THE ADVENTUROUS CELEBRATION

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Travis Beet.AE100.Prof. Gladfelte.September 08, 0.

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The Adventurous Celebratio.

This is a story of six erratic kids out for a night of jocularity. It all began around 8 p.m. when six scions showed up to a young lads house by the name of one Matthew Nichols. Soon, these kids would turn from sober to inebriated. As they drank themselves dizzy, a young man named Jason Barnes confronted them. This juvenile informed them about a secluded farm that they could dissipate at. They then made their journey to "the farm". As they began the second session of drinking, a meddling man approached them in an old mangled truck. The man told these kids not to move or he would shoot them. As the man turned around towards his truck to pick up his cell phone to call the cops, four of the drunken kids scurried into the woods unnoticed. They would then wait for the designated drivers to pick them up, for no shorter than thirty minutes. As they punks were picked up, the plastered young men were informed of cops showing up. The designated drivers were forced to lie to the officers, and tell them that nobody else was accompanying them. For the best part they didn't get any tickets. Then they began a journey home to their friend Allen's house, where they would begin to shout and yell with joy. After gathering themselves, they concluded that it was the most "adventurous celebration" of the year, January 1, 00. This celebration was great dispite the cops bringing this to a halt. It was a bunch of kids trying to have fun, but cops have to ruin it..

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The Best Treatment for ADD

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Karen Christense.Professor J. Johnso.English 11.7 August 00.

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The Best Treatment for AD.

Attention Deficit Disorder, also known as ADD, ADHD, or simply hyperactivity, can be displayed among children, adolescents and even adults. "Doctors and educators often use the term'attention-deficit disorder' (ADD) to describe the way certain children act in the classroom" (NIMH "A Treatment Study"). In loose terms, these children squirm in their seats, fiddle with their papers, fidget with their hands, and move around to the point that they disturb other children. "Not long ago, children who behaved in certain ways were called'bundles of energy,''daydreamers,' or'fireballs.' Now they're considered'hyperactive,''distractible,' or'impulsive'-victims of the ubiquitous Attention Deficit Disorder" (Armstrong). There are many different forms of treatment or approaches that are used to help children with ADD, including changing the child's environment, parent counseling and behavior modification and the use of medication. Of all the different types of treatments, studies seem to focus mostly on stimulant medications. Ritalin is the most commonly used stimulant medication and is the best treatment because it has a calming and focusing effect, increases confidence and self-esteem, and it has low abuse potential..

Attention Deficit Disorder, ADD, and Attention Deficit Hyperactivity Disorder, ADHD, refer "to a family of related chronic neurobiological disorders that interfere with an individual's capacity to regulate activity level (hyperactivity), inhibit behavior (impulsivity), and attend to tasks (inattention) in developmentally appropriate ways" (NIMH "ADHD-Questions and Answers"). According to the National Institute of Mental Health, research shows that ADD tends to run in families, so it is likely to be genetic. At least one-third of all fathers, who had Attention Deficit Disorder growing up, have children with ADD. Attention Deficit Disorder is one of the most common mental disorders among children. It affects three to five percent of all children, which equals about two million American children. Also, boys are two to three times more likely affected than girls ("ADHD").

The main symptoms of ADD include inattention, hyperactivity and impulsivity. Inattentive people have a hard time focusing on one task and may get bored with it after only a few minutes. Hyperactive people always seem to be in motion and can not sit still or they may do things like shaking their feet or tapping a pen on the table. Impulsive people are those who do not think about the consequences of their actions beforehand, even though they know the difference between right and wrong. Children with Attention Deficit Disorder have also shown specific learning problems involving word confusion, math, writing, spelling and reading. "Although both inattentiveness and impulsiveness do tend to get better as the child grows older, teenagers with ADHD continue to experience much greater difficulty than do other teenagers" (Greenberg 11). If untreated, as children with ADD grow older, they are more likely to experience drug abuse, antisocial behavior, conduct disorders and injuries.

