Black History essays

Black History essays In American history periodic acts of violent resistance by black slaves during more than two centuries of chattel slavery signifying continual deep-rooted discontent with the condition of bondage and resulting in ever more stringent mechanisms for social control and repression in slaveholding areas. This historic decision was to stimulate a mass movement on the blacks and white sympathizers to try to end the segregationist practices and racial inequalities that were firmly entrenched across the nation and particularly in the south. American abolitionists realized the failure of gradualism and persuasion, and they subsequently turned to a more militant policy demanding immediate abolition by law. The best known abolitionist was the aggressive agitator William Lloyd Garrison founder of the American Anti-Slavery Society. The Abolition Movement in western Europe and the Americans, was the movement chiefly responsible for creating the emotional climate necessary for ending the transatlantic slave trade and chattel slavery (Berlin, 90). The Middle Passage supplied the New World with its major work force and brought enormous profits to international slave traders. At the same time, it exacted a terrible price in physical and emotional anguish on the part of the up rooted Africans, it was distinguished by the callousness to human sufferings it developed among the traders Portugal, and France(Marble, 125). The Middles Passage male slaves were kept constantly shacked to each other or to the deck to prevent mutiny of which 55 recorded between 1699 and 1845.Deaths during the Middle Passage caused by epidemics, suicide, fixed melancholy, and mutiny, have been estimated at 13 percent. So many bodies of deed or dying Africans were jesttisoned into the ocean that sharks regularly followed the slave ships on their westward journey(Marble, 128-130). The Underground Railroad in the United States, was a system exis...

Vocab Practice 1

Vocab Practice 1 Trying to prepare yourself for your next reading test? Whether youre prepping for the Verbal section of the GRE, the Critical Reading section of the SAT, the Reading section of the ACT or just your typical reading test in school, chances are good youll have to understand a vocabulary word or two in context. Sure, youll also find standard questions about finding the main idea, distinguishing the authors purpose and making inferences, but those can be tricky whereas vocabulary words in context are typically the easier ones to manage if you complete some vocab practice. So, lets get on with it, shall we! Read the passage below and answer the corresponding questions. Teachers, feel free to print and use the PDFs below for easy sub plans or vocab practice as you see fit. Vocab Practice 1 WorksheetVocab Practice 1 Answer Key Vocab Practice 1 Adapted from, The Boarded Window by Ambrose Bierce. In 1830, only a few miles away from what is now the great city of Cincinnati, lay an immense and almost unbroken forest. The whole region was sparsely settled by people of the frontierrestless souls who no sooner had hewn barely habitable homes out of the wilderness and attained to that degree of prosperity which today we would call indigence, than, impelled by some mysterious impulse of their nature, they abandoned all and pushed farther westward, to encounter new perils and privations in the effort to regain the meager comforts which they had voluntarily renounced. Many of them had already forsaken that region for the remoter settlements, but among those remaining was one who had been of those first arriving. He lived alone in a house of logs surrounded on all sides by the great forest, of whose gloom and silence he seemed a part, for no one had ever known him to smile nor speak a needless word. His simple wants were supplied by the sale or barter of skins of wild animals in the ri ver town, for not a thing did he grow upon the land which, if needful, he might have claimed by right of undisturbed possession. There were evidences of improvementa few acres of ground immediately about the house had once been cleared of its trees, the decayed stumps of which were half concealed by the new growth that had been suffered to repair the ravage wrought by the ax. Apparently the mans zeal for agriculture had burned with a failing flame, expiring in penitential ashes. The little log house, with its chimney of sticks, its roof of warping clapboards supported and weighted with traversing poles and its chinking of clay, had a single door and, directly opposite, a window. The latter, however, was boarded upnobody could remember a time when it was not. And none knew why it was so closed; certainly not because of the occupants dislike of light and air, for on those rare occasions when a hunter had passed that lonely spot the recluse had commonly been seen sunning himself on his doorstep if heaven had provided sunshine for his need. I fancy there are few persons living today who ever knew the secret of that window, but I am one, as you shall see. The mans name was said to be Murlock. He was apparently seventy years old, actually about fifty. Something besides years had had a hand in his aging. His hair and long, full beard were white, his gray, lusterless eyes sunken, his face singularly seamed with wrinkles which appeared to belong to two intersecting systems. In figure he was tall and spare, with a stoop of the shouldersa burden bearer. I never saw him; these particulars I learned from my grandfather, from whom also I got the mans story when I was a lad. He had known him when living near by in that early day. One day Murlock was found in his cabin, dead. It was not a time and place for coroners and newspapers, and I suppose it was agreed that he had died from natural causes or I should have been told, and should remember. I know only that with what was probably a sense of the fitness of things the body was buried near the cabin, alongside the grave of his wife, who had preceded him by so many years that local tradition had retained hardly a hint of her existence. Question 1 As it is used in paragraph one, the word indigence most nearly means†¦A. sustenanceB. wealthC. influenceD. poverty Answer and Explanation Question 2 As it is used near the end of paragraph one, the word suffered most nearly means†¦A. enduredB. allowedC. instructedD. agonized Answer and Explanation Question 3 As it is used in paragraph two, the word traversing most nearly means†¦A. travelingB. crossingC. shiftingD. holding Answer and Explanation Question 4 As it is used in paragraph three, the word lusterless most nearly means†¦A. dullB. brokenC. barrenD. alarming Answer and Explanation Question 5 As it is used in paragraph five, the word retained most nearly means†¦A. romanticizedB. commendedC. preservedD. illustrated Answer and Explanation

Networking Essay Example | Topics and Well Written Essays - 500 words

Networking - Essay Example Each centre must have knowledgeable personnel to network file transfers and real time-links. At the same time, they must be competent enough to troubleshoot in case of network failure during training proper. The staffs must be headed by the network administrator to ensure "smooth flow" of information in the system. (Midkiff, 2004) As for gears, an 802.11g router (devices needed to connect various computer networks) is recommended than the 802.11b type since it supports faster peer-to-peer computer networking. (Wikipedia b, 2006) Since the company will be handling real-time video streams, it is necessary to invest in fast routers. Switches are also recommended than hubs in the setup that Wannabee Training Group wants to employ. No bandwidth sharing among various communication lines will happen if switches are to be used in the feedback feature between trainers and trainees. The switcher allows direct communication between two people privately, and will not use the traffic of the whole network. (Mitchell, 2006) The merged company must also adopt a uniform set of protocol and application to allow file sharing and video streaming (Wikipedia a, 2006). The application allows file sharing among users in the network, while the protocols provide the language by which the computers in the network will communicate. (Midkiff, 2004) On the two types of network designs, the peer

