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Tuesday, August 25, 2020
Arbitration Practice in Construction Contracts
Question: Examine about the Arbitration Practice in Construction Contracts. Answer: Presentation: To start with, the structure licenses to reproduce the structure should be obtained. The redesign of the structure will imply that the structure will meddle with different structures which are around the area. The law requires the license to be accommodated the structure so as to improve the individual security of the individuals. The laws will likewise guarantee that the individuals allowed to complete the remodel works are qualified and that they won't meddle with the security proportions of others. Tainting and dumping laws then again will require to be stick to. The laws on the dumping of the flotsam and jetsam from the remodel will require least removal on various area to upgrade the security of the others. Also, the law states and gives the various areas where the removal of the squanders must be done to lessen the defilement of the earth. Moreover, during the remaking, sufficiently hardware are utilized. Sound laws necessitates that base sound must be given to assurance others from the obstruction. Also, the law addresses the assurance of the individuals on the site by giving the necessary individual insurance against the sound to upgrade their security. The ventilation laws will upgrade the lighting and air course on the structure. As indicated by this law, the redesign of the structure requires to have some key determination concerning the air course and light to suit the store particular. Furthermore, the law will have the option to express the tallness of the structure to upgrade the development of the individuals when the remodel is finished. Individual cleanliness is another law which will require the remaking of the store to follow. This will assist with giving the sterile condition, where the individuals taking a shot at site will be going for the short and long calls (Hughes, Murdoch, champion, 2015, p.31). Also, this law will have the option to express the condition of the food and water which the individuals will be taking. Natural assurance laws are another arrangement of rules which the structure should apply and cling to. These laws will express the connection of the structure with the current natural structure (Hughes, Murdoch, champion, 2015, p.71). For example, in the expansion of the various parts, the tree on the area must be cut on the unavoidable conditions. Different components of the earth should be ensured and the capable faculty should make the application to get the vital grant that they will shield nature from the concerned position. Also, since this is a redesign works, the contravtor ought to have the option to appky to the laws of seepage and particularly when they uave to revonnect theor waste to the current one. As indicated by the laws, the contractual worker ought to have the option to express the manner in which the person in question would meddle with the usefulness of existing seepage framework assuming any. What's more, the laws require for impermanent seepage framework which is practical. The contractual worker ought to have the option to ensure that the structures of the seepage can conform to the laws and in this way ready to upgrade the individual security of the individuals. On location Safety laws will improve the security of the individuals chipping away at site. These laws will have the option to address the diverse individual use of instruments and the need to have the best possible assurance wear for the individuals on location (Stephenson, 2012, p. 35). Moreover, the dependable staff and organizations ought to have the option to express their dedication in guaranteeing legitimate wellbeing for all the individuals on location. The individual wellbeing rules will remember any pertinent getting paperwork done for various areas just as the boundary. Appropriate trainings for the laborers is likewise part of the individual security prerequisites which the building site should stick to. This will guarantee that the laborers can limit the mishaps on location. What's more, course get to laws are others which the remaking of the structure should agree to (Punmia, 2014, wellbeing (Stephenson, 2012, p. 67). This will assist with ensuring that the expansions which will be made don't meddle with the current directing. In addition, the