a blessing from the gods and often used these gifts to the greatest advantage for example men often became farmers, cultivators, tradesmen or traders. Women in Nordic society also searched for meaning and insight from the gods as they held powerful positions in the religion. Women played a strong part in the community and often had to run the villages when the Viking warriors were away. The Norse strived to maintain a balanced lifestyle from the influence of what they had learned and incorporated from the gods. Odin was known as a wise and great warrior and many Viking men chose to follow the same path by becoming a warrior also. I was believed that one of the only worthy ways to die was to die in battle. This factor greatly contributed to the decisions of the Norse men. When a warrior died in battle he would go on to Valhalla, in the divine realm, if not they would go to Hel. The Norse people not only sought meaning from the gods, but from the actions and rituals they performed. Ancient Religions. (2018, Nov 04).

Wednesday, February 12, 2020

HRD 394 assignment #2 Example | Topics and Well Written Essays - 500 words

HRD 394 #2 - Assignment Example Investigations are ongoing. However, it is still unclear on the cause of the blast. Now all fingers are pointing at the leadership of Massey Company led by its belligerent C.E.O. Don L. Blankenship. Blankenship have been at the center of controversy when it comes to matters of safety measures. He tried to justify the violations by stating at one time that Violations are, unfortunately, a normal part of the mining process (Moore, 2011). The Massey Energy Company is the biggest mining coal business in Central Appalachia has always been a host of fatalities. It has found itself under scrutiny that has unearthed dismaying records on safety measures in place. Reports state that as recently as last month it attracted hefty fines for inadequate ventilation as per the federal records. According to the federal prosecutor, the company has a record of having paid the highest settlement in terms of fines. The move is after the investigations proved his guilt of violating safety rules. The violations resulted in the death of two mineworkers who burned to their deaths following a fire outbreak in one of its mine. That year (2008) alone the company paid fines worth $20miilion another record for the Environmental Protection Agency for violations of clean water. Unfortunately, workers chose to remain mum on such issues, as they fear losing their jobs if they come aloud (Moore, 2011). The Gulf oil spill is the nastiest oil spatter in American history. On 20 April 2010, the blast and tumbling of the Deepwater Horizon oil rig in the Gulf of Mexico left 11 people dead. Cameras Underwater revealed that there was a leakage on the BP that leaked oil and gas on the bed of the ocean. From projection, 3.19 million barrels of oil emptied in the Gulf having been on leak for about 87 days. The oil situated over 5000 feet underneath the water surface in the cosmic leading edge of the deep sea. The surrounding characterizes by constant cold temperatures above

Saturday, February 1, 2020

Theory to Practice Essay Example | Topics and Well Written Essays - 500 words

Theory to Practice - Essay Example In the case of UCC, a contract between merchants is valid as long as it contains the quantity of the goods, the signature of the party who provides the enforcement as well as a language that would indicate that the words and meaning binds two or more parties in a reasonable contract. The UCC aims at helping the non-breaching parties in case of a breach of contract. It therefore offers the sellers a number of remedies. Basing on UCC, a contract between merchants relies on communication between the two parties, the culture of the industry in addition to the past commercial conduct between the merchants. This indicates that the past dealing between Armstrong’s manager and Bentley of GCI surely affects the analysis on their case. In their past commercial conduct, the merchants made use of the pre printed forms for the acceptance of addition terms. In their first interaction, Armstrong’s manager signed the pre printed form stating that they will take responsibility of damage before delivery and the transaction was successful at the end. Additional information in the pre printed form become part of the enforceable contract. In the case of the second encounter between Bentley and Armstrong’s manager, Armstrong’s manager signed a destination contract since it had worked effectively previously. According to UCC, under a destination contract, the buyer is liable for any damage or loss of goods until after delivery. Therefore, the analysis of the case between Armstrong and GCI will indicate that Armstrong’s company is liable since the destination contract was signed but the delivery of goods was not as expected. According to UCC, Armstrong had to complete the delivery procedure as outlin ed in the contract without any additional charges. In such a case, Armstrong Company would have breached the contract and will have to pay for the damages. This is because the manager had made a promise to GCI’s manager acknowledging the destination contract. He had promised