Being Me Essay Example | Topics and Well Written Essays - 500 words

Being Me - Essay Example However, I chose not to have my marriage as a hurdle in the way of my education. Therefore, I discussed my desire of continuing studies with my husband. He was very reluctant to grant me permission to study. He was of the view that I might compromise upon my home in order to do good at studies. It took me as much as two whole years to convince him. I love him for finally understanding me. â€Å"You need not just a spouse, but a spouse who believes what you believe† (Onyemalech, n.d.). I assured him that home to me was just as important and sacred as it was to him, and convinced him that I would never compromise upon my home in any case. Becoming a Radiology Technologist had always been my dream. I worked in different areas in radiology including diagnostic, mammogram, MRI, and Cat Scan. By the grace of God, today I am the first female Director of Radiology at the medical center where I work. Today, when my high school class mates meet me, they become astonished to see me as a successful Radiology Technologist. The last thing they knew about me was that I had got married, and had said â€Å"good-bye† to studies. They expected me to have spent all of my life growing children. What makes all this even more interesting is that I managed to fulfill my duties as a wife and a mother along with taking my academic career and professional life to higher levels.

Reticular Activating System Essay Example for Free

Reticular Activating System Essay He believed that Dreams are the guardians of sleep. He also believed that they provided an insight into the motives of a persons behaviour. He described it as the royal road to the unconscious. He believed that no matter how absurd a dream was it always possessed meaning and logic. He warned that dreams had to be analysed in the context of a person s waking life. According to Freud the mind had 3 components. Id: This is concerned with basic instinctive urges such as the need for food, comfort and sexual gratification. It works at an unconscious level. It is not driven by logic and is the pre-socialized part of the personality. He felt that we are driven by unconscious urges, and that through dreams the unconscious desires are expressed, Thus relieving psychic tensions. The Id works on the Pleasure principle Superego: Its components are the conscience. This threatens the Ego with punishment, in the form of guilt, for bad behaviour. The other component is the ego-ideal which promises rewards, in the form of pride and high self esteem, for good behaviour. This is developed throughout childhood. This part represents the moral part of the personality and wishes to do the decent/right thing. This is a part of the id that has been modified by influences of the external world. This is the decision maker, working on a rational and logical basis. The demands of immediate gratification by the Id will be postponed by the Ego until the appropriate time and place. It is not imposing constraints on moral grounds; its priority is the CONSEQUENSES of behaviour This works on the reality principle. Freud believed that behaviour is an interaction of these 3 systems. With the Id being repressed by the Ego and Superego, causing anxiety during waking hours. During dreams the Superego is partially asleep And the Id can get through. The Superego Disguises the Id thoughts, (to stop nightmares. ) Dreaming, he saw as protecting sleep, by Providing an outlet for disturbing and repressed Thoughts, in a modified form, without them coming Into consciousness. The contents of dreams were referred to as: Latent This is the real meaning of a dream. These would be conflicts or dis. Thought. Manifest This is what you actually dream. He Argues that this is a censored and symbolic. Although Jung had been a close colleague of Freud, helping him form the psychoanalytic movement, in 1913 he broke ranks. He did not agree that all dreams are wish-fulfilments. He believed that they were a way of acquiring self-knowledge and to restore our psychological balance. He stated that they were just as likely to point to the future, (by suggesting solutions), as to the past. He did agree that dreams can reveal parts of the self that are usually concealed during waking hours. He believed that the Id expresses desires through daydreams. He preferred to take a dreams at face value and also to study dream series rather as opposed to an individual dream. WEBB CARTWRIGHT p Problem-solving theory of dreaming They believe that dreams are a way of identifying and working through problems of the waking life. They do not believe that the true meanings of dreams are disguised and therefore do not distinguish between the latent and manifest content. However the use of metaphor is included in their theory. 4 Problem Solving theory cont. A number of studies support this theory. (cartwright,1978), presented people with common problems. Those who were allowed to sleep uninterrupted later made far more realistic suggestions towards a solution than those who had been deprived of REM sleep. Hartman 1973, showed that people suffering from occupational or relationship problems enter REM sleep earlier and spend longer in it than less troubled subjects. EVANS p Reprogramming theory of dreaming According To Evans during REM sleep the brain shuts off from the external world, isolating itself from sensory input. This time is spent sorting through new data and updating existing memory systems. A number of studies have shown that REM sleep increases following mental activities of a complex nature. Herman Roffwarg 1983, also supported Evan s theory. In their study participants wore distorting lenses during their waking day. These made everything appear upside down. This took a great deal of mental effort to adjust to. 5 Sup. for Evan s theory cont. Herman Roffwang 1983 cont Subsequent monitoring revealed an increase in periods of REM sleep. Evan s theory has also been supported by the findings of older people spending shorter periods dreaming. Neurobiological Approach HOBSON McCARLY 1977 Activation synthesis Theory of Dreams They proposed that dreaming begins with the random firing of giant cells, located in the R. A. S. of the pons, which in turn activate adjacent nerve cells. These include those concerned with vision, motor activity and emotion. This activity also reduces the tone of major muscles, producing temporary paralysis. This prevents us acting out our dreams. Morrison 1983, found that cats with damage to the brain stem actually chased the subject of their dreams and ignored real mice. Although the body is not moving, the cerebral cortex is still receiving information, originating from the giant cells, which suggests it is. In an attempt to make sense of the random activity it merges or synthesises it, using memory to create a dream. Activity of nerve cells involved in balance for example may evolve as dreams about falling. 6 Some have argued that if dreams were merely a meaningless bi-product of random firing of nerve cells they would not reflect our daily experiences, as they often do. Hobson and McCarley argued that the areas of the cortex that have been most recently stimulated during the day are also most likely to   together with the brain persistently seeking to find meaning, even if there is none in the data. The unusual intensity and chaos involved in this neural activity accounts for the sometimes erratic and strange content of dreams. Hobson also agued that the periodic activation of the brain during sleep is due to the giant cells of the pons firing in an uncontrolled way. This continues until the supply of the neurotransmitter acetycholine ,which they are sensitive to, is depleted. This brings about the end of REM sleep, until acetycholine stores are replaced, and the nest period of REM sleep will begin. CRICK MITCHISON 1983 Nuero Reverse Learning Theory of Dreams They argued that we dream in order to forget. They view the random firing during REM as the brains method of destroying synaptic connections involved in storing useless information. The removal of worthless or parasitic information creates space for material of more use. They called this process reverse learning or unlearning. 7 They point out that animals who do not have REM sleep, such as dolphins and spiny anteaters have abnormally large cortexes. This could be that they have developed in this way to house vast amounts of information. Alternatively, it could be that with the extra space they have no need to unlearn. Winson suggested that a large cortex enables them to carry out unlearning while awake. This theory would explain why we rarely remember our dreams. According to this model, to remember a dream means that we have re-stored the very info. We were trying to forget. This does not explain why some dreams are very coherent and significant. Connectionists theories suggest that we have no need to save space as we have vast potential for storage information. Critics of neurobiological theories argue that if dreams were meaningless, history would not have provided us with so many examples of creations and inspirations that have manifested during them. Neither the psychological or neurobiological theories of dreaming can account for the findings of activity very similar to REM sleep in foetuses. Jouvert suggests that the firing of nerve cells during REM activates information, concerning instinctual behaviour, that is stored in the genes. Once activated it is then programmed into the brain.

