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Gay Marriage Should Be Legal - 966 Words

Gay marriage is one of the most debated and controversial issues in today’s society. Everyone has his or her opinions on gay marriage, whether it is acceptable or should not be allowed. According to The Washington post, â€Å"59 percent say they support same-sex marriage while 34 percent are opposed†(Craighil, P., Clement). While 59% of the supporting gay is a high number, however that number is skewed. There is a difference between tolerance and acceptance, but the 59% is the total of the both. People have different perspectives on gay marriage. The ones that will be in this essay are, social science against same-sex marriage, most religions against same-sex marriage, and people for it. People that approve same-sex marriage have been going up as time goes, and more people accept same-sex marriage more than ever before. Thirty-one states have approved same sex marriage (ProConorg Headlines). That many states would not have approved same-sex marriage if their people didn’t approve it. The states that have approved gay marriage are the most populous states, such as California. According to Gay marriage pro-con,† Marriage is redefined as society s attitudes evolve, and the majority of Americans now support gay marriage†(ProConorg Headlines). In the 1900’s interracial marriage was forbidden and looked frowned upon, which is somewhat now happening with gay marriage. Interracial marriage is now common, and most people supported.Show MoreRelatedGay Marriage Should Be Legal1159 Words   |  5 PagesAmendment, which puts a ban on gay marriage. This amendment entitles to equal rights to the gay community, ending toleration of discrimination in jobs, rights protecting gays from hate crimes,rights allowing advancement in government. However, the concept of gay marriage is still not considered a right the American people should extend to homosexuals. II. The vast majority of opponents believe marriage should be between one woman and one man, meaning marriage should be between members of the oppositeRead MoreGay Marriage Should Be Legal1205 Words   |  5 PagesHoward Sociology 1301-93431 Gay Marriage Getting married is something that most people do when they find love, which it is an important event in their life. The GLBT (gay, lesbian, bisexual and transgender) community now get the legal right of same-sex marriage, which they have fought for throughout the years; on the other hand, some opponents of same-sex marriage have called for a constitutional change towards it. Although there were some countries that allowed gay marriage before the United StatesRead MoreGay Marriage Should Be Legal1574 Words   |  7 Pagesequal rights. Gays and lesbians are consistently denied rights that are typically taken for granted by the average American. Specifically, gay and lesbian couples are denied the right to marry even if they are ou tstanding citizens. They are held at an unfair disadvantage solely because of their sexual orientation. This discrimination must stop, because gay and lesbian couples are law-abiding citizens too, who should be afforded the same rights as heterosexual couples. Marriage is about love andRead MoreGay Marriage Should Be Legal1564 Words   |  7 PagesWhat is marriage? Recently, people argue with respect to the definition of marriage. What happened to marriage? To get married is a very important event for almost everyone. Especially for women, marriage and giving a birth could be the two biggest events of their lives. Many people believe that getting married to the one whom he or she loves is natural. However, what do you think if you cannot get married to him or her because it is socially unacceptable? 100 years ago different colored peopleRead MoreShould Gay Marriage Be Legal?778 Words   |  3 PagesShould Gay Marriage Be Legal? â€Å"†¦I now pronounce you husband and wife†¦Ã¢â‚¬  One would normally hear this when attending a wedding. In tradition marriage has been between one male and one female who love each other. But how would one feel if they heard â€Å"I now pronounce you groom and groom† or how about â€Å"†¦bride and bride...†? In the last 50 years the number of same-sex couples has increased. The on-going argument between the government and the people is â€Å"Should gay marriage be legal?† Although some sayRead MoreGay Marriage Should Be Legal1126 Words   |  5 PagesJune 26, 2015 for gay marriage to be legal in all fifty states, thirty seven out of the fifty and Washington D.C already legalized gay marriage. Many support gay marriage and many do not, with widespread values and reasons for and against it. Due to religion and rights people across the nation have differing views and opinions of it.In a five to four vote in the Supreme Court gay marriage becam e legalized in all fifty states. Shortly after that a few marriage officiators and marriage licenses peopleRead MoreThe Gay Marriage Should Be Legal947 Words   |  4 PagesDefending Gay Marriage During the last few years, homosexuality has become an important issue for debate. Moreover, homosexuals have taken their case further by claiming their right to marry. Same-sex marriage, usually known as â€Å"gay marriage†, is the marriage between two people from the same biological sex (Doskow1). Since 2000, eleven countries have approved the legalization of gay marriage worldwide: Netherlands, Belgium, Spain, Canada, South Africa, Norway, Sweden, Portugal, Iceland, ArgentinaRead MoreGay Marriage Should Be Legal1179 Words   |  5 PagesGAY MARRIAGES Some states such as Iowa legalized gay marriage through the action of judicial interpretation based on the state’s constitutional stipulations while other states such as Vermont legalized gay marriage through legislation initiatives. These cases demonstrate the government is the sole body that can dictate the validity of whatever is to be regarded as a marriage, and in this case gay marriage. The power to validate marriage is still observed among the private citizens, religious institutionsRead MoreGay Marriage Should Be Legal1480 Words   |  6 PagesNew World Dictionary defines the word married as being husband and wife, yet there are millions of gay activists who are fighting for a new meaning. They believe marriage is more than a piece of paper and a set of rings. The hope is that marriage could be defined as a â€Å"public recognition of a private commitment† or â€Å"emotional, financial, and psychological bond† between two people (Sullivan 53). Gay act ivists believe that taking away the ability to have a publicly recognized relationship or an acceptedRead MoreGay Marriage Should Be Legal1351 Words   |  6 Pageshappened for United States, gay marriage became legal in all 50 states. In most states it already was but the remaining 13 became legal this year. There are many concerns regarding gay marriage, and the effects of them involve many legislative, cultural, religious and family issues. Gay marriage is controversial because a lot of people do not approve of it, they think it is immoral, unnatural, and not what the traditional concept of â€Å"marriage† really means. Opponents of gay marriage say it is only meant

Creon As The Tragic Hero Of Antigone Essay Example For Students

Creon As The Tragic Hero Of Antigone Essay Greek tragedy would not be complete with out a tragic hero. Sophocles wrote Antigone with a specific character in mind for this part. Based on Aristotles definition, Creon is the tragic hero of Antigone. Creon fits Aristotles tragic hero traits as a significant person who is faced with difficult decisions. Creon is significant because he is king. This makes him both renowned and prosperous. Creon is not completely good nor completely bad; he is somewhere in-between, as humans are. The audience can relate to this and they admire his qualities of intelligence in political affairs. They can also relate to his ability to make hard decisions with apparent ease. These hard decisions are what lead Creon to fit Aristotles definition of a tragic hero. Creon faces decisions that lead to a no-win situation, with confidence, and he makes the best decision he can, based on his beliefs. He believes that Polyneices should not be buried because he was a traitor to his family. This decision affected Antigone greatly, and Creon knew that the decision would be hard on some people. Family and burials are very important in society, and Creon is asking Antigone to not consider them, to only consider that Polyneices was a traitor to his home city. Creon is then faced with the knowledge that Antigone went against his will and law, and buried her brother. Again, Creon is faced with a hard decision. He must choose to kill his own family member and uphold the law, or punish her less severely and show that he is not serious about death as a punishment to his law. Creon doesnt want to show weakness, even for family, but he doesnt want to kill Antigone, who is not only his niece and sister, but engaged to his son. The final decision that Creon must make is whether or not to revoke his death sentence on Antigone. Creon would be doing the right thing, but it would show that he was wrong in a previous decision and he does not want to admit that he was wrong. Unfortunately, Creon does not always make the correct decision because of personality traits that he possesses. When Creon sentences Antigone to death, he is wrong. This decision is based on Creons downfalls. He has hamartia and he judges wrong, and he also suffers from hubris. He is excessively prideful and believes that his choice is the only correct one. Creon also has an inaccurate view of his place in relation to the Gods. He believes he is in a position to know what They want and know what They feel is best. No mortal truly knows what the Gods want, but Creon believes he does because he cannot imagine that what he believes is wrong, even to the Gods. Antigones death is a bad decision that Creon makes based on his beliefs that the Gods view Polyneices as a traitor and would not want him honored in death. Creons bad decision leads to his eventual downfall and demise. Creon realizes his hubris and his wrong decision a little too late. Antigone is already dead, and he cannot correct his wrong-doing. This makes the audience feel pity for him, for he does try to correct his mistake. As more deaths are realized, the audience feels more deeply for Creon. In the process of going from ignorance to knowledge, he loses Antigone, his wife, and his son. All of his suffering humbles Creon, and he begins to change and view the world differently. He realizes that he was wrong in punishing Antigone for honoring her brothers death and that it is okay for him to admit when he is wrong, and show his weakness, because, in the end, it makes him stronger. All of the suffering that he endures serves for the reason for his death. Creons decisions and their consequences show the audience that he is the tragic hero of the play. Creons character meets all of Aristotles views of a tragic hero. Some people argue that Antigone is faced with tough decisions and a downfall, just as Creon is, but she does not meet all of the characteristics. .u8ff8335c472e356f35396b12f237f63c , .u8ff8335c472e356f35396b12f237f63c .postImageUrl , .u8ff8335c472e356f35396b12f237f63c .centered-text-area { min-height: 80px; position: relative; } .u8ff8335c472e356f35396b12f237f63c , .u8ff8335c472e356f35396b12f237f63c:hover , .u8ff8335c472e356f35396b12f237f63c:visited , .u8ff8335c472e356f35396b12f237f63c:active { border:0!important; } .u8ff8335c472e356f35396b12f237f63c .clearfix:after { content: ""; display: table; clear: both; } .u8ff8335c472e356f35396b12f237f63c { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u8ff8335c472e356f35396b12f237f63c:active , .u8ff8335c472e356f35396b12f237f63c:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u8ff8335c472e356f35396b12f237f63c .centered-text-area { width: 100%; position: relative ; } .u8ff8335c472e356f35396b12f237f63c .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u8ff8335c472e356f35396b12f237f63c .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u8ff8335c472e356f35396b12f237f63c .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u8ff8335c472e356f35396b12f237f63c:hover .ctaButton { background-color: #34495E!important; } .u8ff8335c472e356f35396b12f237f63c .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u8ff8335c472e356f35396b12f237f63c .u8ff8335c472e356f35396b12f237f63c-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u8ff8335c472e356f35396b12f237f63c:after { content: ""; display: block; clear: both; } READ: Who Killed Romeo And Juliet Essay While Creon realizes his wrong-doing .