Methylphenidate, also known as Ritalin, is a central nervous system stimulant and is not a new medication. In fact, it has been around for about thirty years and increasingly prescribed to treat Attention Deficit Disorder. "Since 10, Ritalin production is up 700 percent, and nearly 15 percent of America's school-age children are using psychiatric prescription drugs" (Colgan 61).

Ritalin has effects similar to, yet more potent than caffeine and less potent than amphetamines. It has a notably calming effect on hyperactive children and a focusing effect on those with ADD. Life can be hard on children with Attention Deficit Disorder. Ritalin allows them to concentrate and finish the homework, which they were once not able to. Until recently, most studies involve the short-term effectiveness of stimulants. "There is no information on the long-term outcomes of medication-treated ADHD individuals in terms of educational and occupational achievements, involvement with the police, or other areas of social functioning" (NIMH "ADHD-Questions and Answers").

First-hand experience, with children taking Ritalin, has influenced my opinion as to whether it is the right treatment for Attention Deficit Disorder, ADD. Working at an after school daycare, I have witnessed many temper tantrums and fights or arguments between children, as well as children and adults. Some, not all, of these children have either ADD or ADHD. On days where they have forgotten to take their medication, many of these incidences occur. I could definitely see a difference in their behavior and they do not seem like themselves. These children will lash out at other children and adults if they do not get their own way or like what they are told to do.

One incident sticks out in my mind; a boy threw a basketball at another boy for stealing the ball from him during a game. This boy was then told to go inside, sit down and put his head down. He then started to throw a temper tantrum, banged his head on the table and made his lip bleed. After threatening to send him up to the principal's office, he calmed down a little. For the rest of the day though, he was upset and just not his normal self.

Life can be hard for children with Attention Deficit Disorder. ADD frustrates many children because of the fact that they can not concentrate and seem to always get into trouble, whether it is at home or in school. They also are shunned by a lot of children because of the way they act and treat others. Some children are even too quiet or shy, so children do not even bother talking to them. The results Ritalin has on children with ADD, gives them a good self-image and higher self-esteem. These children do not get into as much trouble, which means they are not always being yelled at or punished. Their grades improve along with their social skills. Other children will now talk and play with them. As previously stated, if untreated, as children with ADD grow older, they are more likely to experience drug abuse, antisocial behavior, conduct disorders and injuries.

A little girl in my mother's Kindergarten class had trouble concentrating in school and always seemed to be in "la la land." Once diagnosed with ADD and treated with Ritalin, she had no problems focusing during class. A direct result of this was her grades improving tremendously. She also began talking more during class and with the other children. It was obvious that her self-esteem had greatly improved.

"According to the U.S. Drug Enforcement Agency, Ritalin is considered a Class II Drug and a controlled substance...like cocaine, methamphetamine and methadone" (Methylphenidate). A drug becomes a controlled substance when it has the potential for abuse or addiction, yet the National Institute on Drug Abuse states that people with ADD, taking stimulant medication do not become addicted when taken in the form and amount prescribed ("Methylphenidate"). New research from the National Institute of Health explains why this is true. Oral doses of Ritalin take about sixty minutes to reach its peak.Concentration in the brain, compared to five minutes for cocaine or nine minutes for Ritalin taken intravenously. This is why people with Attention Deficit Disorder, taking Ritalin, do not experience a "high" from their medication and therefore do not abuse it ("New Research").

There are many cases where people who do not need to take it, abuse Ritalin. When abused, in order to get "high", Ritalin tends to be taken intravenously or snorted, showing the relevance of the form Ritalin it is taken in. The theft and abuse of these drugs overwhelmingly occurs in schools. A recent incident involved two teachers at a Tennessee school. These teachers had been caught stealing their students' Ritalin. Also, in Georgia, investigators are looking into the theft of over four hundred pills between two schools. In these two incidences, investigators thought the pills had been stolen for personal use or for re-selling on the street or to other students (Colgan 6).

