The case of Radmacher v Granatino [2010] UKSC 42 was a welcome Essay

The case of Radmacher v Granatino [2010] UKSC 42 was a welcome development in the area of financial relief on divorce. Discuss - Essay Example Prior to the discussion, it is relevant to have an insight as pertains to the main issues in the topic of discussion. To begin with, divorce is passed by a court and nullifies the marriage between two married people. Following divorce, the court can provide ancillary relief to either of the parties and depending on the circumstances of divorce and support required by either party. However, there are agreements that are made prior to the marriage (pre-nuptial) or after the marriage (post-nuptial) and their weights are considered while making these rulings. One such ruling is the case in the title where the ancillary proceedings involved an existing pre-nuptial agreement . The case of Radmacher v. Granatino brought a decisive ruling by the court of appeal as pertains to pre-nuptial agreements. The court ruled that if couples divorced and had a pre-nuptial contract, none of the two parties were viable to make financial claims in opposition to the partner if form of proceedings. As pertains to the facts of this court, the contract was binding in August 1998 in German by Mr. Granatino a French man and Ms Radmacher a German. They both lived in London where their children were born in September 1999 and in May 2002 and they later separated in August 2006. Though the law was made in German, the proceedings following divorce were held in English court. It is of paramount importance to note that in English judicial system, pre-nuptial contracts are considered as opponents of public opinion and hence invalid and unenforceable. The courts in England and the United States have since proved it difficult for divorced couples to enforce proceedings as pertains to pr e-nuptial contracts.... Baron J however demoted the relevance of the contract on the grounds that there were no negotiations, Ms Radmacher did not disclose her assets, and Mr. Granatino was not given any legal advice. Moreover she affirmed that it was unfair to deprive Mr. Granatino the claim especially since he was in need of the additional support and also that the two children bound them in the holy matrimony of marriage. However, this case was taken to the supreme and its discretion with reference to4 reviewed. The court of Appeal with reference to the case of Macleod v. Macleod5 held that the husband should be rendered as accountable to the agreement since there were no factors emulating the contrary. This served as a ruling in similar cases pertaining to monetary agreements among divorced couples who had made an agreement prior to their marriage. This case served as a baseline to assess the weight upon which the agreement should be given in deciding the validity of the agreement. This agreement made p rior to marriage is defined as pre-nuptial or ante-nuptial agreement and will be referred to throughout this discussion. With this genesis of the facts and ruling to the case, a discussion will be presented outlining the financial freedom following divorce that has resulted from the ruling in the case of Radmacher v. Granatino6. Discussion In Favor Of Financial Freedom Following Divorce Lack of undue influence is a relevant factor that is considered in cases pertaining pre-nuptial agreements and aids in financial freedom of the plaintiff to litigation. With reference to the case of Mr. Granatino, the court took into consideration the willingness of the parties to enter into a contract prior to their being married to each other. This is used to evaluate in the contract is legally binding

ESC413 - Web Pedagogies (Education) _2 Assignment

ESC413 - Web Pedagogies (Education) _2 - Assignment Example ESC413 - Web Pedagogies (Education) _2 (1) The URL Chosen and Title of the Resource or Tool To comply with the requirements of investigating Online Web Resource and Web 2.0 Learning Tool assessment, the chosen site is the Websites that cater for Design and Technology where NSW HSC Online - Design and Technology is evaluated. The site provides various opportunities for both teaching and learning specifically through an investigation of â€Å"the importance of evaluation, the role of computer-based technologies, management, communication and collaborative design, as well as exploring current and emerging technologies† (HSC Online: Overview, n.d, par. 2). As averred by Groff and Haas (2008), â€Å"social networking technologies help teachers and students extend their learning into an additional space, a space for communicating, collaborating, sharing ideas, and sharing learning† (12). (2) Screen Dumps of the Site The site offers major resources (audiovisuals, excursions, r eferences and other web sites), innovation and emerging technologies, and designing and producing. Audiovisuals, for instance, offers options for designing a chair or dream machines and discussing the social and ethical issues in IT, among others.