Scarlet Letter Essay Essays - Film, Cinema Of The United States

Scarlet Letter Essay Alienation Among Many Through out Nathaniel Hawthone's The Scarlet Letter, the main characters suffer psychological damage as a result of different forms of alienation. The character traits they posses make them more susceptible to certain types of alienation. Since Dimmesdale cannot reveal his secret to anyone, he can not share his pain. All the pent up guilt he has stored with in eats away at him, slowly deteriorating his body and soul. Dimmesdale's masochistic and pious attributes greatly contribute to the extent of his alienation. For the reverend it was ?essential to his peace to feel the pressure of a faith about him.? This need for punishment coupled with religious devotion gives reason for Dimmesdale's secrecy. Hiding his intimate self from other people bestows Dimmesdale the punishment he so desperately seeks. His mental breakdown stemming from his social alienation is most clearly shown in the chapter the ?The Minister's Vigil?. His self-torture leads him to walk ?under the influence of a species of somnambulism?, thinking irrationally in a way not like himself. His pent up agony causes Dimmesdale to act out in ways like this that could reveal his secret. Dimmesdale's psychological agony partly stems from a form of spiritual alienation. As a minister, he has a close relationship with God and has a strong sense of spirituality. Due to his sin, his relationship with God suffers in the way that his sin separates him from the teachings of Jesus. Without the virtue and purity he once held, Dimmesdale views himself unworthy in the eyes of God. While lying on the forest floor, Dimmesdale utters ?The judgment of God is on me, he is too mighty for me to struggle with!? To close this gap of isolation between God and himself, Dimmesdale commits acts of penance to relieve his sin. His acceptance of Chillingworth's torture and his use of the ?bloody scourge? both show his alienation. Dimmesdales faith and his position as a minister lead him to feel more guilt than a non-Christian. This religious choice makes Dimmesdale more susceptible to spiritual alienation. Hester's Main form of alienation is most obvious in her scarlet letter. This token of her sin separates her from the rest of society by marking her as an outcast, forced to live in isolation in a cottage outside of town. The scarlet letter acts as a symbol of the main character trait that alienates Hester, her individualism. Her individualistic nature separates her from the restrictive and methodical community in which she lives. This alienation allows her to take an outside view on society and see it's faults. Hester reject the values and standards of puritan society and yearn to ?cast away the fragments of a broken chain.? Her alienation from the group is also due to her beauty. Other women are extremely jealous of her and wish the punishment of death for the sin she committed. The nature of Hester leads to her alienation such that others deem her expendable. Hester's self-alienation is perhaps most damaging to her psyche. Through her environment, she is forced to be untrue to her nature. Her passionate nature is suppressed and gives way to the conformity of society. Hester, ?lost in the labyrinth of mind?, is so detached from herself that she feel that she is not the same person. She is not only alienated from other people but she can not even turn to herself for support. This self-alienation is most damaging to her because she is going through the stage in her life of finding out who she is and the scarlet letter interrupts this. She is not only forced to stop her development, but take on a whole new path in life. Through his actions, Chillingworth is alienated from everyone including himself. Because of his intellectual nature, Chillingworth is able to distance himself from others to systematically destroy Dimmesdale. He has become a different person as a result for his intent on revenge. The narrator acknowledges this change by saying ?A mortal man, with once a human heart, has become a fiend for his especial torment.? Chillingworth knows what he is doing is wrong but he is so far gone, he cannot return to what he once was. He

Alpha and Omega of Active Compasion essays

Alpha and Omega of Active Compasion essays Alpha and Omega of Active Compassion Have you ever walked down a crowded city street and looked down to see a homeless man stretching out his soiled hand in hopes of a measly dollar? As human beings, are we obligated to give this man our earning? And just how much do we give him? A dollar? Our VISA card? We have a general responsibility, as residents of civilization, to our fellow man, as long as it doesnt interfere with our own personal progress. The ideals of welfare, charity, and the generous foreign policies are all prime examples of our aid to others, but the world is still uncertain on, how much do we give?. The idea of welfare was founded in the United States around the time of the great depression. It was meant to temporarily help the financially less fortunate. This was intended to get the ball rolling for the economy. The government would play Robin Hood by taking from those who had money, and giving it to help those who didnt. In time, they would put their feet back on the ground and would no longer need the relief of their government. This was a very kind and productive way to help our fellow man in his time of need. Unfortunately somewhere along the line the idea of helping the broke modified, and we were simply giving them money when they had no intention on recovering from the debts of poverty. And so we continued to show everyone else how to get money for free. This is an excellent example on how we exceeded our obligation to others. Instead of a few dollars of generosity to uphold others, we give up to half of our earnings to support those who choose not to help the mselves. By doing this, we have slowed our individual progress in society. Charity is another form of helping the less fortunate persons on earth. That, unlike welfare, is to be executed at our own discretion. There is no forcing hand in charity, although sometimes we still do not know ...

Average ACT Scores What They Mean For You

Average ACT Scores What They Mean For You SAT / ACT Prep Online Guides and Tips The average ACT score for US students is a 21. The middle 50% of students score between a 16 and a 24. The following chart breaks down the nationwide average by section: English Math Reading Science 20.3 20.9 21.3 20.8 However, when you’re thinking about college admissions the nationwide average isn’t important: what really matters is the average score of the students you’re being compared with. If you’re a high achieving student applying to very selective schools you’ll need a score much higher than the national average. If, on the other hand, you’re applying to certain state schools, a 20 is a totally acceptable score. Really, the National Average Doesn't Matter If you're worrying about your ACT scores, it's probably because you want to use them to apply to college. But the national average includes every student who takes the ACT (a grand total of 59% of students who graduatedin 2015), including many who don't intend to go to college butare required to take the test as part of a statewide assessment program. When you’re applying to college or for scholarships you aren’t competing against all of these students, you’re only competing against the other students applying for that school or scholarship. The key isto have an average or higher score compared to the students you’re competing against- the national average is thus pretty much meaningless for your purposes. Let's talk about some numbers that might be more helpful in terms of setting a goal for yourself. How to Compare Yourself to Your Peers If you're still curious about how you compare to other students in a general sense, you might want to check outhow your ACTscores compare to those of other students like you, i.e. those with similar grades and backgrounds. Generally speaking, the easiest way to understand where you fall in this range is to find out the average ACT score at your high school. If you're a high-achievingstudent looking at competitive colleges, you mayalso want to consider how you stack up with other honor students. Keep in mind, though, that when it comes to college applications, these numbers are only marginally more meaningful than the national average. Average ACT Score for Your High School If you want to knowthe average ACT score at your high school, just google â€Å"[your school] ACT scores.† This approachwill be most effective if you attend a public school in a state with mandated ACT testing, though many private schools list these scores on their websites. If the SAT is generally more common where you live, you can try looking for the average SAT score and then converting it to an ACT score. Average ACT Score for Honor Students Students with high GPAs also tend to have high ACT scores. For students in the top â…“ of their class, the average ACT score is 27. For those in the top 1/10, it’s 30. These numbers shouldn’t stress you out, however, since as we’ll go over below, what’s really important is how you compare to the other students applying to the same school as you. The Key Number: the Average ACTScore for Your Ideal College As I explained above, the value of an ACT score lies in whether it can get you into the school of your dreams, not in how it compares to other student's scores. Thus, you'llneed to look up the average ACT scores for admitted students at the schools you want to apply to, in order to determine your score goal. Most schools list a range of ACT scores (the 25th-75th percentile) rather than a single number. You can look this info up by googling "[college name] ACT scores" or"[college name] ACT scores Prepscholar."Then use this worksheet to calculate your exact target score based on all the schools you’re interested in. Keep in mind that there's a considerablerange inwhat kind of scores colleges expect: the most selective schools generally have average ACT scores between 32 and 35, somewhat selective schools have average ACT scores in the mid to high twenties, and less selective schools have average ACT scores in the high teens and low twenties. You don't need to panic just because you don't have a 36. What's Next? If you haven't reached your score goal just yet, givesome of our freeACTprep resources a try. Start with the 5 general strategies you must know and then break yourprep down by section with our ultimate guides to reading, English, science, and math (coming soon). Or perhaps you'd fare better with the SAT? Usethese guides to decide whether you might prefer to focus on the other test, whether its current incarnation or the redesigned version that arrives March 2016:the ACT vs. the current SAT and the ACT vs. the new SAT. What ifyou're already scoring well on the ACT, but are struggling with a low GPA?Try these suggestions for how to work around your low grades. Disappointed with your ACT scores? Want to improve your ACT score by 4+ points? Download our free guide to the top 5 strategies you need in your prep to improve your ACT score dramatically. Have friends who also need help with test prep? Share this article! Tweet Alex Heimbach About the Author Alex is an experienced tutor and writer. Over the past five years, she has worked with almost a hundred students and written about pop culture for a wide range of publications. She graduated with honors from University of Chicago, receiving a BA in English and Anthropology, and then went on to earn an MA at NYU in Cultural Reporting and Criticism. In high school, she was a National Merit Scholar, took 12 AP tests and scored 99 percentile scores on the SAT and ACT. Get Free Guides to Boost Your SAT/ACT Get FREE EXCLUSIVE insider tips on how to ACE THE SAT/ACT. 100% Privacy. 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Staff Turnover in Hong Kong's Hospitality Industry Essay

Staff Turnover in Hong Kong's Hospitality Industry - Essay Example The phenomenon of employee turnover is considered as one of the natural outcomes of conduct of business in modern organizations. Thus it is said that achieving zero percent turnover is not practical and should not even be attempted in today’s rapidly changing employment environment (Branham, 2000). It is also said that some turn over may be desirable as it would enable a shake out amongst the employees avoiding bunching up of a large number with similar pay scales, salaries and capabilities making a pyramid (Branham, 2000). To retain all such employees will be extremely expensive for the organization. New employees are also said to bring in fresh ideas, approaches, abilities, attitudes and also prevent the organization from remaining stagnant (Branham, 2000). 2.3 Brief introduction of Hong KongHong Kong is said to be a very vibrant metropolis which has a life and dynamism of its own making it one of the unique cities in the World. It has a typical Chinese culture which has rem ained unaffected by British influence over the years (Hong Kong, 2006). It offers a mix of the modern and the ancient, the Oriental and the Western and therein lies its charm. At the same time the employment environment in Hong Kong follows a very flexible tendency. Thus employees in Hong Kong are not inhibited by generally accepted norms of loyalty and life long service which is characterized by some Eastern management cultures such as the Japanese (Hong Kong, 2006).

Who Hates America The World Stage Essay Example | Topics and Well Written Essays - 2500 words

Who Hates America The World Stage - Essay Example On one side, the 'American is still the greatest country in the world' faces off with their opponents - the 'America is the home of political tyranny and capitalist imperialists' tribe. Each group comes to the table with a particular set of talking points. Each group seems to have an ax to grind, and regardless of the amount of angst burning between them, either group rarely hesitates to through a bit more gasoline on the fire. At times, it seems that the purpose is to create a larger fire, rather than promote honest communication and positive progress toward constructive goals. But such is the life of those who have power vs. those who want to accumulate power. Conflict seems to be the chosen path. Hating America has been a staple of the American cultural battle since the 1960's. Since a large number of students dissented over the Vietnam War, and took their voice to the streets, and newspaper headlines, political distress has become commonplace in the American culture. ... One group believes that democracy, or a democratic republic can best guide its own destiny with tools, information, and opportunity. The other seems to desperately create reality following the communist principle, that 'if you repeat something long enough, often enough and loud enough, people will eventually believe it, and follow you. However, from a global viewpoint, the picture changes. The world has its own views of the American experiment on freedom and self governance. These views flow from their own worldview, and their own experiences within the political subsystems in their own countries. So when discussing "who hates America" the question of 'why' must also have added to it the question of 'what is the person's own paradigm and experience" as well as "What does the speaker have to gain be winning listeners to his or her point of view. Often this last question is more revealing than the person's own words. This phenomenon has gained momentum and stature during the last half decade since the terrorist bombings of Sept 11, 2001. Being the first act of war on American soil, this incident galvanized the American peoples to action. The terrorist network had been growing for some time during the 1990's. The bombing of the marine barracks in Beirut, Lebanon (cnn.com, 2003), the subterranean truck bomb attack on the World Trade Center buildings in 1993 (Wickens, 2000), the attack on the USS Cole in 2000 (Rodgers, and Frieden, 2000) . . . and the list goes on. After each of these terrorist attacks, the American political leaders rattled their sabers a bit, but generally subjugated their efforts to the opinion of the world stage. However, when a terrorist attack killed thousands of American civilians, and was carried out on American