Ritalin is the most commonly used stimulant medication and is the best treatment because it has a calming and focusing effect, increases confidence and self-esteem, and it has low abuse potential. It has been around for many years and most commonly used to treat those with Attention Deficit Disorder, ADD. Although Ritalin is not the "cure" for ADD, it is the best treatment and easiest for both the parents and children to deal with. Taking a pill has no effect on the child's daily routines. Where as, other treatments take a lot more time and effort on everyone's part, such as counseling, behavior modification and environmental changes. A combination of Ritalin along with these other treatments is the best chance for a child with ADD to live a "normal," and happy life. Ritalin alone is an enormous step in the right direction. Works Cite.Armstrong, Thomas, PhD. The Myth of the A.D.D. Child. 0 July 001 http//www.geocities.com/Hotsprings/8568/.Colgan, Craig. "Don't Bet Rattled Over Ritalin." The Education Digest. Feb. 001

60-6.Greenberg, Gregory S., and Wade F. Horn. Attention Deficit Hyperactivity Disorder. Illinois Research Press, 11.NIDA. "Methylphenidate (Ritalin)." National Institute on Drug Abuse. 5 Nov. 1. 8 July 001 http//www.nida.nih.gov/Infofax/Ritalin.html.NIH. "New Research Helps Explain Ritalin's Low Abuse Potential When Taken As Prescribed." National Institute of Health. Sept. 18. 6 July 001 http//www.nih.gov/news/pr/sept8/nida-.htm.NIMH. "A Treatment Study of Youth with Comorbid Attention Deficit Disorder (ADHD) and Anxiety Disorders." National Institute of Mental Health. 8 May 001. 4 July 001 http//www.nimh.nih.gov/studies/adhdanxietytrial.cfm.NIMH. "Attention Deficit Hyperactivity Disorder." National Institute of Mental Health. 16. 8 July 001 http//www.nimh.nih.gov/publicat/adhd.cfm.NIMH. "Attention Deficit Hyperactivity Disorder (ADHD) - Questions and Answers." National Institute of Mental Health. March 000. 1 July 001 http//www.nimh.nih.gov/publicat/adhdqa.cfm.

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The House of Mirth

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Like the Edith Wharton novel that inspired it, Terence DaviesThe House of Mirth conceals rage beneath measured surface appearances. This is one of the saddest stories ever told about the traps that society sets for women. Perhaps its characters fear that if they ever really spoke their thoughts, their whole hose of cards, or mirth, would tumble down. And so they speak in code, and peoples lives are disposed of with trivial asides and brittle wit..The book tells the story of Lily Bart, a respectable member of new York society in her late 0s, who keenly feels it is time for her to be maried. Is there nothing else she can do? Apparently not; her upbringing has equipped her for no trade except marriage, and even Lawrence Selden, her would-be beau, observes disappionately.Lily is alone in the world, except for a rich maiden aunt, from whom she expects an inheritance. She lives in a world of lunches ad teas, house parties and opening nights, where she is no longer a fresh face. Lily has wanted to be financilly stable. She goes through life looking for a husband that can assure her a place in the leisure class, even though the shallow life is not the one that Lily appears to want. Instead, she continues to sabotage her destiny. Lily did not want to be an ordinary woman she wanted to be this popluar, rich high society person. It is here that we learn of some really important things about this character and her wild rather unrealistic ambitions.Even though Lily thought marriage was the solution to all her problems it became her demise.

