The Taming of the Shrew Essay Example for Free

The Taming of the Shrew Essay Michael Billington, theatre critic for the Guardian, asked whether there is any reason to revive a play which seems totally offensive to our age and society (6 May 1978). With particular reference to the final scenes of the play, explore the ways in which a modern audience can respond to Shakespeares presentation of the relationship between Kate and Petruchio  To many desultory observers The Taming of the Shrew may be conjectured as being profoundly misogynistic, an intolerable illustration of female subjugation in 16TH Century England. However in my opinion this is a far too superficial and perfunctory observation. The Taming of the Shrew displays enough ambiguity in its readings to support differing interpretations of its meaning and demonstrates its relevance to modern society. It is clear that ones own evaluation of the plight of Kate is an integral part of whether one finds the play offensive or not. On face value the shrewish Kate is tamed by the cruel, exploitative Petruchio who uses her fathers wealth as his only reason to embark on their marriage; a marriage she despairingly tries and fails to resist. He embarrasses and degrades her, culminating in the final scene where Kate openly relinquishes her independence; grovellingly placing her hand under Petruchios foot and lectures the other women about what should be their traditional servant role within marriage. However such superficial interpretations fail to consider the strong possibility of the presence of dramatic irony in Shakespeares writing, that their marriage is in fact one of partnership. Fiona Shaw, a contemporary Shakespearean actor, offers this interpretation by commenting her vision coincides with his Kate and Petruchio were rebels and would remain rebels forever1. Indeed it has been argued that Kate actually tames Petruchio by seemingly bowing to his requests: Thy husband is thy lord, thy life, thy keeper,  Thy head, thy sovereign; one that cares for thee (ACT V SCENE II 145-6) Superficially this may seem a submission, but it is possible to see the irony in Kates words. After all, at the time of writing, the head of state or the sovereign was Elizabeth I, therefore the aforementioned quotation symbolises a direct ironic attack against the patriarchal concept that Kate seems to be urging. Kates final speech could be categorised as a capitulation if its reader was without any idea or contextual knowledge about Kates complex character because much of its content is derived from sources used in the Elizabethan Church such as the Book of Homilies and The Instruction of Christian Women. However, it is certainly conceivable that it could be interpreted as a subversive manifesto. Kates flattering of Petruchio through her references to his brave naval background seems to appease him, yet it is she with the soft and smooth body. Petruchio maybe stronger in the physical sense, but it is he who has had to work harder in life and will work harder in marriage if Kate has her way. H.G. Goddards comment that everyone knows that the woman can lord it over the man as long as she allows him to think hes lording it over her supports this view, even if this comment is as equally facile as Kates taming a tribute to the ambiguity of the play. Textual evidence also configures with the doubt over whether Kates plight parallels with the doctrines of the Renaissance writers who fundamentally endorsed a patriarchal social hierarchy with the female subject to the orders of their husband or father. Lucentios final line Tis a wonder, by your leave, she will be tamed so emphasises the notion of scepticism over her sudden changed behaviour and that indeed she may have colluded with Petruchio in order to win the wager. The short time-scale of the play casts doubt over whether such a character as strong as Kate could really be tamed so emphatically. Indeed the feminist critic Germaine Greer has argued that the play is not a knockabout farce of wife-battering, but the cunning adaptation of a folk-motif to show the forging of a partnership between equals2, emphasised by Petruchio in the final scene finally acknowledging their alliance -well be to bed we thee are married, but you two are sped. It is Kate who is indeed shrewd enough to realise that she must appease Petruchio if she is to be able to forge a happy marriage with him. This is after Hortensio reminds Kate say as he says, or we shall never go a clue about the possible consequences if she continues her resistance. This is not a submission, but a clever ploy by Kate who realises that if her marriage is to progress from a state of extreme discomfort she must forge a partnership.

When Blood Isnt Thicker Than Water English Literature Essay

When Blood Isnt Thicker Than Water English Literature Essay In Barn Burning William Faulkner examines a young boys struggle against his father, Abner, who has a behavior problem. Abner keeps his family together by forcing them to lie for him while in trial and deal with his anger. Through the use of historical context, symbol, and character, Faulkner is able to demonstrate a theme that family loyalty is a vital part of life, however, sometimes being loyal to yourself ends with having to break loyalty to the ones you love. To understand more about Faulkners theme, one must begin with the historical context in which this story is written. The story takes place about ten years after the Civil War. Abner is portrayed to be a veteran, which may influence his wrongful actions. Being in a war could have had some affect on Abners mentality, which causes him to be hostile. Once a person leaves for war he or she never returns the same. Constance L. Shehan puts it like this: The after effects exhibited by many of these veterans appear to constitute a syndrome identified as post-traumatic stress disorder (PTSD), which is defined as a delayed but persistent malaise characterized by nightmares, loss of control over behaviorà ¢Ã¢â€š ¬Ã‚ ¦ (55). Abner could be experiencing a little bit of this syndrome, which is causing him to act in such ways. Also, this story is most likely set in the southern part of America where the farming and tobacco industries were booming. This is important when thinking about the title of the story because many people owned barns in order to dry their tobacco and store farming equipment and animals. This is relevant because barns were an obvious treasure to those who owned them. It was considered not only a way of living, but something that kept a family living. Farming was important to the wealthy and to the poor. It cost a lot of money to build a barn and was very important to the owner, and Abner knew this, so this is what he went after in order to hurt someone. Secondly, the time period displays social discrimination. When Abner reaches the home of a family he will be renting farmland from, the black man at the door states: Wipe yo foots, white man, fo you come in here. Major aint home nohow. Abner replies with, Get out of my way, nigger and wipes his muddy feet on a rug (Faulker 191). In the 1930s blacks were still in the minority. Perhaps walking into a home full of chandeliers put Abner back into his place, a place that is no better