steering in the structure will assist with guaranteeing that the distinctive development materials can move uninhibitedly. The unmistakable separating for the materials on location ought to be accomplished so as to limit the mishaps on the site. In conclusion, since the works includes the remaking and remodel, fire wellbeing rules must be watched. The reproduction should guarantee that the correct putting out fires hardware and measures are followed. The current force flexibly quantifies which are intended to guarantee that they don't cause any mishaps will be required and that r wellbeing is as per the current laws. Single amount contract Agreements are legitimate standing principles between the customer and temporary worker giving the detail and conditions to the development works. One of the significant agreement which can apply on this sort of development is the Lump Sum or fixed value contract type. This agreement is most appropriate for this venture since it has away from and the length for the consummation of the exercises should be possible. In this sort of agreement, the manufacturer or temporary worker can expect all the dangers identified with the development works. The sudden changes on any work nearby will be expected by the contractual worker at some random time. Furthermore, on this agreement, full sum for all works is indicated and any progressions won't be introduced to the customer for extra expense brought about (Hughes, Murdoch, champion, 2015, p. 79). The characterized works which must be carriecontracts this undertaking requires this sort of agreement. The remodel of the store will be completed for a particular period and less impedance with work will be required (Haidar, 2011, p. 54). This will provoke for utilization of this sort of agreement where the temporary worker has full control of the exercises (Punmia, 2014, p. 67). The contractual worker will upgrade the control of dangers and guaranteeing that they don't go over the edge of the expressed sum. In the determination, the agreement needs to incorporate the expenses of the dangers which the person in question may bring about since the agreement will be not able to change once marked. This guarantees the temporary worker will have the option to complete the specified work on the specified time. Cost in addition to contract. Cost in addition to contract is another sort of agreement which can be applied on this redesign development action. As per this agreement, the customer and the contractual worker has some detail which they need to complete. On this agreement, the genuine costs, buys or different costs are haggled through and the installments for the particular exercises are settled upon. In addition, as far as the dangers, the expenses of the dangers will be shared by the particular exercises which the gatherings have settled upon. In this agreement, extraordinary data must be remembered for what various gatherings needs to embrace and when they are relied upon to finish their work. This is on the grounds that their consummation will decide when others should begin their work (Haidar, 2011, p. 54). The arranged cost in the agreement must incorporate the temporary workers overhead expenses and the benefits. The dangers will be as per the thickness and level of exercises which the gatherings are embrac ed. The customers also has a few dangers which the person needs to accept. The customers needs to choose various contractual workers for the various exercises. The dangers will along these lines be shared among the accessible contractual workers and the customer as indicated by the predefined obligation. The more the obligation a contractual worker or customer has the more the dangers they uncovered by the agreements determination. References Hughes, W., Murdoch, J. R., Champion, R. (2015). Development contracts: law and the board. https://search.ebscohost.com/login.aspx?direct=truescope=sitedb=nlebkdb=nlabkAN=981118. Global alliance of bookkeepers. (2001). Development contracts. New York, N.Y., International Federation of Accountants. Stephenson, D. A. (2012). Mediation Practice in Construction Contracts. Hoboken, Spon Press. https://public.eblib.com/decision/publicfullrecord.aspx?p=180989. Punmia DR. B.C. (2014). A course reading of Production Planning and Management. Haidar, A. D. (2011). Worldwide cases in development. London, Springer. https://public.eblib.com/decision/publicfullrecord.aspx?p=799017.