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India-pakistan cold war

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As two nations united by history but divided by destiny, India and Pakistan are almost like two estranged siblings. Their rivalries over five decades have prevented both countries from realizing their full economic and geographical potential. The two countries have fought three wars, two of them over the disputed region of Kashmir. The region is small, but nestled in the foothills of the Himalayas, its strategic importance and beauty make it a prized possession." (CNN).There is no end to this bitter-peace battle between these two countries. Both countries want their independence as well as control over the much-disputed Kashmir. There are major differences, such as culture and religion, and economy. These are the reasons why India and Pakistan have been at war with each other for more than half a century. The 171 Civil War was also a consequence of the differences between these two diverse countries. This war is an example of the history behind the'hatred' that these countries have for each other. It will help to clarify some the reasons why India and Pakistan have been at war for so long and why they have not come to resolution..

The religious differences have been the foundation of the problems between India and Pakistan and are the main reason for their partition. Pakistan is a country in which the majority of people living there are Muslim and in India the majority are Hindu. "India stood for a secular, equitable polity based on the universally accepted idea that all men are created equal and should be treated as such. Pakistan was based on the premise that Hindus and Muslims of the Subcontinent constitute two different nationalities and cannot co-exist. The partition created two different countries with most Muslim majority areas of undivided India going to the newly created nation, Pakistan (Land of the Pure)." (Freeindia) Many people had to escape the violence and leave their homes for their safety, they had to leave behind everything they were familiar. Muslims left behind their homes in India and Indians fled Pakistan for a new life. "It is estimated over two million died from religious violence in the process." (Zia Mian) When the countries separated, they were said to be "birthed in violence and hatred" and it has only escalated for over half a century..

Another widely exposed crisis that Pakistan and India have encountered is Nuclear power testing. Since both countries are hostile and tense, which can cause a risk of nuclear conflict, there are many countries that are involved in trying to resolve these concerns before they become more problematic. But this is such a complicated issue, that it may be research paper in itself. To mention it as one of the major issues surrounding the India and Pakistan war is important. "Their nuclear weapons capability at the technological level was recognized along with their military ambitions, and all remained outside the 170 Nuclear Non-Proliferation Treaty (NFT), which 186 nations have now signed. Both countries are opposed to the NFT, except for safety-related devices for new safeguard facilities." (Nuclear Issues Briefing Paper 45) Neither country acknowledges the existence of Nuclear of their nuclear weapons programs. However, some experts believe that India may have enough fissile material for as many as 70 nuclear weapons and Pakistan has enough for 15. (Mian.

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The other issues leading up the 171 Civil war were quite complex, since East and West Pakistan were divided not only geographically but divided by many other crisises. The smaller part of Pakistan was East Pakistan and it was home to more than half the country's population and this was the area that Pakistan was most concerned with. Pakistan was trying to keep this part under control. These discrepancies weren't something that could be ignored. But, East Pakistan's Bengali people grew to feel that that was exactly what was happening. (angelfire.com) "They believed a West Pakistani elite held the country's political power. Eventually, a nationalist movement grew, demanding more autonomy for East Pakistan within the country. Then in early 171, Sheikh Mujibur Rahman and his Awami League Party won 167 out the 1 seats in the Pakistani government. The victory didn't sit well with West Pakistan, which had Mujibur Rahman arrested and his party banned. Rioting broke out in East Pakistan. West Pakistan sent in the military to quash the uprising. Nobody knows how many civilians died but estimates ranges from 00,000 to more than a million." (angelfire.com) These issues are what escalated into another war between India and Pakistan. There was no stability within Pakistan, politically, economically, or socially. Consequently Pakistan attempts to stabilize their country in other ways..East and West Pakistan were separated geographically by 1600 km of foreign territory, India. The East consisted mostly of Bengali-speaking population and West Pakistan was made up of mainly Punjabis, as well as, Sindhis, Pathans, Balochis, and Muslim refugees from India. (Freeindia) This division within a country has caused many internal problems for Pakistan. Pakistan has had far more difficult time in maintaining their national unity than India. "It lost part of this struggle in 171 when the nations eastern wing, East Pakistan, separated in a short but brutal civil war to become the independent state of Bangladesh. Sindhi, Baloch, and Pathan grievances against the dominant Punjabi majority remain serious." (Harrison et al) There were many reasons why Pakistan was unable maintain unity, some of the reasons were "Bangladesh was only one-fifth the size of Pakistan, it has a larger population. The two nations are very different. Pakistan is a mountainous nation with many ethnic groups, while most people in Bangladesh share the same culture. 8% of the people of Bangladesh speak Bengali, yet less than ten percent of Pakistanis speak Urdu, their official language."(Wilson. These uncertainties have only intensified and have not allowed Pakistan to be a united and strong country..