Thursday, January 23, 2020

King Lear :: William Shakespeare Literature Essays

King Lear, Abbey exhibited King Lear, another of his large, dramatic pictures, at the Royal Academy in 1898; the painting was accompanied in the catalog by these lines from Act I, scene i: Ye jewels of our father, with washed eyes Cordelia leaves you. I know what you are; And, like a sister, am most loth to call Your faults as they are named. Love well our father. To your professed bosoms I commit him. But yet, alas! stood I within his grace, I would prefer him to a better place. So farewell to you both. The critics saw much to like in Abbey's King Lear. The reviewer for The Art Journal (1898, p. 176) comments especially on the bold use of color and the grouping of the figures on the canvas: If the admirers of Mr. Abbey felt that the note of the superbly dramatic 'Richard III.' was not repeated with similar force in last year's 'Hamlet and Ophelia,' all doubts should be set at rest by the barbaric majesty of the Scene from 'Lear,' a subject which, under the title of 'Cordelia's Portion,' inspired Madox Brown to the production of one of his finest compositions. The dominant figure in Mr. Abbey's commanding decoration is Cordelia, and it is impossible to resist the colour-charm in which she is invested. Her yellow-green vestment with the deep blue border set against the green robe of France, and opposed to the menacing reds and blacks of Goneril and Regan, is a triumph of originality. As in Richard III. there is a strong suggestion motion, and the drooping figure of Lear sustained by his pages and followed by his men-at-arms from the left to right of the canvas gives this note. The dramatic figure of the sisters in the attitudes of dignified indifference and mock courtesy are splendidly realized, and the foot-light effect discernible throughout the picture certainly adds to the intenseness of the composition. Unmistakably in this important group, Mr. Abbey has reached a very high level and is going far to prove, by this magnificent series of object lessons, that his decorative style is capable of giving the fullest expression of dramatic motives. "H. S.," the reviewer for The Spectator (May 14, 1898, p. 694), also remarks on the "audacity of the colour" and judges the effects "gorgeous and beautiful." "The truth of the gestures," he adds, "are as finely conceived as are the combinations of scarlet and purple black crimson and sea-green.