Saturday, August 22, 2020
Macbeth Is the Most Evil Character in British Literature free essay sample
Macbeth states, False face must conceal what the bogus heart doth know (1. 7. 83). This means the bogus face, or a falsehood, must conceal what an unclean heart will do. At that moment, Macbeth has persuaded himself that on the off chance that he can pull off submitting bad form, he can legitimize doing it. This occasion is completely clear proof of Macbeth turning out to be increasingly underhanded. Macbeth additionally appears to not think about the lives of others supposedly on. He slaughters more individuals and requires the passing of more individuals. For instance, in Act 3, Macbeth has Banquo and his children slaughtered nearly in the snap of a finger. Anybody that can relentlessly have a few people murdered by means of manslaughter is clearly malevolent on a basic level. This is the reason Macbeth is the most underhanded character in British writing, and is totally malevolent on a basic level. Something else that Macbeth does that places him making progress toward a malevolent future is to stay away from individuals to an ever increasing extent. We will compose a custom article test on Macbeth Is the Most Evil Character in British Literature or on the other hand any comparable theme explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page From the tragedys prologue to its peak, Macbeth depends less and less on his friends and buddies. The content backings this hypothesis in the start of the play. Macbeth is depicted as subject to his better half, and concerning the writing, Lady Macbeth was perusing a letter from her significant other that said everything that transpired (1. 5. 1). In any case, as the finish of the play is reached, Macbeth no longer addresses his significant other so much. This is appeared in Act 5, Scene 3 when the play portrays Macbeth attempting to comfort himself from dread by reviewing his memory of the witches predictions. In the start of the play, Macbeth would consistently converse with his better half on the off chance that he required good help. Notwithstanding, that is not true anymore. In advanced 2013, a great deal of the hoodlums, for example, James Holmes from the Aurora shootings, Adam Lanza of the Sandy Hook shootings, and even as of late the community of the two Chechnyans, didn't converse with anybody or were detached. Mental specialists have inspected the lives of these individuals in profundities more prominent than the sea, and they have reasoned that separation prompts underhandedness and bad behaviors. Macbeth was totally segregated close to the finish of the story, so that is confirmation that he has gotten progressively detestable in character. A few pundits of Shakespeares Macbeth would not concur with the hypothesis that Macbeth is the most insidious character in British writing. Notwithstanding, there is a lot of proof that demonstrates this isn't the situation. Some could guarantee that Macbeth was crazy and didn't intend to play out the activities that he did. Be that as it may, he isn't crazy, and this is demonstrated in light of the fact that the entirety of his activities are very in contact with the world and can marginally be defended. On the off chance that Macbeth were undoubtedly crazy, the play would show parcels progressively uncontrollable activities on his part and not a great deal of figured going into all that he does, which he did before the entirety of his activities. Others may state that there were different characters in British writing that are more shrewd than Macbeth, yet through the accompanying reasons this is just false. He was particularly enticed by the predictions that the witches told and submits an ever increasing number of malevolence acts, for example, numerous homicides of various significant characters. Likewise, the character is very anxious for power and will persevere relentlessly to get it, which is an amazingly abhorrent characteristic. Through these reasons, obviously Macbeth is in reality the most abhorrent character in British writing, and counter contentions are just not honest. Consequently, Macbeth has changed from a youthful lord into an incredible, insidious ruler. He no longer has anything hindering him of turning out to be increasingly malevolent, and not being as a lot of a respectable man. It is pitiful to state that loads of individuals in this world are this way, however fortunate for us, we have the dramatization of Macbeth to give us what may befall them at long last.
Wednesday, July 29, 2020
Basic Accounting Principles You Should Know
Basic Accounting Principles You Should Know © Shutterstock.com | ScandinavianStockIf you are doing business, then you need to know the basic accounting principles by heart. Accounting is the language of business. Thus, every entrepreneur, executive, manager or student needs to understand at least the basic accounting principles.BASIC ACCOUNTINGOver time your business will enter into transactions with other businesses, individuals and the tax authority. The business transactions need to be counted (aka accounting ?? ) and categorized accordingly, so you can understand what has driven the change in your financial position.FINANCIAL STATEMENTSThe financial statements show you the categorized transactions that happened at a point in time. A good example for learning purposes are the financial statements of Hugo Boss or Facebook. Let me walk you through the three financial statements.1. Income statementLets assume over the current year you had the following business transactions that could be categorized into income and expenses.I ncomeSales; you sold different types of products and services to B2C and B2B customers and can expect them to pay a known priceTax income; your business was not running very well and your earnings before taxes is negative. The tax authority will give you a type of tax income so you pay less income tax in future years (see tax loss carry forward). Dont be afraid, this is one of the more advanced income types.ExpensePurchases; you used and/or were delivered