than the minority, and caus ed him to become even more out of control. Many of Abners actions act as symbols in the disclosing of Faulkners theme, beginning with the most occurring, fire. Abner builds fires at night while the family is in the process of moving. These fires are described as a small fire, neat, niggard almost, shrewd fire; such fires were his fathers habit and custom always, even in freezing weather (Faulkner 189). The fires Abner would build while the family was moving would be small, which was out of the ordinary for him. Not only the reader begins to wonder why he would do this, but also Colonel Sartoris. Faulkner states that if he were older the boy might have remarked this and wondered why not a big one (189). After seeing his father start so many fires, which resulted in big disasters, Colonel Sartoris cannot understand why his father would want to build such a small fire. Later, it is revealed that the element of fire spoke to some deep mainspring of his fathers being, as the element of steel or of powder spoke to other menà ¢Ã¢â€ š ¬Ã‚ ¦ (189). This suggests that fire is a symbol of Abners control. He is able to control the size, place, and how long the fire burns, whereas, he is not able to control his own anger. A second symbol in the story involves all of the broken items in their wagon. Faulkner writes, the battered stove, the broken beds and chairs, the clock inlaid with mother-of-pearl, which would not run (188). All of the broken items together symbolize the brokenness of the family. Everyone is the family is trying to stay loyal to Abners deceit and as a result they become unaware of the fact that they can be happy as a family. More specifically, the broken clock could symbolize Abners control over the every member of the familys life. Neither are they able to move forward with their lives, nor are they able to remember happiness from their life before. With Abners actions, the family must try and make it through each day without having to be sent out of town or possibly visiting their father/husband in jail. Instead, the family is stuck trying to make the best of their controlled lives. Another symbol in the story is blood. This, however, is not an ordinary literary symbol. Blood represents family, which is obvious to the reader, but has a more revealing meaning when the term is linked to the Snopes family. In the beginning of the story, the reader experiences Colonel Sartoris agony as he sits before a judge, hungry, with the smell of food in the air. Despite his hunger, the smell of meat and cheese is over powered by the smell of à ¢Ã¢â€š ¬Ã‚ ¦old fierce pull of blood (186). This symbolizes the bond between Colonel Sartoris and his father. It is obvious that the boy feels as though the bond and loyalty of family is important because even though he is hungry and the reader can assume he has not eaten in several days, the only thing on this young boys mind is keeping his father safe. While other children would be sitting at a dinner table with their family, Colonel Sartoris (and the rest of his family) is stuck in a courthouse having to lie to get Abner out of trou ble, because at this time, the familys first priority is loyalty to their father. One reason for Colonel Sartoris oath of loyalty to his father may be a reaction to his fathers threatening words. Abner tells him, You got to learn to stick to your own blood or you aint going to have any blood to stick to you (189). Abner is threatening Colonel Sartoris by telling him if he is not devoted to his own blood, he will either be left behind with no one at all, or be the cause of his father to be taken away or even his death. The third and most revealing of the literary elements is character. It can be argued that Abner is the protagonist and the antagonist in this situation is undoubtedly Abners son, Colonel Sartoris. However, as the story starts, this is not obvious to the reader, or to his Abner. Faulkner writes, He aims for me to lie, he thought, again with that frantic grief and despair. And I will have to do hit (187). Colonel Sartoris obviously knows lying is the wrong thing to do, but is pressured into it by his fathers comments and swats. When he seems as though he wants to tell the truth, his father will hit him. With Colonel Sartoris being loyal to his father, it is hard to tell that he is actually against what is happening. But when Colonel Sartoris matures, he realizes what his father is doing is wrong and knows he needs to help himself, along with the families his father is tormenting, and finally decides to display his emotions. When he does, the reader and Abner get a glimpse of Colonel Sa rtoris as the antagonist. Faulkner states, Hold him, the father said. The aunt made a startled movement. Not you, the father said. Lennie. Take hold of him. I want to see you do it. His mother took him by the wrist. Youll hold him better than that. If he gets loose dont you know what he is going to do? He will go up yonder. He jerked his head toward the road. Maybe Id better tie him (196). It is obvious that Abner has now realized that Colonel Sartoris has decided that his actions are unacceptable and is planning on revealing his actions to the judge, families he has betrayed, and families he will betray. Another arguable point when it comes to characterization is that the roles of Abner and his son, Colonel Sartoris, can be switched. In this case, Abner is the antagonist because he is keeping his family from living a normal life and, as mentioned before, from moving on with time. Abner moves his family from place to place, and does not carry with him a good reputation, which reflects on the whole family. Colonel Sartoris, as the protagonist, has a goal of living a better life and looking forward to a brighter future. His father, nonetheless, interrupts his thinking. Faulkner states, They walked beside a fence massed with honeysuckle and Cherokee roses and came to a fate swinging open between two brick pillars, and now, beyond a sweep of drive he saw the house for the first time and at that instant he forgot his father and the terror and despair both, and even when he remembered his father again (who had not stopped) the terror and despair did not return. Because, for all the twelve movings, they had sojourned until now in a poor country, a land of small farms and fields and houses, and he had never seen a house like this before (190). Colonel then begins thinking this family will be safe from his father (190). Colonel Sartoris could perhaps be wishing that he and his family was safe from his own father. At this point, the reader can conclude that Colonel Sartoris is a round character who evolves from feeling obligated to keep a promise to his father to caring more about himself and his future. In the end, Colonel Sartoris finally runs away and does not look back. In conclusion, Faulkner is able to express many different aspects of family throughout the story Barn Burning. He stresses the significance if sticking together through hard times and the importance of what it actually means to be a family. However, through the use of these three important literary elements, Faulkner is able to illustrate the line between loyalty to a wrongful family member and loyalty to oneself.