What I learned and what i think about the things ive watched Essay

What I learned and what i think about the things ive watched - Essay Example They bring back to life all abandoned neighborhoods, something that gives them enough wages as they await their graduation. Ritz mission is bringing hope and awareness in neighborhoods that have been devalued. He explodes with energy during the presentation hence engaging the audience in the conversation without swaying them from the message. The second video of Majora Carter features three crucial stories. The first story is that of Brenda, who was hired to assist ex-convicts in re-entering the society and preventing them from reconviction. Her solution, in turn, was to establish a business that could manufacture skin products using honey. The program employed seemingly unemployable men converted them, and made them productive citizens. Secondly, Andy Lipkis works to help Los Angeles reduce infrastructure costs that come with urban heat island and water management – linking technology, people and trees to establish a livable city. Trees normally absorb water hence helping to cool the city. Finally, Judy Bonds the coal miner’s daughter saw potential wind energy on a mountain of reduced elevation of over 2,000 feet. She was against removals of mountaintops for mining. This would guarantee clean energy and stimulate development of technical skills and local knowledge on harnessing wind energy. The third video is part of an interdisciplinary seminar series that examines the necessary changes within the system of free market. The tough questions that were tabled include whether capitalism can truly be just and sustainable. This comes at a time when there is global climate change, depletion of resources, inequality and social unrest. The seminar noted that current political and economic models are proving unsustainable. Some of the suggestions put forward for changes include law and public policy, science and technology, consumer behavior, the

London Stock Exchange - Why Invest in Shares Research Proposal

London Stock Exchange - Why Invest in Shares - Research Proposal Example For a while, if we go into the history of stock exchange then, it is to be noted that, it was 11th century in France where the courtiers de change were concerned with maintaining the debts of agricultural communities on behalf of banks. These men could be termed as first brokers. Basic roles of stock exchanges can be outlined as below: This report is all about the importance of the stock market and how trading can be done effectively. It discusses the basic fundamental of the stock market and market variation over time and place. In turn, it explains how trading in stock market changes its behavior in a time frame. In order to make the study realistic, research has been started with an initial account of amount notional 100,000 to invest and manage an active trading policy is followed. Constraints have been put in shares to be bought in multiples of 100 if the price is less than 2 and in multiples of 50 if the price is greater than 2. Debentures and Government stocks, which have a nominal value of 100 each, may be bought without restriction. Along with that, transfer stamp is payable on all share purchases which is 0.50 for every 100 or fractional part of 100. As it is a study oriented trading, hence no provision is kept for overdraft facilities and no other source of finance. The trading period was till 28th March 2008; by this time all the holdings were liquidated and after that whatever observation is done, reported here. This paper first discusses what the stock market is all about and then the necessity of it. The trading table is presented in section 3 which describes a few more basic questions like, how the real market is different from a theoretical one and what are the factors that the market is dependent on etc.

Capital Punishment in America Research Paper Example | Topics and Well Written Essays - 1000 words

Capital Punishment in America - Research Paper Example Deterrence is regarded as a means of discouraging individuals from engagement in criminal activities. This involves illustrating to offenders that harsh consequences would result for their criminal actions. Such consequences include one being imprisoned. As such, deterrence illustrates that punishment should be provided as a consequence of crime. Since human beings are rational, contemplation of the severity and consequences of punishment would deter people from temptations of engaging in criminal activities. This validates the use of deterrence as the means of punishment for criminal activities in society. On the other hand, retribution indicates an action of repairing or repaying something as price of criminal activities of an individual. Such a punishment makes an individual develop individual responsibility towards social structures and â€Å"keep off† criminal activities. As such, the most effective means of deterring crime is retribution. This is because an individual is subject to payment of the criminal acts. This acts as an effective means of making an individual not to engage in criminal activities. This type of punishment is more significant in cases where the individual commits a crime for the first time than in cases of subsequent crimes. The American society believes in punishment as a consequence of criminal activities. This depicts that people are aware of what kind of punishment they may receive in case they engage in criminal activities. Moreover, retribution provides a means of punishment, which depends on the degree of the crime committed by an individual. Therefore, the punishment administered to the criminal is equivalent to the crime committed and the criminal does not receive excessive or less punishment in comparison to the magnitude of the crime committed. However, in situations where an individual is engaged in multiple crimes and retribution does not prove effective. Such an individual should be subjected to rehabilitation for m of punishment. This is because this form of punishment allows effective cross-examination of the psychological needs and reactions of an individual, which could be the factors, which makes such an individual to engage in criminal activities. After such a cross-examination, an individual is guided under a controlled environment, which allows consistent monitoring of behavior of an individual. This leads to a change in the conduct of an individual in society. Furthermore, rehabilitation provides an opportunity of offering moral education to an individual who is engaged in criminal activities. This may also include provision of vocation training, which equips an individual with skills, which would keep such an individual from engagement in criminal activities, in society. Deterrence is not an effective means of punishment since it leads to the development of fear among individuals, which impacts the decision-making process of individuals in society (Lund, 2002). As such, using deterr ence as a form of punishment would create an American society, which is composed of an element of fear.