Doctor Faustus Essay -- essays research papers

Remind yourself of scene 5, lines 167 – 280 (pages 31 – 37 in the New Mermaids Edition) from â€Å"Now would I have a book†¦Ã¢â‚¬  to the entrance of The Seven Deadly Sins. (In some other editions, this section begins near the end of Act 2 Scene 5 and includes the opening of Act 2 Scene 1.) What is the importance of this section in the context of the whole play? In your answer you should consider: -The dramatic effects created by the Good and Evil Angels -The language used by Faustus and Mephastophilis. This section of the play has both an important structural and contextual role in Dr. Faustus. Leading the audience through his doubt and limitations, Faustus begins to realize that his potential for knowledge and power is not half as grand as he expected. This leads him into strong bouts of inner struggle, as shown by the appearance of the good and evil angels on stage. The forces of good and evil start to tear away at Faustus, and he begins the decline into his inventible tragic downfall at the end of the play. At the start of section, we see Faustus is beginning to use his powers to attain rare and elusive knowledge about our universe, forming elaborate demands, such as; â€Å"Now would I have a book where I might see all characters and planets of the heavens, that I might know their motions and dispositions†. Of course, the knowledge is granted, but appears to be enclosed in one single-volume book. Faustus sees this as a boundary – another restriction, on the pledge that was supposed to bring him ultimate rewards. He states; â€Å"O thou art deceived!†, realising the dissatisfaction, and what he has sacrificed. It could be said that Marlowe uses this anticlimax to warn the audience not to follow Faustus’ ways, emphasizing the fact that it can only bring superficial pleasures and shallow reward. The section is also characterized by the two appearances of the good and evil angels, which I feel play a significant role in the morality issues the dealt with in the play. Aside from signifying the persuasion into evil, the appearance of the angels also represents Faustus’ inner conflict, by exposing his gradual realisation that his actions have left him disappointed, and the fact that he cannot escape the religion within him. These scenes are vital to the play, and are used by Marlowe to present Faustus’ thoughts on stage. If seen in the context of a morality play, it could be ... ...stus is blind to the truth of repentance. And I feel at this moment, the audience truly realize that he can never escape this tragic spiral into damnation. Overall, we have seen how Marlowe uses this section of Dr.Faustus to present the tragic traits in Faustus’ character, and most importantly to highlight his flaws, and how they show the gradual failure of his plans. It deals with important contextual issues, such as the limitations and implications of over ambition shown in Mephastophilis blunt offerings – which Marlowe demonstrate the consequences of over-reaching yourself. It also presents us with the Morality play idea, by using the Good and Evil angels to present Faustus’ inner struggle of good versus evil, which he cannot overcome. Finally, Marlowe has also used the section to convey the traits of the Elizabethan tragic hero – in Faustus’ constant search for achievement, inability to recognise implications and failed plans. Ultimately, I feel the section is significant as it powerfully highlights these characteristics to portray the dangers of Faustus’ exploits, while evoking feelings of fear and tension with the audience towards the tragic climax at the end of the play.