Tourism Country Analysis-Germany Essay Example for Free

Tourism Country Analysis-Germany Essay Introduction Germany is a country with astounding diversity with one of the richest historical heritage in the world, standing out as one of the tourist attraction features. Germany is the most centrally placed in Europe among all the European countries. It has a history of a disunited nation having distinct states and tribes. For this reason, Germany more that any other European nation bears different names depending on the language used. For example it is called Deutschland within Germany; in French it is called ‘Allemagne’ and ‘Niemcy’ in Polish. (Country profile) On October 3rd 1990, Western Germany was unified with the German Democratic Republic. The leaving standards in the latter could not march those ones of the former; it has been a major challenge to do this because of the inherent industrial enterprise inefficiencies that characterized the German Democratic Republic. Another major factor that has posed challenges include the difficulty in East Germany of resolving property ownership and the lack of infrastructure and the environmental degradation that occurred during the communist rule. (Berghahn V. R. 1987) The extremist violence especially from the political right that is usually witnessed in East Germany is always related to the economic uncertainty in this region. Most times the violence is directed towards foreigners and in particular non-Europeans. (Berghahn V. R. 1987) Politics Germany is considered to be a Federal, Parliamentary, and representative democratic Republic. The ‘Grundgestz’ or the Basic Law is the framework that was laid down in 1949 that guides the German political system up to today. For any amendments to take place in the Grundgestz, a two-thirds majority in Parliament is required. (Country profile) The Chancellor heads the Government and the position is currently held by Angela Merkel and she exercises executive powers that are similar to a Prime Minister’s. Parliament that consists of the Bundestag and Bundesrat (Federal Council) is vested with Federal legislative Powers. Members of the Bundestag are elected directly and members in the Bundesrat represent the governments of the 16 states. These members are appointed by the state cabinet, which possesses the power to remove them any time. (Country profile) The Christian Democratic Party Union and the Social Democratic Party of Germany are the dominating parties since 1949. However there’s existence of other smaller parties, which include the Free Democratic Party and the Alliance 90/ The Greens (Christian Democratic Union/Christian Social Union). The President of Germany also doubles up as the Head of State and is normally elected by the Federal Convention (Bundesversammlung), which is the institution made up of members of the Bundestage and some members of the State delegate. The President of the Bundestag is the second highest official and the Bundestag itself elects him/her. His/her responsibilities include the overseeing of the body’s daily sessions. The Chancellor on the other hand doubles up as the head of Government and is the third highest official who is nominated by the Germany President and then is elected by the Bundestag. A constructive motion of no confidence by the Bundestag is what is necessary to remove the Chancellor.( Christian Democratic Union/Christian Social Union) Economy In Europe, Germany’s National Economy is the largest. It is ranked the third largest in the world by nominal GDP, but ranked fifth in regards to gross domestic product. As per 2006 statistics, the average growth stands at 2.8% per annum. Germany has been renowned world over since the industrial age as one of the best motor innovators and has greatly benefited from the globalized world economy. (Berghahn V. R, 1987) One of its major drivers of its export economy is the trademark â€Å"Made in Germany,† which the world has continuously associated with sturdiness and durability. This has turned out the country to be the world’s top exporter with the export figures as at 2006 standing at $ 1.133 trillion generating a trade surplus of approximately â‚ ¬165 billion. 70% of its total GDP is generated by the service sector with 29.1% contributed by the industrial sector and agriculture falling behind with about 0.9%. (Berghahn V. R, 1987) Germany’s automobiles, machinery, metals, and chemical goods contribute greatly to the export portfolio. In solar and wind turbine technology, Germany leads the world (Global Wind Energy Market ).   Amongst its most popular brands include Siemens, Mercedes Benz, BMW, Audi, Volkswagen, Porsche, and Nivea among others. Germany uses the common market currency the Euro and the country stands out as a major advocate for the European Union. Society (People and Culture) The majority German population is made up inhabitants of ethnic Germans and over 7 million foreigners. Majority of the foreigners are made up of the so called â€Å"guest workers† who were mostly Turkish workers, who in the 1950s and 60s were invited to fill in for the labor shortages, Germany thus has quite a good number of ethnic Turks. Many political and economic refugees from the world over especially the developing world choose Germany as a prime destination. (Country profile) Germany boasts of having one of the world’s highest levels of education with exquisite technological advancement coupled with an unrivaled economic productivity. University enrolment has steadily risen and has more than tripled since World War II; the trade and technical schools that are sponsored by the Federal Republic of Germany support the universities. The majority of the population is made up of the middle class with a per capita income standing at $ 28,700, this is combined with a comprehensive social welfare system that caters for the universal medical care and unemployment care besides other social needs. (Berghahn V. R, 1987) Culturally Germany is usually called â€Å"the land of poets and thinkers† (Wasser J. 2006). Religious and secular currents that have taken place in Europe for a long time have continuously shaped the German culture. One of the most famous German classical music composers is Ludwig Van Beethoven (Wasser J. 2006). Geography The geography of Germany is rich and diverse ranging from the high Alps in the South, the Bavarian plain, and the flowing hills of central Germany to the coast of the North and Baltic Sea. This makes the country’s countryside scenery worth visiting, â€Å"it all looks like a miniature train landscape packed with the nicest of old towns, medieval houses, gothic churches and small villages; its exotic!† (Country profile) Global Position Germany has continued to play a very important role in the formation and the continued strengthening of the European Union and has continued to cultivate a very close relationship with France. One of Germany’s closest allies has been the U.S, whose help was quite invaluable during the 1948 Marshall Plan to rebuild Germany after World War II. Ties with America have gone to other areas like trade where a more balanced trade relationship has continued to flourish. (Country profile) REFERENCES Berghahn, Volker Rolf. (1987) Modern Germany: Society, Economy, and Politics in the 20th Century. 2d ed. Cambridge: Cambridge University Press. Christian Democratic Union/Christian Social Union: Retrieved on 6th March 2008 from U.S. Library of Congress:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   ,   Global Wind Energy Market 2006-2011, Retrieved on 6th   March 2008 from www.windtech-international.com: Wasser, Jeremy. (2006) Spà ¤tzle Westerns Spiegel Online International: Retrieved on 6th March 2008 Country profile: Germany: Retrieved on 6th March 2008 from   http://news.bbc.co.uk/1/hi/world/europe/country_profiles/1047864.stm:

Lets Talk About Denial: not a river in Egypt :: essays research papers

Denial, the topic for this week’s discussion, is unfortunately not a river in Jordan. While not a river, it is a characteristic that at times seems to be as resistant to change as the most torrent watercourse. Denial has been described as many things in many ways by many people and still I find the Webster’s Dictionary definition of denial to be the most meaningful and accurate: â€Å"an assertion that an allegation is false†¦disbelief in the existence or reality of a thing†¦self-denial†¦[and] the reduction of anxiety by the unconscious exclusion from the mind of intolerable thoughts, feelings, or facts† (1977).   Ã‚  Ã‚  Ã‚  Ã‚  The readings and following class discussion illuminated just how varied and vast denial can manifest itself, especially with alcoholics and addicts. The discussion concluded that denial may be noticeable in the form of 1) an individual not being able to accept what is in front of him; 2) a coping mechanism to deal with facts as presented; or 3) the inability to see consequences of one’s behavior. Also based on the class discussion, things a counselor can look for to discern if a person is in denial are 1) if they consistently miss or avoid scheduled sessions, or while in sessions they continually change the subject; 2) if clients appear to reject logic or reason; 3) clients demonstrate incongruence, that is their non-verbal expression and actions are inconsistent with what they say; and 4) clients demonstrate the various defense mechanisms associated with alcoholism, addiction, and denial.   Ã‚  Ã‚  Ã‚  Ã‚  These defense mechanisms can be in the form of projection, (â€Å"I don’t have a problem –you have a problem.†) rationalization, (â€Å"It helps me relax/concentrate/forget† or â€Å"I’ll stop as soon as the pressure lets up†) justification, (â€Å"Everyone I know does it†) suppression or repression, (forcing down memories of using behavior and negative consequences as a result of that use and behavior) and one that sometimes gets overlooked, geographic escapes (my life is unmanageable – but it’ll get better if I move to another place.)   Ã‚  Ã‚  Ã‚  Ã‚  The text also offered some useful information in understanding the phenomenon of denial. On page 30 of the text Assessment of Addictive Behavior, Tarter, Alterman, & Edwards (1985); Tarter & Edwards (1986); Tarter, Hegedus, Goldstein Shelly, & Alterman (1984) suggest that â€Å"†¦neuropsychological deficits among alcoholics, particularly deficits in accurately perceiving internal cues of physiological arousal and emotion and in appraising the significance of environmental events, may underlie what has been described as ‘alcoholic denial’ † (cited in Donovan & Marlatt 1998).

Working with Medicaid

Working with Medicaid The Medicaid program is for low-income people. The Medicaid program is financed by the federal government and the states. The Medicaid program is the nation’s largest non-employer-sponsored health insurance program. In order for a person so be eligible for Medicaid benefits, the must meet the minimum federal requirements and any additional requirements of the state in which they live. Medicaid rules vary from state to state and are frequently changing. Due to the variations in Medicaid rules from state to state, a person would need to contact their local social services department to find out what procedures and services are covered and not covered. Depending on what state a person lives in, those enrolled in the Medicaid program may be treated by a provider of their choice or it may restrict patients to a network physicians. Enrollees may have to receive all services through their primary care provider that is responsible for coordinating and monitoring their care. Those that need to see a specialist may need to obtain a referral from their PCP or Medicaid will not pay for the services. If a Medicaid enrollee wants to receive a service that is non-covered, the enrollee must pay for the non-covered services prior to the services being rendered. Medicaid recipients can also be billed if the physician informed the patient before the service was performed that the procedure/service would not be covered by Medicaid, the physician has an established written policy for billing non-covered services that applies to all patients, the patient is informed in advance of the estimated charge for the procedure and agrees in writing to pay the charge. If the physician has reason to believe that a service will not be covered, the patient must be informed in advance and given a form to sign acknowledging this. However, some states may require the enrollee to pay a small co-pay for covered services. Implications of simultaneous federal and state involvement in the insurance process could cause conflict between state regulations with federal regulations. The cost of compliance is more likely to be greater because there are two regulating bodies. Complexity is increased due to satisfying the requirements of two regulatory bodies. Regulatory goals of the states may be different than the federal goals which in turn lead to a duplication of effort.

