Thursday, August 15, 2019

Letter of Intent for College of Medicine Essay

I am Emillie Grace D. Tombucon, registered nurse and currently working as a staff nurse of Northern Palawan Provincial Hospital. I am writing you this letter to express my great intent to pursue my Graduate Studies at your esteemed University for the prestigious Medical Course. The University of Perpetual Help- Dr Jose Tamayo Medical University (UPH-DJGT) is my first choice in pursuing my dream. I believe that one of the key ingredients to be a sucessful and effective professional is the right ethical values and beliefs. The strong Christian values inculcated in the quality education of the University inspires me the most in realizing my aspiration to be a good physician. It was my childhood dream to be a doctor. I remembered that my Mom was very proud when I ended my speech in Kindergarden Graduation that it was my dream . Years gone by, I finished my Bachelors Degree in Nursing, my mother want me to continue my studies to Medical School, but I immediately worked both in the clinical and academic field of nursing. I also finished my Masters Degree in Nursing this last April, 2013, but I felt that I need to expand my horizons through continued education. After five years of working as a nurse clinician and educator, I’ve experienced a lot things which contributed to my knowledge, skills and attitude as a proficient nurse and a community servant. I chose to work in government hospital and institutions so that I can serve my fellow Palawenos. Having been exposed to the rural community areas, I’ve learned that there are inadequacies in the health workforce specially in the medical field. I also want to enhance my personal, intellectual and social skills thru the quality education your University offers. Thus I decided to finally realizing my dream and the first step is to enroll in a topnotch learning institution like UPH-DJGT Medical University. It would a great honor to be a part of UPH-DJGT family. I know that I can be a good contribution to the University. Hoping for your kind consideration. Thank you very much and more power!