Both countries were striving to create a stronger country. They were both aware of the fact that another war could emerge at any time and that they needed to secure any allies for support as well as military endorsements. "August 171, Mrs. Gandhi signed a twenty-year Treat of Peace, Friendship and Cooperation with the Soviet Union, stipulating that if either party were "subjected to an attack or a threat thereof," the two would "immediately enter mutual consultations in order to remove such treaty and to take appropriate effective measures to ensure peace and security of their countries." (Wolpert, 8) At this time Pakistan was standing alone, although China and US were willing to support Pakistan, there was no support given to them during this war. "Pakistan was at the mercy of India." (Blood."On November , Pakistan's ambassador to the United States called a press conference to report that troops of three Indian divisions, supported by armor and air cover, had "made an all out attack on Jessore, Rangpore, Chittagong Hill Tracts, and Sylnet." Asked.if war was "imminent" between India and Pakistan, Ambassador Raza replied "The war is on. It is not imminent, but is on." (Wolpert, 8) This was the beginning of the civil war. It was not long after this that the war broke out and was another war that would set Pakistan behind even further.

The foundation of the major tribulations between India and Pakistan is Kashmir but there are other problems that extend much deeper than just this issue. Due to the fact that India and Pakistan still have not reached any sort of resolution to this point, has only complicated the matters further. Tensions were brewing and both countries seemed to be getting impatient with the other. "Confident that another war would be as much of a stalement as the 165 conflict, the Pakistanis got increasingly bold and finally on December 171 reacted with a massive coordinated air strike on several Indian Air Force stations in the West. At midnight, the Indian Prime Minister Mrs. Indira Gandhi in a broadcast to the nation declared that India was at war with Pakistan." (freeindia)

International security was affected by these tensions for both India and Pakistan. The constant firings across what was called the'line of control' in Kashmir was mounting and both countries were apprehensive about what was to happen next. Pakistan then accepted an agreement made by the United States to support them. "United States military planners saw as a base for air operations against the central USSR and as a staging to ensure access to Middle East oil areas. Pakistan welcomed this relationship with United States. It soon joined two US led military alliances The Central Treaty Organization and the South East Asia Treaty Organization and began receiving hundreds of millions of dollars in military aid." (Harrison et al, 167) Pakistan believed they would be supported by the United States if they took any action against India.

Pakistan perhaps did not realize what the consequences would be by declaring war against India. India appeared as though they were prepared for what happened on that terrible night. "With total air superiority and popular support, India advanced quickly in the East, while fighting a "holding action in the West. The green, red, and gold banner of Bangladesh was unruffled in every town and village as the Indian army closed its ring of steel around Decca. On December Jessore was liberated amid cries of "Jai Bangla!" Six days later, India's chief-of-staff, General Sam Manekshaw, personally accepted Pakistani General Niazi's offer to surrender…The instrument of Surrender of All Pakistan Armed forces in Bangladesh was signed on December 15, 171. India declared ceasefire." (Wolpert, 0) The after math of this undeclared war was not something to celebrate, for either country. Pakistan's army as well as their economy suffered a great loss.'Their economy was on the brink of collapse.' Their hope to regain unity within their country or to recapture Kashmir was also shattered. For now, Pakistan and India had to face the results of this war.