some goods and services from other businessesEmployees; you hired a bunch of people who worked for youDepreciation; the price of a good used for multiple periods (e.g. machinery, building) is distributed over the periodsInterests; you financed your business with bank debt and need to pay interestTax expenses; when your earnings before taxes is positive (yiehaa!!! you earned some money ?? ), then you will need to pay income taxes to tax authoritiesLets have a look at an examplary income statement. This will help you get familiar wit h the different types of income and expenses that are part of the basic accounting. © Entrepreneurial Insights2. Balance sheetThe balance sheet collects everything you own (=assets) and owe (=liabilities) at a specific point in time resulting from past transactions.A common categorization of assets is as follows:Fixed assets; this is the net value remaining for goods that are used over multiple periodsTrade receivables; this is the amount your customers owe you and includes the value added taxVAT asset; this is the value added tax that was part of the goods and services you purchased, the tax authority owes you this moneyInventory; this is the net remaining value of raw materials, work in progress, finished products and trading goodsCash; this is how much cash you have in the bank and on handThe liabilities can be classified in the following way:Trade payables; this is the gross amount outstanding that you owe your suppliersProvisions; this is the amount you owe suppliers from which you did not receive invoices yet. Provisions are uncertain in timing and amount.VAT liability; this amount is associated with the sales you generated. You owe this amount to the tax authorities.Debt; you owe this amount to your banks as they provided you with debtEquity; this amount is owed to your equity investors and basically consists of capital and retained earningsGenerally speaking, the income from the income statement increases the associated asset. This means that more income will increase the amount you own (= others owe to you). Similarly the expenses from the income statement increase the liabilities. This means that expenses will increase the amount you owe to others.Lets have a look at an example of a balance sheet, so you get a better grasp of the basic accounting principles. © Entrepreneurial InsightsIMPORTANT: The balance always needs to balance, hence the name balance sheet ??At some point you would like your assets to be converted into cash (e.g. your customers pay their bills) or you will have to pay your suppliers. This we will discuss in the next step the cash flow statement.3. Cash flow statementThe cash flow statement explains the change in cash from one period to the next period. The cash flow statement consists of the following parts:OPERATING CASH FLOW; The operating cash flow shows the cash in-flow and out-flow related to your operative business. There are two ways to calculate the operating cash flow:Indirect method; The indirect method starts with the net income and adds the non-cash charges from the income statement. Then you will add the change in each balance sheet account from last period until this month except for the balance sheet items cash, fixed assets, debt and equity. At last you add net income, income statement adjustments a nd balance sheet adjustments.Direct method; The direct method categorizes all cash payments related to the assets and liabilities on the balance sheet into cash received from customers, cash paid to suppliers, cash paid to employees, and cash paid to tax authorities.INVESTING CASH FLOW; The investing cash flow shows how much cash you invested into fixed assets. You get the capital expenditures (short: capex) by adding the depreciation to the change in fixed assets found on the balance sheet.FINANCING CASH FLOW; The financing cash flow explains how much cash was received from and paid to investors like debt and equity investors.The sum of all three cashflows is the change in cash from last period until today.Please study the following example for further understaning the cash flow statement, so become better at understanding the basic accounting principles. © Entrepreneurial InsightsRELATIONSHIP BETWEEN FINANCIAL STATEMENTSThe three financial statements are heavily interconnected as you have seen how the assets and liabilities on the balance sheet will increase based on the incomes and expenses from the income statement and decrease based on the cash flows from the cash flow statement.Let me show you the relationship between the financial statements by looking at the two most important business processes.1. THE SALES CYCLEThe sales cycle covers the process from sales to receiving cash from customers.First, you sell your product or service to a customer. In addition you give him an invoice with the amount to be paid and the due date of payment. This will trigger an income (e.g. revenue) and an expense (e.g. cost of goods sold) on the income statement.Then, your customer owes you the money and you show that on the balance sheet as a trade receivable. Furthermore, you will decrease your inventory in the amount of cost of goods sold.Lastl y, your customer pays which means your trade receivable (asset) will be non existent, because you received cash from the customer (cash flow statement).2. THE PURCHASE CYCLEThe purchase cycle covers the process from buying a product or service until its depletion from the balance sheet.First, you buy a product or service in a specific month which is then expensed in this month (income statement).Then, a trade liability is created on the balance sheet which needs to be paid to the supplier. If the product is used for multiple periods, then it is put on the asset side of the balance sheet as a fixed asset. This fixed asset will then be decreased every month based on the expected lifetime of the fixed asset and the economic usage of it. This decrease is also called depreciation and is shown in the income statement as an expense.Once, the trade liability is paid, we see a cash outflow to suppliers in the cash flow statement.