Starch Hydrolysis Of Amylase

Starch Hydrolysis Of Amylase The purpose of experiment is to observe amylase enzyme in different environment and detect of each environment by helping colour changes. Enzymes are biological molecules that catalyze many different chemical reactions. With few exceptions, all enzymes are proteins and each enzyme is specific to a certain chemical reaction. Enzymes must maintain a specific three dimensional structure in order to function properly. If an enzymes structure is altered (by heat or harsh chemicals) it may not function at all. This breakdown (denaturation) of an enzymes structure may be fatal Amylase Enzyme Amylase, which is commonly found in saliva and germinating seeds. It catalyzes the breakdown of starch. When amylase reacts with starch, it cuts off the disaccharide maltose (two glucose molecules linked together). As the reaction progresses, less starch will be present and more sugar (maltose) will be present.The activity of amylase can be observed by using iodine.Because iodine reacts with starch to form a dark brown/purple color. As amylase breaks down starch, less and less starch will be present and the color of the solution (if iodine is added) will become lighter and lighter. The color change was observed using spot-plates as illustrated on the diagram below. Amylase activity was observed under four different treatments: effect of temperature effect of pH effect of substrate concentration effect of enzyme concentration The Effects Of Temperature Amylase is an important metabolic enzyme. Its function is to catalyze the hydrolysis of starch into glucose. At high temperatures, Amylase becomes denatured, denatured amylase no longer catalyzes the hydrolysis of starch into glucose. EFFECT OF pH: Based on these results, what is the optimal pH for amylase? Is this optimal pH considered acidic, basic/alkaline, or neutral? Why does the activity decrease when the pH is too low or too high? APPARATUS -Starch -Amylase Enzyme -KH2P04 -Na2HP04 -HCI -Heater -Beaker -Falcon tube -Spectrophotometer -Iodine PROCEDURE 1.0.27 g KH2P04 buffer solution PH 5 was prepared with 20ml 2.0.27g KH2P04 PH6 was prepared with 20ml 3.0.27g KH2P04 PH7 was prepared with 100ml 4.0.282g Na2HPO4 PH8 was prepared with 20ml 5.0.282g Na2HP04 PH9 was prepared with 20ml 6.20g Starch was also prepared with 50ml cold water 7. To test amylase activity with PH difference,5ml starch ,5ml buffer(PH5,6,7,8,9 is used each) and 1ml amylase were mixed each other. 8.10min later,0.5ml prepared sample was put into 5ml HCI. 9.At 620nm ,the results were measured at spectrophotometer. 10. Second part temperature effect,5ml starch ,5ml PH7 buffer and 1ml amylase were mixed. 11.Prepared sample was put into different temperature 30,50,70 and 90C. 12.10 min later,5ml HCI was put into 0.5 ml prepared sample. 13.2-3 min later,5ml iodine was added into 0.5ml new sample 14.Absorbance of each was measured at spectrophotometer. OBSERVATIONS In this experiment,we tried to create different environment to examine amylase enzyme activity.The environment differences could be provided by PH differences.Therefore we prepared different medium also different pHs.K2.The graph was gained fÄÂ ±om our results.One of them is a graph that related to amylase activity at different PH.The other one is rela ted to amylase activity at different temperatures at constant PH.With K2HPO4 PH 5.6and 7 were prepared and with Na2PO4 8and 9.Each preparation procedure was applied.5ml starch ,5ml buffer,1ml amylase were added each other and then waited 10 min.After 10min,5ml HCI was added into 0.5 ml sample mixture.In a same way,the mixture for temperature observation was prepared pH 7.And added iodine to end of procedure. Absorbance results were taken from spectrophotometry.This measurement was at 620nm. pH buffer sample with amylase 0.074 0.027 0.026 0.043 0.074 According to the results, The smallest one can be think as a best one.How much enzyme is used is more essential point.If it is less one ,it means starch can not be used adequately.High starch amount means that complex amount is also high.The opposite one shows best activity amylase at smallest concentration.The colour is more light,smaller absorbance could be think as best amylase activity. Temperature sample with amylase 0.064 0.006 0.192 0.130 At 30C the colour is slightly orange. At 50C the colour is extra light like iodine colour. At 70C the colour is slightly purple. At 90C the colour is more purple than at 30C one like orange-purple.At constant PH ,the small concentration ,at 50C.Because small absorbance formed by small complex.It means that amount of starch was decreased also.Best activity is 50C at constant PH. RESULTS Our aim is to be related to activity of amylase.To detect it, we prepared different PH from KHP04 and Na2HP04 by adding acid or base. Usage both of them is related to interval of buffer.After preparation buffer,we measure absorbance at spectrophotometry.At different PH absorbance give also different concentration.If amylase enzyme concentration with sample is small, it means enzyme is used complex is more small so activity of ezyme is best one in there.At different PHs ,smallest concentration is at PH 7.And then we did second part of experiment by using PH7.The chosen of PH7 is related to observation best amylase activity at first part.At PH7 we took sample with amylase enzyme concentration at different PHs.The smallest concentration is at 50C in second part.The concentration is 0.006.The colour is more light like iodine colour.Starch is used with amylase and therefore complex colour is more light also.The amylase enzyme activity is best one at 50C.This measurement is done at 620nm. DISCUSSION AND CONCLUSION Why is measured at 620nm ? Why HCI is used for preparation ? What does Light color mean?How does more heat affect rxn? During experiment ,we want to distinct purpose of experiment by answering these question.In this experiment,we related to effect of different buffer and temperature.We prepared buffers at different PH.KH2P04 was prepared for PH 5 ,6 ,7and Na2HP04 for 8and 9.In first part , at constant temperature (room temperature) sample with amylase concentration was measured.At PH 7,we measured the smallest one.Small concentration means less complex less starch and enzyme is used enzyme activity is high.Our result from measurement at PH 7 is 0.026.As a second part ,constant PH,temperature was changed and then observed the effect of it.At 50 C ,smallest absorbance ( 0.0060 )was found and the colour was extra light.It means more less complex there.In this experiment ,iodine is used to detect starch molecules by observing color change.Iodine and starch were combined and then formed c omplex.The another point is why HCI is used.The acid stops the enzymatic reaction and iodine reacts with starch to produce blue color.Activity of enzyme is also essential.It can be used for denaturation detection.Starch reacts with iodine which is yellow to form blue compound Amax=620nm.The intensity of the blue color can be quantified spectrophotometrically by measuring its absorbance at 620nm.