"The spoils that went with victory, however, did not last long. Domestically, Indira Gandhi faced mounting problems of sluggish economic growth and social disorder. In an attempt to bolster her sagging fortunes she authorized an Indian nuclear test in Rajasthan desert in 174." This shows how India has begun another major turning point in the bloody history between India and Pakistan. Their history is one that repeats itself, they will continue to fight for what they believe in and acquire what they both want and that ultimately is Kashmir.

To conclude this abrupt civil war, in July of 17 India and Pakistan signed a bilateral Simla agreement so that both countries could restore their position to the way that it was before the war. Although this is impossible, the agreement states that "the two countries are resolved to settle their differences by peaceful means through bilateral negotiations or by any other peaceful means mutually agreed upon between them." Although this did not settle any of the matters concerning Kashmir, it seemed to have put that issue to side, but not for long..The danger of renewed war between Pakistan and India, both possessing nuclear weapons, is animate today as it was over half a century ago. The Indian government has said it has a policy to not use them but the Pakistani government has no such policy, and is thought to be ready to use them if faced with'conventional defeat'. (Wood et..

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Wolves

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In the early 100s the grey wolves were deliberately driven from existence in Yellowstone National Park. Partly due to the federal government which felt the same way as ranchers did at that time, which was that the wolves would kill a lot of livestock so therefor it was alright for ranchers and hunters to kill the grey wolf. This was to be beneficial to the up and coming way of life in the west. The wolves have been known to be a nuisance to ranchers as far back as the 1600s when settlers first arrived in Virginia (Britannica 00). Ever since then the grey wolf has been pushed out of its territory; in search of new land and food.

In 167 the grey wolf was added to the endangered species list (Encarta 00). The problem with this is that at that time even though it was on this list it didn't keep it from being hunted. The list did not protect animals at that time it just stated that the animal was in jeopardy. It wasn't until 17 that endangered species were protected by law (Encarta 00).

With the westward movement brought difficult times for the grey wolf. The movement west caused all the bison, elk, mountain sheep, pronghorn, and deer into new territory and the wolves to look for a new source of food(Encarta 00). The ranchers livestock. With the wolves eating the livestock the ranchers began setting traps and killing the wolves. They believed this was the only way to deal with this animal. In essence leaving most of the population of grey wolves in Minnesota.

In 15 things began to change for the grey wolves, under the environmental program endorsed by President Clinton the grey wolf population has done nothing but increase (Crowley-offroad.com). In 15 we had the release of fifteen wolves in central Idaho (state.id.us). And in 16 we had another release of twenty wolves. In 18 of the first thirty five released twenty four were still alive and well with an estimated population of a hundred fifteen and ten breeding. Help with essay on wolves

pairs (state.id.us). This number will do nothing but continue to grow.

With the reintroduction of the wolves into the ecosystem I believe there are a number of things that could happen. First brining back the wolf restores nature and the way it's suppose to function. Although with the return of the wolf it will cause the food chain to change once again in that region, but it will be back to the it was intended to be. I can also see that with the reintroduction of the wolf the number of elk, bison, antelope, and deer in that area will decrease making a lot of hunters upset. Although the wolves predominantly attack the sick or weak ones leaving only larger game for hunters.

Another big problem with reintroducing the grey wolf is that wolves tend to search for the easiest and most convenient food source (Encarta 00). This means that if a wolf can not find an elk or bison it may stumble across a ranch where there might be cattle or sheep and eat them; making ranchers mad once again. With the wolves being on the endangered species list this means that ranchers can not kill a wolf if it is attacking their livestock. I believe that if the government wants to keep releasing wolves it either needs to allow ranchers to protect their livestock or pay back the rancher for his/her losses upon proof of a death by a wolf.

I do think that putting the wolf back in nature is a good thing but I think the government needs to think about all the things that might happen and are happening by doing this. After all they are the ones that okayed the killing of the grey wolf; which allowed the ranchers to have more room to graze their livestock without worrying about attacks by wolves. I do think though after a while we need to stop reintroducing wolves and let the process occur naturally. I myself know that I will be even more scared of camping in the mountains in the Idaho, Montana, Wyoming areas just because I won't know whether or not the area I'm in is a wolf populated area.