Wednesday, August 14, 2019

Land Law Essay

Proprietary estoppel protects a person who has a non contractual agreement over land but they have suffered a detriment due to them acting upon a reliance based on an assurance made by the claimant. There has been much discussion in recent case law and academic commentaries as to the elements which make up the nature of proprietary estoppel. Unconscionaibility is a major point for discussion in deciding whether it should be treated as a separate element or if it is linked into the three main elements. This essay will consider and discuss the nature of proprietary estoppel and the two views on unconscionaibility; whether there will always be unconscionaibility if there has been a non-performance of an assurance causing the claimant to suffer a detriment based on the assurance which they relied on or if unconscionaibility should be proven as a separate element in each case. The starting point of proprietary estoppel was in the case of Willmott v Barber (1880) where five criteria were laid down, which had to be satisfied by a person claiming proprietary estoppel and the courts applied these criteria to a wide range of proprietary estoppel claims. However these criteria were criticised for being too strict leading to the broader approach established in Taylor Fashions Ltd v Liverpool Trustees Co Ltd (1982) where Oliver J stated: ‘whether, in particular individual circumstances, it would be unconscionable for a party to be permitted to deny that which, knowingly or unknowingly, he has allowed or encouraged another to assume to his detriment’. Although the approach became broader there still remained essential elements which must be satisfied for a successful claim. The more modern approach towards proprietary estoppel is based on three main elements, firstly an assurance of land or property being made to the claimant, the claimant relying on the assurance which has been made and finally the claimant suffering a detriment as a consequence of relying on the assurance made. The main point for discussion and questioning in proprietary estoppel is the role of unconscionaibility and whether it should be treated as a fourth element which too must be satisfied in order for a claim to be successful or if unconscionaibility is interlinked with the other elements of proprietary estoppel. Proprietary estoppel acts as ‘a sword and a shield’ and can be used in one of two ways. ‘Put positively, the reason why it is possible to use proprietary estoppel to generate a property interest in a favour of a claimant despite the absence of the normal formality rules is because of the need to prevent unconscionable conduct. This is why unconscionaibility is the foundation of estoppel. It is the antidote to the otherwise fatal absence of formality. ’ This is one of the views on unconscionaibility which suggest that unconscionaibility is at the heart of proprietary estoppel rather than a separate element of it. The first element of proprietary estoppel is encouragement where the claimant’s belief that they would have some rights over land or property has been encouraged by the promisor and this could have been done actively or passively. Active encouragement is seen in common expectation cases where the claimant has been actively persuaded through an express representation as in Inwards v Baker (1965) where a son was actively encouraged to build on his fathers land in the expectation that it would be his in the future. Common expectation cases are dealt with more generously by judges, compared to passive cases, as the promisor has lead the claimant to have a reasonable belief that they would acquire the land therefore leading them to rely upon that assurance causing them to suffer a detriment. It would be seen as unconscionable in a common expectation case for the claimant to have been encouraged to suffer a detriment for the promisor to then go back on their assurance, meaning that unconscionaibility is instantly a running theme in the elements as it can be seen at the first instance and should therefore not be treated as a separate element. The encouragement could also be passive, for example a land owner standing by watching someone build on their land knowing that somebody is acting under a mistaken belief. The nature of a passive expectation made to the claimant can be distinguished in commercial and domestic cases as was seen in Cobbe v Yeoman’s Row Management Ltd (2008) where the House of Lords established that the expectation of an interest in land should not be vague in a commercial situation. The expectation should be for ‘a certain interest in land’ for proprietary estoppel purposes which was not the expectation held by Cobbe therefore the expectation was held to be too vague. Lord Scott stated ‘Unconscionaibility in my opinion plays a very important part in the doctrine of equitable estoppel, in unifying and confirming, as it were, the other elements. If the other elements appear to be present but the result does not shock the conscience of the court, the analysis needs to be looked at again. This statement shows how case law endorses the unconscionaibility approach as being interlinked with the other elements of proprietary estoppel however if all of the elements are not satisfied there can not be a claim for proprietary estoppel as is the case here. In domestic (family) cases, the nature of the expectation doesn’t have to be so specific as long as there is an interest or right in land that would amount to a significant expectation. The assura nce made must be clear enough so that claimant is found to have relied upon. Lord Walker stated in the case of Thorner v Major (2009) â€Å"There is no definition of proprietary estoppel that is both comprehensive and uncontroversial†¦the doctrine is based on three main elements, although they express them in slightly different terms: a representation or assurance made to the claimant; reliance on it by the claimant; reliance on it by the claimant; and detriment to the claimant in consequence of his (reasonable) reliance† One view on unconscionaibility stated that ‘Once there has been detrimental reliance on an assurance, it is unconscionable to withdraw it’ therefore if it cannot be proven that an assurance existed then it wont be unconscionable for it to be withdrawn showing that unconscionaibility is a running theme within proprietary estoppel rather than a separate element. One difficulty in deciding these kinds of cases is that although an assurance has been made to the claimant in the way of a will, the claimant is also aware th at the will could be revoked at any time therefore the question to be asked is whether their reliance based on the assurance was adequate. The second element of proprietary estoppel is reliance where the claimant must have been encouraged to rely on the promisor’s assurance which has caused them to suffer a detrimental loss by changing their position and there must be a sufficient causal link between this in that the encouragement must have caused the detriment suffered. Reliance can not be treated as an element alone it has to have caused a change in the position of the claimant, if no detriment has been suffered then there can be no claim for proprietary estoppel. There are several ways in which the courts can show how the claimant was influenced to rely on the encouragement; firstly is by clearly showing that there has been a change in position by the claimants positive act, for example the claimant spending money on the land or making property improvements based on the assurance that it will become theirs, causing them to suffer a detriment. Where the claimant has acted in a way different to what he would had the assurance not been made nd relied on this can also show how the encouragement has influenced the reliance causing a detriment as in Jones (AE) v Jones (FW) (1977) where a son acted on the assurance of property becoming his left his job and house to live with his father, however had the assurance not had been made he would not have done this leading to the detriment that he suffered. There can be a presumption made that the claimant relied on the assurances given to them based on there conduct and in these cases the burden is put onto the other party to prove that the claimant did not rely on the promises made and this is hard to prove as it is a subjective matter based on the claimants state of mind. This was the case in Greasley v Cooke (1980) where the defendant did not have to prove that she relied on assurances as it was presumed from her conduct. The final element of proprietary estoppel is that the person must have suffered a detriment due to the reliance on the assurance which has caused a change in their position. The detriment suffered can be in many forms not just that of financial detriment although it must be substantial in making it unconscionable for the land owner to withdraw their promise of land to the claimant. Walton v Walton (1994) shows where financial detriment wasn’t the main detriment suffered, the claimant had suffered a personal detriment as he had spent years of his life relying on the assurance made to him that the farm would one day be his, and he couldn’t get those years of his life back. Public policy in formalities of contracts plays a major part in the deciding claims for proprietary estoppel. Section 2 Law of Property (Miscellaneous Previsions) Act 1989 states that (1) A contract for the sale or other disposition of an interest in land can only be made in writing and only by incorporating all the terms which the parties have expressly agreed in one document, or where contracts are exchanged, in each. This act stops informalities in land transfers where a claimant would be expected to sign up a contract but hasn’t done so, as in Cobbe, and this is where they would turn to proprietary estoppel to try and show that the detriment which they have suffered is due to the unconsionability of the removal of the assurance which they had originally relied on. Proprietary estoppel acts as a way around formalities and a form of protection for those who have not followed contractual formalities in the transfer of land. Why should people be able to use proprietary estoppel to make a claim for land where they have followed formalities and drawn up a contract as in Cobbe, it can be seen that it is not unconscionable for the promisor to withdraw as there is no contractual agreement. However in domestic cases where there wouldn’t always be an expectation of a legal contract to be drawn up proprietary estoppel can stop unfair decisions being made due to the lack of formalities where it would be unconscionable for the defendant to suffer a detriment due to an assurance on which they have relied. There are clearly two competing arguments against proprietary estoppel, the first being that ‘once there has been detrimental reliance on an assurance, it is unconscionable to withdraw it. Indicating that unconscionaibility is a function of the three elements. If unconscionaibility was seen as a separate element then it would be pointless in having formalities as it wouldn’t matter whether it was unconscionable or not as long as the other elements had been satisfied. The second view on unconscionaibility is that of it being a separate fourth element and in some circumstance this can be seen as being successful for example in commercial cases where the first three elements of proprietary estoppel have been established but it would be unconscionable for the claimant to benefit due to the lack of formalities and contractual agreement.