Interview Essay - Mary Goddard -- Interview Essays

Interview Essay - Mary Goddard Mary "Lallie" Goddard was born on December 28, 1922, in New Mexico. She has two daughters and two grandchildren, one boy, one girl. She enjoys exercising regularly and volunteering her time with others. Lallie Goddard defines happiness as being content. She says that this definition has changed over time. "With so many things been thrown at you through the course of your life, you learn to be content. I have my favorite things around me. My mother could take having things thrown at her, so I learned from her." When asked how she knows when she is happy, she said, "I really only know when I am unhappy. I look forward to getting up early and staying occupied, and I volunteer as a mentor." Because she doesn't like to burden people, she will go to the fitness center and exercise when she feels unhappy. Exercise is an important activity for Lallie and it contributes to her happiness. She usually goes to the fitness center at 7:00 am and enjoys interacting with the people there. Lallie said that it makes her unhappy when something is disturbing her children or grandchildren. She has two daughters and two grandchildren: one boy and one girl. She says that other people's attitudes don't affect her sense of happiness, but they do affect her disposition. Lallie's childhood truly influenced her sense of happiness. "I had a wonderful childhood, she said. "I was the only child and I had complete freedom. I was able to roam the countryside of New Mexico on my horse, and I only had to come home to eat. My dad was a lumberman and worked at the sawmill. It was hard to keep a teacher in the sawmill, because they would leave half way through the year. So my mom became my teacher from grades 3 throug... ...do not think the higher power is looking down on me personally. I believe that you create your own heaven, or hell on earth, and that there is no afterlife." Lallie's advice for achieving happiness was this, "Find something that you enjoy, some kind of work. Money is not necessarily the thing to pursue. You should aim for the things that you enjoy the most, and hopefully you will find your niche. A good example would be your professor Kathy Hodge - she really enjoys teaching!" And finally, when asked to summarize her philosophy on life, Lallie replied, "Whatever you do in life do the best you can. The end result will be that you are happy. Do not be so self-critical or else you'll drive yourself crazy." Lallie was a kind soul. Talking to her was like talking to a good friend. I enjoyed and agreed with her outlook on life. I would be proud to be her friend. Interview Essay - Mary Goddard -- Interview Essays Interview Essay - Mary Goddard Mary "Lallie" Goddard was born on December 28, 1922, in New Mexico. She has two daughters and two grandchildren, one boy, one girl. She enjoys exercising regularly and volunteering her time with others. Lallie Goddard defines happiness as being content. She says that this definition has changed over time. "With so many things been thrown at you through the course of your life, you learn to be content. I have my favorite things around me. My mother could take having things thrown at her, so I learned from her." When asked how she knows when she is happy, she said, "I really only know when I am unhappy. I look forward to getting up early and staying occupied, and I volunteer as a mentor." Because she doesn't like to burden people, she will go to the fitness center and exercise when she feels unhappy. Exercise is an important activity for Lallie and it contributes to her happiness. She usually goes to the fitness center at 7:00 am and enjoys interacting with the people there. Lallie said that it makes her unhappy when something is disturbing her children or grandchildren. She has two daughters and two grandchildren: one boy and one girl. She says that other people's attitudes don't affect her sense of happiness, but they do affect her disposition. Lallie's childhood truly influenced her sense of happiness. "I had a wonderful childhood, she said. "I was the only child and I had complete freedom. I was able to roam the countryside of New Mexico on my horse, and I only had to come home to eat. My dad was a lumberman and worked at the sawmill. It was hard to keep a teacher in the sawmill, because they would leave half way through the year. So my mom became my teacher from grades 3 throug... ...do not think the higher power is looking down on me personally. I believe that you create your own heaven, or hell on earth, and that there is no afterlife." Lallie's advice for achieving happiness was this, "Find something that you enjoy, some kind of work. Money is not necessarily the thing to pursue. You should aim for the things that you enjoy the most, and hopefully you will find your niche. A good example would be your professor Kathy Hodge - she really enjoys teaching!" And finally, when asked to summarize her philosophy on life, Lallie replied, "Whatever you do in life do the best you can. The end result will be that you are happy. Do not be so self-critical or else you'll drive yourself crazy." Lallie was a kind soul. Talking to her was like talking to a good friend. I enjoyed and agreed with her outlook on life. I would be proud to be her friend.

Crusaders against the Wrong Choices Essay -- Students Drunk Driving Or

Crusaders against the Wrong Choices Drinking and driving has been a growing problem in our country and will most likely get worse before it gets better. According to http://www.madd.org, 41% of all traffic accidents in the country are alcohol-related. In 2002, this added up to a grand total of 17,419 deaths caused by somebody getting behind the wheel of a car while under the influence of alcohol (MADD). Naturally, statistics such as these, if the were presented effectively, would probably make quite a large number of people want to do something about the unnecessary deaths across the country. That’s where SADD comes in. SADD is a national student organization. When it was first founded in 1981, it was called Students Against Driving Drunk. Since then, the organization has expanded its cause and has now changed its name to Students Against Destructive Decisions (SADD). According to the official website http://www.saddonline.com, the mission of this organization is â€Å"to provide students with the best prevention and intervention tools possible to deal with the issues of underage drinking, other drug use, impaired driving and other destructive decisions.† The organization’s original mission is to help students say â€Å"no† to drinking and driving. Today, that mission has grown to focus on all substance abuse rather than just drinking and driving. SADD has a national office that provides support for chapters across the country. A chapter is a branch of SADD that is typically centered in a school. However, there are also chapters in churches, youth groups, and community centers. Each chapter is basically its own separate organization that decides on its own activities and actions. Organizati... ...e facts and statistics that something should be done about the growing number of alcohol, drugs, and crime problems throughout our country. In summation, there are a number of well-run, carefully constructed websites that deal with the cause of prevention of drunk driving among other â€Å"destructive decisions.† As a collective group, they are very effective in delivering their message, in referring to each other, and in providing ways for people to get involved. Works Cited: Florida Peer Education Office. â€Å"Florida SADD.† 2003. Last Access 09 Oct 2003. SADD National. â€Å"Welcome to SADD.† 2003. Last Access 09 Oct 2003. Mothers Against Drunk Driving (MADD). â€Å"MADD- More than twenty years of making a difference.† October 2003. Last Access Last Access 09 Oct 2003.