Mystical experience Assignment Example | Topics and Well Written Essays - 1250 words

Mystical experience - Assignment Example Such experiences are always spiritual, though they may not be; they are not limited to priests or monks. However, all individual religious experiences are entrenched in mystical states of consciousness, yet all mystical experiences are partially religious. Although mystical experiences occur commonly, they happen unbidden to someone perhaps once or severally in a lifetime. Mystical experiences are for example, those of oneness with nature and the deeper self, the mystic is always a tragic form, torn by the tensions between the soul and the body, between the spiritual and physical. He is beleaguered by his bodily chains that limit him to this meager realism; he is drawn to the elusive, he longs for the inspiring, for the best. He desires to free himself, to rise further. The world surrounding him is a dark, awful place, his spirit sores and soars, attempting to flee its worldly prison. William James identified four Mystical characteristics; Ineffability, where mystical states are more similar to states of feeling than intelligence, slightly shaded with fine nuances that are hard to express in their import and splendor to another. As a result, much mystical writing is filled with symbolism and paradoxes1. Noetic quality experiences are conditions of insight, knowledge, revelation, awareness, and illumination beyond the grab of the intelligence. There is knowledge of unity with the totality, of immorality of the soul, of immense truths. Space and time are exceeded. Transiency, mystical experiences fleet in linear time, even though they tend to be eternal. It is rare to maintain a mystical state for long hours. For instance, Eastern adepts are capable of sustaining prolonged stages of Samadhi, a mystical condition of one-pointed meditation; and some allegedly are able to maintain the highest states of nirvana. Passivity, the personal feels held by a greater power and swept up. This can be accompanied by a feeling of division from bodily consciousness, trance, or ph enomena like automatists, healing powers, voices, and visions. Such examples are viewed in Eastern thought as conditions of pseudo-enlightenment. Religious mysticism makes schools and accumulates traditions, much less common than people think. For example, in Christianity, mysticism is usually self-indulgent and ascetic in nature; in the Vedanta institution it is monistic, in the Sankhya institution it is dualistic. Since mystical experiences vary to a large degree, the mystical feeling of union, emancipation, and enlargement has no specific rational content on its own. Therefore, the non-mystic is ever gratified to confer a greater authority to the experience or to the mystic. Mystical consciousness simplifies the way in which truth is procured more significantly. The truth or validity-revealing character of a mystical experience as with other knowledge does not depend on the validity of the integrated theories such as those determined by the culture within which the experience is felt. The validity of the integrated speculation is relative to the know-how led to them earlier and the experiences which are made possible by themselves. It must be likely for the experience smash through the theories inclusive of the incorporated theories and make people to remake them. More positively, mysticism might help to liberate traditions from most of its deforming influences. Part II. Question 6 The life and works of St. Theresa of Avila In mid-life, St. Teresa underwent a deep conversion experience,

Cultural Differences Essay Example for Free

Cultural Differences Essay Dear Vice President of Production, Mark Jones, a Production Manager, has been transferred from the manufacturing plant in his hometown of Chicago to his companys overseas manufacturing plant in Osaka, Japan and I am writing to let you know the differences that Mark will experience in managing front-line plant workers in Japan in contrast to in the United States and also address how cultural differences may play a role in individual differences Mark will experience. Three differences that Mark may experience are: * Language Barriers * Technology * Politics In the United States individuals tend to speak loudly and are more assertive or aggressive when addressing workers or giving direction. Individuals in Japan speak softly and are generally more passive. With language barriers making a conscious effort to be considerate of others can aid in effective communication in the business setting. The increase of conduct business with each other is due to globalization. Technology aids people to connect one another much easier, however it may be easy for most but there are individuals that are completely lost when it comes to technology. Another thing to consider is the time zone differences. Yes you may be able to video chat with someone in Japan they are not in the same time zone as you are, so ensuring to conduct whatever form of communication you choose is considerate of the time difference. The way a company conducts business can be affected by political influences. Some cultures pose a strong sense of government pride, and nationalism. Other cultures tend to negotiate with companies that have minimum conflict with their culture. I believe with our help Mark can move overseas with minimum transition problems. I suggest these three things that could stand to aid Mark make the transition as smooth as possible. It is important that Mark researches the Japanese cultural. I recommended this because knowing what to expect can give him a head start so that he can address any possible doubts or concerns that might arise with the font line workers. Mark should be clear and careful in communicating with the workers. Due to the language barrier that already exists Mark has to be extremely careful when communicating to ensure the workers understand what he is asking or telling them to do. Finally Mark should regularly check with his employees to ensure they have what is needed for them to do their job as well as how things are going for them. Mark would also want to aid his employees in the transition as well. Not only doe’s transition problems affect Mark they affect the works as well.