A Beautiful Mind

I enjoyed many things from the film A Beautiful Mind including the cast, the interpretations of being schizophrenic, and also the small amount of romance between John and Alicia. Think that the cast was very well picked, Russell Crower did an outstanding job portraying a man with schizophrenia. I could tell that Crower was eve comfortable with this role, considering how well he portrayed John Nash. When I think about John Nash and his awkward, yet sophisticated, rationality Russell Crower really does justice to John Nash.Also, the cast for the other students, John's peers, were well picked out also. All of the other students were intelligent and also a little cocky which makes sense as to why they don't accept John. I also enjoyed the interpretations of being schizophrenic. It is very interesting going into the mind of John Nash and seeing the people that only he sees, and hearing the voices that only he hears. Lastly enjoyed how the film had a little spark of romance between John an d Alicia, but that the entire film wasn't about the romance, and love.The film was more about John and his brilliance than his love life. My only dislike for this film is that it was slowly moving. L, personally, enjoy movies that can invest myself in and really feel the characters. I could not relate to any of the characters considering they are all brilliant. Johns Anna's second grade teacher tells Nash that he had been given two helpings of brain but only one helping of heart, I think that she means that he would stop putting math and science before how he is really feeling and that he should try to make friends and be more in-touch with others.As said before I really enjoyed Russell Crow's portrayal of schizophrenia. I thought that it was very believable, from what I have seen, and was interesting whenever he would have schizophrenic fits around other students. The scariest part of schizophrenia for me is seeing things that others cannot. People with schizophrenia do not know if what they're seeing is real or fake, and that is scary. A Beautiful Mind The movie â€Å"A Beautiful Mind† is the memorable and touching story of John Forbes Nash Jr., an economist and mathematical genius who won the Nobel Memorial Prize in Economics in 1994. Nash is said to have battled with an illness called paranoid schizophrenia.1) Said to be the most feared and disabling of mental illnesses, paranoid schizophrenia is said to be ‘characterized by illogical thinking and hearing unreal things’ (How to get rid). This is much like the way John Nash was portrayed by actor Russell Crowe in the movie.The initial part of the movie showed that John had such a great mind, and his mind worked in a very complicated way. He was so dedicated to his work and can get so caught up with what he was doing that he sometimes stayed at the library for 2 days in a row solving mathematical equations. For John, the numbers just seemed to come alive as if they were begging for his attention.The way he stretched the use of his brain to look at things from a mathematician’s point of view is just so astounding. John correlated everything to math – simple things like the movement of pigeons, picking up girls in a bar, and asking for approval from a girl.The later part of the movie however, shows John as slowly being transformed to the queer individual who speaks of conspiracies, Russians, classified information, and other spy terminologies. He surreptitiously spends most of his time cutting newspapers, magazines, scribbling, deciphering codes, and dealing with shady characters.As the story further unfolds, it is revealed that characters seen by John are only imaginary and that he has to be treated soon, or else he might put his own family in danger. As John’s psychiatrist, Dr. Rosen, says in the movie, â€Å"the nightmare of schizophrenia is in not knowing what’s true†. Indeed, John had a difficult time making the distinction between his hallucinations and realities.2) In the movie, John was given insuli n shock therapy 5 times a week for two weeks. Furthermore, he was released from the hospital on the condition that he would take his anti-psychotic drugs, so that the degree of his illness would not progress any further.Insulin shock therapy was discovered by Manfred Sakel in 1927, where an injection of insulin was administered to the patient, who went into a superficial coma, and eventually recovered from his/her psychotic state (The History of Shock Therapy). This therapy worked positively on John, who showed significant signs of improvement after undergoing this treatment.With regards to medications, at first, all went well when John did as he was told. Eventually, however, John stopped taking them and hid the medicines in a tin can which he – without his wife’s knowledge – hid in a drawer on his desk.This made John’s delusions all come back to life, and all the paranoia and hallucinations haunted him once again. This occurrence almost cost the life of John’s son, so John’s wife once again sought the help of Dr. Rosen so that John could be returned to the psychiatric hospital. When Dr. Rosen arrived, John was asked why he stopped taking his medications.His answer was because ‘I couldn’t work, I couldn’t help with the baby, and I couldn’t respond to my wife’. John was in such a pathetic state that his wife took pity on him and just let him stay, but she left her baby with her mom temporarily. Gradually, John recovered even without the aid of medications. As one website mentions: â€Å"The notion that schizophrenics must spend a lifetime on these (anti-psychotic) drugs is a ‘myth’† (John Nash: Recovery without Drugs), and John did pretty well on this. A Beautiful Mind Mental illness and mental disorders have plagued individuals for many years before the development of the psychiatric community embraced the challenges of treatment with understanding.   It can be assumed that everyone has had an encounter with someone who is mentally ill at some point in their life.Stereotypical images of those with mental disorders encompass the erroneous image of a filthy homeless individual viewed talking aloud to some imaginary person or thing.   Other images depict the mentally ill individual ranting and raving like some ravenous animal with wild eyes and an animal-like posture.These images are poor portrayals of the mentally disturbed often created by Hollywood as a means to keep viewers entertained.   Contrary to popular belief, a mentally ill person looks just like any other human being despite some peculiarities, however, in the society of today, anyone could be mentally ill.BackgroundThe Hollywood motion picture, A Beautiful Mind, was directed a docu mental-like story of an actual world renowned mathematician named John Nash (Grazer & Howard, 2001).   Nash was born in West Virginia and later went on to attend graduate school at Princeton University in Princeton, New Jersey.He was then twenty-one years old.   Throughout his secondary academic career, Nash remained somewhat unsociable and preoccupied with his research and coursework.   He did not appear to have much time for dating or socializing with members of the opposite sex either.Nash’s competitive nature served as a driving force for his academic research and achievements.   His economic theories and studies enabled him to win appointments and academic recognition through much of his time while studying at Princeton University.   While his mathematic theories would leave a reasonable person ultimately dumbfounded and confused,PSYCHOLOGYit became like a second language to Nash.   Simple tasks like games became too complicated for him to participate in (Gra zer & Howard, 2001).   If it did not equate into a mathematical equation, then in Nash’s thinking, it could not be logical or proven to be absolute.Nash later met a woman, Alicia, while teaching at the Massachusetts Institute of Technology (MIT).   Over a period of time, the two began dating and later married.   Together they would have one child, a son, named John.   During the course of their marriage, Nash would become more and more distant.   He would blame the distance on his work and research.AnalysisPsychological SymptomsFriends began to notice that his personal hygiene was lacking in the area of care and presentation.   He would regularly forget to shave, his shirts would not be tucked in properly, and his hair would be stringy and unwashed.He began walking with a noticed shuffle while simultaneously clutching his briefcase tightly against his chest as though it bore protection.   He socially disconnected from his colleagues by informing them that his re search was classified (Grazer & Howard, 2001).   Worst of all, he started forgetting that he was required to teach a class at MIT, and he would often not show up.During Nash’s time studying at Princeton University, he became good friends with his roommate.   He would meet up with his old college chum several times over the course of the following years.   It would later be revealed that Nash had no roommate at Princeton University, but rather he was assigned to a dormitory and resided alone the entire time (Grazer & Howard, 2001).The imagined roommate was a hallucination (American Psychiatric Association, 1994).   

Free Essays on Growing Up Gay

â€Å"The unprecedented growth of the gay community in recent history has transformed our culture and consciousness, creating radically new possibilities for people to ‘come out’ and live more openly as homosexuals†(Herdt 2). Before the 1969’s Stonewall riot in New York, homosexuality was a taboo subject. Research concerning homosexuality emphasized the etiology, treatment, and psychological adjustment of homosexuals. Times have changed since 1969. Homosexuals have gained great attention in arts, entertainment, media, and politics. Yesterday’s research on homosexuality has expanded to include trying to understand the different experiences and situations of homosexuals (Ben-Ari 89-90). Despite the transition, little consideration has been given to understanding the growing population of gay adolescents. 25% of American families are likely to have a gay child (Hidalgo 24); In the United States, three million adolescents are estimated to be homosexual. Yet, American society still ignores gay adolescents. Majority of children are raised in heterosexual families, taught in heterosexual establishments, and put in heterosexual peer groups. Gay adolescents often feel forced by parents to pass as â€Å"heterosexually normal† (Herdt 2). As a result, homosexual teens hide their sexual orientation and feelings, especially from their parents. Limited research conducted on gay young adults on disclosure to parents generally suggests that disclosure is a time of familial crisis and emotional distress. Very few researchers argue that disclosure to parents results in happiness, bringing parents and children closer (Ben-Ari 90). The debate over homosexuality as nature or nurture dominates most topics about homosexuality. People often confuse the nature/nurture issue with the development of gay identity. In fact, the nature/nurture argument plays a small, insignificant role concerning gay youths (Walling 11). Homosexual identity is the view of t... Free Essays on Growing Up Gay Free Essays on Growing Up Gay â€Å"The unprecedented growth of the gay community in recent history has transformed our culture and consciousness, creating radically new possibilities for people to ‘come out’ and live more openly as homosexuals†(Herdt 2). Before the 1969’s Stonewall riot in New York, homosexuality was a taboo subject. Research concerning homosexuality emphasized the etiology, treatment, and psychological adjustment of homosexuals. Times have changed since 1969. Homosexuals have gained great attention in arts, entertainment, media, and politics. Yesterday’s research on homosexuality has expanded to include trying to understand the different experiences and situations of homosexuals (Ben-Ari 89-90). Despite the transition, little consideration has been given to understanding the growing population of gay adolescents. 25% of American families are likely to have a gay child (Hidalgo 24); In the United States, three million adolescents are estimated to be homosexual. Yet, American society still ignores gay adolescents. Majority of children are raised in heterosexual families, taught in heterosexual establishments, and put in heterosexual peer groups. Gay adolescents often feel forced by parents to pass as â€Å"heterosexually normal† (Herdt 2). As a result, homosexual teens hide their sexual orientation and feelings, especially from their parents. Limited research conducted on gay young adults on disclosure to parents generally suggests that disclosure is a time of familial crisis and emotional distress. Very few researchers argue that disclosure to parents results in happiness, bringing parents and children closer (Ben-Ari 90). The debate over homosexuality as nature or nurture dominates most topics about homosexuality. People often confuse the nature/nurture issue with the development of gay identity. In fact, the nature/nurture argument plays a small, insignificant role concerning gay youths (Walling 11). Homosexual identity is the view of t...

Overcoming College Student Homesickness

Overcoming College Student Homesickness You may have spent so much time preparing for college that you may not have considered how much youd miss being back home. While homesickness is common for the majority of college students, it can be difficult to overcome. The key to handling it is understanding where its coming from and knowing what you can realistically do about it. Dont Be Too Harsh on Yourself Being homesick is often a sign that you have happy, healthy relationships with people back at home. You may miss your family, your friends, your boyfriend or girlfriend, or just your old routines and familiarity. Even though many students wont talk about it, a very large number of first-year and transfer students experience homesickness during their first few months at school. So, even if no one you know is talking about it, rest assured that many of your classmates are going through the same thing. Dont be too harsh on yourself for experiencing something that is completely normal and part of many students college experience. Let Yourself Be Sad... For a Little While Trying to fight your way through homesickness can often be futile. But letting yourself process through your emotions can be a great way of dealing with them. Trying to be stoic might end up backfiring on you, and since homesickness is a part of many peoples college experience, its important to let it process itself out. So give yourself a day here or there to be sad about all that you left behind. But make sure to pick yourself up and not be too sad the ​next day. A pity day here or there is alright, but if you find yourself having many in a row or feeling overwhelmingly sad, you may want to think about talking to someone in the campus counseling center. You definitely wont need to worry about being the first student in there who misses home! Be Patient With Yourself If youre a first-year student, youve probably made more major changes in your life than you ever have before, and if youre a transfer, you may be used to being in school, but not this school. Consider what youve done: youve started at an entirely new institution, where you probably dont know anyone at all. You might be in a new city, state, or even country. You have a new lifestyle to manage, where every hour of your day is unlike how you spent your time even 4 or 6 weeks ago. You have new responsibilities that are pretty heavy, from managing finances to learning a new academic system and culture. You may also be living on your own for the first time and learning all kinds of things that you hadnt even thought to ask about before you left. Any one of those changes would be enough to throw someone for a loop. Wouldnt it be a little surprising if someone didnt experience homesickness from everything? So be patient with yourself, just like you would be with a friend. You probably wouldnt judge a friend for being homesick after making such major changes in his or her life, so dont judge yourself unfairly. Let yourself be a little sad, take a deep breath, and do what you can to make your new school your new home. After all, wont it feel fantastic when you realize that, next summer when youre back home, youre homesick for school to start again?

How math is used in firefighting Research Paper Example | Topics and Well Written Essays - 500 words

How math is used in firefighting - Research Paper Example According to the website XP Math, there are at least 20 Math topics that fire fighters need to know. Some of these fall under the realms of Basic Math/Algebra, First Year Algebra (which includes the use of formula), Geometry and Computer (T.L. Hui). Algebra is used in fire fighting hydraulics specifically in calculating the flow rates and capacities (WikiAnswers.com). There are fire fighting terms such as total engine pressure and nozzle pressure. â€Å"Total Engine Pressure is the amount of pressure (psi) that the fire pump (on the truck) is sending through the hose line. The engineer calculates the total engine pressure to adjust for changes in elevation pressure so that the nozzle can receive the correct amount of water pressure (in psi)† (San Bernardino Professional Fire Fighters). There is also the concept of nozzle pressure. It stands for â€Å"the amount of pressure that the nozzle requires to deliver the proper amount of water to the fire† (San Bernardino Professional Fire Fighters). To calculate the accuracy of this, mathematicians have created the nozzle pressure formula, given as: Where n – nozzle pressure in psi, t – total engine pressure and h – change in elevation. This formula â€Å"can be used to find out what the nozzle pressure is for a given height with a specific total engine pressure† (San Bernardino Professional Fire Fighters). There are other applications of math in fire fighting. Math is being used in perimeter, fractions, ratios, percentage and area of burns. The perimeter of burn is â€Å"the distance around the fire or along the hand line† and it is â€Å"determined by adding the lengths of the various lines that enclose the black area of a fire† (SEM and Missoula Fire Science Lab). There are also hydraulic concepts regarding the use of water in wildland firefighting. â€Å"These include determining

Double Jeopardy Research Paper Example | Topics and Well Written Essays - 750 words