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Whether the doctrine of precedent allows judges flexibility in developing the law

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The principle reasons for the existence for the doctrine of precedent is to create continuity, fairness and certainty in decision. However, one would be forgiven for believing that because of this principle of stare decisis, the law is rigid and unchanging. There exist intrinsic fail-safes to ensure a natural evolution of law in reaction to the development of society..Firstly, precedents set by courts may actually be contradicted or overruled by a superior court. For example a decision made by the High Court may be overruled by the House of Lords or by the Court of Appeal. This is illustrated by the case C (a minor) v DPP A 1-year-old boy appealed against his conviction for interfering with motorcycles, arguing that the prosecution had not proved mischievous discretion. Abolishing the presumption of doli incapax for children between 10 and 14, Mann LJ said it was clear on authority that the Divisional Court had power to depart from its own previous decisions. The House of Lords reversed the Divisional Court on the point of substantive law, but did not expressly consider whether or not the Divisional Court was bound by its own decisions in appellate cases..The following of precedent may also be avoided through the distinguishing of cases. A judge may distinguish it by finding some significant difference in the facts of the earlier case and adopting a narrow version of the ratio. He can then say that the ratio of the earlier case does not apply to the case now before him. A good example of this is are the cases Rylands v Fletcher and Rickards v Lothian..In the case Rylands v Fletcher, water escaped from the defendants reservoir through some old mine shafts that had not been adequately sealed, and flooded the plaintiffs working mines. Blackburn J said the true rule of law was that the person who for his own purposes brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it at his peril, and if he does not do so he is prima facie answerable for all the damage which is the natural consequence of the escape. Upholding this judgement in the House of Lords, Lord Cairns LC said the defendants might lawfully have used their land for any purpose for which it might in the ordinary course of the enjoyment of land be used, and if in the natural use of the land there had been any accumulation of water, which by the operation of the laws of nature had passed off into the land occupied by the plaintiff, the plaintiff could not have complained. On the other hand, if the defendants not stopping at the natural use of their land had desired to use it for any non-natural purpose, and if in consequence of their doing so the water came to escape and pass off into the plaintiffs land, then that which the defendants were doing they were doing at their own peril..

