WorldCom Fiasco Essay Example

WorldCom Fiasco Essay WorldCom was an organization that was managing significant distance phone and web correspondence server supplier innovations. The organization at one time became bankrupt in light of the troughs who were delegated made the organization to go into liquidation since they attempted deceitful arrangements and this lead to the breakdown of the organization. The new CEO Mr. Michael Capellas and Mr. Robert Blakely were designated in order to lead a review about the exhibition of the company.â The undertaking of evaluating was troublesome in light of the fact that the organization had such a large number of workers thus numerous advantages of the organization had been exaggerated and this added up to expanded deceitful cases that should have been checked on. Ongoing examinations demonstrated that the company’s misrepresentation was because of the company’s management’s employee’s fumble of the organizations tasks. http://www.seu.edu/morals/discourse/cande/cases/ worldcom-update.htmlWorldCom Company’s fiascos of liquidation lead to the laying off laborers. The speculators and the troughs benefits reserves were not given to them since the organization needed more cash to pay all the laborers. The status of the lives of retirees was additionally influenced in light of the fact that they needed more cash to provide food for them once they fired their business. It was seen that other than the poor administration of the WorldCom Company the media transmission industry was overbuilt and it couldn't retain the limit of innovation that had been incorporated with the framework for a long time. The WorldCom shares which had topped at $62 three years back had tumbled to 83 pennies at the exchanging of the stock trade this lead to the ending ofâ the organization  operationsâ The administration of the organization had additionally obtained $30 billion from various companiesâ and at the hour of its breakdown it had a tremendous obligation s uch  that it couldn't recuperate to pay its obligations of its customers(Maasen, G.F 1999)..The breakdown of the World Com Company had likewise a beneficial outcome in light of the fact that the administrators of most partnerships turned out to be increasingly mindful since they needed to augment benefits in their organizations. The legislature of Congress forced directions that all partnerships should keep the standards and guidelines of the organization and in this manner the company’s the board could no longer control the monetary records of the WorldCom Company. Another change that should have been attempted was that the higher administration levels pay rates were decreased so the organization would cut on its costs on the pay rates and wages which were taking up the company’s biggest financial plan. The positions of the elevated level administration structures were directed with the goal that the perfect individuals would hold these positions in order to empower the best possible administration of WorldCom Company and this lessen the occurrence of extortion. http://www.be.wvu.edu/bl-on the web/news/badnews.htmThe negative impact that WorldCom Company had was that the understudies who were leaving school needed to rival the laid off specialists of WorldCom, Xeron and Enron organizations and along these lines a test to them as they needed to vie for the couple of employments openings that were there in the market. The leader of the Congress state Mr. Shrub said that he was prepared to guarantee that the economy of the nation was fortified through transforming the benefits plans, and he guaranteed that corporate lawbreakers were considered responsible for their activities. The motivation behind why he needed to improve the economy was on the grounds that the WorldCom organization had for quite a while added to the income of the nation and its end lead to the decrease of the country’s income in this way the leader of Congress forced the guidelines with the goal that more individuals would be made to be increasingly liable for their activities and the tremendous misfortunes that were being experienced would be reduced.The leader of the Congress state Mr. Shrub noticed that the individuals who had devoted themselves to building the WorldCom organization had the right to paid better since they had added to the prosperity of the economy and this empowered the nation to ensure occupations for their workers subsequently they had no an issue of the security of their employments and furthermore guaranteed that the retirees benefits were secure along these lines they would not have an issue later on. The leader of the Congress later marked into law a bill that expanded an audit of the bookkeeping business and he forced intense punishments for the officials that submitted corporate frauds.The the board of WorldCom later documented a case in court to express that they had over esteemed their income by more than $ 4 billion a nd consequently the clients of WorldCom Company were guaranteed that the organization was in a steady condition in this manner they didn't need to stress that their phones and their PCs would be influenced in anyway.Ethics is the investigation of how to figure out what is correct or wrong of an activity, a lifestyle or a choice by an individual. In the regulating morals it manages the pursuit of rules that control an individual on in the case of settling on a choice or an activity is correct or wrong. In the utilitarian hypothesis it depends on the ethical measures that are applied on a result of an activity or a choice that guarantees all individuals in an association act such that will be helpful to the network on the loose. In the deontology hypothesis it guarantees that the choices are made exclusively or basically by considering one’s obligations and rights and one that doesn't change because of circumstances.It was not moral for the pioneers of WorldCom to mislead their clients that the organization would be effective later on while it was enormously bankrupt. The top bookkeeping firms made a terrible showing of distorting the review reports which made clients of WorldCom organization to accept that it was a monetarily steady company.The WorldCom organization disaster sager affected one person who was known as Cynthia Cooper. She initiated the revealing of the false exercises of the organization; she was later granted various honors, for example, the Accounting Exemplar Award since she had made an eminent commitment to polished skill, morals in the bookkeeping practice of the organization. The CEO that is Mr. Ebbers and Mr. Sullivan had added to the achievement of the business since the time they left the organization Cynthia cooper was dealt with gravely for revealing the misrepresentation in the organization and her compensation was solidified and her inspecting position was taken over by someone else on the grounds that she traveled to differen t spots of the world since she was allowed the chance to do so.In the year 2004, the CEO of WorldCom Mr. Ebbers was accused of an offense of submitting a protections extortion and he had bogus completely field cases with the Securities and Exchange Commission in March 2005. He was seen as liable of the considerable number of charges on July 13 that year he was condemned to a lifetime detainment. Mr. Ebber’s legal advisor applied for his conviction with the goal that he was unable to serve the lifetime detainment, they misrepresented the case by giving the appointed authority wrong data about Mr. Ebber’s information on the WorldCom bookkeeping extortion that occurred in the organization. His legal advisors likewise guaranteed that his case had been controlled in light of the fact that the three significant level WorldCom officials were not offered authorization to affirm for his benefit. In August 2005, the previous CEO Mr. Sullivan was condemned for a long time in cour t because of the deceitful acts of the WorldCom Company. He confessed of the offense that he had been accused against of and he was the main individual who was to affirm against Mr. Ebbers. At present, Mr. Ebbers has been sentenced in an official courtroom and he stays to pay a bail while he keeps on pursueing an appeal.The the board of organizations must guarantee that the essential