Double Jeopardy - Research Paper Example Double jeopardy is regarded as an abuse of process because the same person is brought to the court based on the same facts. The rule of double jeopardy has received dramatic attention in the past few areas and critics are constantly calling for upgrading the rule because of its failure as it is causing injustice in the society. A classic reason often quoted for advocating the rule of double jeopardy and is often cited in academic literature and law cases was made by Black J in the case of Green v United States (US Supreme Court 187). The idea behind the statement which he believed is ingrained in the mind of American system of jurisprudence is that the State should not be allowed to make multiple attempts to allege a charge to convict a person for an offence, thereby subjecting him into incur unnecessary expenses, making him disgraceful in the society, and it causes the individual to suffer from embarrassment & mental turmoil. This compels him to live a life full of anxiety and insecurity, and also increases the chances of the individual to be declared guilty even though he might be innocent. Double jeopardy is recognized as a constitutional right in several countries. The fifth amendment of constitutions of United States of America states: â€Å"nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb† (AFA para. 3). ... Double jeopardy is recognized as a constitutional right in several countries. The fifth amendment of constitutions of United States of America states: â€Å"nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb† (AFA para. 3). In addition to that, it is also recognized in international laws. For instance, the Article 14 (7) of the International Covenant on Civil and Political Rights states that â€Å"No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country† (ICCPR 14). In United Kingdom, this principle is famously known as ‘Connelly principle’ after the case of Connelly v Director of Public Prosecutions as it was regarded as an abuse of process. Lord Pearce in this case stated that a man should not be tried for a second offence which is clearly inconsistent on the facts with either a previous conviction or acquittal. The court should apply judicial discretion under such circumstances as without such a process, injustice will prevail (Johns 3). In Australia, the High Court’s decision regarding R v Carroll triggered a reform about the rules of double jeopardy (Johns 7). The case was concerned with a murder of an infant girl named Deidre Kennedy in 1973, for which Raymond Carroll was prosecuted for the case by the court. The girl was strangled in Queensland and her body was found with bruises on left thigh which were identified by medical experts as marks of human teeth. Carroll defended himself by swearing an oath and claiming that at the time of murder he was attending a course at RAAF base in South Australia. The defendant

Labeling, Indentity and Education Essay Example | Topics and Well Written Essays - 750 words

Labeling, Indentity and Education - Essay Example In the essay â€Å"I Just Wanna be Average† by Mike Rose, it is implied that they are, as vocational students, are treated with not much respect by the society. â€Å"Vocational education has aimed at increasing the economic opportunities of students who do not do well in our schools† (Rose, 1). With that prejudice over their school, the students also identify with the prejudice and treat themselves like they are expected to be treated in the society, according to what they perceive the society perceives them to be – the lowest class of students. This is what he calls â€Å"identity that is implied on the vocational track† (Rose, 3). The schools are actually responsible for labeling us, the students. For putting identities on people based on their scholastic abilities. In the immigrants’ case, because of their poor English, they were put in the vocational track – which is basically assigned for those with scholastic difficulties. This is also part of the prejudice, or the identity being served on one’s person if he is in the vocational trac