Friday, May 22, 2020
Near v. Minnesota Supreme Court Case
Near v. Minnesota was a groundbreaking case which ensured that prohibitions against prior restraint applied to states as well as the federal government. The Supreme Court used the Fourteenth Amendment to incorporate First Amendment Freedom of Press to the states. Fast Facts: Near v. Minnesota Case Argued: January 30, 1930Decision Issued: June 1, 1931Petitioner: Jay Near, publisher of The Saturday PressRespondent: James E. Markham, Assistant Attorney General for the State of MinnesotaKey Questions: Did Minnesotaââ¬â¢s injunction against newspapers and other publications violate the freedom of the press under the First Amendment?Majority: Justices Hughes, Holmes, Brandeis, Stone, RobertsDissenting: Van Deventer, McReynolds, Sutherland, ButlerRuling: The gag law was unconstitutional on its face. The government should not censor publications by using prior restraint even in instances where publishing certain material might land the publication in court. Facts of the Case In 1925, Minnesota legislators passed a law that became known publicly as the Minnesota Gag Law. As the name suggests, it allowed a judge to issue a gag order, preventing any publication from printing content that could be considered a ââ¬Å"public nuisance.â⬠This included content the judge believed to be obscene, lewd, lascivious, malicious, scandalous, or defamatory. The gag law was a form of prior restraint, which occurs when a government entity pro-actively prevents someone from publishing or distributing information. Under Minnesotas law, the publisher bore the burden of proving that the material was true and published with good motives and for justifiable ends. If the publication refused to comply with the temporary or permanent injunction, the publisher could face fines of up to $1,000 or imprisonment in a county jail for up to 12 months. The law was put to the test six years after it was enacted. On September 24, 1927, The Saturday Press, a Minneapolis newspaper, began printing articles that suggested local officials were working with gangsters known for bootlegging, gambling, and racketeering. On November 22, 1927, the paper was served with a temporary injunction. The publisher, Jay Near, objected to the injunction on constitutional grounds, but both the Minnesota District Court and the Minnesota Supreme Court overruled his objection. Newspapers and the American Civil Liberties Union rallied to Nearââ¬â¢s cause during the trial, worried the success of Minnesotaââ¬â¢s Gag Law would encourage other states to pass similar laws allowing prior restraint. Ultimately, a jury found that The Saturday Press had engaged in ââ¬Å"the business of regularly and customarily producing, publishing and circulating a malicious, scandalous and defamatory newspaper.â⬠Near appealed the judgment to the Minnesota Supreme Court.à The court found in favor of the state. In his decision, Minnesota Supreme Court Chief Justice Samuel B. Wilson, noted that the state should have deference when enacting laws in the interest of protecting the public. Justice Wilson added that the permanent injunction did not prevent the paper from ââ¬Å"operating a newspaper in harmony with the public welfare.â⬠Near appealed the decision to the Supreme Court. The Supreme Court evaluated the case in terms of whether or not Minnesotas Gag Law was constitutional. The court did not rule on the validity of the juryââ¬â¢s findings. Constitutional Issues Does Minnesotaââ¬â¢s law, which allows prior restraint of ââ¬Å"obscene, lewd, lascivious, malicious, scandalous, or defamatoryâ⬠content, violate the First and Fourteenth Amendments of the U.S. Constitution? Arguments Weymouth Kirkland argued the case for Near and The Saturday Press. He argued that First Amendment freedom of the press should apply to states. Chapter 285 of the Laws