Competing Visions Paper 2 Essay Example | Topics and Well Written Essays - 500 words

Competing Visions Paper 2 - Essay Example If Keene and O’Donnell’s argument are to be used in running the state, the state becomes an agent of oppression that perpetuate the interest of those who have over those who do not have. The state no longer becomes an instrument of justice but rather an institution of oppression that rules with tyranny. Such is not the function of the government. Government is supposed to rule everybody and everybody should have a stake and say in the government and not only those who have properties. Keene and O’Donnell’s argument are also impractical. Suppose for the sake of argument that we will only let those who bear the burden of the state to have a say in it. What are going to do with those who do not have property? Are we just going to ignore them? Marginalize them? They happen to consist a very significant portion of society. We all know today that if we marginalize a certain sector of society that they will eventually resent it. Thus, an unjust society as proposed by Keene and O’Donnell will just create a social volcano and make the society combustible as it breeds dissent among those who do not have a say. Eventually, a revolution or uprising will happen just like in any other society in history where the people eventually revolted against an oppressive state and the powers that be, including those who are privileged, are either deposed or harmed. Such policy also further the gaps between those who are propertied and those who are not. In the long run, society will no longer be sustainable because it does not seek to empower others to become propertied also that they may be able to share the burden of the state. In this kind of society that Keene and O’Donnell proposes, people’s station are static. Meaning, if you are poor, you will be poor all your life without any chance of improving your lot. So your kind multiplies while those who are propertied become greatly outnumbered. Until it becomes a point that those who

Tuesday, August 13, 2019

Latinos underepresentation in the criminal justice system are reflect Research Paper