Rights and Duties in a Letter of Credit Transaction

Rights and Duties in a Letter of Credit Transaction Introduction The letter of credit is the most commonly used method of payment for goods in international trade. This thesis highlights the imbalance of the rights and duties of the parties in a letter of credit transaction by emphasising deficiencies in the letters of credit system. In addition, on those areas where there is lack of justice and equity and which make the system of the letters of credit vulnerable for fraudulent activities. This thesis is structured in five chapters. First chapter after briefly discussing the structure of the letter of credit system, such as parties to the letter of credit transaction, kinds of letters of credit, step by step procedure of the transaction, different type of the documents used and the common defects in those documents, it also explains about the division of the risk under such a transaction and how the applicant’s risk has increased under UCP and very often the buyer is paying for the goods he had not contracted for. Second chapter after brief discussion of the drafting and interpretation of the UCP, explains about the reluctance of the courts to intervene in order to balance the rights and duties of the parties in a letter of credit transaction, status of the UCP, scope of the banks duties and in addition the disclaimer clauses under UCP. Chapter three explores the autonomy of the letters of credit, the doctrine of strict compliance and the ways in which the courts deal with documentary compliance. It further considers that overprotection of the â€Å"independence principle†, and the lack of â€Å"reasonable care† on the part of banks provides opportunities of fraud to the sellers to obtain payment without actually performing their duties to banks and buyers. Chapter four explains â€Å"fraud exception† to the autonomy principle in detail, the position of the fraud exception in England and the history of the English cases relating to the fraud. In addition it also examines the reasons for such an enormous increase in the number of cases relating to fraud. Finally, chapter five considers some of those methods, which can be used to avoid such an increase in fraud cases and also provides few suggestions to balance the rights and duties amongst all the parties to the letter of credit transaction. Chapter 1 Structure of a Letter of Credit Transaction Commercial letters of credit have been used for the centuries as a most common method of payment, in international trade. Letters of credit used in international transactions are governed by the International Chamber of Commerce Uniform Customs and Practice for Documentary Credits (UCP). A commercial letter of credit is a contractual agreement between a bank (issuing bank), on behalf of one of its customers (buyer), authorizing another bank (advising or confirming bank), to make payment to the beneficiary (seller). The issuing bank, on the application of its customer (buyer), opens the letter of credit, and makes a commitment with the buyer to honour the credit, if the documents presented by the beneficiary are conforming to the terms and conditions of the credit. Thus, the issuing replaces the customer to make payment to the seller. Elements of a Letter of Credit An undertaking given by issuing bank to make payment Issuing bank gives undertaking on behalf of a applicant To pay a given amount of money to the seller On presentation of required documents under the letter of credit Within a specified time as provided by the letter of credit Documents must be in compliance to the terms and conditions of the letter of credit Documents must be presented at a specified place provided by the letter of credit Beneficiary Beneficiary is normally the provider of the goods or services and is entitled to payment as long as he can provide the conforming documents required by the letter of credit. The letter of credit is a distinct and separate transaction from the underlying contract (contract between seller and buyer). All parties deal in documents and not in goods. The issuing bank is not liable for the performance of the underlying contract between the buyer and seller. The issuing banks obligation to the buyer-applicant is to examine all documents to insure that they are in compliance with the terms and conditions of the credit. To get the payment it is for the beneficiary to provide all the required documents. If the seller-beneficiary conforms to the letter of credit, the seller must be paid by the bank. Issuing Bank Letters of credit only concerns with the documents, not with the goods, therefore the duty of issuing bank to pay to the beneficiary and than to be reimbursed from its customer will only be completed upon the completion of the terms and conditions of the letter of credit. Under the provisions of the Uniform Customs and Practice for Documentary Credits, the bank is entitled to have a reasonable time after receipt of the documents from the beneficiary, to examine the documents and then to make the payment. The issuing bank provides a guarantee to the seller that if the documents presented by the beneficiary are in compliance with the terms and conditions of the credit, then the bank will make the payment to the seller. Generally the documents presented include a commercial invoice, bill of lading or airway bill and an insurance document etc. Advising Bank An advising bank is usually a foreign correspondent bank of the issuing bank which advises the seller-beneficiary. Generally, the beneficiary wants to use a local bank to insure that the letter of credit is valid. In addition, the advising bank is responsible for sending the documents to the issuing bank. The advising bank has no other obligation under the letter of credit. Therefore, if the issuing bank does not pay the beneficiary, the advising bank is not obligated to pay. Confirming Bank At the request of the issuing bank, the correspondent bank may confirm the letter of credit for the seller-beneficiary and obligates itself to insure payment under the letter of credit. The confirming bank is usually the advising bank. There are two main types of Letters of credit: (1) Revocable (2) Irrevocable Revocable Letter of Credit Revocable letter of credit is not a commonly used type of the letters of credit. This type of letter of credit can be revoked by the issuing bank at any time, without notification to the beneficiary, for any reason. Such type of letter of credit can not be confirmed by the correspondent bank and the bank will act as an advising bank only. A revocable letter of credit can not be revoked after the presentation of the documents, if the documents are conforming to the terms and conditions of the letter of credit and the payment has been made. Irrevocable Letter of Credit Use of irrevocable letters of credit is very common in international trade. Irrevocable letter of credit can not be revoked or changed without the consent of the beneficiary. Issuing bank will make the payment to the seller, if the seller presents the documents complying with the terms of the credit, as agreed between seller and buyer. Such a letter of credit can only be changed with the permission of both buyer and seller. If it is not clear from the letter of credit that whether it is revocable or irrevocable, it automatically considers as irrevocable. Irrevocable letters of credit are of two kinds: Unconfirmed credit In case of unconfirmed letter of credit, advising bank does not confirm the credit to the seller and the issuing bank is the only party responsible for payment to the beneficiary. Advising bank will only pay to the seller after getting payment from the issuing bank and there is no risk for the advising bank. Confirmed credit In this type of credit, advising bank confirms credit to the seller. When the advising bank confirms that the documents presented are conforming to the terms of the credit, it will make the payment to the seller, and after that advising bank will contact with the issuing bank to get the payment. This type of letter of credit is commonly used, when the seller is unfamiliar with the issuing bank. Such a type of letter of credit is quite expensive because the banks have some liability. Step-by-step process In international trade as the buyer and seller are in different countries so when the buyer and the seller of the goods agree to conduct business, than because of the gap of time between delivery of goods and the payment, usually the seller wants a letter of credit as a guarantee of payment from the buyer. Than the buyer makes a request to his bank called the issuing to open a credit in the favour of the seller. at the request of the buyer, issuing bank issues a letter of credit in favour of the seller and forwards it to the corresponding bank called the advising or conforming bank., which is usually located in the seller’s country. Advising bank than either confirms the credit or not, depending upon the type of credit, and forward it to the seller. Seller than ships the goods and collects the documents required in order to meet the requirements of the letter of credit and finally to get the payment in time. Seller presents the required documents to the advising or confirming bank in order to get the payment in time. Advising or confirming bank examines the documents presented by the seller to check that whether they are conforming to the terms and conditions of the letter of credit. If the documents are in compliance, advising or confirming bank, in case of confirmed letter of credit, will make payment to the seller and will be reimbursed from the issuing bank and in case of unconfirmed letter of credit, advising or confirming bank will forward the documents to the issuing bank. Than the Issuing bank will, after examine of the documents, debit the buyers account if the documents are in compliance to the terms of the letter of credit. In the end, Issuing bank forwards the documents to the buyer. Most commonly used documents in a letter of credit transaction include: Commercial Invoice This includes description of the goods, their price, FOB origin, and name and address of the buyer and the seller. The buyer and seller information must be in compliance with the description provided in the letter of credit. Bill of Lading It is a document which shows the receipt of goods for shipment by a freight carrier. It is an evidence of the control of the goods and also acts as an evidence of the carriers obligation to transport the goods to their proper destination. Warranty of Title A warranty given by a seller to a buyer of goods that states that the title being conveyed is good. It is generally issued to the purchaser. Letter of Indemnity It is a letter specifically indemnifies the purchaser against a certain stated circumstance. Indemnification is generally used to guarantee that shipping documents will be provided in good order when available. Common Defects in the documents presented A discrepancy is some defect in the documents presented by the seller, which show their non-compliance with the terms of the letter of credit. Issuing bank can not change the terms and conditions of the letter of credit with out t he permission of the buyer. Therefore to avoid any delay in getting payment. Beneficiary should be careful in preparing the required documents. Common defects in the documents presented by the seller include: If the description of the goods is not consistent. There is some error in the insurance documents. If the draft amount is not equal to invoice amount. Loading and destination ports are not same as provided by the letter of credit. Merchandise description is not same as in the credit. If any of the documents required by the credit is not presented. Documents are generally inconsistent such as quality, etc. If the names of the documents required are not correct, as mentioned in the credit. Invoice is not signed as provided in the letter of credit. If prior to the presentation of the draft, Letter of Credit has expired. If the date mention in the bill of lading is different from the date stated in the credit. If there are some changes in the invoice which are not authorized by the letter of credit. In international sales, as the seller and the buyer are in different countries, there is a common problem of payment due to the difference of time between dispatch and delivery. Obviously, seller would like to receive payment for the goods when delivering them to the carrier and the buyer would prefer to delay the payment of the price until receipt of the goods. Therefore, a letter of credit solves this problem between the seller and the buyer. Generally, there are three separate transactions in a letter of credit transaction. The first is between a seller and a buyer, called an underlying transaction, by which the seller provides contracted goods to the buyer. The second transaction is between the buyer-applicant and the bank (issuer of the letter of credit), in which the bank issues a letter of credit to the seller-beneficiary. Finally, the letter of credit itself creates a relationship between the issuer and the beneficiary, in which, the issuer makes payment for goods upon the beneficiary’s presentation of the required documents, in accordance with the terms and conditions of the letter of credit as agreed between seller and buyer. The bank’s performance of payment is conditional on the delivery of conforming documents by the beneficiary. The banks are called issuers and are usually the applicant’s bank. Normally the issuing bank opens a letter of credit in its own name and requests its correspondent bank to notify the seller about the letter of credit. Sometimes, the issuing bank asks the correspondent bank not only to inform the seller of the issuing bank’s undertaking but also to add a confirmation. In this case, the credit is known as a confirmed credit and the correspondent bank as a confirming bank. The payment obligation of the issuing bank depends upon the beneficiary’s presentation of complying documents to the confirming bank or to any other nominated bank, in accordance with the terms and conditions of the credit. Under general practice, presenting â€Å"complying documents† means that they comply with the conditions of the credit â€Å"on their face†. From banking point of view, compliance â€Å"on their face† of the presented documents is sufficient. The â€Å"independence principle† (which will be discussed later) is the fundamental principle of the letter of credit system, which prohibits banks from looking beyond facial compliance of the documents, and therefore exclude whether or not there is actual performance by the seller-beneficiary. In fact, letters of credit system has emphasised the independence principle to such an extent that banks are ignoring the performance of the underlying contract very confidently. As a result, all the risk is on the honest buyers, who are sometime paying for goods that they had not contracted for. Importance of the research The primary purpose of the letter of credit system is to facilitate international trade, rather than to provide an opportunity to the banks to make profit. As the fraud is very common in these days, but UCP is not designed to prevent fraud. The number of frauds relating to the letters of credit has increased over the years. Buyers are particularly vulnerable to such practices under the letter of credit system. This situation shows that there is some ambiguity in the letter of credit system and a lack of balance between the rights and duties of the parties to a letter of credit transaction, which is being exploited very easily by fraudsters. Division of risk under a Letter of Credit Transaction As we have discussed above, a letter of credit transaction consists of three linked but independent contracts. The first step is that the buyer makes a contract with the seller for the sale of goods, called the underlying contract. Subsequently the buyer signs an application form requesting the bank to open a credit, which is an arrangement between the buyer and the bank. The third step is that the issuing bank informs the seller, who is the beneficiary of the letter of credit, of the credit and promises to pay against the stipulated documents provided the terms and conditions of the credit are met. The letter of credit allocates risk between the applicant and the beneficiary. By postulating a letter of credit, the beneficiary may greatly reduce the risk of not being paid and ultimately allowing the beneficiary of the letter to reallocate the risk of non-payment for delivered goods which do not conform to the underlying sale contract. Generally, banks are reluctant to dishonour a credit, since to do so may damage the bank’s reputation as a credit issuer. The cost of honour, however, falls on the honest applicant, not the bank. â€Å"If the beneficiary has breached the underlying transaction, payment under the credit to him will occasion loss, but that loss will not be the bank’s; it will be the applicant’s.† Increase in the applicant’s risk and decrease in the bank’s risk under UCP UCP is the governing law of the letters of credit, therefore there should be a balance regarding the rights and duties of the parties, but UCP contains rules that reduce bank risk. There is no provision asking for judicial intervention to compensate letter of credit parties in case of bank’s negligence. The provisions in favour of banks fall into two categories. The first provides sweeping immunity from liabilities that national legal systems may impose. Example of such a disclaimer is Article 15. Under Article 15, banks assume no liability for the genuineness, falsification or legal effect of any documents and therefore the issuer is immune from the liability for paying against forged documents, which on their face appear regular. Therefore, the payment by the issuing bank does not show that the buyer has received the goods, which he had contracted for. The security, which the beneficiary is getting under the letter of credit system is not the same with the security of the buyer. The second category of pro-bank provisions contains rules that set precise boundaries on what the banks must do, which reduces uncertainty about bank responsibility and provides clear guidance to bank employees. For example, the customer cannot stipulate non-documentary conditions of payment, and time limits on examination of documents are fixed rather than open-ended. In case of any loss, the buyer, which is the applicant for a credit, can take action against the seller for breach of contract or fraud, but has no right of action against the bank for bank’s negligence in examining the documents, which can be ineffectual for several reasons, such as insolvency of either the applicant or the beneficiary. Hence the burden of risk on the applicant is more than any party in a letter of credit transaction and in most of the cases, buyers are paying for the goods, they have not contracted for. Chapter 2 UCP and letters of credit Originally UCP has been drafted by the Banking Commission of the ICC, which was comprised of the representatives of the banking community, which shows the dominance of the banks and banking experts. Their dominance in UCP drafting, hints that in drafting UCP, ICC was acting as a private legislature. It looks that the rules contain in the UCP are much beneficial for the banks than any other party, and giving a limited chance to the judiciaries to interfere to protect customers from any careless behaviour of the banks. The authority to interpret the UCP rests in the ICC Commission on Banking Technique and Practice, which can apply these interpretations to solve the problems arising in any case. Because of wide publicity and distribution of commission’s answers, their interpretation can be considered as an official interpretation of the UCP. Commission can enhance, interpreting, and sometimes amend the provisions of the UCP. The banks which deal with the letters of credit, act upon these interpretations and any amendments. As in theory, commission is only answerable to ICC members, therefore the chances of any challenge to such interpretation is very low. Role of courts in balancing the rights and duties of the parties In Discount Records Ltd. v. Barclay Bank Ltd., the judge was reluctant to â€Å"interfere with bankers’ irrevocable credit and not least in the sphere of international banking†. The position is same in many other cases. The apparent reason for the reluctance of the judges to interfere looks that they are afraid from the threats of the banking experts that their decisions would have an unfavourable affect on international trade. The difficulties of the courts to balance the rights and duties of all parties to a letter of credit transaction have increased. In Mannesman Handel AG v. Kaunlaran Shipping Corporation, the Swiss bank argued that the bank was in rejecting the documents by the German company relying on the independence principle and the discrepancies appeared on the documents. The court was asked not to apply the good faith principle otherwise the court â€Å"would be calculated to undermine if not destroy the doctrine of strict compliance and to blur if not extinguish the distinction between transactions concerning goods and transactions concerning documents.