components for creation and portion of assets are exposed to moral requirements which guarantee that the results of trade fulfill the requests of social equity and that the fundamental needs of the individuals are met supposing that individuals needs are not met then an organization may not accomplish its goals of benefit expansion. The state needs to control the general public and the market with the goal that the privileges of al individuals in the general public are controlled on account of WorldCom where the organization was sold due to the poor administration of the assets of the organization, the president’s intercession to control the market was a positive move in light of the fact that the other up and coming organizations would not fall into the equivalent problem.The the executives of organization ought to get ready yearly chiefs reports that incorporate an increasingly point by point working and money related audit of the company’s execution. This will empower investors and others who are keen on the company’s undertakings to make educated evaluations regarding the company’s current position and future techniques to check frequency of misrepresentation that were noted in WorldCom organization and this came about to its closure.ReferenceMaasen, G.F (1999). A universal examination of corporate administration models†, Amsterdam: Spencer Stuarthttp://www.seu.edu/morals/discourse/cande/cases/worldcom-update.htmlhttp://www.be.wvu.edu/bl-on the web/news/badnews.htmKen, B. (2005) WorldCom’s brassy disappointment and its cost for an indus try. New York TimesHooks, G. (1998) â€Å"Corporate government assistance arrangement and the government assistance state. Bank deregulation and the investment funds and credit rescue, â€Å"social powers Vol 77 ISS.4 pp 1644-1646

Childhood Memories of Dad :: Personal Narrative

A token is a token of the previous, a remembrance. They come in numerous shapes and sizes. Individuals spare articles for some various reasons. For my situation, I will perpetually keep and give my token to my kids on account of the numerous great and awful recollections it brings out from my adolescence and about my dad. It is a lime green 1976 KX250 soil bicycle that my dad had given to me as a youngster to reestablish and was actually equivalent to the one he had purchased as a high schooler. It is all dark with a lime green gas tank that says Kawasaki and has two huge bumpy tires. It is one of the primary race models that was delivered for use on motocross soil tracks and furthermore equivalent to the main bicycle I could ever ride. The bicycle that would bring my dad and I near one another, and the bicycle that would make me love heading out street vehicles until the end of time. I was just knee-high to a grasshopper when I initially felt the cry of a two stroke motor underneath me. The commotion that bicycle made resembled a mother’s delicate voice to a crying infant. I would typically simply be sitting inside my grandparent’s house playing computer games when I would here the uproarious murmur of the motorcycle’s motor. I would illuminate with complete energy and for the most part race to the entryway to check whether my Dad was going to have a good time with me. More often than not I would wind up in sheer euphoria, however sometimes, I would simply get a sentiment of frustration. It’s the great occasions that I recollect the best. I would get into my most noticeably awful garments since I realized I would get grimy. At that point I would run outside to see my Dad putting his cap on and firing up the lime green bicycle, while light blue smoke leaked from the fumes pipe, which ran underneath the dark motor. After I was finished putting on the glossy new head protector and goggles that my Dad had gotten me, he would get me and spot me directly before him, among him and the gas tank, so I could clutch the crossbar on the handlebars. At that point as he let the aluminum grasp switch out simple and steadily contorted the choke, we would hurry off around the entryway and down the earth street behind the house. Beloved Memories of Dad :: Personal Narrative A token is a token of the previous, a remembrance. They come in numerous shapes and sizes. Individuals spare items for some assorted reasons. For my situation, I will everlastingly keep and give my souvenir to my kids due to the numerous great and awful recollections it brings out from my youth and about my dad. It is a lime green 1976 KX250 earth bicycle that my dad had given to me as a kid to reestablish and was actually equivalent to the one he had purchased as an adolescent. It is all dark with a lime green gas tank that says Kawasaki and has two huge bumpy tires. It is one of the primary race models that was created for use on motocross soil tracks and furthermore equivalent to the main bicycle I could ever ride. The bicycle that would bring my dad and I near one another, and the bicycle that would make me love heading out street vehicles for eternity. I was just knee-high to a grasshopper when I originally felt the moan of a two stroke motor underneath me. The commotion that bicycle made resembled a mother’s delicate voice to a crying child. I would typically simply be sitting inside my grandparent’s house playing computer games when I would here the noisy murmur of the motorcycle’s motor. I would illuminate with all out energy and for the most part race to the entryway to check whether my Dad was going to have a good time with me. More often than not I would wind up in sheer happiness, yet at times, I would simply get a sentiment of frustration. It’s the great occasions that I recollect the best. I would get into my most noticeably terrible garments since I realized I would get filthy. At that point I would run outside to see my Dad putting his cap on and firing up the lime green bicycle, while light blue smoke leaked from the fumes pipe, which ran underneath the dark motor. After I was finished putting on the glossy new protective cap and goggles that my Dad had gotten me, he would get me and spot me directly before him, among him and the gas tank, so I could clutch the crossbar on the handlebars. At that point as he let the aluminum grip switch out simple and step by step contorted the choke, we would hurry off around the entryway and down the soil street behind the house.

Tips For Writing A Good Essay - Learn How To Write A Good Essay With A Sample Short Essay

Tips For Writing A Good Essay - Learn How To Write A Good Essay With A Sample Short EssaySample short essays are the best way to practice writing a good essay. Writing an essay is one of the most important things in school and college. It shows that you have taken enough time to think about the matter, and that you are serious about getting a good score.After school, college admissions can be stressful and hard. Every little mistake can put you at a disadvantage. One of the best ways to get your essays to shine is by doing them online. Online essays help you practice writing a good essay without having to leave your home.When writing a good essay, you must have thought about what you are going to say. You must know how you are going to structure your sentences, what is the format that will best suit you? It is time to take your essays to the next level.If you find yourself having trouble writing an essay, you need to look at your writing style. There are many ways to improve your wri ting style. First, you can find a guide or guidebook on how to make your essays come out right.Once you get the style of the writing you want, go through your papers and look for ways you can improve your style. The more you learn how to put together your sentences and paragraphs in a way that you like, the easier it will be to write the essays that you want.A good essay will show your information in a way that it will appeal to the reader. In order to have a good essay, you will have to know what you are looking for. In order to get there, you must take the time to read your materials and do research on the topic.After reading several resources, you will have a better idea of what you are looking for and will be able to write a good essay. Whether you are using a sample short essay, a guide, or some other source, all you need to do is practice, practice, and practice.