Wednesday, January 15, 2020

Copyright Law Case Study

Music Business Music Technology & Production Year 3 K00121700 Case Study Ronan Mitchell Abstract Copyright Law is an important entity within the music industry. It protects the owner of authorship from infringement. Infringement arises when the copyright owner’s work is used without their consent. Although sounds cannot be copyrighted, some cases have shown that the argument of copyrighting one’s voice can sometimes hold weight in a court of law. Singer Tom Waits sued snack manufacturer Frito Lay for hiring a singer to impersonate him in an advert.Mr. Waits felt that his artistic copyright had been infringed upon. Frito Lay’s defense argued that a voice cannot be protected by copyright law as it is a sound and not a musical piece of work. They referred to a similar case involving Bette Midler in which she sued Ford motors for using an impersonator in a commercial to imitate her voice. Although Midler lost the case, it created ambiguity over the issue of an artist ’s right their voice, if they believe it to be distinctive. Tom Waits, unlike Bette Midler, won the lawsuit and earned him $2. 6 million.This case served to highlight the complexities involved with advertising agencies using, not only an artist’s work, but also their identity. Introduction The music industry is notoriously rife with legal disputes. Many of these are due to infringement of copyright. A grey area arises, however, when it comes to advertising. In a lot of cases, an artist will gladly accept royalties and/or remuneration to have their song featured in an advertisement. But in certain instances, artists will have strong opinions about having their music feature in an advertisement.When this happens, advertising companies who use this artist’s work can find themselves in the middle of an ugly legal dispute. This case study endeavors to discuss some of the legal complexities involved when advertising companies use an artist’s musical work. Sever al cases exist in the United States where advertising agencies ran into legal disputes over music featured in an ad, even when not infringing upon standard copyright laws. I have chosen two cases to cross examine to highlight certain legal problems that certain advertising companies face.The first case examined for this study is Tom Waits Vs Frito-Lay, Inc. In this case Tom Waits sued the Frito-Lay snack manufacturer and their advertising agency for voice misappropriation and false endorsement. Despite not infringing on any copyright laws, Waits won the case and was awarded $2. 6 million in compensatory damages, punitive damages and attorney’s fees. (Roesler, 1992). The second case examined in this study will look at is Bette Midler Vs Ford Motor Co. This case, which preceded Waits lawsuit, is almost identical in that Ford’s advertising agency, Young & Rubicam, Inc. hired an unknown singer to impersonate Midler on a version of her track â€Å"Do You Want To Dance†. (Lurie, 1994) Midler took legal action and sued Ford for $10 million, also citing voice misappropriation. Unlike Tom Waits case, US District Judge A. Wallace Tashima ruled against Midler, stating that the evidence presented wasn’t sufficient and that a voice is not a copyrightable entity (Los Angeles Times, 1989) Study To better understand the legalities that face companies in these instances, we must first develop a better understanding of what copyright law entails. In short, Copyright is a property right.It is a set of laws and regulations set in place to protect to form of expression of ideas. The ideas themselves cannot be protected by such laws. The idea must take on some tangible form, such as a recorded piece of music, a produced film, piece of art, etc. The owners of these rights are protected by copyright law from anyone who would copy their work and reproduce it for their own monetary gain without the owner’s express permission. It is the owner of the co pyright who may authorize the use of their work by another party, but only they only reserve the right to do this at their discretion. Neff, 2012) Naturally, as there are many different mediums for expressing ideas, copyright law is divided into many different subsections. This is to cover all vessels for creative expression. On a simple scale, copyright subsists in four sections; Music, Film and Broadcast, Literary Publication and Original Databases. The music subset consists of Musical, Literary, Dramatic or Artistic Works. The musical copyright covers works of music that do not contain words. How notes are arranged to form melodies, song structures and chord progressions are protected by this copyright.Certain musical elements are not protected by this. If a guitarist has particularly unique guitar tone, he cannot have this protect by a copyright. A specific tone is not a tangible musical work and therefore cannot be protected. However, if the same guitarist recorded an original piece of music with that guitar tone, this recording is now a tangible body of work and can be protected by musical copyright. It is the music itself that is protected. Not the sound. (Neff, 2012) This is a particularly interesting element of Tom Waits lawsuit against Frito-Lay.The defendants argued that the â€Å"voice misappropriation† case was invalid as one cannot own the rights to certain style of singing. (UMKC School of Law, n. d. ) Tom Waits is an American singer, songwriter, composer and actor. Almost as much for his music, he is renowned for his unique gravelly, guttural singing voice. His voice has been described as sounding like â€Å"like it was soaked in a vat of bourbon, left hanging in the smokehouse for a few months, and then taken outside and run over with a car. † (Graff, G & Durchholz, D 1998).Tracy-Locke, Frito Lay’s advertising agent, approached Tom Waits about using is his song â€Å"Step Right Up† in an advert for RioSalsa Doritos. They put together a version of the song which featured new lyrics relevant to the product and played this for Waits. Tom Waits refused outright as he is vehemently opposed using his music to sell products. It was interesting that they chose that particular song, as the lyrics are a satirical indictment of advertising. The song features advertising slogans used sarcastically to describe a product that supposedly does everything from â€Å"shine your car† to â€Å"make you six foot five, blonde and beautiful†. Jacobs, 2000) When he refused, the Tracy-Locke company then hired a singer to impersonate Tom Waits style of sing over a song that bared a lot of similarities the Waits â€Å"Step Right Up†. Tom Waits took legal action and sued for voice misappropriation and false endorsement. (Roesler, 1992) As the lyrics for the song were altered to suit the ad, Waits literary copyright was unaffected. The literary copyright pertains to a work of words which are written, spoken or sung. This work does not specifically need to be written down for the copyright to apply. A recording of such work holds he same right as literary work that is written or printed. Written musical notation also falls under this subsection regardless if it is written down, printed or recorded. (Neff, 2012) As for the musical rights to the song, it transpired that Tom Waits, despite having written the piece, did not have authorship of the copyright for â€Å"Step Right Up†. In normal circumstances, authorship of the copyright to a sound recording is held by the produce of said recording. In this case, the authorship fell to Fifth Floor Music run by Herb, Martin and Evan Cohen.Frito Lay had in fact obtained the synchronisation license from Fifth Floor Music. This licence enabled them to reproduce a new song extremely similar, albeit not identical, to â€Å"Step Right Up† to which the new jingle lyrics were added. Tom Waits was unaware of this so was unable to ste p in and terminate the dealings. Although, having no authorship of the copyright, it is questionable as to whether or not this would have had any