Factor Affecting Job Satisfaction in Banks

A Banker on whom a cheque is drawn should pay the cheque when it is presented for payment. * This cheque paying function is a distinguished one of a banker. * This obligation has been imposed on him by sec. 31 of the N. I Act, 1881. * A banker is bound to honour his customer’s cheque, to the extent of the funds available and the existence of no legal bar to payment. Again, for making payment the cheque must be in order and it must be duly presented for payment at the branch where the account is kept. * The paying banker should use reasonable care and diligence in paying a cheque, so as to abstain from any action likely to damage his customer’s credit. * If the paying banker wrongfully dishonours a cheque, he will be asked to pay heavy damages. * At the same time, if he makes payment in a hurry, even when there is sufficient balance, the banker will not be allowed to debit the customer’s account.If he does so, it will amount to sanctioning of overdraft without pri or arrangement, and later on, the customer can claim it as precedent and compel the banker to pay cheque in the absence of sufficient balance. His position is very precarious and is in between the devil and the deep sea. PRECAUTIONS BEFORE HONORING A CHEQUE In order to safeguard his position, the paying banker has to observe the following precautions before honouring a cheque. Presentation of The Cheque (a) Type of the cheque: Before honouring a cheque, he must find out the type to which it belongs.Cheques may generally be of two types- open or crossed. If it is an open one, the payment may be made at the counter. If it is crossed, the payment must be made only to fellow banker. If it is specially crossed, the payment must be specifically made to that banker in whose favour it has been crossed. If there are ‘A/C Payee’ and ‘Not Negotiable’ crossings the paying banker need not worry, as they are the directions only to the collecting banker. If the paying ban ker pays a cheque contrary to the crossing, he is liable to the drawer. Therefore, he must pay special attention to the type of a cheque. b) Branch: The Paying banker should see whether the cheque is drawn on the branch where the account is kept. If it is drawn on another branch, without any prior arrangement, the banker can safely return the cheque. (c) Account: Even in the same branch, a customer might have opened two or more accounts. Hence, the paying banker should see that the cheque of one account is not used for withdrawing money from another account. (d) Banking hours: The paying banker should also note whether the cheque is presented during the banking hours on a business day. Payment outside the banking hours does not amount to payment in due course. e) Mutilation: If a cheque is torn into pieces or cancelled or mutilated, then, the paying banker should not honour it. He should return the cheque for the drawer’s confirmation. In a case cheque is torn accidentally, t he drawer must confirm it by writing such words as ‘Accidentally torn by me’ and affixing his full signature. A cheque torn into two or more pieces is generally returned with a remark ‘Mutilated’. Form of cheque: Printed form: The cheque must be in proper form. It must satisfy all the requirements of law. The customers should draw cheques only on the printed leaves supplied by the bankers.Unconditional order: The cheque should not contain any condition. If it is a conditional one, the paying banker’s position will become critical and he may not honour it. Date: Before honouring a cheque, the bank must see whether there is a date on the instrument. If it is undated, it cannot be regarded as a valid instrument. If a cheque is ante- dated, it may be paid if it has not become stale by that time. A cheque, which is presented after six months, from the date of its issue, is a stale one. If a cheque is post- dated, he should honour it only on its due date.A mount: The next important precaution is that the banker should see whether the amount stated in the cheque, both in words and figures, agree with each other. If the amount is stated only in figures, the banker should return it with a remark ’Amount required to be stated in words’. However if the amount stated only in words, the banker may honour it. Supposing , there is a difference in the amount stated in words and figures, then the banker can take any one of the following courses available to him: i) He can dishonour the cheque with a memorandum ‘words and figures differ’ or i)He can honour the amount stated in words According to Sec. 18 of the N. I. Act, if the amount undertaken or ordered to be paid is stated differently in figures and words, the amount stated in words shall be the amount undertaken or ordered to be paid. ’ However in practice, if the difference is insignificant, payment is sometimes made. But usually the paying banker returns t he cheque under such circumstances, since there is an audit objection to the practice of honouring such cheques. III. Sufficient balance: There must be sufficient balance to meet the cheque.If the funds available are not sufficient to honour a cheque, the paying banker is justified in returning it. So, before honouring a cheque, he must check up the present state of his customers account. IV. Signature of the drawer: The next important duty of a paying banker is to compare the signature of his customer found on the cheque with that of his specimen signature. If he fails to do so and if he pays a cheque , which contains a forged signature of the drawer, then, the payment will not amount to payment in due course. Hence, he can not claim protection under Sec. 85 of the N. I. Act.If the signature has been too skillfully forged for the banker to find it out, even then the banker is liable. However, if the customer facilitates the forgery of his signature by his conduct, then, the banker will be relieved from his liability. Legal bar: The existence of legal bar like Garnishee Order limits the duty of the banker to pay a cheque. Garnishee order refers to the order issued by a court attaching the funds of the judgment debtor (i. e. , the customer) in the hands of a third party (i. e. , the banker). The term ‘Garnishee’ refers to the person who has been served with the order.This Garnishee proceedings comprise of two steps. As a first step ‘Garnishee Order Nisi’ will be issued. ‘Nisi’ means ‘unless’. In other words, this order gives an opportunity to the banker to prove that this order could not be enforced. If the banker does not make any counterclaim, this order becomes absolute one. This ‘garnishee Order absolute’ actually attaches the account of the customer. If it attaches the whole amount of a customer’s account, then, the banker must dishonour the cheque drawn by that customer. He can honour his cheques to the extent of the amount that is not garnished. Endorsement:Before honouring a cheque, the banker must verify the regularity of endorsement, if any, that appears on the instrument. It is more so in the case of an order cheque, which requires an endorsement before its delivery. For instance, if there is per pro endorsement, the banker must find out the existence of authority. Failure to do so constitutes negligence on the part of the paying banker. Per pro endorsement is an endorsement made by an authorized agent. Prior information about the delegation of authority to the agent must have been given to the banker. Otherwise, a banker is not legally bound to accept this type of endorsement.CIRCUMSTANCES UNDER WHICH A CHEQUE CAN BE DISHONORED Countermanding: Countermanding is the instruction given by the customer of a bank requesting the bank not to honour a particular cheque issued by him. When such an order is received, the banker must refuse to pay the cheque. If a cu stomer informs by telephone or telegram regarding the stopping payment of a cheque, the banker should diplomatically delay the payment, till written instructions are received. If the situation is very critical, he can return the cheque by giving a suitable answer like ’payment countermanded by telephone and postponed pending confirmation. Therefore, countermanding instructions, once received, must be kept as a constant record. A ‘stopped payment’ register may be maintained for ready reference. Upon the receipt of notice of death of a customer: When a banker receives written information from an authoritative source, (preferably from the nearest relatives) regarding the death of a particular customer, he should not honour any cheque drawn by that deceased customer. If the banker is unaware of the death of a customer, he may honour the cheque drawn by him.Death puts an automatic end to the contractual relationship between a banker and his customer. Upon the receipt of notice of insolvency: Once a banker has knowledge of the insolvency of a customer, he must refuse to pay cheques drawn by him. Upon the receipt of notice of insanity: Where a banker receives notice of a customer’s insanity, he is justified in refusing payment of the cheque drawn by him. The banker should make a careful note, when the lunacy order is received. It is advisable that the banker should act upon a definite proof of the customer’s insanity like a doctor’s certificate, a court order etc.Upon the receipt of notice of assignment: The bank balance of a customer constitutes an asset and it can be assigned to any person by giving a letter of assignment to the banker. Once an assignment has been made, the assignor has no legal rights over the bank balance and therefore, if any cheque is drawn by him, the banker should refuse to honour it. When a breach of trust is intended: In the case of a trust account, mere knowledge of the customer’s intention t o use the trust