of 1925, Minnesotas Gag Law, was unconstitutional because restricted freedom of the press. The temporary and permanent injunction gave significant power to Minnesota judges, Kirkland argued. They could block publication of anything that they considered not ââ¬Å"in harmonyâ⬠with public welfare. In essence, Minnesotaââ¬â¢s Gag Law silenced The Saturday Press, he told the court. The State of Minnesota argued that liberty and freedom of the press were not absolute. ââ¬Å"Libertyâ⬠protected under the Fourteenth Amendment did not allow publications to print anything unconditionally. Minnesota had enacted a law aimed at protecting the public from salacious and untruthful content. It did nothing to abridge the freedom of the press to publish truthful journalistic accounts. Majority Opinion Justice Charles E. Hughes delivered the 5-4 opinion. The majority declared Minnesotaââ¬â¢s Gag Law unconstitutional. The Court used the Fourteenth Amendmentââ¬â¢s Due Process Clause to apply First Amendment Freedom of Press to the states. The intent of this freedom, Justice Hughes wrote, was to prevent censorship in the form of prior restraint. ââ¬Å"Liberty of speech, and of the press, is...not an absolute right, and the State may punish its abuse,â⬠Justice Hughes wrote. However, that punishment cannot come prior to publication of the content, Justice Hughes explained. Under Minnesotaââ¬â¢s libel laws, the state affords anyone criminally wronged by the publication of material a way to address their frustration in court.à Justice Hughes left the door open for some form of prior restraint in the future. The majority agreed that the government could justify prior restraint in some narrow circumstances. For example, the government might be able to make a case for prior restraint during wartime if a publication threatens to reveal military secrets. However, Justice Hughes wrote: ââ¬Å"The fact that, for approximately one hundred and fifty years, there has been almost an entire absence of attempts to impose previous restraints upon publications relating to the malfeasance of public officers is significant of the deep-seated conviction that such restraints would violate constitutional right.â⬠Dissenting Opinion Justice Pierce Butler dissented, joined by Justices Willis Van Devanter, Clark McReynolds, and George Sutherland. Justice Butler argued that the Court had overstepped in imposing First Amendment protections on the states through the Fourteenth Amendment. Justice Butler also opined that striking down Minnesotaââ¬â¢s Gag Law would allow malicious and scandalous papers like The Saturday Press to prosper. The Saturday Press regularly published defamatory articles ââ¬Å"concerning the principal public officers, leading newspapers of the city, many private persons, and the Jewish race.â⬠The publication of this content, Justice Butler argued, was an abuse of free press and Minnesotaââ¬â¢s Gag Law offered a logical and limited remedy. Impact Near v. Minnesota was the first ruling in which the Supreme Court addressed the legality of prior restraint under the First Amendment. The ruling laid the basis for future cases that dealt with censorship of media, and Near v. Minnesota continues to be cited as a bedrock case defending freedom of the press. In New York Times Co. v. United States, the Supreme Courtââ¬â¢s per curiam opinion relied on Near v. Minnesota to create a ââ¬Å"heavy presumptionâ⬠against prior restraint. Sources Murphy, Paul L. ââ¬Å"Near v. Minnesota in the Context of Historical Developments.â⬠à Minnesota Law Review, vol. 66, 1981, pp. 95ââ¬â160., https://scholarship.law.umn.edu/mlr/2059.Near v. Minnesota, 283 U.S. 697 (1931).ââ¬Å"Near at 85: A Look Back at the Landmark Decision.â⬠à The Reporters Committee for Freedom of the Press, https://www.rcfp.org/journals/news-media-and-law-winter-2016/near-85-look-back-landmark/.