sway in the proceedings at all. (Jacobs, 2000) Similarly, in Bette Midler’s case, like Waits, Midler was not the owner of the copyright.She did not write the song nor did she pen the lyrics. Ford Co. bought the rights the song â€Å"Do You Want To Dance† from the publishing company that had ownership over the copyright. This meant that Ford had no obligation to contact Bette Midler with regards to their intentions to use the song for their commercial. (Lurie, 1994) Since Midler had no ownership rights, the defense argued that her â€Å"voice misappropriation† was preempted by the copyright act. However, this was rejected as they found that copyright cannot be preempted if the subject matter â€Å"does not come within the subject matter of copyright†¦.. ncluding works or authorship not fixed in any tangible medium of expression. † (UMKC School of Law, n. d. ) It was decided that, since it was not possible to copyright a particular sound (like that of the guitar tone), the voice was not suitable copyright subject matter. Thus, copyright preemption did not apply. (UMKC School of Law, n. d. ) Although the court ruled in favor of the defendant, Midler’s case of â€Å"voice misappropriation† raised the question of a celebrity’s right to control over their identity, with respect to commercial use. This ambiguity was vital to the outcome of Waits lawsuit only three years later. Lurie, 1994) The copyright preemption issue in Midler’s case was referred to in Waits Vs Frito Lay. The defense requested that, since Tom Waits was not the lawful owner of the music copyright, the preemption of copyright law did not apply in this instance as it had with Midler. Waits case was not for infringement of a tangible copyrightable piece of work, but for infringement of voice. Again , voices are merely sounds; and sounds are not protected by copyright law. (UMKC School of Law, n. d. ) Despite this, the defense argued that, even though they had copied Waits musical style, they did not imitate his voice.This was found to be untrue, however. It transpired that Tracy-Locke’s executive producer was quite concerned with the legal implications of their singer’s striking similarity to Waits’ voice. He requested that they record another version of the jingle asking the singer to sing less like Waits. Unhappy with the result, Frito Lay insisted they use first version. (UMKC School of Law, n. d. ) On the day that the commercial was due to air, Tracy Locke’s managing vice president spoke with their attorney regarding what legal issues they might encounter.He was advised that there was a strong possibility of legal ramification due to recent case law that recognized a distinctive voice as protectable. However, as style was not protectable, their attorney informed them that the case might hold no merit. (UMKC School of Law, n. d. ) Despite the warning, Frito Lay chose the version that imitated Tom Waits’ distinctive voice. It was proposed that the jury be given a proposed instruction on the distinction between voice and style which read, â€Å"In contemporary music, there are a great many styles or â€Å"sounds,†Ã¢â‚¬ ¦Ã¢â‚¬ ¦ Style is not subject to ownership.No singer can appropriate for himself any style and exclude others from performing in the same style. Any singer is free to sing in the same style. † (UMKC School of Law, n. d. ) This instruction was rejected by the district court. Given that there were a lot of similarities between this case and Midler’s â€Å"voice-misappropriation† case, the jury was asked to decide whether or not they found Waits’ style to be distinctive. The defense argued that the omitted instruction was an error in judgment as this then left the jury unc lear as to what the distinction was between voice and style. (UMKC School of Law, n. d. Waits argued that although no copyright infringement had occurred, he felt his artistic integrity had been compromised. It was put forth that anyone had heard the advertisement would automatically assume that it was Waits singing. Waits has strongly spoken out about artists taking money to allow their music to be used to sell product. He felt that, as the Doritos advertisement jingle sounded identical to his voice and musical style, that his fans would assume he participated in the advertisement and had willing endorsed the product. This, he asserted, was damaging to his reputation and his career as an artist. UMKC School of Law, n. d. ) The jury then listened to several of Tom Waits songs to determine both his musical and vocal style. The court then played them the Doritos advertisement in question for comparison. To convince them further, Waits attorneys had them hear testimonies from people wh o had in fact thought that it was Waits in the advertisement. (Roesler, 1992) This argument was persuasive enough to sway the jury. They were convinced when they heard to advertisement and the testimonies that, despite the fact that no copyrightable material had been infringed upon, Waits’ artistic integrity had been compromised.The jury found that the defendants had â€Å"acted with oppression, fraud or malice† (Roesler, 1992, p. 15). Tom Waits was awarded 2. 6 million dollars in compensatory damages and attorney’s fees. Conclusion In conclusion, we can see from the above cases that copyright is a bastion for musical artists. They help to protect an artist’s right to their work and a right to their form of expression from being exploited by large companies and advertising agencies who can sometimes try to profit from their work.Although, as they are vital to protecting an artist’s creative work, we can also seen from the cases studied that they ca n protect much more than that. Technically, in the eyes of the law, only a tangible body of work can by protected by these rights. However, as this study has shown, in certain rare cases, these rights can be manipulated to encompass, not only an artist’s work, but their identity, persona and artistic integrity when exploited.As made evident by the unusual Tom Waits lawsuit, it seems that advertising companies in particular must wade carefully when wishing to use unlicensed music for commercials. As their sole intention is for making money, they can be looked at very callously by court jury. Thus, certain unscrupulous can land in a lot of trouble despite not infringing on a copyrighted piece of work. Although situations such as this are quite unusual, they highlight the importance of copyright law within the music industry. References Graff, G & Durchholz, D 1998, Musichound Rock: The Essential Album Guide. Visible Ink, Detroit * Jacobs, J. A 2000, â€Å"Copyright: Tom waits Vs Frito Lay†, viewed 04 January 2013, < www. tomwaitsfan. com/tom%20waits%20library/www. tomwaitslibrary. com/copyright-fritolay. html> * Los Angeles Times (1989), Bette Midler Loses Ford Sound-Alike Lawsuit : Celebrity: $10-million suit over TV car commercial is dismissed but action against the ad agency is allowed to stand, viewed 06 January 2013, http://articles. atimes. com/1989-10-27/business/fi-901_1_bette-midler * Lurie, K. (1994) Waits v. Frito-Lay: The Song Remains the Same.. Cardozo Arts & Ent. LJ, 13, 187. , Available at: http://heinonline. org/HOL/LandingPage? collection=journals&handle=hein. journals/caelj13&div=26&id=&page= [Accessed: 6th January 2013]. * Neff, F. 2012, â€Å"Copyright and Related Rights Act 2000; Introduction to Copyright Overview And Originality in Copyright†, * Neff, F. 012, â€Å"Authorship and Ownership of Copyright; Copyright and Related Acts 2000 Sections 21 to 23†, * Roesler, M. (1992) Waits v. Frito Lay,. 978 F. 2d 1093 (9 th Cir. 1992), Available at: http://www. markroesler. com/pdf/caselaw/Waits%20v. %20Frito-Lay%20Inc. %20_1992_. pdf [Accessed: 6th January 2013] * University of Missouri Kanas City School of Law (1992) Waits v. Frito Lay, Inc. United States Court Of Appeals For The Ninth Circuit, Available at: http://law2. umkc. edu/faculty/projects/ftrials/communications/waits. html [Accessed: 4th January 2013].