Finding Peace through Forgiveness - Free Essay Example

Sample details Pages: 10 Words: 3142 Downloads: 5 Date added: 2019/06/26 Category Society Essay Level High school Topics: Forgiveness Essay Did you like this example? For so long, mankind has often used violence to resolve conflicts. But its also possible to use non-violent direct action and civil disobedience. Many have tried this approach, and most of them have failed. Don’t waste time! Our writers will create an original "Finding Peace through Forgiveness" essay for you Create order There were two countries where a non-violent movement was successful; countries in which violence could have erupted into a revolution as a result of racial segregation. Those countries are South Africa and the United States, two important nations on two different continents, Africa and North America. Both of the countries had three common conditions that made it possible for nonviolence to work and these are: the threat of violence which made the existing power willing to change, they were both colonies of England, who believed in rule by law, and the presence of an individual who could lead his followers to a violent victory. The two people who made this possible were Martin Luther King Jr. and Nelson Mandela. They both valued the importance of carrying out a peaceful approach to reach their goal. King was the only son in the family to go to college. He also received his Doctorate in theology. Mandela was the first black South African to attend college. He received his degree from law school. As King became a minister in a church, it was a perfect place for him to initiate the civil rights struggle. Mandela started practicing law in Johannesburg, which was where he started seeing racism and discrimination intensified. Kings inspiring speaking abilities could be owed to his background, since he was raised in a family of preachers. Mandela had to be great speaker, since he was born to a family of leaders and always wanted to become a lawyer. Even though these two people were from two different continents, their main goal was the fair treatment of black people in each of their society and they were able to accomplish the goal through a nonviolent approach. Martin Luther King was born into a wealthy family on 15th January, 1929 in Atlanta, Georgia. Nelson Mandela was born on 18th July 1918 in the village of Mvezo in the South African province now known as the Eastern Cape. Kings father was a Baptist preacher, active in the human-rights movement while his mother was a schoolteacher. Mandelas father, Chief Henry Mandela, was a Principal councillor to the acting King of Thembu people and his mother, Nonqaphi Nosekeni was founder of the Methodist Church in Qunu. King always maintained a great admiration for his father. As he grew up, he developed his public speaking and debating skills; he even won the debating competition at the age of 13, at Booker T. Washington High School. Mandela was raised in the Thembu culture for six years and he was sent to a Methodist Missionary school where he was required to live under apartheid, the white south African system of racial Apartness. King was a model student and was two classes above his friends. H e went to University at the age of 15, and completed his Bachelors degree in Sociology. He was the only son in the family to attend college. In 1951, he gained his Bachelors degree in Theology at the Crozer Theological Seminary in Chester, Pennsylvania. Mandela completed his certificate in two years. During his studies, he developed a strong interest in traditional African culture. Even though, it was rare for a black South African to attend college, he not only attended, he also graduated and got a degree from law school, and set up a practice in Johannesburg. At a young age, King once had to stand up on the bus to make a way for a white passenger, in spite of his refusal. He was told by his teacher that it would be considered breaking the law. Afterwards, King described his emotions at that time as the angriest I have ever been in my life. At school Mandelas teachers no longer called him by his Xhosa name (Rolihlahla literally means pulling the branch of a tree, but it could also mean trouble-maker). Then he was given the more acceptable European name Nelson. This was the first time that Mandela felt disrespected for his blackness. King decided to become a church minister because he saw it as the best way of satisfying an inner urge to serve humanity. At that time southern blacks were facing humiliation due to the racially biased laws of the south called Jim Crow laws. As a student, Mandela met student activists and members of the African National Congress (ANC). While working at a law firm, he started studying law as the only black student at the University of the Witwatersrand. A tired women, Rosa Parks was arrested for refusing to give her bus seat to a white passenger, which set the modern struggle for civil rights in motion. King became involved in a Social Gospel movement which pursued Christian values in the fight against social inequality. After facing discrimination and racism, Mandela became increasingly involved in protests and joined the ANC. A s a result of Rosa Parks arrest, King organized the first protest, the Montgomery Bus Boycott, which lasted for 385 days and resulted in a court judgement outlawing racial segregation in buses. As the South African government began introducing more and more apartheid legislation following the Election, Mandela called on the ANC to intensify its protests by using boycotts and strikes.In 1957, King and several others established the SCLC (Southern Christian Leadership Conference). Through this organization, they brought together the benefit of black churches in America to fight in the struggle against inequality and discrimination. With the help of Mandela, the Joint Defiance Campaign was launched in 1952 and followed in the footsteps of Gandhis ideals of nonviolence. Through this Campaign, they won United Nations recognition that the South African racial policy was an international issue, as a result a UN Commission started investigating the situation. In 1959, King went to India to meet with friends and a man hed long admired, Mahatma Gandhi. He returned home a few weeks later, more convinced than ever that non-violence was the most powerful way to fight oppression. Mandela addressed groups of tens of thousands of black Africans and became the face of the civil-rights movement in South Africa. Mandela has acknowledged that his own belief system was not based on a religious or spiritual foundation, but rather on the usefulness of nonviolence. According to Martin Luther King, Nonviolence is a more ethical and moral strategy that goes hand in hand with the principles of Christianity and found to be effective in Gandhis struggle for independence. He also found nonviolence to be an effective way to get the public on his side, by showing them the governments violent reaction to his nonviolent protests. Most importantly, he believed that nonviolence could replace love where hatred and bitterness existed. On the other hand, Nelson Mandela believed that a non-violen t strategy should be followed if its found useful to the movement at a certain time. But then frustrated by its inability to effect change, he considered non-violence a tactic to be used when facing a non-violent opponent. He mentioned that challenge comes when facing a strong state apparatus ready to resort to violence to protect its position and in those circumstances following a path of non-violence can be very dangerous. Mandela deemed nonviolent protest as the only solution. He said, we should employ the method or tactic demanded by the conditions. If a particular method or tactic enabled us to defeat the enemy, then it should be used This made nonviolence a practical necessity rather than an option. (David J. Whittaker, The Terrorism Reader, 279) This shows that Mandela was only aiming for victory while King aimed for friendship and understanding instead of a victory; his approach could shortly be put as whatever works. If he had felt violence would solve the situation, he wo uld have used it. Mandelas fight was political and secular, which can partly be owed to his background as he was the son of a Xhosa Chief. He didnt have a place in his mind for Christian values by then. He only wanted to use nonviolence as a tactic to be used as the situation demanded. His nonviolence resistance wasnt just based on the Christian values, but also Mohandas K. Gandhis actions. Gandhis successful effort of using nonviolence to lead his people to independence from Great Britain, inspired him and as he said, it was exactly what he had been seeking for. King was looking for a way that was both effective and goes along with his christian values. When talking about his decision to use nonviolent protest, King said, the Christian doctrine of love operating through the Gandhian method of nonviolence was one of the most potent weapons available to oppressed people in their struggle for freedom the method for social reform that I had been seeking (King, Stride, 79; Papers 5:422) . One thing to remember is that Martin Luther King and all the civil rights leaders at the time were Christians. This quote shows that the primary reason King chose a nonviolent approach is to keep with the ethics of Christianity. As King came from a christian background, listening to his father preach and his mom sing and play piano, he always