Problem Areas in Legal Ethics Essay

Seeing as Wendy and Ben are both well provided for in Manuel’s will, and that their respective legitimes are protected under Articles 892, 894, and 897 of the New Civil Code, contesting the will simply to deprive Cora of Manuel’s bequeathal may be considered frivolous. For Louie to advise Wendy to sue based on unfairness may not be enough to justify the amount of time and energy that Wendy may expend in contesting Manuel’s will, a feat that may not prosper in the first place. Art. 892. If only one legitimate child or descendant of the deceased survives, the widow or widower shall be entitled to one-fourth of the hereditary estate. In case of a legal separation, the surviving spouse may inherit if it was the deceased who had given cause for the same. If there are two or more legitimate children or descendants, the surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children or descendants. In both cases, the legitime of the surviving spouse shall be taken from the portion that can be freely disposed of by the testator. (834a) Art. 894. If the testator leaves illegitimate children, the surviving spouse shall be entitled to one-third of the hereditary estate of the deceased and the illegitimate children to another third. The remaining third shall be at the free disposal of the testator. (n) Art. 897. When the widow or widower survives with legitimate children or descendants, and acknowledged natural children, or natural children by legal fiction, such surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children which must be taken from that part of the estate which the testator can freely dispose of. (n) In each of the instances in the articles reproduced above, Wendy will be well provided for in relation to Ben’s legitime, regardless of how he is recognized in relation to Manuel’s will. Louie may withdraw his legal services under Canon 22. 01(e) of the Rules of Professional Conduct. Canon 22 – A Lawyer Shall Withdraw His Services Only For Good Cause And Upon Notice Appropriate In The Circumstances. Rule 22. 01 – A lawyer may withdraw his services in any of the following case: (e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement; Seeing as Wendy finds his standard fees unreasonable, and that she is not indigent (which would qualify her to demand equal treatment under Canon 14 and Rule 14. 4), that is, she is capable of paying his fees, there can be no reason for him to be stopped from removing himself from the case. Canon 14 – A Lawyer Shall Not Refuse His Services To The Needy. Rule 14. 04 – A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients. Similarly, there is nothing unfair or unreasonable regarding Louie’s fees as this is his standard service fee. There is absolutely no reason to be entangled in a situation enunciated in Canon 20. 04. Canon 20 – A Lawyer Shall Charge Only Fair And Reasonable Fees. Rule 20. 04 – A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition, injustice or fraud. Of course, Louie cannot invoke, as a reason for charging Wendy his fees, that the case would take too much of his time and skill as an attorney. Santiago vs. Fojas is specific in stating that a lawyer who accepts a case should â€Å"serve his clients with competence and diligence, and champion the latter’s cause with whole-hearted fidelity†¦Ã¢â‚¬  Manuel’s will meant for P500,000. 0 to be given to Cora. If Wendy litigates for its recovery with the promise to turn over the same to Louie, it defeats the purpose of said money as inheritance. Clearly the money was meant for someone else. Louie would appear to be fighting in court for his interests rather than that of Wendy’s alleged better right over Cora to the money. More importantly, such an agreement would constitute a champertous contract, which, as defined in Bautista vs. Gonzales: An agreement whereby an attorney agrees to pay expenses of proceedings to enforce the client’s rights is champertous [JBP Holding Corp. v. U. S. 166 F.  Supp. 324 (1958)]. Such agreements are against public policy especially where, as in this case, the attorney has agreed to carry on the action at his own expense in consideration of some bargain to have part of the thing in dispute [See Sampliner v. Motion Pictures Patents Co. , et al. , 255 F. 242 (1918)]. This would not constitute a contingency fee, which is defined in Taganas vs. NLRC: A contingent fee arrangement is an agreement laid down in an express contract between a lawyer and a client in which the lawyer’s professional fee, usually a fixed percentage of what may be recovered in the action is ade to depend upon the success of the litigation. This arrangement is valid in this jurisdiction. It is, however, under the supervision and scrutiny of the court to protect clients from unjust charges. Section 13 of the Canons of Professional Ethics states that â€Å"[a] contract for a contingent fee, where sanctioned by law, should be reasonable under all the circumstances of the case including the risk and uncertainty of the compensation, but should always be subject to the supervision of a court, as to its reasonableness†. Likewise, Rule 138, Section 24 of the Rules of Court provides: Sec. 4. Compensation of attorneys; agreement as to fees. — An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the importance of the subject-matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the amount to be paid therefor unless found by the court to be unconscionable or unreasonable. When it comes, therefore, to the validity of contingent fees, in large measure it depends on the reasonableness of the stipulated fees under the circumstances of each case. The reduction of unreasonable attorney’s fees is within the regulatory powers of the courts. A contingent fee is dependent upon a fixed rate agreed upon by both lawyer and client, dependent on the outcome of the case, albeit with a lower rate if they lose than if they win.