funds for his personal use, is a sufficient reason to dishonour his cheque.Defective title: If a person who brings a cheque for payment has no title or his title is defective, the banker should refuse to honour the cheque presented by him. For instance, a person who brings a cheque, which has been countermanded or which has been forged, has no title to it. Statutory Protection to a Paying Banker: Supposing, a paying banker pays a cheque, which bears a forged signature of the payee or endorsee, he is liable to the true owner of the cheque. But, it is quite unjustifiable to make the banker responsible for such errors.It is so because; he is not expected to know the signature of the payee or the endorsee. Therefore, law relieves the paying banker from his liability to the true owner in such cases. This relief is known as ‘statutory protection. ’ To claim protection under Sec. 85 of the N. I. Act, 1881, the banker should have fulfilled the following conditio ns: * He should have paid an order cheque. * Such a cheque should have been endorsed by the payee or his order. * It should have been paid in due course. PAYMENT IN DUE COURSE The cheque should have been paid in due course as per Sec. 0 of the N. I. Act. This concept of payment in due course has three essential features: (I) Apparent tenor of the instrument: To avail of the statutory protection, the payment should have been made according to the apparent tenor of the instrument. The apparent tenor refers to the intention of the parties, as it is evident from the face of the instrument. Example: If a drawer draws a cheque with a post –date, his intention is to make payment only after a certain date. If it is paid before the due date, this payment does not amount to payment in due course.So also, the payment of a countermanded cheque does not amount to payment in due course. (ii) Payment in good faith and without negligence: Good faith forms the basis of all banking transaction s. As regards negligence, the banker may sometimes be careless in his duties, which constitutes an act of negligence. If negligence is proved, the banker will loss the statutory protection given under Sec. 85. Example: * Payment of a crossed cheque over the counter. * Payment of a post-dated cheque before maturity. * Failure to verify the regularity of an endorsement. iii)Payment to a person who is entitled to receive payment: The banker must see that the person, who presents the cheque, is in possession of the instrument and he is entitled to receive the amount of the cheque. Protection to a bearer cheque: Now this protection has been extended to bearer cheques also under sec. 85(2). If a bearer cheque is paid in due course, the banker is entitled to get protection. Statutory Protection in the case of a Materially Altered Cheque: A paying banker cannot normally claim any statutory protection for a materially altered cheque. However; Sec. 89of the Negotiable instrument Act.Gives pro tection in the case of a materially altered cheque provided, (1) He is liable to pay, (2)Such an alteration is not apparent and, (3) The banker has made the payment in due course. Recovery of Money Paid by Mistake: Under the following circumstances, money wrongly paid can be recovered:- (i)Money received mala fide is recoverable: When a person receives money by mistake in bad faith, knowing that he is not entitled to receive that money, then, the banker is entitled to recover the same. (ii) Money paid under a mistake of fact is recoverable: For instance, a banker pays money to X, thinking that he is Y.This is a mistake of fact regarding the identity of the parties. Y is under a legal duty to pay the money back to the banker. COLLECTING BANKER A collecting banker is one who undertakes to collect the amount of a cheque for his customer from the paying banker. In collecting a cheque, the banker can act in two capacities namely (1) as a holder for value, and (2) as an agent for collecti on. The banker would be as a holder for value: (a) If he allows his customers to withdraw money before cheques paid in for collection are actually collected and credited. b) If any open cheque is accepted and the value is paid before collection, and (c) If there is a reduction in the overdraft account of the customer before the cheque is collected and credited in the respective account. In all these cases, the banker acquires a personal interest. A Banker as an agent: In practice, no banker credits a customer account even before a cheque is collected. He collects a cheque on behalf of a customer. So, he cannot acquire any of the rights of a holder for value. He has to act only as an agent of the customer. Duties of A Collecting Banker: i) Exercise reasonable care and diligence in his collection work: When a banker collects a cheque for his customer, he acts only as an agent of the customer. He should exercise reasonable care, diligence and skill in collection work. (ii) Present the cheque for collection without any delay: The banker must present the cheque for payment without any delay. If there is delay in presentment, the customer may suffer losses due to the insolvency of the drawer or insufficiency of funds in the account of the drawer or insolvency of the banker himself. In all such cases, the banker should bear the loss. iii) Notice to customer in the case of dishonour of a cheque: The N. I. Act has prescribed a reasonable time for giving the notice of dishonour. If he fails to do so, and consequently, any loss arises to the customer, the banker has to bear the loss. (iv) Present the bill for acceptance at an early date: As per sec. 61 of the N. I. Act, a bill of exchange must be accepted. If a banker undertakes to collect bills, it is his duty to present them for acceptance at an early date. (v) Present the bill for payment: The banker should present the bills for payment in proper time and at proper place.If he fails to do so and if any loss occurs to the customer, then, the banker will be liable. According to Sec. 66 of N. I. Act a bill must be presented for payment on maturity. (vi) Protest and note a foreign bill for non-acceptance: In case of dishonour of a bill by non-acceptance or non-payment, it is the duty of the collecting banker to inform the customer immediately. Generally he returns the bill to the customer. In the absence of specific instructions, collecting bankers do not get the inland bills noted and protested for dishonour.If the bill in question happens to be a foreign bill, the banker should have it protested and noted by a notary public and then forwarded it to the customer. Statutory Protection to the collecting Banker: According to sec. 131 of the N. I. Act, statutory protection is available to the collecting Banker in the following cases: (i)Crossed cheques only: a collecting banker only for crossed cheques can claim statutory protection. It is so because, in the case of an open cheque, it is not absolutely necessary for a person to seek the service of a bank. ii) Collections on behalf of customers as an agent: a banker only can claim the above protection for those cheques collected by him as agent of his customers. iii) In good faith and without negligence: In order to get the protection under this section, a collecting banker must act in good faith and without negligence. Matter of negligence is of great importance. Basis of negligence: When a collecting banker wants to claim protection under Sec. 131, he has the burden of proving that he has acted without negligence.Gross negligence: If a banker is completely careless in collecting a cheque, then, he will be held liable under the ground of ‘gross negligence. ’ Examples: Collecting a cheque crossed ‘A/C payee’ for other than the payee’s account: Account payee crossing is a direction to the collecting banker. If he collects a cheque crossed ’A/C payee’ for any person other than the payee , then, this fact will be proved as an evidence of gross negligence. FAILURE TO VERIFY THE CORRECTNESS OF ENDORSEMENT If a banker omits to verify the correctness of endorsements on cheques payable to order, he will be deprived of the statutory protection. i)Failure to verify the existence of authority in the case of per pro signatures: If a collecting banker fails to verify the existence of authority in the case of per pro signatures, if any, will be proved as an evidence of gross negligence. (ii) Negligence connected with the immediate collection: If, on the face of a cheque, there is a warning that there is misappropriation of money, the collecting banker should make some reasonable enquiry and only after getting some satisfactory explanations, he can proceed to collect cheques.Examples: * Collecting a cheque drawn against the principal’s A/c, to the private A/c of the agent without enquiry. * Collecting a cheque payable to the firm to the private A/c of a partner without e nquiry. * Collecting a cheque payable to the company to the private account of a director or any other officer without enquiry. * Collecting a cheque payable to the employer to the private account of the employee would constitute negligence under sec. 131 of the N. I. Act. * Collecting a cheque payable to the trustee, to the private account of the person operating the trust account is another instance of negligence of a banker. iii) Negligence under Remote Grounds: Normally, we cannot expect a banker to be liable under certain circumstances. But, the bankers have been held negligent under those situations, which are branded as ‘remote grounds. ’ Examples: * Omission to obtain a letter of introduction from a new customer causes negligence. * Failure to enquire into the source of supply of large funds into an account, which has been kept in a poor condition for a long time, constitutes negligence.