Saturday, May 9, 2020
What Absolutely Everybody Is Saying About Essay Writing Service
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Wednesday, May 6, 2020
The Spanish Inquisition Free Essays
The Spanish Inquisition was a controversial time primarily during the 15th century. However, it kept reoccurring during other parts of history rather than only in the 15th century. There were many different methods used in which non-Christians would be tortured. We will write a custom essay sample on The Spanish Inquisition or any similar topic only for you Order Now Sometimes, the wrong people would be tortured if they believed that the person they were torturing really wasnââ¬â¢t Christian. The torturing of people because of their religion is what makes the Spanish Inquisition such a disturbing and dark part of history. The reason for the Spanish Inquisition was because the Christians conquered Spain again, which led to the Christians forcing non-Christian people, such as Jews, to convert to Christianity. Any non-Christian who refused to convert to Christianity would be prosecuted and tortured using different methods such as starvation, strappado, racking and many other forms of torture. In 1478, Ferdinand of Aragon and Isabelle of Castile established the Spanish Inquisition. The reason the inquisition was established was because Ferdinand of Aragon and Isabelle of Castile wanted to unite Spain. The Spanish Inquisition could help economically because money could be made by stealing property from accused heretics. Another reason for the Spanish Inquisition is because Ferdinand and Isabelle believed that Spain could be united under Christianity. Also, Ferdinand and Isabelle discriminated against Jews simply because they were anti-Semites. The first Inquisitors arrived in Seville in 1480 to abolish heresy. Heresy is a belief or opinion that is contrary to an orthodox religious doctrine (especially Christianity). Many Spanish Jews were forced to convert to Christianity and some of them converted by choice. There were different sentences for those found guilty of heresy. If you were found guilty of heresy, then your property would be confiscated and you would be burned to death. There would be public humiliation for those found guilty at the auto da fe, which is the ceremony where the heretic would be burned to death. The time of the greatest influence during the Spanish Inquisition was under the reigns of Philip II and Philip III. This time period occurred in 1569-1621. The Inquisition had suffered previous to this time period because of a lack of direction under Charles V, who ruled from 1517-1556. But, during the reign of Philip II, there eventually became 16 tribunals in Spain, two tribunals in Italy and three in the New World. The Inquisition greatly expanded its prosecution of many different religious crimes. Ordinary Spaniards were drawn into the tribunals as well as Protestants, conversos, Moriscos and foreigners. There was detailed questioning even to people who most likely didnââ¬â¢t commit heresy. These people would be fined one or two ducats, which was considered a very heavy fine. The tribunals relied on unpaid officials. First, there were the two networks of familiars and camisarios. The familiars were laymen charged with carrying messages, arresting suspects and delivering them to the Inquisition. The comisarios were priests who assisted in the gathering of evidence at the local level. Calificadores would advise the inquisitors about the accusations to whether someone was a heretic or not. There was a cruel way in which the Inquisition functioned. Possible heretics werenââ¬â¢t treated like in todayââ¬â¢s standards mostly because the phrase ââ¬Å"innocent until proven guiltyâ⬠wasnââ¬â¢t followed. First, there was the accusation. When the Inquisition arrived in a city, the first step was known as the Edict of Grace. It was called this because a period of grace was offered to the people accused of a crime to bring the accused person to the church without severe punishment. Next, there was the detention. The case would be examined by the calificadores would determine if there was heresy involved. Many cases lasted up to two years before the calificadores examined the case. The property of the prisoner would be taken during detention. This property would be used to pay for expenses and the own costs and maintenance of the person being accused. The entire process was done with much secrecy. The trial process is after the detention process. The trial consisted of a series of hearings. The denouncers and defendants both gave their testimonies. Torture was used until the defendant would confess. The torture used was very unsystematic. It was applied mainly to those suspected of Judaism and Protestantism. Torture would even be applied regardless of a personââ¬â¢s age. Basically even children and elderly people would be tortured. Torture played a major role in the Spanish Inquisition. There were many different methods of torture. One method of torture was strappado. Strappado was when the victims would be suspended from the ceiling by their wrists. The victim would fall from a height and be stopped by an abrupt jerk right before they reach the ground. Another method of torture was starvation in which the person accused of heresy would be starved. Racking was also used. A rack was an instrument of torture consisting of a frame on which the victim was stretched by turning rollers to which the wrists and ankles were tied. Toca was a method of making the victim believe they were drowning by putting a cloth in their mouth and pouring a jar of water in their mouth. How to cite The Spanish Inquisition, Papers