Latinos underepresentation in the criminal justice system are reflect in the lack of latinos judges in the United States Supreme Court - Research Paper Example Without the promotion of a significant number of Latino legal professionals, Latinos perhaps have access to a very few culturally aware Latino legal experts to cater to the needs of the continuously increasing Latino population in the U.S. (Failde, 1997). This paper argues that Latino underrepresentation in the criminal justice system is reflected in the lack of Latino legal professionals or judges in the U.S. Supreme Court. Several qualitative and quantitative findings and statistics are available on affiliates of the legal profession who are self-identified Latino and hence offer some ideas about the opportunities, difficulties, and achievements of Latino judges and legal professionals (Rivera & Roure, 2012), and is crucial in gaining knowledge of the experiences of Latino legal experts. The rise of Latinos as a capably major electoral group is apparent in the judicial selection policymaking during the Bush administration. A Latino lawyer and past state judge, Alberto Gonzales, has become controversial because of his job as the head of the Bush judicial selection board. More importantly, the attempt of the Bush administration to assign Miguel Estrada to the federal appellate position brings a realization that Latinos can be a major political electorate. The appointment of Estrada was among the few disapproved by Democratic senators due to worries about his alleged fanatic conservatism (Chavez, 2011). It is widely believed that the Bush administration would want to take acclaim for assigning the very first Latino Supreme Court justice. However, in relation to other parts of judicial selection, there was no rise in the number of Latino judges from the conclusion of the Clinton presidency to the middle of the Bush government. Nevertheless, there was a little surge in t he population of Latino judges in U.S. District Courts (Smith et al., 2005). Regardless of whether Bush has the chance to

Monday, August 12, 2019

Blackberry outperform iphone in features and users Research Proposal

Blackberry outperform iphone in features and users - Research Proposal Example Objectives Some people say that iphone is far more superior to blackberry whereas others say that blackberry is superior to iphone in features and users. I strongly believe that blackberry has definite edge over iphone in number of users and better features and the major objective of this research is to establish my claims. Introduction/Background Apple Company’s iphone and Research In Motion (RIM)’s blackberry were the most popular mobile phones in the world currently. These products are currently engaged in fierce battle for supremacy across global markets. For example, Chinese and Indian markets are believed to be the most promising emerging markets in the world now because of the rapid economic growth happening there. Both blackberry and iphone are currently trying to establish in these markets. Both the products have its merits as well as demerits. BlackBerry functions as a personal digital assistant with address book, calendar, memopad, and task list capabilities whereas iphone has features like touch screen, enhanced internet browsing capacities, superior audio and video playing and capturing abilities etc. Bbalckberry can also functions as a portable media player and it is capable of sending and receiving Internet e-mail wherever mobile network service coverage is present, or through Wi-Fi connectivity. Methodology This research is intended to be conducted based on secondary data alone. Internet, printed articles, books etc will be used for collecting secondary data about iphone and blackberry. Both qualitative and quantitative data will be used in this research in order to establish my claims. This research will be completed within two weeks. The first 10 days will be used for collecting data and the last five days will be used for writing the final paper. It can be tentatively conclude that blackberry is superior to iphone. Literature review Black Berry phones have superior messaging features. Auto-text, auto-correct, text prediction, su pport for many languages, keyboard shortcuts, push notifications for email etc are some of the messaging features which are superior to iphone. Social networking sites such as Facebook, Twitter, Myspace, etc can be easily accessed through blackberries. Berry Messenger, Google Talk, ICQ, Windows Live Messenger, AOL Instant Messenger and Yahoo Messenger are the instant message services available in blackberries. Even though, iphone has some of these features, it cannot work as smoothly as blackberries. Blackberries have superior browsing speed and superior message handling facilities compared to iphones. Perhaps even more significantly, the iPhone fails to synchronize as well as the BlackBerry. When a BlackBerry user changes a calendar event or some contact information on his or her desktop computer in Exchange, the changes automatically appear on the BlackBerry. This makes keeping track of basic business information a snap because one never has to worry about acting on outdated data or manually updating one’s handheld. In contrast, the iPhone does not synchronize calendar and contact information wirelessly, which makes it less dependable for information ultimately stored on a server (Hendrickson, 2007) The iPhone’s functions can be easily accessed through a touch screen display using mainly by the finger commands. Moreover the picture quality (25,000 pixels per inch) of iphone is one of the bests among the new generation mobile phones. However, current blackberries have all these