Master and Margarita-Religion Theme Essay

Religion is an ever-present theme in the novel Master and Margarita. Many of the characters neither believe in heaven nor hell, and they also refute the existence of God or the Devil (Satan). Throughout the novel, religion is used for characters to make sense of their realities. When Woland, the Devil himself, confronts some of the characters chaos ensues, and truth becomes unclear. In the beginning of the novel, two men by the names Mikhail Berlioz and Ivan Nikolayevich (whose pen name was Bezdomny) have a conversation about Jesus Christ. Berlioz attempts to prove that a man such as â€Å"Jesus, as an individual, had never existed on earth at all and that all the stories about him were mere fabrications, myths of the standard kind.† [Bulgakov, 5] As the men continue their conversation, Woland, who appears as a mere foreigner joins the conversation. He tells the men that he met Pontius Pilate, and the two believe Woland to be crazy. Without knowing about Woland’s true identity, Berlioz denies the existence of God or Satan, and explains that a large portion of his population is in fact atheist. Woland predicts Berlioz’s death at the end of the conversation, and he continues on, wreaking havoc amongst many other people. This theme of religion and religious imagery continues throughout the story, such as the glimpse we get into the mind of Pontius Pilate before Jesus (Yeshua Ga-Nostri) is sentenced to death. Bulgakov portrays a side not often seen of Pilate in religious and historical accounts. Later on, Woland is creating chaos in other character’s lives. He draws out people’s flaws and evil tendencies that already existed within them, and he makes a mockery of those flaws. Woland himself is proving that he exists. As the story progresses, we meet the Master, a writer who mental state is unstable. He wrote about Pontius Pilate, and his writing was severely criticized. He burns his manuscripts hoping to never see them again, however Woland can make them re-appear instantly. Woland helps the Master come to his senses by request of Master’s lover, Margarita. Although many would see Woland (Satan) simply as an evil creature, it is revealed in the novel that his character is so much more. Woland appears to be the most rational character, and he is more complex than the others. This is a completely different way of seeing the normal religious story, and the typical roles that God and Satan play. In the end, it is as if nothing has ever happened and memory has failed the characters. The existence of God and Satan, Jesus and Pontius Pilate, are all still in question. After all the events that occurred throughout the novel, no one knows what is true and what is not. Religion in this novel serves to figure out the truth. The religious stories are used by characters to either refute, or support the existence of certain religious figures. Bulgakov’s use of these religious accounts, stories, and figures frame the novel and without it, the story could not function. It is the same as in Hillis Miller’s article, Narrative. The reasons that this novel needs religion are for the same reasons we, as readers need literature. It helps to give us guidelines, warnings, and explanations for the world around us.