Tuesday, January 7, 2020

Real Time Big Data Processing With Machine Learning

Real Time Big Data Processing with Machine Learning On Real Estate Business ABSTRACT Real Time Big Data Processing with Machine Learning On Real Estate Business By Jasleen Kaur Raghav Munjal Shubham Rajvanshi Della Sivakumar Data is a powerful weapon as well as a resource. Having data does not make you powerful but what you do with it makes all the difference. Companies like Amazon, eBay and Netflix are already using data to predict user behavior and utilizing that to increase their revenue. But processing data in real time is not an easy task. The data today has great volume, is veracious in nature and is increasing at an enormous rate and hence has been given the term Big Data. There is a constant research going on to find a solution to process such huge amount of data in real time. The Hadoop based batch processing is a powerful tool for analyzing data offline. But it fails to process anything in real time. Highly sensitive situations like crediting card fraud detection, networking fault prediction; threat detection and so on cannot be postponed for an offline analysis. Situations like these need instant results because if something is not done to mitigate a potential threat in real time, the damage may be catastrophic. The goal of this project is to come up with a scalable and efficient solution which can process heterogeneous data in the most simplified design possible in real time. Existing solutions are either not scalable or approach one kind of data and inShow MoreRelatedBig Data Vs Mapreduce Framework984 Words   |  4 PagesBig data has received popularity as datasets which are large that cannot be easily managed by the traditional relational databases. Big data deals with high volume, variety and velocity of data. However, if traditional relational database schemas are applied to big data, the large volume of datasets cannot be processed and managed by these traditional techniques. 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