wanted to do Gods will. Even his nonviolence approach was developed directly from the teachings of Jesus Christ. It was a mission for him to serve the lord. His love for Jesus was displayed in his teachings, especially by what he accomplished. Bloody Sunday and Sharpeville Massacre were two important events which were the turning points in the struggle against segregation in the U.S. and South Africa respectively.. Bloody Sunday was an event that occured on March 7, 1965 in Selma, Alabama, where over fifty people were hospitalized. Sharpeville Massacre was an event that occured on 21 March 1960 at the Sharpeville Police station in South Africa, where 69 people were killed and 180 were injured.On Sunday, March 7 1965, six hundred marchers assembled in Selma, fighting for their right to carry out their protest. Led by John Lewis and other SNCC and SCLC activists, they crossed the Edmund Pettus Bridge over the Alabama River en route to Montgomery. Just short of the bridge, they found their way blocked by Alabama State troopers and local police who ordered them to turn around. When the protesters refused, the officers shot tear gas and waded into the crowd, beating the nonviolent protesters with billy clubs and ultimately hosp italizing over fifty people. On wednesday, March 21 1960, a crowd of about 5000 to 10,000 protesters gathered at the police station aiming to force the apartheid government to end pass-laws which required Africans to carry passes all the time. Some sources say the crowd was peaceful while others say the crowd started advancing toward the fence around the police station. There were 289 casualties in total, including 29 children. Many people sustained back injuries from being shot as they fled. Police reports in 1960 claimed that young and inexperienced police officers panicked and opened fire spontaneously, setting off a chain reaction that lasted about forty seconds. In two minutes, police fired more than 1,300 bullets. King found this event to be a perfect way to get people on the side of the protestors [his side]. If the whites in the North saw pictures and films of blacks getting abused by the police while protesting peacefully, they would be more inclined to support the blacks g oals. Mandela and his supporters, however, used The Sharpeville Massacre as an excuse to implement violent methods in the struggle against the apartheid system. He said that the time for the passive resistance had ended, and that they could never overturn a white minority regime bent on retaining its power at any cost. Bloody Sunday was televised around the world. Everyone around the world was shocked and outraged at the sights and sounds of Bloody Sunday. This also prompted President Johnson to submit a proposal for a strong Voting Rights Act. In an interview with Life magazines Flip Schulke, King said,The world doesnt know this happened because you didnt photograph itbut it is so much more important for you to take a picture of us getting beaten up, according to The Race Beat, a history of media coverage of the civil rights movement. As he was told, Schulke filmed the entire assault and sent it to the television network headquarters in New York. When it aired that night, people al l around the world ,including Americans, were horrified to even look at the pictures taken that day. Schulke helped transform this local protest into a national civil rights event. King wanted everyone to see the brutal response of the police to their peaceful local protest, which aimed to fight for their right to carry out a protest and their right to vote. On the other hand, Sharpeville massacre brought international public opinion against apartheid South Africa to a boil. It stood out in the minds of people all over the world. As a result the government declared a state of emergency and banned ANC as an unlawful organization. In his biography A Long Walk to Freedom, Mandela wrote, The disturbance pointed clearly that violence was the only way out; it showed that a government which uses force to maintain its rule teaches the oppressed to use force to oppose it. This refers to the turning point where ANC and PAC realized that their peaceful approach had no effect and that they nee d to be more aggressive. When both the movements were declared unlawful, they shifted their approach to an armed struggle. As mentioned above, Mandela only advocated nonviolence just because it was believed that it would enable them to defeat the enemy. Once that was proven to be wrong, a new plan was set out to be implemented. Since fifty years of nonviolence had brought the African people nothing but more and more repressive legislation, and fewer and fewer rights, Mandelas followers believed violence was the only clear solution. In the face of oppression, MLK and Mandela maintained a forgiving spirit. As MLK once said, Forgiveness is not an occasional act, rather a constant attitude. Despite Mandelas 27 years of imprisonment and MLKs several arrests, they kept drawing their strength from the power of love, nonviolence and forgiveness. According to MLK, Forgiveness doesnt mean ignoring what has been done or putting a false label on an evil act. Rather, it means that the evil act no longer remains as a barrier to the relationship, instead it becomes a catalyst for a fresh start. Similarly, Mandela said that Forgiveness liberates the soul; it removes fear. Thats why its such a powerful weapon. He also declared that if there are dreams about a beautiful South Africa, there are also roads that lead to their goal. Two of these roads could be named Goodness and Forgiveness. While MLKs philosophy of forgiveness had its base in Christianity, Mandela did it because its the right thing to do. South Africa was in desper ate need of forgiveness, not more chaos. MLK taught that they must forgive their enemies even though everyone is faulted. He spoke about how one could find happiness through forgiveness in such a way that, if someone carries anger and not forgive the evildoer, it causes them to carry a burden which in turn brings disappointment and distrust of those around that person. Mandela said, We especially need to forgive each other, because when you intend to forgive, you heal part of the pain, but when you forgive you heal completely. This means that forgiving others isnt always making peace with others, its also making peace with ourselves. As we forgive those who harmed us, we feel peace and relief within us. Despite the brutal treatment Mandela received from the guards in prison, he forgave them all. He only forgave them for his own sake; in order to have a happier and healthier future. Otherwise, another civil war would have broke out, causing more people to die and all his work wouldv e been for nothing. While MLKs words taught his people the idea of forgiveness before action, Mandelas actions taught the people, the importance of compassion and forgiveness. Mandelas utilization of peace as a means of liberation taught Africa that if they were to move beyond the divisiveness caused by the apartheid, compassion and forgiveness must play a role in governance. If Mandela can teach us one thing, it is for us to see humanity and dignity in the other. King said, We must develop and maintain the capacity to forgive. He who is devoid of the power to forgive is devoid of the power to love.There is some good in the worst of us and some evil in the best of us. This means that we have to acknowledge that there is always some good in all the evildoers and some evil in all good people. When we discover this, we are less likely to hate our enemies. If we look beneath the evil deed, we see some goodness and know that the evilness of their acts dont quite represent them. So we start to realize that ha te just grows out of ignorance, misunderstanding, pride and fear. Since MLK had been teaching black americans the importance and significant role that forgiveness can play in the civil rights movement, no one doubted the approach when they began applying it in a number of situations. They knew it was the right thing to do and believed they were doing Gods will. On the contrary, there was speculation that Nelson Mandela wasted a great opportunity to deal with poverty, inequality, and uneven employment, by pursuing the reconciliation route without restitution. But as time went on, they realized that he knew what he was doing. One of the most memorable examples of MLKs forgiveness is him forgiving Izola Curry, who had stepped up to his table and stabbed him with a 7-inch, ivory-handled steel letter opener. He only hoped that she gets the help she needs and become a free and constructive member of society. In the same manner, Mandela invited a person named Percy Yutar, a state prosecutor at the 1963 Rivonia treason trial who demanded the death penalty for Mandela, to dinner where they enjoyed a kosher meal. Mandela said that it wasnt his fault and that he was just doing his job. Both MLK and mandela are now considered as two men who fought for peace and equality through love, reconciliation and more importantly forgiveness. Martin Luther King Jr. and Nelson mandela were inspiring leaders who put the needs of their people first and used the method of nonviolence for equal treatment of colored people in each of their own countries. In spite of the hardships and unfair treatments, they maintained a forgiving spirit toward the oppressing government. Their success taught everyone not only how to approach conflicts but also how to avoid them.