Social Phenomenon Cause by Apple Store and Its Products

Social Phenomenon Cause by Apple Store and Its Products Introduction Apple Incorporated is a leading firm in the computer industry with computers and software as its main products. The company was started by Steve Jobs and Steve Wozniak in 1976, and later on incorporated in the same year.Advertising We will write a custom essay sample on Social Phenomenon Cause by Apple Store and Its Products specifically for you for only $16.05 $11/page Learn More Currently, the company’s main products include the iPad, iPhone, the iPod music store, and the iMac. Over the years, Apple has painstakingly embraced innovation and technology in the manufacture of high-end products that have given it a niche in the market. Consequently, Apple has gained global repute as a leading brand. Today, Apple is the most valuable brand in the technology industry having surpassed Microsoft (Miguel and Vance para. 2). This is indicative of one of the most stunning turnarounds in the business world in recent years, bearing in mind that the company had almost hit rock bottom a decade ago. Investors also value the Apple brand highly, and this is indicative of a significant cultural shift (Miguel and Vance para. 2). This means that consumer taste now shapes technology, as opposed to the needs of a business. The current research paper endeavors to examine the social phenomenon cause by Apple and its products. The paper begins by tracing the historical background of Apple and what caused the emergence of this social phenomenon. The influential players behind the success of Apple at its inception will also be assessed, along with tracing some of the historical events of Apple. Under the theoretical analysis section, the conflict, functionalist and interactionalist theories shall all be defined. In addition, the writer shall also attempt to link the three theories with the social phenomenon cause by Apple and its products.Advertising Looking for essay on business economics? Let's see if we can help you! Get your fir st paper with 15% OFF Learn More History Apple Incorporated is a global company that manufactures software, computers, and consumer electronics. The company’s main product lines include the iPhone, personal computers, and the iPod music store. Steve Jobs and Steve Wozniak started the company in 1976 (Wozniak para. 2). Although it was faced with marketing problems in the 1990s, over the years, Apple has embraced innovation in the manufacture of its various products to emerge a leading global brand. Apple Inc. identified a lack of creativity and innovation among its competitors in the market and sought to manufacture products that fulfilled this unmet need. For example, Apple II was different from similar products by key competitors such as the Commodore PET and TRS-80, in that it had an open architecture, in addition to its color graphics based on character cells (Wingfield para. 5). On the other hand, the Visicalc spreadsheet program installed on Apple II appe aled to the business world, thereby making it the desktop platform of choice. In addition, Apple II was also compatible with both the office and home, thereby appealing to many consumers. Steve Jobs is one of the individuals who have greatly influenced the history of Apple. During the 1970s and 1980s, Steve Jobs, former CEO and co-founder of Apple helped to change the direction of the computer industry. For example, he helped to introduce the PC era. Under his tutelage, Apple Inc launched graphical user interface in 1984 and since then, virtually all other computers have aped the technology.Advertising We will write a custom essay sample on Social Phenomenon Cause by Apple Store and Its Products specifically for you for only $16.05 $11/page Learn More When he returned to Apple in 1997, Jobs once more altered the consumer electronics dynamics with the iPod, the iTunes, the iPhone, and the iPad. Steve Wozniak was also influential in the history of Apple, as t he other co-founder. He is credited with designing Apple II single-handedly in 1997. Following its success, this ushered in the age of modern day computer industry. Through his creative and innovative ideas, Wozniak has immensely influenced our everyday lives because now we have access to all the information that we need at our fingertips. Some of the significant events in the history of Apple include the first Apple I personal computer kit, built by hand in 1976. On January 03, 1976, Apple was incorporated. On April 16, 1977, Apple Inc introduced Apple II into the market. In May 1980, the Apple III was introduced. Four years later, the company launched Macintosh. In 19991, the company introduced the PowerBook, while the iMac was introduced in 1998. The first Apple retail store opened its doors on May 19, 2001 in Virginia, California (Bagnall 109). In 2003, Apple introduced the iTune store. Between 2007 and 2011, Apple launched the iPhone, the iPad, and iPad Touch. Theoretical Analy sis Conflict theory Conflict is a term used in reference to a situation whereby two or more individuals fail to agree on a given issue. Karl Marx has been defined as a conflict theorist and according to him human beings define themselves through conflict. Marx opined that regardless of one’s social-economic status or class, we cannot run away from our individual consciousness. Marx asserted that our history may be regarded as a class struggle hell-bent on the acquisition of wealth and as such, our consciousness is a reflection of our social group (Stark 87).Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The conflict of socialism as postulated by Marx hinges on the assertion that socialism is inevitable, as well as on the doomed nature of capitalism and free enterprise. To him, socialism was the way out. Marx argued that individuals used their capabilities and labor to dominate the world and become what they are though the process of production. Production enables them to manufacture goods by utilizing the raw materials, labor, and machinery. Labor and capability enables leading firms to dominate the world. Currently, Apple is a leading global brand. This shows that the company has utilized its labor capability well and for this reason, the company has managed to dominate the world. Apple has also realised that the idea of free enterprise and capitalism are inevitable. Thus, the company has endeavored to utilize its human resources and raw materials to ensure they produce quality products. In addition, Apple has also opened outlets all over the world in order to maximize its sales. Apple products are of high quality and as such, they come at a premium compared to those of the competitors. However, Apple Inc has helped to revolutionarize the computer industry. The opening of Apple stores globally has helped to create thousands of jobs, thereby reducing the gap between the rich and the poor. Apple Inc has embraced the concept of free enterprise to extend its tentacles to virtually every corner of the world. By using specialized human resources, innovation and new product development concept, Apple Inc has managed to dominate the world as a global icon in the computer industry. Functionalist Theory Classical functional theorists are more concerned with social evolution. Emile Durkheim was a functional theorist who was more concerned with the ability of a group to survive in the absence of sound controlling institutions or centralized governments. Through his research studies, he sought to assess the ability of diverse segmented societies to eventually merge with others, ensuring solidarity by sharing systems of exchange and values (Forrest and Kaufmann 26). Functional theorists view societies as bounded, fundamentally relational and coherent constructs that functions just like our organs. As such, all cultural and social phenomena are regarded as functional in that they not only have â€Å"lives†, but also work together. Durkheim underscored the importance of division of labour in regulating the modern society. Individual tasks are very important because they aid in the establishment of value consensus. Consequently, people are able to share common goals, leading to proper functioning of societies. In trying to develop the work of Durkheim, Parsons identified four functional perquisites. They include goal attainment, adaptation, pattern maintenance, and integration (Forrest and Kauffmann 28). In the case of Apple Inc, the company has managed to maintain high quality products through constant innovations, research and development. As a result, Apple’s products have propelled the company to greater heights. Adaptation to the business environment is vital for the survival of a business. In 1981, Apple was the leading PC manufacturer but because the company ignored industrial changes, it was quickly overtaken by IBM (Fisher 66). Apple had also failed to use trade secrets and patents to protect its products, resulting in a re-engineering of Apple II products by competitors, who produced similar but cheaper products. This made it hard for Apple to compete in the market. In recent years however, Apple has responded to the market demands. Consequently, the company has diversified its product portfolio. For example, Apple has integrated hardware and software. In addition, the company’s technological improvements are characterized by unique design. In addition, some of its unique products such as the iPod, iTunes and iPhone have seen the company transcend beyond the computer industry barriers. Apple Inc has managed to become a leading global brand because of the working cohesion between the management and the employees. The same cohesion has also led to the manufacture of innovative products. Such cohesion is necessary especially in a cutthroat industry such as the computer industry. Apple Inc has like-minded employees and as such, the company has managed to maintain social order and in the process, ensure solidarity. Because Apple has turned into a complex organization, this has also complicated division of labor. Therefore, people have to be rewarded according to their contribution to their firm. The founding of Apple was a major breakthrough in the computer industry because it allowed for sharing of valuable information, knowledge, and experiences. As such, it can be seen as an aid towards the transformation of society from â€Å"primitive† to â€Å"advanced†, in line with the arguments held by Emilie Durkheim. Interactionalist Theory The interactionist theory is usef ul in explaining social dynamics. The theory explores the symbolic meaning of group-to-group, face-to-face, and individual interaction. Max Weber was an interactionsit theorist who endeavored to examine how individuals created ideas and made sense of the world through group memberships, social relationships, as well as discourse. Foucault was another interactionist theorist who theorized that by taking up routines, practices, and habits, people create their personalities and identities to turn into certain kind of individuals (Stark 89). The social phenomena that is Apple appears to uphold the arguments held by both Max Weber and Foucault in that the various products manufactured by the company also happen to be the tools for social interaction in the modern day information age. For example, Apple computers enable members of the society to interact via such social media as Facebook and Twitter. The iPad and iPhone products have also been manufactured with the main goal of facilitati ng human-to-human interaction. Accordingly, Steve Jobs, Steve Wozniak, as well as the rest of the employees at Apple have helped to advance the interactionist theory. Conclusion Apple Inc has overtaken Microsoft as the most valuable brand in the technology industry. This is because the company has adapted to the business environment by giving preference to the tastes of the consumers, as opposed to the needs of the business. The social phenomenon that is Apple emerged when the company’s founders identified a lack of creativity and innovation among its competitors, forcing the firm to start manufacturing products that fulfilled the unmet needs. Steve Jobs and Steve Wozniak are two of the most influential individuals behind the success of Apple. Apple has utilized its labor capital well in the manufacture of leading products and software. In addition, the company has embraced the idea of free enterprise and capitalism, in line with Karl Marx’s conflict theory. As a socia l phenomenon, Apple also upholds the arguments by Foulcault and Max Weber on the interactionist theory. Bagnall, Brian. On the Edge: The Spectacular Rise and Fall of Commodore. Winnipeg, Manitoba: Variant Press, 2005. Print. Forrest, Baird and Kaufmann, Walter. From Plato to Derrida. Upper Saddle River, New Jersey: Pearson Prentice Hall, 2008. Print. Fisher, Anne. â€Å"Americas Most Admired Companies†. Fortune, 157.5(2008): 65- 67. Miguel, Helft and Vance, Ashley. â€Å"Apple Passes Microsoft as No. 1 in Tech.†Ã‚  The New York Times 26 May 2010. Stark, Rodney. Sociology (10th ed.). Belmont, CA: Thomas Wadsworth, 2007. Print. Wingfield, Nick. â€Å"Apple’s Lower Prices Are All Part of the Plan†. 23 October 2011. Wozniak, Stephen. Homebrew And how The Apple Came To Be. n. d. Web.