Final Exam Study Guide Fall Semester 2012 Essay

Why is it said that the U.S. has a dual court system? There is a federal judicial system and 50 state court systems. What is the meaning of the concept of jurisdiction? A court has the right to hear a particular type of case. What is the meaning of the doctrine of â€Å"presumption of validity?† Courts must assume that, unless the burden of the evidence is clearly to the contrary, legislatures would not enact or executives sign into law measures which violate the constitution. What is the meaning of the term â€Å"stare decisis?†? Legal term meaning let the decision stand. Establishes precedents stand unless overruled. Judges may overrule if they have compelling reasons to establish new precedents. What is the difference between a misdemeanor and a felony? An anti-social conduct that is relatively minor is called a misdemeanor. A felony is a disorderly conduct that is more severe. What happens in the event of a conflict between a state law and a Federal law or a state law and a U.S. treaty? Federal law overrides state law any day. What is meant by â€Å"judicial activism?† Interpretation of the constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decision. â€Å"Judicial self-restraint?† a self-imposed limitation on judicial decision making How are Federal judges chosen? Federal judges are nominated by the president and voted on by the senate. What is the term of a Federal judge? Term ends when justice dies. Why has the U.S. Senate Judiciary Committee come under fire for the manner in which it â€Å"screens† appointees to the U.S. Supreme Court? Justices are declined if they politically go against the senate. Why did the committee reject Judge Robert Bork as a Supreme Court justice? He did not politically agree with the democratic run senate. What does it mean that Senators Joe Biden, Ted Kennedy and Howard Metzenbaum â€Å"borked† a Supreme Court nominee? They voted against a justice because of their political party. What was the nature of the political uproar over the nomination of Clarence Thomas to be a Supreme Court justice? He was accused of sexual assault. Who is Anita Hill? A law professor who accused Clarence Thomas of sexual assault. What are the provisions of Article III of the U.S. Constitution regarding the Federal judiciary? It establishes the judicial branch of the federal government. It establishes jurisdiction between the courts based on subject matter or the nature of the parties. It declares that the power of judicial power of the United States shall be vested in one supreme court. There is no specific provision anywhere in article III giving Federal courts the power of judicial review. What was the importance of Marbury v. Madison? The case that established judicial review. What is judicial review? Review by the Supreme Court of the constitutional validity of a legislative act. What, if anything, can be done to overturn a U.S. Supreme Court decision? Nothing can be done unless it involves amending the constitution, or if the court rules on something that contradicts a previous ruling. Who controls the Supreme Court’s docket? The supreme court itself does. What is the â€Å"rule of four?† The supreme court only hears cases if it grants a writ of certiorari. Where consent of four justices are given. What is a writ of certiorari? A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case. What is the primary role of the U.S. Court of Appeals? To hear and dispose of the vast majority of cases appealed from the district courts. What are U.S. District Courts? General trial courts of the united states federal court system that hears both civil and criminal cases. When would a Federal District Court have jurisdiction in a case? If a case involved crimes against the united states, suits under national laws involving use of the mails, patent, copyright, trademark and other such technical matters and civil rights laws. What is the difference between a â€Å"petit† and a â€Å"grand† jury? Petit juries have 12 members who decide, based on evidence, if the defendant is guilty or not guilty. Grand juries indict people. Its functions is to decide if the government has a case or not. How are they chosen? Through a jury pool from those serving jury duty. What are their respective functions? To decide if the government has a case, and to decide if the defendant is guilty or not guilty. Also if a person has won or lost a lawsuit. How do cases reach the U.S. Supreme Court? Through appellate and original jurisdiction. Mostly from appeals though sent from the court of appeals. Under what limited circumstances may the U.S. Supreme Court exercise original jurisdiction? When it accepts a suit if it feels a compelling reason to do so. Who determines the appellate jurisdiction of the U.S. Supreme Court? What are some of the political and ideological considerations involved in U.S. Supreme Court appointments? Generally their party affiliation and how they interpret the constitution. Does race, gender, religion, ethnicity matter in a President’s nomination of a Supreme Court justice? Yes. Who are the present nine justices of the U.S. Supreme Court? What are their backgrounds? John G. Roberts Jr., Antonin Scalia, Anthony M. Kennedy, Clearance Thomas, Ruth Bader Ginsburg, Steven G. Breyer, Samuel Anthony Alito Jr., Sonia Sotomayor, and Elena Kagan. RELIGION Why did the authors of the Bill of Rights put religious freedom first in the First Amendment? It is more of an article of peace. It was mainly to remove religion from politics. What are the â€Å"wall of separation† and â€Å"accommodationist† positions on the Establishment Clause? Wall of separation believes that church and state should be entirely separated. No affiliation between the two. Accommodationists believe that no religion should be favored, but all should be accommodated. Why have Americans had fewer problems with the â€Å"Free Exercise† Clause than with the â€Å"Establishment† Clause? Free Exercise clauses are only in effect if the religions practices don’t get in the way of any laws. Establishment clauses include clauses that excuse kids from school to go to church, this was very controversial because atheist children were left out. Much more controversy in establishment clauses. What are some of the issues raised by groups like the Amish (Wisconsin v. Yoder), Jehovah’s Witnesses and other religious minorities regarding interpretation of the â€Å"Free Exercise† Clause? These allowed laws to be bent for people of certain religions. Wisconsin v. Yoder allows Amish children to be excused from school at 8th grade vs. the age 16. Jehovah’s Witnesses are allowed to be exempt from the draft due to their pacifism. Why did the U.S. Supreme Court rule against prayer in the public schools in the New York Regents prayer case (Engel v. Vitale, 1962)? It was said that New York could not write prayers. It is unconstitutional to do so. What was the nature of Madalyn Murray’s objections to the Maryland school prayer/Bible readings law? Her son was left out. Also she was athiest and she viewed the bible as merely a storybook. Why did the Schempp family object to the Pennsylvania law? They felt it was in direct violation of the establishment clause in the first amendment, also it theologically went against the Schempp’s Unitarian views. What did the Supreme Court rule in the companion Murray-Schempp decision of 1963? It ruled 8-1 striking down both the Pennsylvania and Maryland laws requiring prayer. Under what circumstances may students have prayer at their high school graduation ceremonies? As long as it’s student-led and is non-sectarian. May students form prayer and Bible study groups and use public school