† Normally the judicial decisions relating to the legal aspects of documentary credits base on either the express intentions of the parties or established business practice at the time, the parties entered in a contractual relationship. In cases where the UCP provisions are different from business practice, a court will apply the UCP if the UCP is incorporated in the contract of the parties. It shows that courts have assented to the entire documentary credit system being run by the banking industry and eventually abstaining the courts to intervene to balance the legal rights and duties amongst all the parties. Should the UCP have the status of law? Leading scholar Professor Ross Buckley says: â€Å"originally, the UCP was neither designed nor intended to be law. It was prepared as a set of standard terms to be incorporated by reference into letters of credit by those parties who chose to do so.† This has also been confirmed by the UCP in the preface of UCP 500, which states that the UCP is not legislation but a compilation of rules made by bankers for their own industry. Therefore there is a dispute as to whether the UCP is a code of the law, or just customary practices, or some mutually consented regulations relating to letters of credit. However in fact, UCP is the governing law of the letters of credit. The Scope of the Banks Duties Before analysing the wording of the disclaimers used, the scope of the duties undertaken by the banks involved must be identified. Whereas the type of credit and the documentary stipulations therein will usually have been negotiated by the commercial parties and included in their sales contract, the terms and conditions under which a bank undertakes to open a documentary credit will normally appear in the banks standard application form which the importer will be required to complete. Although the application would normally refer to the UCP, it is important to note that the provisions of the UCP would not automatically apply in English law if not expressly incorporated by the parties to the credit and, even if expressly incorporated, its provisions can be excluded, or modified by the express terms of the credit. The duty to issue an efficacious credit The importers failure to procure the issue of a documentary credit which conforms to the terms of the sales contract may be treated by the exporter as a breach of a condition precedent to his performance and a repudiation of the contract by the importer. Whether the applicant can sue the issuing bank in respect of its culpable failure to issue (or to issue in good time) a conforming and efficacious credit is, however, by no means clear. The duty to issue a conforming credit An initial problem arises where the applicant requires the issue of a confirmed credit, that is, a credit in which a second bank, normally in the beneficiarys country, adds its own independent undertaking, to pay against the stipulated documents, to that of the issuing bank. Is the issuing bank in breach of contract towards the applicant if it is unable to procure the confirmation? The answer must depend upon the issuers conduct on receiving the application from the applicant. The second aspect of the duty to issue a conforming credit raises the question of liability for the acts of other banks involved in the transaction. Clearly, if the issuing bank opens a credit which specifies documentation other than that called for by the applicant, then in the absence of a disclaimer it will be in breach of its contract with the applicant under the doctrine of strict compliance. The position should be the same where the issuing bank unreasonably delays issue of the credit so that the beneficiary incurs loss. A difficulty arises, however, when it is not the issuing bank itself which causes the error or delay in complying with the applicants instructions, but the issuers correspondent bank. The doctrine of privity of contract would appear to prevent contractual liability arising in this context. However, in any event, it appears that there is no reason for holding that, in the absence of a disclaimer; an issuing bank should not be liable for the consequences of errors by its correspondents. Duty to receive and examine documents The doctrine of strict compliance means that issuing banks which pay against non-conforming documents are in breach of their contractual obligations to the applicant. The issuer is not, however, a guarantor of the documents conformity; its duty is discharged by the exercise of reasonable care to ascertain that the documents comply on their face with the terms of the credit. Duty to make payment under the terms of the credit The party with the primary interest in enforcing the banks obligation to pay against conforming documents is the beneficiary although it is clear that this obligation is also owed to the applicant. Furthermore, any variation of the payment terms would be a clear breach of contract. Duties of correspondent banks In so far as the confirming bank gives an undertaking in exactly the same terms as the issuing bank, it clearly owes precisely the same duties to the beneficiary. However, since a confirming bank looks to the issuing bank alone for reimbursement, it may be prima facie unlikely that it owes any duty to the applicant, even where the applicant is paying the confirmation fee. There are, however, some judicial dicta which might support the recognition of such a duty. Bank’s risk under UCP (exemption clauses) Article 15 and 18 (b) of the UCP 500, limits the liability of the banks in a letter of credit transaction and which have almost made it a risk free transaction for the banks. Article 15 says: â€Å"Banks assume no liability to or responsibility for the form, sufficiency, accuracy, genuineness, falsification or legal effect of any document(s) or for the general and/or particular conditions stipulated in the document(s) or superimposed thereon, nor do they assume any liability or responsibility for the description, quantity, weight, quality, condition, packing, delivery, value or existence of the goods represented by any document(s) or for the good-faith or acts and/or omissions, solvency, performance or standing of the consignors, the carriers, the forwarders, the consignee or the insurers of the goods or any other person whomsoever.† Article 18(b) further states: â€Å"Banks assume no liability or responsibility should the instructions they submit not be carried out, even if they have themselves taken the initiative in the choice of such other bank(s).† The UCP 500 places the applicant-buyer in an absurdly vulnerable position through its disclaimer clauses. To some extent there is a lack of duties on the part of the bank to verify the authenticity of the documents. Hence it might not be wrong to say that albeit there is a waste increase in the use of letters of credit, does not signify that the UCP is fairly drafted. Letters of credit and its users It is also very important that whether all the parties to the letter of credit, particularly applicant-buyer are conscious about the presence of these exemptions, e.g. by providing a copy of these exemption clauses of the UCP or by giving a notice of these exemption clauses. It is a rule that to enforce an exemption clause, a reasonable notice should be given to the other party but in practice, buyers are assume to have the notice of the UCP and that they are familiar with the provisions of the UCP. Further, the application for the issuance of a letter of credit and the letter of credit document itself only contain a simple sentence: â€Å"Subject to UCP for Documentary Credits†, without any attachment of the provisions of the UCP or any notice of such exemption clauses. Hence it is debatable that why the courts do not look, while dealing with the cases relating to the letters of credit, that whether a reasonable notice has been given relating to the exemption clauses and do not interfere to balance the rights and duties of the parties to a letter of credit transaction? Chapter 3 Doctrine of strict compliance and independence principle It is a basic rule of the letter of the credit transaction and which is widely recognised that the letters of credit are transactions independent of the underlying contracts on which they are based. According to this principle, the issuer has no concern with the underlying contracts between buyer and seller. Its concern is with documents only, rather than the goods or any type of services. Obviously there are some doubts about this principle, i.e. to what extent this principle should be applied. Which some tome may cause injustice to the applicant under certain circumstances. Independence Principle Generally, letter of credit is a contract between the issuer and the seller of the goods, which is independent of the underlying contract between the seller and the buyer. The independence principle is mentioned in Article 3 and Article 4 of the UCP. Article 3 states: â€Å"Credits, by their nature, are separated transactions from the sales or other contract(s), even if any reference whatsoever to such contract(s) is included in the Credit.† Article 4 further says: â€Å"In credit operations all parties concerned deal with documents and not with goods, services and/or other performances to which the documents may relate.† From the very beginning independence principle governs letter of credit transactions and very clearly states that the credits are completely separate from their underlying transactions and the issuer makes payment depending on the conformity of the documents presented according to the terms and conditions of the credit without considering the performance of the underlying contract by the beneficiary. Rights and Duties in a Letter of Credit Transaction Rights and Duties in a Letter of Credit Transaction Introduction The letter of credit is the most commonly used method of payment for goods in international trade. This thesis highlights the imbalance of the rights and duties of the parties in a letter of credit transaction by emphasising deficiencies in the letters of credit system. In addition, on those areas where there is lack of justice and equity and which make the system of the letters of credit vulnerable for fraudulent activities. This thesis is structured in five chapters. First chapter after briefly discussing the structure of the letter of credit system, such as parties to the letter of credit transaction, kinds of letters of credit, step by step procedure of the transaction, different type of the documents used and the common defects in those documents, it also explains about the division of the risk under such a transaction and how the applicant’s risk has increased under UCP and very often the buyer is paying for the goods he had not contracted for. Second chapter after brief discussion of the drafting and interpretation of the UCP, explains about the reluctance of the courts to intervene in order to balance the rights and duties of the parties in a letter of credit transaction, status of the UCP, scope of the banks duties and in addition the disclaimer clauses under UCP. Chapter three explores the autonomy of the letters of credit, the doctrine of strict compliance and the ways in which the courts deal with documentary compliance. It further considers that overprotection of the â€Å"independence principle†, and the lack of â€Å"reasonable care† on the part of banks provides opportunities of fraud to the sellers to obtain payment without actually performing their duties to banks and buyers. Chapter four explains â€Å"fraud exception† to the autonomy principle in detail, the position of the fraud exception in England and the history of the English cases relating to the fraud. In addition it also examines the reasons for such an enormous increase in the number of cases relating to fraud. Finally, chapter five considers some of those methods, which can be used to avoid such an increase in fraud cases and also provides few suggestions to balance the rights and duties amongst all the parties to the letter of credit transaction. Chapter 1 Structure of a Letter of Credit Transaction Commercial letters of credit have been used for the centuries as a most common method of payment, in international trade. Letters of credit used in international transactions are governed by the International Chamber of Commerce Uniform Customs and Practice for Documentary Credits (UCP). A commercial letter of credit is a contractual agreement between a bank (issuing bank), on behalf of one of its customers (buyer), authorizing another bank (advising or confirming bank), to make payment to the beneficiary (seller). The issuing bank, on the application of its customer (buyer), opens the letter of credit, and makes a commitment with the buyer to honour the credit, if the documents presented by the beneficiary are conforming to the terms and conditions of the credit. Thus, the issuing replaces the customer to make payment to the seller. Elements of a Letter of Credit An undertaking given by issuing bank to make payment Issuing bank gives undertaking on behalf of a applicant To pay a given amount of money to the seller On presentation of required documents under the letter of credit Within a specified time as provided by the letter of credit Documents must be in compliance to the terms and conditions of the letter of credit Documents must be presented at a specified place provided by the letter of credit Beneficiary Beneficiary is normally the provider of the goods or services and is entitled to payment as long as he can provide the conforming documents required by the letter of credit. The letter of credit is a distinct and separate transaction from the underlying contract (contract between seller and buyer). All parties deal in documents and not in goods. The issuing bank is not liable for the performance of the underlying contract between the buyer and seller. The issuing banks obligation to the buyer-applicant is to examine all documents to insure that they are in compliance with the terms and conditions of the credit. To get the payment it is for the beneficiary to provide all the required documents. If the seller-beneficiary conforms to the letter of credit, the seller must be paid by the bank. Issuing Bank Letters of credit only concerns with the documents, not with the goods, therefore the duty of issuing bank to pay to the beneficiary and than to be reimbursed from its customer will only be completed upon the completion of the terms and conditions of the letter of credit. Under the provisions of the Uniform Customs and Practice for Documentary Credits, the bank is entitled to have a reasonable time after receipt of the documents from the beneficiary, to examine the documents and then to make the payment. The issuing bank provides a guarantee to the seller that if the documents presented by the beneficiary are in compliance with the terms and conditions of the credit, then the bank will make the payment to the seller. Generally the documents presented include a commercial invoice, bill of lading or airway bill and an insurance document etc. Advising Bank An advising bank is usually a foreign correspondent bank of the issuing bank which advises the seller-beneficiary. Generally, the beneficiary wants to use a local bank to insure that the letter of credit is valid. In addition, the advising bank is responsible for sending the documents to the issuing bank. The advising bank has no other obligation under the letter of credit. Therefore, if the issuing bank does not pay the beneficiary, the advising bank is not obligated to pay. Confirming Bank At the request of the issuing bank, the correspondent bank may confirm the letter of credit for the seller-beneficiary and obligates itself to insure payment under the letter of credit. The confirming bank is usually the advising bank. There are two main types of Letters of credit: (1) Revocable (2) Irrevocable Revocable Letter of Credit Revocable letter of credit is not a commonly used type of the letters of credit. This type of letter of credit can be revoked by the issuing bank at any time, without notification to the beneficiary, for any reason. Such type of letter of credit can not be confirmed by the correspondent bank and the bank will act as an advising bank only. A revocable letter of credit can not be revoked after the presentation of the documents, if the documents are conforming to the terms and conditions of the letter of credit and the payment has been made. Irrevocable Letter of Credit Use of irrevocable letters of credit is very common in international trade. Irrevocable letter of credit can not be revoked or changed without the consent of the beneficiary. Issuing bank will make the payment to the seller, if the seller presents the documents complying with the terms of the credit, as agreed between seller and buyer. Such a letter of credit can only be changed with the permission of both buyer and seller. If it is not clear from the letter of credit that whether it is revocable or irrevocable, it automatically considers as irrevocable. Irrevocable letters of credit are of two kinds: Unconfirmed credit In case of unconfirmed letter of credit, advising bank does not confirm the credit to the seller and the issuing bank is the only party responsible for payment to the beneficiary. Advising bank will only pay to the seller after getting payment from the issuing bank and there is no risk for the advising bank. Confirmed credit In this type of credit, advising bank confirms credit to the seller. When the advising bank confirms that the documents presented are conforming to the terms of the credit, it will make the payment to the seller, and after that advising bank will contact with the issuing bank to get the payment. This type of letter of credit is commonly used, when the seller is unfamiliar with the issuing bank. Such a type of letter of credit is quite expensive because the banks have some liability. Step-by-step process In international trade as the buyer and seller are in different countries so when the buyer and the seller of the goods agree to conduct business, than because of the gap of time between delivery of goods and the payment, usually the seller wants a letter of credit as a guarantee of payment from the buyer. Than the buyer makes a request to his bank called the issuing to open a credit in the favour of the seller. at the request of the buyer, issuing bank issues a letter of credit in favour of the seller and forwards it to the corresponding bank called the advising or conforming bank., which is usually located in the seller’s country. Advising bank than either confirms the credit or not, depending upon the type of credit, and forward it to the seller. Seller than ships the goods and collects the documents required in order to meet the requirements of the letter of credit and finally to get the payment in time. Seller presents the required documents to the advising or confirming bank in order to get the payment in time. Advising or confirming bank examines the documents presented by the seller to check that whether they are conforming to the terms and conditions of the letter of credit. If the documents are in compliance, advising or confirming bank, in case of confirmed letter of credit, will make payment to the seller and will be reimbursed from the issuing bank and in case of unconfirmed letter of credit, advising or confirming bank will forward the documents to the issuing bank. Than the Issuing bank will, after examine of the documents, debit the buyers account if the documents are in compliance to the terms of the letter of credit. In the end, Issuing bank forwards the documents to the buyer. Most commonly used documents in a letter of credit transaction include: Commercial Invoice This includes description of the goods, their price, FOB origin, and name and address of the buyer and the seller. The buyer and seller information must be in compliance with the description provided in the letter of credit. Bill of Lading It is a document which shows