Table of mRNA Codons and Properties of the Genetic Code

Table of mRNA Codons and Properties of the Genetic Code This is a table of mRNA codons for the amino acids and a description of the properties of the genetic code. Genetic Code Properties There is no ambiguity in the genetic code. This means each triplet codes for only one amino acid.The genetic code is degenerate, which means there is more than one triplet code for many of the amino acids. Methionine and tryptophan each are coded by just one triplet. Arginine, leucine, and serine each are coded by six triplets. The other 15 amino acids are coded by two, three, and four triplets.There are 61 triplet codes for amino acids. Three other triplets (UAA, UAG, and UGA) are stop sequences. The stop sequences signal chain termination, telling the cellular machinery to stop synthesizing a protein.The degeneracy of the code for the amino acids coded by two, three, and four triplets is only in the last base of the triplet code. As an example, glycine is coded by GGU, GGA, GGG, and GGC.Experimental evidence indicates the genetic code is universal for all organisms on Earth. Viruses, bacteria, plants, and animals all use the same genetic code to form proteins from RNA. Table of mRNA Codons and Amino Acids mRNA Amino Acid mRNA Amino Acid mRNA Amino Acid mRNA Amino Acid UUU Phe UCU Ser UAU Tyr UGU Cys UUC Phe UCC Ser UAC Tyr UGC Cys UUA Leu UCA Ser UAA Stop UGA Stop UUG Leu UCG Ser UAG Stop UGG Trp - - - - - - - - CUU Leu CCU Pro CAU His CGU Arg CUC Leu CCC Pro CAC His CGC Arg CUA Leu CCA Pro CAA Gln CGA Arg CUG Leu CCG Pro CAG Gln CGG Arg - - - - - - - - AUU Ile ACU Thr AAU Asn AGU Ser AUC Ile ACC Thr AAC Asn AGC Ser AUA Ile ACA Thr AAA Lys AGA Arg AUG Met ACG Thr AAG Lys AGG Arg - - - - - - - - GUU Val GCU Ala GAU Asp GGU Gly GUC Val GCC Ala GAC Asp GGC Gly GUA Val GCA Ala GAA Glu GGA Gly GUG Val GCG Ala GAG Glu GGG Gly

Fair or unfair Case Study Example | Topics and Well Written Essays - 250 words

Fair or unfair - Case Study Example Monitoring employees for the time spent off tasks without being informed, creates more conflicts because employees are also human beings and they get sick or family emergencies. Employees should be informed so that they are aware of all the consequences of every action committed. The most effective way of improving this policy would be to inform of the monitoring process. As an employee, I am obligated to follow the rules stipulated by the company in which I work. It is a fair policy to have company computers and email accounts monitored. It is not surprising to see some employees using emails and computers at work for inappropriate activities such as watching movies and gossiping on face book. Tracking employee activity on comp-any computers is the only effective way of ensuring that everyone works and harassment of clients or employees does not take place. Implementing email policies and company computers that protect the privacy of employees, clients and business interests is critical for all companies (Paschal, Stone and Stone-Romero 503). As a Quality Textbook Inc sales representative, in a demanding job, it is only appropriate that the company implements a policy that is fair. Having a car and a phone tracked during the work hours is appropriate, but after work hours is an unfair move. According to Cain’s message in the podcast, embracing technology also means that we embrace the idea of being tracked. I agree that tracking of the car and phones to avoid violation of company rules and wastage of resources such as fuel is appropriate, but the problem is tracking employees during their non-work hours. If employees are to be monitored and tracked, it should be done the right way, which does not infringe on their privacy (McNall and Stanton 230). Since it is vital to track employees for this company, a revision of this policy would be appropriate. The policy should include options where employees have the ability

Tort Law Assignment Example | Topics and Well Written Essays - 2500 words

Tort Law - Assignment Example It is also likely that the question of transferred malice might arise in Stella’s case since the assault was initially aimed at the doctor and inadvertently struck Stella. The issue of consent also arises as it appears the Mick did not consent to the doctor’s treatment and whether or not the absence of consent will render the doctor’s medical treatment a battery. Each of these issues are discussed in detail below. Assault arises out of conduct that puts the victim in fear of immediate or instant harm or force to his person (Rogers 2002). In order to substantiate a claim of assault it is not necessary to prove that actual physical contact was made. Similarly, intention to cause harm is not a necessary element of the tort of assault. All that is necessary is a reasonable apprehension of harm is sufficient to substantiate the tort of trespass to the person on a claim of assault. Whether or not the victim is afraid or capable of truncating or thwarting an assault is immaterial. This is because the test is an objective test and largely depend on what a reasonable man would reasonably perceive (Stephens v Myers (1830) 4 C & P 349 ). In Stephens v Myers (1830) a man was asked to leave a meeting and in response he launched toward the chairman but was quickly interrupted by the warden, preventing any contact. Even so, the court found that the conduct amounted to the tort of assault and ruled that: Be that as it may, not every threatening gesture will amount to an assault. In Thomas v Num [1986] Ch 20, picketing protesters made threats of violence in circumstances where police were able to hold them back. It was held that no assault was made because in the circumstances the defendants were not in a position to carry out their threats regardless of how determined they may have seemed (Thomas v Num [1986] ). Applying the reasoning in Thomas and Stephens, it is entirely unlikely that Mick would be successful in a