facilities for their meetings? Yes. What was the Equal Access Act of 1984? It required public secondary schools to allow religious groups to meet on school property if other groups exist. Even if one group is allowed to use the facilities, the school becomes a limited open forum where all groups can use the facilities. What did the Court rule when it was challenged in the 1990 Mergens case? 8-1 upholding the law. May public college officials deny use of campus facilities to religious groups for Bible study and prayer meetings? No, it is discriminatory. One of the most controversial areas is that of â€Å"parochiaid,† or state aid of various types to parochial schools. What three-part test did the Supreme Court devise in Lemon v. Kurtzman? It was called the Lemon Test where there must be a secular purpose rather than a religious purpose, the law cannot advance or inhibit religion, and government cannot be entangled in it. What was the fate of the law, challenged in Lemon, authorizing partial payment (secular subjects only) of teachers’ salaries in parochial schools? It was stricken down. May state and local school districts finance bus rides for children attending non-public schools (Everson v. Board of Education of Ewing Township, NJ, 1947)? Yes. What is the â€Å"child benefit theory?† The law aids the school child rather than a particular religious group. What did the Court rule in June, 2002, in the landmark Cleveland, Ohio, School Voucher Reform Case, Zelman v. Simmons-Harris? It held that 5-4 that Cleveland program did not offend the establishment clause. Can public school students, on parental request, be released from class to attend religion classes, conducted on public school property, during the school day, where the program is supervised by public school administrators (McCullom v. Champaign, Ill., Board of Education)? No, it is not viewed to be abiding by separation of church and state laws. Can students, on parental request, be dismissed from classes to attend churches or synagogues, as part of a program of religious education in public schools (Zorach v. Clauson)? Yes. Under what circumstances are courts likely to uphold or declare unconstitutional nativity displays on public property at Christmas time? Whether or not other religious symbols are there to balance it, also secular symbols like Rudolph the Red-Nosed Reindeer. What did the Supreme Court rule in Donnelly v. Lynch? It upheld the nativity scene on the basis that both religious and secular symbols. County of Allegheny, Pa. v. ACLU? The court concluded that the nativity scene with the words â€Å"glory in the highest† was promoting Christian religion, but the menorah was okay. In the area of free exercise of religion, can children of Jehovah’s Witnesses be expelled from public schools for refusal to salute the American flag? Yes. Why do the Witnesses object to flag salutes or standing for the national anthem? They believe it violates one of the 10 commandments. What did our highest court rule in Minersville, Pa., School District v. Gobitis? 8-1 stating that one could not refuse to pledge allegiance to the flag. West Virginia State Board of Education v. Barnette? The court reversed itself, saying it was okay to excuse one’s self from saluting the flag or standing at the national anthem due to religious beliefs. How did the Supreme Court broaden the rights of conscientious objectors during the Vietnam War? It allowed any passifists who were against not only one war, but all wars to be exempt from the draft rather than just religious passifists. What did the Court rule in the Seeger, Welsh and Gillette cases? Seeger ruled that a belief in a traditional God or religion was unnecessary in order to be exempt. Welsh held that humanistic conviction was equivalent to religion. In Gillette held that one must be opposed to all wars in order to be exempt. What did the Court hold in the Mormon polygamy case (Reynolds v. U.S.)? They ruled against it. Polygamy is illegal in Utah. Why did the Roberts Court grant a religious exemption from some civil rights laws in Hossana-Tabor v. E.E.O.C. (2012)? The separation between church and state allows this. EXPRESSION (SPEECH AND PRESS) There are a number of theories about how the First Amendment’s free speech and press guarantees ought to be interpreted. What is the â€Å"absolutist view,† held by the American Civil Liberties Union (ACLU) and the late Justices Hugo Black and William O. Douglas? They rejected line-drawing, what the law says goes in a literal sense. â€Å"when it says no law, it means no law. The â€Å"two-tier theory,† associated with the late political philosopher Alexander Meiklejohn? The press may say anything about the government. The â€Å"line-drawing† position, held by most judges? Establishing a number of standards to guide them between permissible and impermissible forms of free expression. What is meant by the â€Å"preferred freedoms† concept? First amendment freedoms should be given potential treatment by the court because they are essential in a democratic society. What is â€Å"commercial speech?† Speech done on behalf of an individual or a co mpany in order to produce a profit. Why did John Stuart Mill oppose censorship in his classic work, On Liberty? John Stuart Mill believes that the majority should not always influence the minority because if the majority is wrong, then the truth goes unheard, but if the majority is right, then the minority doesn’t understand why they are wrong. What is the argument against the suppression of ideas that we find not only unpopular, but even hateful? All ideas must be allowed, even if those ideas are sexist, racist, or angering. If, as judges say, the line must be drawn somewhere and free expression is not an absolute value, then what guidelines have they used to draw that line? Anything can be said, even violent things, as long as there is no evidence of intention to commit lawless acts. The right to swing your arms ends right as my nose begins. What is the â€Å"clear and present danger doctrine† (Schenck v. U.S.)? Enacted during WWI which created the Espionage act, where nobody could say anything that interfered with allied war efforts like encouraging young men to dodge the draft, or any other armed forces recruiting. The â€Å"evil tendency test† (Gitlow v. New York )? The government does not protect the expression which created a tendency toward illegal actions. The â€Å"clear and probable danger test† (Dennis v. U.S.)? The law prohibited the advocacy to overthrow the U.S. government and the conspiracy as well. What did the Supreme Court rule in the Smith Act cases of the 1950s? it is illegal to violently overthrow a government. 