In The August 8Th And 15Th Issue Of The New Yorker, Mark

In the August 8th and 15th issue of the New Yorker, Mark Ulriksen vividly outlines the conflict that the 2016 Olympics faced in Rio de Janeiro. Typically, a track star in the Olympics runs for their lives to bring the gold medal back home to his or her country, but in the cover of the New York the track stars are literally running for their lives. As each of these men are dressed in their countries colors, there is a crowd full of people watching the look on their faces and the terror from what appears to be a dark grey cloud following them. The runner in bright red compression shorts and shirt is the only particular runner being attacked. The Cover of the New Yorker illustrates how the Olympic games helped brighten the spotlight on what†¦show more content†¦Typically, with a high tourist rates come with the risk of injuries or infection. The Zika virus was one that many was not sure how to control and keep the safety of everyone first. The Zika virus is spread through infected mosquitos, pregnant mothers which can cause defects on certain births. Zika virus is related to yellow fever, Japanese encephalitis and West Nile. With much of humanities safety as state the Olympic committee were up to a challenge. Despite the problem at the games, this virus has taken the lives of many and many are very vulnerable due to lack of knowledge and resources. India, Indoneisa and Nigeria are high risked countries as their resources are limited, â€Å"The research team, from the London School of Hygiene and Tropical Medicine, Oxford University and the University of Toronto, Canada, said vast numbers of people were living in environments where it would be hard to prevent, detect and respond to the virus.† The Zika virus is taking over North and South America, and with the Olympic games being in Rio De Janiero the awareness there may help other countries who are at lost on what to do with the virus. More than eighty-two cases of measles happened in 2010 Winter Olympics in Vancouver, British Columbia. Two visitors attending the games spread the virus at one or more venues. Finding early symptoms is very critical inShow MoreRelatedStep hen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 PagesOrganizational Behavior This page intentionally left blank Organizational Behavior EDITION 15 Stephen P. Robbins —San Diego State University Timothy A. Judge —University of Notre Dame i3iEi35Bj! Boston Columbus Indianapolis New York San Francisco Upper Saddle River Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo Editorial Director: Sally Yagan Director of Editorial Services:Read More_x000C_Introduction to Statistics and Data Analysis355457 Words   |  1422 PagesUniversity of Shefï ¬ eld in England, and ï ¬ nished his Ph.D. in statistics at Stanford University. He previously taught at the University of Florida and at Oberlin College and has had visiting appointments at Stanford, Harvard, the University of Washington, and New York University. From 1998 to 2006, Jay served as Chair of the Statistics Department at California Polytechnic State University, San Luis Obispo. The Statistics Department at Cal Poly has an international reputation for activities in statistics education

Dumpster Diving Literary Analysis Essay Example For Students

Dumpster Diving Literary Analysis Essay In the article â€Å"On Dumpster Diving† Lars Eighner tells about his life experience as a homeless man and new lifestyle as a dumpster. Although, Eighner rather uses the word â€Å"scavenger† instead of dumpster driver. Telling his story, Eighner uses a literary device like exposition throughout the article in order not just to retell word to word story, but to explain all the details of his new way of life. Besides, if you have a need to write a literary or rhetorical analysis of this unusual article of Eighner, we are ready to assist you! Your rhetorical analysis is not a problem anymore! At first sight, it seems a terrible unusual occupation, but he considers this activity a kind of art and a full-time job.  Eighner tells that to be a good â€Å"scavenger† a person should navigate several steps by investing a lot of time and effort. He believes that the successful dumpster should follow some rules. One of the rules is to know a good place and time to look for food and other items that may be useful. Another rule is to know how to eat accurately from a dumpster. Nowadays, no one is surprised by people who dig in garbage cans in search of food (pizza, water, fruits and etc.)   or useful things. But it’s not at all unusual to see in this role not homeless and beggars, but quite decent formal dressed young people in their prime with Apple device. European and American freegans calmly and with dignity choose consumer wastefulness and products that are not yet spoiled in the backyards of supermarkets, pizza shop, bars and restaurants. They know where to search it. And the matter is not at all in financial possibilities this is a deliberately chosen lifestyle. In a word, they are struggling with the consumer wastefulness. People who collect uneaten leftovers from plates in public cafes are also not uncommon. Most of them, of course, are ordinary beggars, who cause a feeling of pity in someone, in others disgust, and in others both. But among this plenty, there are â€Å"utilizers† and those for whom such gathering is just a philosophy, a lifestyle. In a word, these people are followers of â€Å"Freeganism†, they deny all the principles of the existing â€Å"consumer wastefulness†, and essentially they know how to minimize their participation in the current economic system. Dumpster diving or diving into trash cans is a way of getting food, clothing, sometimes a good device, furniture, etc., especially for â€Å"advanced† Americans and Europeans. And not only people who cannot buy a new bed, new device, a coat, pizza or a pack of cookies are engaged in this. Some begin to engage in freeganism, because, first of all, it is interesting to do something like that, forbidden, then they start doing it all the time, and secondly, who will refuse of free and completely new things even if they are found in a garbage can? Such people are struggling with consumer wastefulness. Often used quotation: â€Å"The garbage of one person is the treasure of another person†. It perfectly describes the feelings of Eighner in this article. At one point, he said that sometimes consumers cast away completely new things and it does not mean that it is rubbish, just things ready to change the owner. Freeganism is primarily a way of peaceful protest. Freegans pull out various vegetables, bread and other food and consumer wastefulness from the garbage. People see them and begin to wonder: why does this well-dressed man with dig into the garbage? They just are not satisfied with the current state of affairs, when in one part of the world people are starving and dying, and in the other throwing food into garbage cans. Unlike consumers, they take care of this issue. Eighner also tries to consider this fact in his article. .u75b8a87a5966ea958e1d654b080daeb3 , .u75b8a87a5966ea958e1d654b080daeb3 .postImageUrl , .u75b8a87a5966ea958e1d654b080daeb3 .centered-text-area { min-height: 80px; position: relative; } .u75b8a87a5966ea958e1d654b080daeb3 , .u75b8a87a5966ea958e1d654b080daeb3:hover , .u75b8a87a5966ea958e1d654b080daeb3:visited , .u75b8a87a5966ea958e1d654b080daeb3:active { border:0!important; } .u75b8a87a5966ea958e1d654b080daeb3 .clearfix:after { content: ""; display: table; clear: both; } .u75b8a87a5966ea958e1d654b080daeb3 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u75b8a87a5966ea958e1d654b080daeb3:active , .u75b8a87a5966ea958e1d654b080daeb3:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u75b8a87a5966ea958e1d654b080daeb3 .centered-text-area { width: 100%; position: relative ; } .u75b8a87a5966ea958e1d654b080daeb3 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u75b8a87a5966ea958e1d654b080daeb3 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u75b8a87a5966ea958e1d654b080daeb3 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u75b8a87a5966ea958e1d654b080daeb3:hover .ctaButton { background-color: #34495E!important; } .u75b8a87a5966ea958e1d654b080daeb3 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u75b8a87a5966ea958e1d654b080daeb3 .u75b8a87a5966ea958e1d654b080daeb3-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u75b8a87a5966ea958e1d654b080daeb3:after { content: ""; display: block; clear: both; } READ: Salem Witch Trials EssayThere is no orderly formal  exposition  of a theory in the article, he just writes about the lifestyle of such a category of people. Eighner also uses in his article such literary device as description, when he tells about the irresponsibility of young people in the use of frozen goods. Some consumers because of their unconsciousness or lack of skills in preparing really contribute to wastefulness. Eighner also criticizes the actions of the pizza shop, when the workers throw out the leftovers into the garbage, instead of giving people who need it. So, in this article Eighner condemn the wastefulness of consumers who do not care about how irrationally it is. He tries to convince modern consumers that there are dozens of ways to use food and other goods with the benefit. Another significant facet of the article by Eighner is that it is not necessary to be rich in order to have a fulfilling life. He is a good example of that, as he finds him happy with such a way of life that satisfies all his needs. It also should be mentioned, that Eighner uses formal tone writing the article. The formal tone helps him to attract the attention of a wider audience of consumers and to emphasize the fact that if he is homeless, it does not mean that his opinion is insignificant or trivial. According to Eighner, humanity is related to the environment of a consumer and predatory, and corporations, which in such a situation have a great influence, care only about profits. As a result, an endless stream of overproduction arises: the economy devours resources, turns them into goods, and throws away the unsold surplus, believing that it is easier for consumers to throw away than to sell. Consequently, this article Eighner tells how important for every consumer is to care about their wastes. Eighner uses effective literary devices like exposition and description in order to argue the need of modern society of persistence, attentiveness and rationality. Finally, Eighner represents in his article a completely different alternative of life that others unlikely would support, and thus disperses the biased notion of dumpster diving.

Separation, Divorce Annulment Essay Example

Separation, Divorce Annulment Essay SEPARATION, DIVORCE ANNULMENT Introduction When two people are in a relationship they are usually in it forever. Unfortunately, it isn’t always the case and as you will learn in this unit, there are many things that could potentially be blamed for the breakdown of such relationships. This topic takes you into the world of divorce which is never an easy thing for any couple and if there are children involved (and there usually are); it makes the experience even worse. Some couples split amicably while for others the parting can drag on in what could seem like forever where the accusations and blame is often hurled from one party to another. In many countries, there has been a shift towards ‘no fault’ divorce. A no fault divorce is divorce in which the dissolution of a marriage does not require fault of either party to be shown, or the requirement of any evidentiary proceedings to take place. So either party may request a divorce despite the objections of the other party. No fault divorce systems are where the law provides for only one ground for divorce – this is that the marriage has broken down irretrievably (see example, s30(1) Family Law Act, Fiji). This does not necessarily mean that both parties to the marriage were equally blameless for the breakdown in the relationship but it does recognise that both may have contributed to that breakdown and that blame and accusation can aggravate what is likely to already be an unhappy and often bitter situation. Accusations and recriminations do not help this and may be particularly damaging for any children of the marriage, who, despite whatever the feelings of their parents, still need to have a mother and father. We will write a custom essay sample on Separation, Divorce Annulment specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Separation, Divorce Annulment specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Separation, Divorce Annulment specifically for you FOR ONLY $16.38 $13.9/page Hire Writer While marriage remains an important cornerstone for the stability of society and social ordering, the law allows divorce and provides a framework both for that divorce and for the consequences of that change of status especially as regards any children of the marriage and any property interests which have arisen due to the marriage. 1. Ground s for Di v or c e Grounds for divorce are statutorily provided for throughout the region. They include: i. adultery ii. desertion iii. refusal to consummate iv. cruelty v. habitual drunkenness or habitual intoxication vi. onvictions for various criminal acts vii. failure to financially support the petitioner viii. failure to comply with a decree for the restitution of conjugal rights ix. being of unsound mine x. living apart for five years from the respondent with no intention of cohabiting xi. Presumed dead. LW310 Family law 4. 6 In Tuvalu, unless one party to a marriage has wilfully refused to consummate it, or the marriage was induced by frau d, duress or mistake, the sole ground for divorce is that the marriage has broken down completely (Matrimonial Proceedings Act [Cap 21] (Tuvalu) section 9). Evidence which may be accepted by the court to show that the marriage has broken down includes adultery, desertion, cruelty, being of unsound mind or if, in the circumstances, it would be unreasonable to expect one party to continue in the marriage. Whatever the evidence, however, the court must determine whether or not the marriage has completely broken down. A more restrictive approach is taken by Nauru where the court must find that the marriage has broken down irretrievably and it may only do so on one of four grounds. These grounds are desertion, separation for two years with consent of both parties or separation for five years and certain behaviour. These grounds need to be proved or parties need to fulfil strict conditions. The conditions relate to: †¢ living apart, †¢ attendance at court each month for six months after presentation of the petition, †¢ consistent and voluntary statements requesting the marriage to be dissolved and †¢ attempts by the court to promote reconciliation (Matrimonial Causes Act 1973 (Nauru) ss 10 and 12). Tonga prescribes eight matrimonial offences although, with consent, the parties may also divorce after two years of separation. READ s 3 Divorce Act [Cap 29] (Tonga) There are only three grounds for dissolution of marriage in Tokelau adultery, cruelty and three years of living apart (Divorce Regulations 1987 Reg 3). In Kiribati, fault grounds predominate. I-Kiribati