the receipt of goods for shipment by a freight carrier. It is an evidence of the control of the goods and also acts as an evidence of the carriers obligation to transport the goods to their proper destination. Warranty of Title A warranty given by a seller to a buyer of goods that states that the title being conveyed is good. It is generally issued to the purchaser. Letter of Indemnity It is a letter specifically indemnifies the purchaser against a certain stated circumstance. Indemnification is generally used to guarantee that shipping documents will be provided in good order when available. Common Defects in the documents presented A discrepancy is some defect in the documents presented by the seller, which show their non-compliance with the terms of the letter of credit. Issuing bank can not change the terms and conditions of the letter of credit with out t he permission of the buyer. Therefore to avoid any delay in getting payment. Beneficiary should be careful in preparing the required documents. Common defects in the documents presented by the seller include: If the description of the goods is not consistent. There is some error in the insurance documents. If the draft amount is not equal to invoice amount. Loading and destination ports are not same as provided by the letter of credit. Merchandise description is not same as in the credit. If any of the documents required by the credit is not presented. Documents are generally inconsistent such as quality, etc. If the names of the documents required are not correct, as mentioned in the credit. Invoice is not signed as provided in the letter of credit. If prior to the presentation of the draft, Letter of Credit has expired. If the date mention in the bill of lading is different from the date stated in the credit. If there are some changes in the invoice which are not authorized by the letter of credit. In international sales, as the seller and the buyer are in different countries, there is a common problem of payment due to the difference of time between dispatch and delivery. Obviously, seller would like to receive payment for the goods when delivering them to the carrier and the buyer would prefer to delay the payment of the price until receipt of the goods. Therefore, a letter of credit solves this problem between the seller and the buyer. Generally, there are three separate transactions in a letter of credit transaction. The first is between a seller and a buyer, called an underlying transaction, by which the seller provides contracted goods to the buyer. The second transaction is between the buyer-applicant and the bank (issuer of the letter of credit), in which the bank issues a letter of credit to the seller-beneficiary. Finally, the letter of credit itself creates a relationship between the issuer and the beneficiary, in which, the issuer makes payment for goods upon the beneficiary’s presentation of the required documents, in accordance with the terms and conditions of the letter of credit as agreed between seller and buyer. The bank’s performance of payment is conditional on the delivery of conforming documents by the beneficiary. The banks are called issuers and are usually the applicant’s bank. Normally the issuing bank opens a letter of credit in its own name and requests its correspondent bank to notify the seller about the letter of credit. Sometimes, the issuing bank asks the correspondent bank not only to inform the seller of the issuing bank’s undertaking but also to add a confirmation. In this case, the credit is known as a confirmed credit and the correspondent bank as a confirming bank. The payment obligation of the issuing bank depends upon the beneficiary’s presentation of complying documents to the confirming bank or to any other nominated bank, in accordance with the terms and conditions of the credit. Under general practice, presenting â€Å"complying documents† means that they comply with the conditions of the credit â€Å"on their face†. From banking point of view, compliance â€Å"on their face† of the presented documents is sufficient. The â€Å"independence principle† (which will be discussed later) is the fundamental principle of the letter of credit system, which prohibits banks from looking beyond facial compliance of the documents, and therefore exclude whether or not there is actual performance by the seller-beneficiary. In fact, letters of credit system has emphasised the independence principle to such an extent that banks are ignoring the performance of the underlying contract very confidently. As a result, all the risk is on the honest buyers, who are sometime paying for goods that they had not contracted for. Importance of the research The primary purpose of the letter of credit system is to facilitate international trade, rather than to provide an opportunity to the banks to make profit. As the fraud is very common in these days, but UCP is not designed to prevent fraud. The number of frauds relating to the letters of credit has increased over the years. Buyers are particularly vulnerable to such practices under the letter of credit system. This situation shows that there is some ambiguity in the letter of credit system and a lack of balance between the rights and duties of the parties to a letter of credit transaction, which is being exploited very easily by fraudsters. Division of risk under a Letter of Credit Transaction As we have discussed above, a letter of credit transaction consists of three linked but independent contracts. The first step is that the buyer makes a contract with the seller for the sale of goods, called the underlying contract. Subsequently the buyer signs an application form requesting the bank to open a credit, which is an arrangement between the buyer and the bank. The third step is that the issuing bank informs the seller, who is the beneficiary of the letter of credit, of the credit and promises to pay against the stipulated documents provided the terms and conditions of the credit are met. The letter of credit allocates risk between the applicant and the beneficiary. By postulating a letter of credit, the beneficiary may greatly reduce the risk of not being paid and ultimately allowing the beneficiary of the letter to reallocate the risk of non-payment for delivered goods which do not conform to the underlying sale contract. Generally, banks are reluctant to dishonour a credit, since to do so may damage the bank’s reputation as a credit issuer. The cost of honour, however, falls on the honest applicant, not the bank. â€Å"If the beneficiary has breached the underlying transaction, payment under the credit to him will occasion loss, but that loss will not be the bank’s; it will be the applicant’s.† Increase in the applicant’s risk and decrease in the bank’s risk under UCP UCP is the governing law of the letters of credit, therefore there should be a balance regarding the rights and duties of the parties, but UCP contains rules that reduce bank risk. There is no provision asking for judicial intervention to compensate letter of credit parties in case of bank’s negligence. The provisions in favour of banks fall into two categories. The first provides sweeping immunity from liabilities that national legal systems may impose. Example of such a disclaimer is Article 15. Under Article 15, banks assume no liability for the genuineness, falsification or legal effect of any documents and therefore the issuer is immune from the liability for paying against forged documents, which on their face appear regular. Therefore, the payment by the issuing bank does not show that the buyer has received the goods, which he had contracted for. The security, which the beneficiary is getting under the letter of credit system is not the same with the security of the buyer. The second category of pro-bank provisions contains rules that set precise boundaries on what the banks must do, which reduces uncertainty about bank responsibility and provides clear guidance to bank employees. For example, the customer cannot stipulate non-documentary conditions of payment, and time limits on examination of documents are fixed rather than open-ended. In case of any loss, the buyer, which is the applicant for a credit, can take action against the seller for breach of contract or fraud, but has no right of action against the bank for bank’s negligence in examining the documents, which can be ineffectual for several reasons, such as insolvency of either the applicant or the beneficiary. Hence the burden of risk on the applicant is more than any party in a letter of credit transaction and in most of the cases, buyers are paying for the goods, they have not contracted for. Chapter 2 UCP and letters of credit Originally UCP has been drafted by the Banking Commission of the ICC, which was comprised of the representatives of the banking community, which shows the dominance of the banks and banking experts. Their dominance in UCP drafting, hints that in drafting UCP, ICC was acting as a private legislature. It looks that the rules contain in the UCP are much beneficial for the banks than any other party, and giving a limited chance to the judiciaries to interfere to protect customers from any careless behaviour of the banks. The authority to interpret the UCP rests in the ICC Commission on Banking Technique and Practice, which can apply these interpretations to solve the problems arising in any case. Because of wide publicity and distribution of commission’s answers, their interpretation can be considered as an official interpretation of the UCP. Commission can enhance, interpreting, and sometimes amend the provisions of the UCP. The banks which deal with the letters of credit, act upon these interpretations and any amendments. As in theory, commission is only answerable to ICC members, therefore the chances of any challenge to such interpretation is very low. Role of courts in balancing the rights and duties of the parties In Discount Records Ltd. v. Barclay Bank Ltd., the judge was reluctant to â€Å"interfere with bankers’ irrevocable credit and not least in the sphere of international banking†. The position is same in many other cases. The apparent reason for the reluctance of the judges to interfere looks that they are afraid from the threats of the banking experts that their decisions would have an unfavourable affect on international trade. The difficulties of the courts to balance the rights and duties of all parties to a letter of credit transaction have increased. In Mannesman Handel AG v. Kaunlaran Shipping Corporation, the Swiss bank argued that the bank was in rejecting the documents by the German company relying on the independence principle and the discrepancies appeared on the documents. The court was asked not to apply the good faith principle otherwise the court â€Å"would be calculated to undermine if not destroy the doctrine of strict compliance and to blur if not extinguish the distinction between transactions concerning goods and transactions concerning documents.† Normally the judicial decisions relating to the legal aspects of documentary credits base on either the express intentions of the parties or established business practice at the time, the parties entered in a contractual relationship. In cases where the UCP provisions are different from business practice, a court will apply the UCP if the UCP is incorporated in the contract of the parties. It shows that courts have assented to the entire documentary credit system being run by the banking industry and eventually abstaining the courts to intervene to balance the legal rights and duties amongst all the parties. Should the UCP have the status of law? Leading scholar Professor Ross Buckley says: â€Å"originally, the UCP was neither designed nor intended to be law. It was prepared as a set of standard terms to be incorporated by reference into letters of credit by those parties who chose to do so.† This has also been confirmed by the UCP in the preface of UCP 500, which states that the UCP is not legislation but a compilation of rules made by bankers for their own industry. Therefore there is a dispute as to whether the UCP is a code of the law, or just customary practices, or some mutually consented regulations relating to letters of credit. However in fact, UCP is the governing law of the letters of credit. The Scope of the Banks Duties Before analysing the wording of the disclaimers used, the scope of the duties undertaken by the banks involved must be identified. Whereas the type of credit and the documentary stipulations therein will usually have been negotiated by the commercial parties and included in their sales contract, the terms and conditions under which a bank undertakes to open a documentary credit will normally appear in the banks standard application form which the importer will be required to complete. Although the application would normally refer to the UCP, it is important to note that the provisions of the UCP would not automatically apply in English law if not expressly incorporated by the parties to the credit and, even if expressly incorporated, its provisions can be excluded, or modified by the express terms of the credit. The duty to issue an efficacious credit The importers failure to procure the issue of a documentary credit which conforms to the terms of the sales contract may be treated by the exporter as a breach of a condition precedent to his performance and a repudiation of the contract by the importer. Whether the applicant can sue the issuing bank in respect of its culpable failure to issue (or to issue in good time) a conforming and efficacious credit is, however, by no means clear. The duty to issue a conforming credit An initial problem arises where the applicant requires the issue of a confirmed credit, that is, a credit in which a second bank, normally in the beneficiarys country, adds its own independent undertaking, to pay against the stipulated documents, to that of the issuing bank. Is the issuing bank in breach of contract towards the applicant if it is unable to procure the confirmation? The answer must depend upon the issuers conduct on receiving the application from the applicant. The second aspect of the duty to issue a conforming credit raises the question of liability for the acts of other banks involved in the transaction. Clearly, if the issuing bank opens a credit which specifies documentation other than that called for by the applicant, then in the absence of a disclaimer it will be in breach of its contract with the applicant under the doctrine of strict compliance. The position should be the same where the issuing bank unreasonably delays issue of the credit so that the beneficiary incurs loss. A difficulty arises, however, when it is not the issuing bank itself which causes the error or delay in complying with the applicants instructions, but the issuers correspondent bank. The doctrine of privity of contract would appear to prevent contractual liability arising in this context. However, in any event, it appears that there is no reason for holding that, in the absence of a disclaimer; an issuing bank should not be liable for the consequences of errors by its correspondents. Duty to receive and examine documents The doctrine of strict compliance means that issuing banks which pay against non-conforming documents are in breach of their contractual obligations to the applicant. The issuer is not, however, a guarantor of the documents conformity; its duty is discharged by the exercise of reasonable care to ascertain that the documents comply on their face with the terms of the credit. Duty to make payment under the terms of the credit The party with the primary interest in enforcing the banks obligation to pay against conforming documents is the beneficiary although it is clear that this obligation is also owed to the applicant. Furthermore, any variation of the payment terms would be a clear breach of contract. Duties of correspondent banks In so far as the confirming bank gives an undertaking in exactly the same terms as the issuing bank, it clearly owes precisely the same duties to the beneficiary. However, since a confirming bank looks to the issuing bank alone for reimbursement, it may be prima facie unlikely that it owes any duty to the applicant, even where the applicant is paying the confirmation fee. There are, however, some judicial dicta which might support the recognition of such a duty. Bank’s risk under UCP (exemption clauses) Article 15 and 18 (b) of the UCP 500, limits the liability of the banks in a letter of credit transaction and which have almost made it a risk free transaction for the banks. Article 15 says: â€Å"Banks assume no liability to or responsibility for the form, sufficiency, accuracy, genuineness, falsification or legal effect of any document(s) or for the general and/or particular conditions stipulated in the document(s) or superimposed thereon, nor do they assume any liability or responsibility for the description, quantity, weight, quality, condition, packing, delivery, value or existence of the goods represented by any document(s) or for the good-faith or acts and/or omissions, solvency, performance or standing of the consignors, the carriers, the forwarders, the consignee or the insurers of the goods or any other person whomsoever.† Article 18(b) further states: â€Å"Banks assume no liability or responsibility should the instructions they submit not be carried out, even if they have themselves taken the initiative in the choice of such other bank(s).† The UCP 500 places the applicant-buyer in an absurdly vulnerable position through its disclaimer clauses. To some extent there is a lack of duties on the part of the bank to verify the authenticity of the documents. Hence it might not be wrong to say that albeit there is a waste increase in the use of letters of credit, does not signify that the UCP is fairly drafted. Letters of credit and its users It is also very important that whether all the parties to the letter of credit, particularly applicant-buyer are conscious about the presence of these exemptions, e.g. by providing a copy of these exemption clauses of the UCP or by giving a notice of these exemption clauses. It is a rule that to enforce an exemption clause, a reasonable notice should be given to the other party but in practice, buyers are assume to have the notice of the UCP and that they are familiar with the provisions of the UCP. Further, the application for the issuance of a letter of credit and the letter of credit document itself only contain a simple sentence: â€Å"Subject to UCP for Documentary Credits†, without any attachment of the provisions of the UCP or any notice of such exemption clauses. Hence it is debatable that why the courts do not look, while dealing with the cases relating to the letters of credit, that whether a reasonable notice has been given relating to the exemption clauses and do not interfere to balance the rights and duties of the parties to a letter of credit transaction? Chapter 3 Doctrine of strict compliance and independence principle It is a basic rule of the letter of the credit transaction and which is widely recognised that the letters of credit are transactions independent of the underlying contracts on which they are based. According to this principle, the issuer has no concern with the underlying contracts between buyer and seller. Its concern is with documents only, rather than the goods or any type of services. Obviously there are some doubts about this principle, i.e. to what extent this principle should be applied. Which some tome may cause injustice to the applicant under certain circumstances. Independence Principle Generally, letter of credit is a contract between the issuer and the seller of the goods, which is independent of the underlying contract between the seller and the buyer. The independence principle is mentioned in Article 3 and Article 4 of the UCP. Article 3 states: â€Å"Credits, by their nature, are separated transactions from the sales or other contract(s), even if any reference whatsoever to such contract(s) is included in the Credit.† Article 4 further says: â€Å"In credit operations all parties concerned deal with documents and not with goods, services and/or other performances to which the documents may relate.† From the very beginning independence principle governs letter of credit transactions and very clearly states that the credits are completely separate from their underlying transactions and the issuer makes payment depending on the conformity of the documents presented according to the terms and conditions of the credit without considering the performance of the underlying contract by the beneficiary.