Sunday, August 11, 2019

Pen Marked Essay Example | Topics and Well Written Essays - 1750 words

Pen Marked - Essay Example This discussion is an application of the steps of critical thinking in Penn-Mart case memo or case study. Before applying the steps of critical thinking in Penn-Mart case study, it would be important to outline the benefits of critical thinking. Browne and Keeley (2014) notes that critical thinking helps individuals react decisively, review and critic a presented material. In this respect, applying critical thinking in Penn-Mart memo forms the basis for its review and criticism. Based on the writers articulation of ideas and conclusions, the reader can either accept or reject the presented material. The first step of critical thinking as presented by Browne and Keeeley (2014) is identification of the issue and conclusion of the subject matter. In other words, this step involves identification of the argument, hypothesis and the projected or anticipated communication. To identifying the issue, Browne and Keeley (2014) advises that one ought to reflect and raise questions in regards to what the writer is responding or reacting to. In this respect, the issue in Penn-Marts case is the escalating expenditure in terms of healthcare benefits for the employees. Conversely, there must also be the identification of the conclusion in critical thinking. This involves a reflection on what the author of the material is seeks to establish (Browne and Keeley, 2014). In this case, the conclusion of Penn-Mart case can be deduced from the objective of the proposed "Get Well" program. It is the belief of the writer that improving employees awareness of their individual health status and subsequent ly assisting them identify health problems that could be alleviated or lessened by means of individual improvement approaches would significantly reduce the costs incurred by Penn-Mart through healthcare benefits. The writer clearly defines the issue and conclusion. The second step of critical thinking is identification of the rationale (Browne and Keeley, 2014). This

Saturday, August 10, 2019

The Entertainer by Scott Joplin Essay Example | Topics and Well Written Essays - 1000 words

The Entertainer by Scott Joplin - Essay Example He played with a group of minstrels before he settled down in St.Louis in 1890.He played in the Chicago World Fair in 1893. The railroad crash at Waco in 1893, inspired his composition "The great crash collision" Scott's life was not a bed of roses, he contracted syphilis from which he died in 1917. His long ill health affected his work. His African-American heritage had a great influence on his music.. Early influence on Scott was that of his musical family-Scott's mother payed the banjo and sang, while his father played the violin .His mother bought him a piano from the money she earned by cleaning houses Her influence can be seen in his early composition "Treemonisha" published in 1911. He was given free piano lessons by Julius Weiss, a German music teacher., whose influence on Scott's music was significant. Weiss taught him the intricacies of classical music form. His early training in classical music instilled a love for the classical form in Joplin, which is evidenced in his classic rags .Joplin made use of Afro-American folk music tradition in his rags. Ragtime music gets its name from the 'ragged rhythm' it uses. Having been composed mainly for the piano, "The Entertainer" is primarily in C major. In the "B" section, the melody is played on a higher octave. Its texture is homophonic, with a single melody The music is strongly tonal, with many sections of the music ending on a tonic chord. Although the rhythms and pitches are influenced by the African-American folk music traditions, the music has a definitely European - American form. Tempo is another aspect of Joplin's music. Joplin wrote instructions on his music not to play it at too fast a tempo, which would ruin the music. The Entertainer" is now considered one of the top ten songs of the 20th century.. Art Appreciation- Music and the Performing Arts Performing and Visual Arts - a descriptive essay Performing and Visual Arts . Each form of art like painting, music, dance or theater has evolved in its own way in different countries of the world, and each has its own characteristics. The arts, like painting, theater, dance and music ,have a wide range of techniques of expression. Painting has evolved from our primeval visual heritage Painting helps the painter to express the joy, enchantment and wonder he feels for the visual phenomena of the outside world, by using colors and drawing to express his ideas Paintings can be naturalistic, abstract or symbolic. Among the many techniques of painting, oil painting, pastels and Oil pastel, watercolor and acrylic painting are the most popular. While landscapes and still life painting are usually naturalistic, medieval painting was dominated by religious motifs Although different schools of painting use different ways of expression, there are some elements which are common to all types of painting. The basic elements of painting are shape, line, texture, tone and color. According to Peter Owen, "Most paintings, whatever their style and subject, and however many other aspects they may offer us, can be appreciated as patterns of shapes defined on the picture surface."(Owen . p1) Since the painter can communicate his ideas to the viewer only as a two- dimensional, immobile and