parties may divorce if the court finds that their temperaments are incompatible (Native Divorce Act [Cap 60] s 4). However, the Matrimonial Causes Act 1950 (UK) which applies to other races in Kiribati and to foreigners in Solomon Islands, reinforces the fault based position by insisting on the blameless character of the petitioner and the fault of the respondent. In Fiji, the Family Law Act provides only one ground for divorce and that is irretrievable breakdown (s 30). This marks a shift to ‘no fault’ divorce, although often one of the various ‘matrimonial offences’ which may be relied on as a grounds for divorce elsewhere may have contributed to the irretrievable breakdown of the marriage – for example, adultery by one of the spouses. However a variety of lesser ‘fault’ may have led to the irretrievable breakdown of the marriage. What the court is looking for is evidence of conduct which makes it impossible for the two parties to continue to live as husband and wife in close proximity to each other and sharing the same home, resources and living space. I. Adultery Adultery is one of the most common grounds of divorce where it is still necessary to show fault. For the purposes of obtaining a divorce on the ground of adultery in fault based jurisdictions, a petitioner must prove that the respondent engaged in voluntary sexual intercourse with another person of the opposite sex during the subsistence of the marriage (Coffey v Coffey [1989] P 169). All jurisdictions except for Fiji, Nauru and Tuvalu list adultery as a ground for divorce. READ s3 (1) (a) Divorce Act [Cap 29] (Tonga) In Tuvalu adultery, if proved, is prescribed as evidence which a court may accept as causing the marriage to completely break down. READ s 9(a) Matrimonial Proceedings Act [Cap 21] (Tuvalu) The fact of adultery must be proved to the satisfaction of the court although the required standard of proof is unclear. In Elisara v Elisara [1994] WSSC 14 the proof consisted of testimony of the petitioner and her sister that they had found the co-respondent half dressed inside the matrimonial home as well as the respondent’s admission. Chief Justice Sapolu recited the facts as follows; „The petitioner, the wife, and the respondent, the husband, are a married couple having been married on 5 January 1980. In the first quarter of 1993, the petitioner was under suspicion that her husband, the respondent, was having an affair with the co-respondent. The respondent was director of the Department of Lands and Environment until near the end of 1992. The co-respondent was a secretary in the same department. Due to her suspicions, the petitioner and her cousins kept watch of the respondent? s whereabouts on the nights that the petitioner and the respondent were not together. Then one night in the beginning of April 1993, the petitioner asked the respondent to drop her off at her family at Savalalo. Not very long after the petitioner was dropped off, she headed back with her sister and cousins to their matrimonial home at Waivaseuta. When they arrived at Vaivase-uta the lights downstairs of the matrimonial home were on but not the lights upstairs. The respondent came out of the house and asked the petitioner as to why she was there. The petitioner gave the excuse that she was there to look for a parcel. She searched every bedroom in the house and found the co-respondent in one of the bedrooms half-naked. She told the respondent this is the last time you will see me again in this house and then left. The petitioner? s sister also testified that she saw the co-respondent half dressed inside the matrimonial home at Vaivase-uta on the same night. LW310 Family law 4. 8 In his evidence, the respondent admits having committed adultery with the co-respondent. He says he has never denied to his wife, the petitioner, that he had committed adultery with the co-respondent. The corespondent did not appear to give evidence. On this evidence, I find that the ground of adultery alleged in the petition had been established. Accordingly a decree is granted to dissolve the marriage of the petitioner to the respondent.? However, in Bhagmati Another v Ishri Prasad [1974] 20 FLR 75, the Court dismissed an appeal by a wife against an order for dissolution of the marriage on the basis that admissions made by her were not voluntary. Mr. Justice Bodilly stated that: ‘The Court must have sufficient evidence before it to be reasonably satisfied. I think that it is clear that a court would not be reasonably satisfied upon a mere balance of probability, on the other hand I do not think that the standard of proof required is as high as that in criminal cases, namely beyond any reasonable doubt. It lies somewhere between the two?. READ THE CASE NOW Proving adultery can be difficult and may depend on circumstantial evidence. Read the case of Sugar v Fatafeti [1993] TOSC 2 for an illustration of this. A fraudulent secret understanding between the parties collusion is also one of the discretionary bars available to some courts in the region. READ s 11 (2) Divorce Act [Cap 29] (Tonga) Condonation or connivance may also act as a bar to the relief sought by the petitioner, whilst forgiveness by the petitioner provides the respondent with a defence in the Marshall Islands, provided that the forgiving party is treated with conjugal kindness (26 MIRC 1 s17). See the Vanuatu case of Ilaisa v Ilaisa [1998] VUSC 16 where the question of condonation is considered. Adulterers must be joined as co-respondents in proceedings for divorce on the basis of adultery in most jurisdictions unless they are excused by the Court on special grounds. See Cook Islands Matrimonial Proceedings Act 1963 (NZ) s 22; Samoa Divorce and Matrimonial Causes Ordinance 1961 s 11; Kiribati and Solomon Islands Matrimonial Causes Act 1950 (UK) s 3 and Vanuatu Matrimonial Causes Act [Cap 192] s17. In Niue this is at the discretion of the court ((NZ) Niue Act 1966 s537. READ s 11 Divorce and Matrimonial Causes Ordinance, 1961 (Samoa) Proceedings against co-respondents may be dismissed by the Court if there is insufficient evidence against them. See for example, Samoa s. 10. LW310 Family law 4. 9 READ s 6 Divorce Act [Cap 29] (Tonga) In some countries petitioners have a right to claim damages against corespondents. See for example, Vanuatu, Solomon Islands and Kiribati. The Solomon Island and Vanuatu Acts provide that a petitioner relying on adultery as a ground for divorce may claim damages from any person. The amount of damages which may be claimed against co-respondents is prescribed in Tonga. READ s. 13 Divorce Act, 1927 (Tonga) In Cook Islands, Vanuatu and Tonga the courts may direct the manner in which such damages are to be paid or applied and the sex of the petitioner or respondent is irrelevant. However, only petitioner husbands in the Solomon Islands and non i-Kiribati in Kiribati may claim damages in adultery cases. The categorisation and amount of such damages, which are not specified in the Acts, (except in Tonga) has been the subject of some judicial concern. In Tonga where the amount claimed is specified, the court found in ‘Afa v Tali Sika [1990] Tonga LR 185 that the maximum amount of damages should only be awarded where it was shown on the balance of probabilities that the conduct of the co-respondent brought about the breakdown of the marriage by, for example, seducing or enticing away the respondent. Further, damages were to be based on- (a) The actual value of the wife (sic) (in terms of money and companionship); and (b) Compensation for injury to feelings, honour and family life. Damages are measured as compensation and not to punish