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In Rickards v Lothian, a sink in Ds upper flat had been blocked and water turned on by an intruder, causing damage in Ps flat below. Lord Moulton, giving their Lordships judgement, said a defendant is not liable under the rule in Rylands v Fletcher for damage caused by the wrongful acts of third persons. He also took up Lord Cairns emphasis on non-natural use, and said it is not every use to which land is put that brings into play the rule in Rylands v Fletcher. It must be some special use bringing with it increased danger to others, and must not merely be the ordinary use of the land or such a use as is proper for the general benefit of the community..It seems all very well that the House of Lords (or the Court of Appeal) can overrule inferior rulings, or distinguish cases containing differing key principles, but what when the precedent was set by the House of Lords, and in accordance with social changes a different result is now desired? Until about 5 years ago, nothing could be done; decisions made by the House were binding on itself until Parliament produced a change in statute. Today though, the 166 Practice Statement is existence. The Statement reads ... Their Lordships recognise that too rigid adherence to precedent may lead to injustice in a particular case and also unduly restrict the proper development of the law. They propose, therefore, to modify their present practice and, while treating former decisions of this House as normally binding, to depart from a previous decision when it appears just to do so. In this connection they will keep in mind the danger of disturbing retrospectively the basis on which contracts, settlements of property and fiscal arrangements have been entered into, and also the special need for certainty as to the criminal law..The cases Addie v Dumbreck and Herrington v British Railways illustrate the House of Lords employing the Practice Statement. In the first case The House ruled that an individual owes no duty of care to a trespasser on their land. Nevrtheless, in the more recent case the declared that in some instances we may owe a slight duty of care a duty of common humanity. Although the Statement may now be used, the House still often strives to follow the principle of stare decisis. This is illustrated by case Knuller v DPP. The publisher of a gay contact magazine was charged with inter alia conspiring to corrupt public morals. Affirming his conviction, Lord Reid said he still believed the Houses decision in Shaw v DPP (that such a crime existed) had been wrong, but it did not follow that it should now be reconsidered. The 166 Practice Statement does not mean that whenever the House thinks a previous decisions is wrong it should reverse it, he said; in the general interest of certainty in the law their Lordships should be sure there is some very good reason for so acting..There are some guidelines to which the House of Lords adhere concerning the 166 Practice Statement it should only be used sparingly, the House should try not to upset the legitimate expectations of parties who may have relied on the former decision in making contracts. It should not overrule a previous interpretation of a statute unless there are exceptional reasons for so doing. The House should avoid making piecemeal changes in cases calling for comprehensive reform of a whole area of law. It should not overrule an earlier decision merely because it was thought to be incorrect, but only if it was clearly unjust or outmoded. The House should use the power when necessary to remove uncertainty in the law..Judges are allowed (and required) to develop the Law in novel situations; new situations which have never before been considered by a court. In such cases any decision made by the judge sets a precedent. The case Marks & Spencer v One In A Million illustrates this legal point. DD registered a number of Web addresses including (for example) marksandspencer.com, virgin.org, and spice-girls.net, and then offered to sell these addresses at high prices to the companies concerned. PP claimed the addresses were theirs by right and should be handed over at only a nominal price. Because the Web was still relatively new the Deputy High Court Judge (Sumption QC) had no direct precedents to follow, but ordered DD to transfer the addresses to PP. Since DD could have no legitimate use for other companies registered trade names, they should not have registered those addresses in the first place. [His decision was subsequently affirmed on appeal...

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What generally is diplomacy?

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What generally is Diplomacy.Brian White has defined diplomacy as a communications.process between international actors (example sovereign states) that seeks through negotiation to resolve conflict short of war. This process has been refined, institutionalized and professionalised over many.centuries.

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In foreign policy, diplomacy refers to the use of a policy.instrument, possibly together with other instruments such as.military force, to enable an international actor to achiev.its policy goals.1 Diplomacy is as old as human history. When human societies interact with.one another, disputes do occur. Diplomacy emerge as an instrument to settle.disputes, and to rebuild mutual trust and engage in win-win cooperation. According to Geoffrey Stern, there are 5 basic connotations of diplomacy.First, diplomacy refers to the peaceful and orderly conduct of relations between political communities, ie tribes, city-states, sovereign states. Second, the act of negotiations. Third, the skills required for conducting negotiations, ie intelligence, tact, patience and empathy. Fourth, the peaceful management of IR by state agents and diplomats. Fifth, what diplomats do. All these connotations could be seen by looking at the different dimensions of the Gulf War following Iraq¡¯s invasion of Kuwait in 10. The UN applied various forms of pressures aimed at convincing and later compelling Iraq to withdraw its troops from occupied Kuwait.1 Diplomatic activity can be traced back to ancient times. It took on a modern form from the 15thC onward (Renaissance Italy) with the establishment of the permanent embassy. By the end of the 1thC, almost all states had a network of embassies abroad linked to foreign departments at home.Diplomacy had also become an established profession. World War 1 was a ¡®watershed¡¯ in the history of diplomacy. The perceived failure of diplomacy to prevent this war led to a demand for a ¡®new¡¯ diplomacy that would be less secretive and more subject to democratic control..Liberals like Woodrow Wilson called for ¡®open covenants, openly arrived at¡¯. The League of Nations was also set up at the end of WW1 with the hope that international diplomacy would be able to resolve inter-state disputes.peacefully. However, the outbreak of WW in 1 revealed the limits of the ¡®new¡¯ diplomacy..

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