70 communists were convicted after this was established. What was the significance of Yates v. U.S.? Mere theoretical advocacy to overthrow the U.S. government by force and violence was a judicially protected right. What is the difference between liberty and license? Liberty means freedom under law ( the right to do something as long as nobody is hurt.) License is an abuse of liberty( such as libelous publication or slanderous speech). What is meant by the doctrine of â€Å"no prior restraint† on publication? A doctrine that states that published material does not have to be pre-screened in order to be published and viewed by the public. What was the significance of Near v. Minnesota? The court ruled that the press gag law was unconstitutional due to the fact that it restricts freedom of the press. New York Times-Washington Post v. U.S.? These newspapers published pentagon papers that were a study of the U.S. decision making in the Vietnam War. It embarrassed the President and the government. This resulted in the lifting of the district court’s restraining order on the press due to the failure to prove that publication of the documents jeopardized national security. How and when can First Amendment values collide with those of the Sixth Amendment? The right of the defendant in a criminal case to a fair trial by an impartial jury of his or her peers. Sometimes, judges have concluded, the press has cond ucted trial by newspaper. What are restrictive orders, called â€Å"gag orders† by the media? The court’s force of the media to withhold certain information from being published for varying circumstances that may hinder a current court case or could cause damage to someone’s (possibly the government’s) reputation What steps can trial judges take to protect the rights of the accused? Through â€Å"right to reply laws†, closing court rooms to the media, and implementing gag orders on certain subjects. Do reporters enjoy a â€Å"privileged† relationship with their sources? The supreme court says no, but there are shield laws that allows reporters to withhold certain information. What is the meaning of the phrase â€Å"burning the source?† Giving up the identity of a journalist’s source so that person can be questioned in court. Can reporters be held in contempt of court and jailed for refusal to turn over notes, tapes, or to offer testimony when so ordered (Branzburg v. Hayes)? Yes What, in theory, is the problem with â€Å"shield laws?† Some believe that it is a mistake to let the government grant immunity, this implies that the state can also withdrawal it. Can judges close their courtrooms to the press and public during preliminary proceedings (Gannett v. DePasquale)? Yes. Can judges close down a trial itself, excluding media and public (Richmond Newspapers v. Virginia)? No, the right to attend criminal trials is implicit in the grantee of the first amendment. Do television cameras in the courtroom prevent the defendant from receiving a fair trial? Sometimes, in the pre-trial stage, the jury is permeated with information about the case that will not allow a fair trial. What did the Supreme Court rule in Estes v. Texas and Chandler v. Florida? The overturning of the swindling conviction of petitioner Billy Sol Estes, holding that his 14th Amendment due process rights were violated by the publicity associated with the pretrial hearing. For Chandler v. Florida Canon cameras and electronic media are permitted in the judicial proceedings subject to the control of the presiding judge. When are TV cameras permitted in the courtroom today? Always, but it can be taken away by the presiding judge’s accord. What is the situation with respect to Federal courts? Cameras are not allowed in federal courts. Do political candidates have the â€Å"right to reply† to editorial attacks by the media? Yes. What happened to the Florida law giving them such a right when it was challenged in Miami Herald v. Tornillo? It was immediately stricken down because a newspaper involves a â€Å"crucial process† of editorial judgment that may not be regulated by the state. What is meant by â€Å"symbolic free expression?† Expressing ideas by silent, non-verbal communication. What did the Supreme Court rule in the draft-card burning case (O’Brien v. U.S.)? It was criminally illegal. Tinker v. Des Moines? Wearing black arm-bands in protest of Vietnam could not be outlawed because this form of expression is silent and caused little disruption. Do Americans have the right to burn the flag? Currently, Yes. What did the Supreme Court rule in Texas v. Johnson? It is legal free speech to desecrate a flag. U.S. v. Eichman? Flag desecration is a form of constitutional free speech. What was the fate of the Flag Protection Amendment? It fell 1 vote short with 66 for and 34 against. Only 3 republicans opposed it. How did Senators Barack Obama and Hillary Clinton vote on the measure? They both opposed the amendment. What are â€Å"fighting words?† Inflammatory speech inviting violence, which are not protected by the 1st and 14th amendments. Calling a policeman a fascist is an example. What is â€Å"hate speech?† Speech that arouses anger, alarm, and resentment toward others on the basis of race, gender, creed, color, and religion. What did the Court decide in R.A.V. v. City of St. Paul (1992) and Virginia v. Black (2003)? Supreme court ruled that the city statute against cross burning is unconstitutional, it interferes with free speech rights. For Virginia v. Black, the court ruled that making a law against cross burning is not unconstitutional, but cross burning cannot be considered prima facie evidence of intent to discriminate. What did the Supreme Court rule in Snyder v. Phelps in 2011? Speech on the sidewalk about a public issue cannot be liable for a tort of emotional distress, even if the speech is outrageous. Court ruled 8-1 about it. Should free speech include the right to carry signs reading â€Å"God Hates Fags,† â€Å"Thank God for Dead Soldiers,† â€Å"Thank God for 9-11?† No. Have some universities, such as the University of Michigan and University of Wisconsin, gone too far in banning offensive speech (ethnic and racial slurs), according to the Federal courts? Yes, they are in violation of the first amendment. What is libel? Libel is false printed or broadcast statements that intend to damage someone’s reputation. Slander? False statements made by someone looking to damage someone else’s reputation. What are the main elements which must be established to have â€Å"actionable libel?† defamation, identification, publication, and fault. What are the main defenses used by media in libel cases? That freedom of the press is paramount in a democratic society. What was the significance of New York Times v. Sullivan? It set a standard that one cannot sue a newspaper for libel unless one can address that he/she was the defamed party. What is â€Å"actual malice?† libelous remarks with knowledge that the remarks were false, or that there was lack of disregard on whether or not the remark was true. What is â€Å"hot news† (AP.v.Walker)? news that is current and controversial, but not always journalistically accurate. What is the â€Å"prudent publisher rule† (Butts v. Curtis Publishing Co.)? Publishers must follow the professional standards of journalism. This included verification of facts, particularly when the deadline is less than monumental. What part of the Bill of Rights guarantees American citizens â€Å"Freedom of Assembly?† First amendment.m Freedom of Association? First amendment. Can cities require permits for parades, sound trucks and demonstrations? Yes Under what circumstances? To ensure peace and tranquility. Why did the ACLU argue on behalf of the Nazis in the Skokie, Illinois, case? They believed the Nazi’s potential to incite violence among the Jewish community did not warrant oppression of the right to assemble. Why was the Roberts Court’s 2010 decision striking down part of the McCain-Feingold (Citizens United v. Federal Election Commission) so controversial? It allowed corporations to fund ads and movies for and against presidential candidates. How did President Obama react to the decision? He was very mad. He said foreign businesses are going to be funding these commercials now. What impact has this decision had on American elections? It has allowed much more money to be spent on elections. Rich corporations could potentially control an election. What was the impact of the courts striking down the Arizona Citizens Clean Elections Act? It left a lot of people angry. Stating that it was meant to level the playing field, not restrict Free Speech. Those who opposed the law said in a democracy, campaigning is not supposed to be a game.