Wednesday, April 29, 2020
Interrogations Of Chinese Immigrants At Angel Island Essays
Interrogations of Chinese Immigrants at Angel Island Chinese immigration, after being shut down for many years by governmental legislation and an anti- Chinese climate resumed quickly after 1906. The major earthquake and fire that occurred in San Francisco lent the Chinese immigrants a window of opportunity to regain entrance to America. Immigrants could now claim, without proof, that they were indeed the son or daughter of a citizen or a partner in a legitimate business. These paper sons and paper merchants increased the number of Chinese immigrants by an unbelievable rate. It was this supposed population explosion that would lead the United States to investigate all incoming Chinese immigrants. Being wary of the impossibility of so many legitimate children of U.S. citizens of Chinese descent, the department of immigration and naturalization sought out to verify that these people were indeed the true sons and daughters or the actual businessmen that they claimed to be. Therefore it was against this historical background and unde! r these particular auspices that the interrogations at Angel Island were carried out from 1910 to 1940. These interrogations were by no means fair, nor were they based on any other legal or practical precedent. While unreasonable detentions were already the norm, the act of interrogating immigrants to the extent that the Chinese were interrogated was unheard of in history. These interrogations were intricate and detailed, and designed to ensnare unwitting Chinese immigrants seeking entrance into the United States. The interrogations not only presented a hurdle for incoming immigrants by prolonging their detention at Angel Island and increasing the bureaucracy required to process Chinese immigrants, but would deeply scar the Chinese landing in the United States. Moreover, the traumatic experiences at Angel Island coupled with other practices following the detentions such as raids of Chinatown during the Red Scare of the 1950's led to a persistent fear of deportation by landed C! hinese. The interrogations were more than just simple interview questions about one's village or parents, rather they were, taken as a whole, another method to exclude the Chinese from America. The entire interrogation was loosely structured but by no means were they were regular or fair. After being held at Angel Island on a writ of habeas corpus, Chinese immigrants were interrogated by a Board of Special Inquiry which was composed of two inspectors, one of which was the Chairman of the Board, a stenographer, and finally an interpreter. This board was not held to technical rules of procedure or evidence as used in other federal courts but rather was allowed to use any means it deemed fit under the exclusion acts and immigration laws to ascertain the applicant's legitimacy to enter the United States (Lai 20). Nevertheless the lines of questioning were generally the same for all immigrants. The questions usually started with personal information then proceeded onto family information, village information, and then finally information on the home. Within these groupings there were multiple side questions concerning details of the family or village. Immigrants were aske! d extremely detailed and far ranging questions within these side questions. They were asked questions similar to the questions Jow Yick faced in 1909 in case #1424, "Is she (your mother) a small footed woman?" or "Is any body of water near or within sight of your house?" Other questions concerning the village became increasingly detailed. In the case of Ung Shee, case #16778/2-12, the husband had to testify on the entire village and all the particulars of the inhabitants of each home. In one instance the inspector asked the husband of Ung Shee whether or not the woman in the third house and fourth row of the village had bound feet. In Ung Shee's case, detailed questioning about every family in every house was continued up until the seventh row of the village. Her husband also endured questions such as, "Do you cross a stream going to the market?" and "How large is the bridge over that stream?" as well as other questions such as, "Did your brother have a picture of yourself in ! his house?" (Box 1211 National Archives). This however, was not far from the norm for most immigrants. To give a general idea of the structure of the interrogation,
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