or make an example of the Co-respondent. This idea of damages as compensation rather than punishment was elaborated further in Lamatau v Mau [1991] TOSC 3. It has been indicated however that the award of damages is becoming less common and that the courts are reluctant to allow a change of claim to include damages – see Mamata v „Akolo [2001] TOSC 47. The Vanuatu case of Banga v Waiwo is further illustrative of the difficulties faced by courts in the region when interpreting legislation derived from colonial sources whilst attempting at the same time to acknowledge custom law and respond to local social conditions. This matter originated in the Senior Magistrates Court where the petitioner gave evidence that customary meetings had been held with regard to the marital dispute. As a result of these meetings the chiefs decided that the husband was to pay 20,000 vatu to the co-respondent’s husband and the co-respondent was to pay the wife 5,000 vatu and two pieces of calico. The petitioner was also to pay the co-respondent 5,000 vatu because she had insulted the co-respondent. Having refused to accept this decision, the petitioner approached the Court for a divorce and claimed 100,000 vatu damages against the co-respondent. The solicitor for the co-respondent argued that the sum claimed was excessive and amounted to punitive damages. Reference was made to the Matrimonial Causes Act 1965 (UK) on which the Vanuatu Act is based. In the UK, it was argued, damages are awarded on a compensatory basis only and this should also be the approach of the law in Vanuatu. The amount awarded by the Chiefs, namely 5,000 vatu, was submitted as being appropriate as compensation for the loss of the Husband (sic). On behalf of the petitioner it was submitted that section 17 (1) of the Act should be interpreted according to the intention of Parliament. That section states that; †¢ A petitioner may on a petition for divorce claim damages from any person on the ground of adultery with the respondent. †¢ It was also contended that adultery is a serious offence in Vanuatu communities and that punitive damages are often given for adultery which show clearly that Vanuatu local circumstances are different from those of the United Kingdom. The Senior Magistrate (then) considered the issue of the interpretation of section 17 of the Act and referred to the rules in Heydon? s case (1584) as restated in Re Macmillion v Dent (1907) 1 Ch 120, Brett v Brett (1826) 2 D and s 8 of the Vanuatu Interpretation Act CAP 132. In determining the intention of parliament the Senior Magistrate found circumstances in Vanuatu to be quite different from those in the United Kingdom and the Acts themselves to differ in important respects. Unlike the position in the UK Act, which allows only a petitioning husband to claim damages, the Vanuatu Act is not so limited. In comparing the UK and Vanuatu jurisdictions, it was noted that in Vanuatu the law recognises civil, religious and custom marriages and customary law, pursuant to Article 95(3) of the Constitution. Further, because adultery is considered a serious offence on the basis of custom, ‘any damages claimed by the Petitioner against the Co-Respondent should be awarded in accordance with customary law. ’ The Senior Magistrate did not categorise the type of damages to be awarded. He found in favour of the petitioner with regard to the amount of damages, however, stating that, „ 00,000 Vatu damages claimed against the Co-Respondent is not excessive and it should be awarded to the Petitioner in accordance with customary law. ’ The matter then went on appeal to the Supreme Court of the Republic of Vanuatu where Chief Justice Vaudin d’Imecourt held that, whilst exemplary damages could be awarded in an appropriate case, no evidence justifying such an award had been presented to the court. His Honour considered that custom law only LW310 Family law 4. 11 applied where no other law was in force. The Court also found that custom law is not uniform in Vanuatu and; Although it is conceivable that there might not be a need for strict rules regarding the obtaining of evidence of a particular custom if and when the need arises to establish a particular custom, evidence must, nevertheless, be obtained and a clear custom must be established. ’ READ Waiwo v Waiwo [1996] VUMC 1 and Banga v Waiwo [1996] VUSC 5 In Solomon Islands and Kiribati where UK Acts still apply, damages for adultery may be claimed by petitioner husbands. Where damages are not available the court may order an adulterer to pay costs. S t u d y T a s k 1 CONSIDER THE FOLLOWING QUESTIONS Adultery and Divorce 1. Do you think it is sufficient for the petitioner to simply show that the respondent has committed adultery OR that the respondent has committed adultery AND ALSO that the petitioner finds it intolerable to live with the respondent? 2. If it is sufficient only to show that the respondent has committed adultery is one incident of adultery sufficient? 3. To what extent should the court investigate the claim? If the petitioner files an affidavit stating he or she believes the respondent to have to have committed adultery is that sufficient? . What does adultery as a ground for divorce which is frequently relied on tells us a) about marriage b) about people? 5. Should it make any difference to a divorce petition if the petitioner has also committed adultery? 6. Is the adultery of a woman more serious than that of a man? If yes why? 7. If the ground for divorce is irretrievable breakdown or final breakdown of a marriage and the matrimonial fault relied on is adulter y, should this be viewed more gravely than other matrimonial offences such as cruelty, habitual drunkenness, or desertion? . Could adultery be claimed as the ground for divorce even if in fact it is not this but other factors which have led to the irretrievable breakdown of the marriage? 9. To what extent should the law of divorce be used to punish adultery? 10. What is the advantage/disadvantage of joining a co-respondent to adultery in a divorce action? 11. Should a petitioner be able to claim damages from more than one corespondent? What are damages for in such cases? 12. Would it make any difference if the respondent had promised to marry the coLW310 Family law 4. 12 respondent? 13. Should a co-respondent ask if the respondent is married before having intercourse with him or her? 14. Should it make a difference – in law – if the co-respondent is married or not? 15. Is adultery a) unlawful b) immoral c) a fact which may be evidence of the breakdown of a marriage? 16. Should any consideration be given to the fact that there are children born from the adulterous union? II. Desertion In Tuvalu and Nauru the sole ground upon which a petition for divorce may be presented is that the marriage has completely broken down (Matrimonial Proceedings Act Tuvalu s 9(1) and broken down irretrievably(Matrimonial Causes Act 1973 s 8 Nauru) respectively. In Tuvalu, desertion without reasonable cause (s. 9(2)(b) may be accepted as evidence of marriage breakdown whilst in Nauru it is one of the grounds which, if proved, can lead to a finding that the marriage has broken down irretrievably. (s 9 (1)(a)(ii) Desertion is not a ground for divorce in Tokelau. READ ss 9(1) and 9 (2)(b) Matrimonial Proceedings Act [Cap 21] (Tuvalu) The applicable provisions in Kiribati, (Native Divorce Ordinance s 4(b) and Matrimonial Causes Act (UK) 1950 s 1(b)) Niue ((NZ) Niue Act 1966 s 534(3)(c)) Solomon Islands (The Islanders Divorce Act [Cap 48] S5(1)(b) and Matrimonial Causes Act 1950 (UK. ) s 1(b)) and Vanuatu ( Matrimonial Causes Act [Cap 192] s 5(a)(ii)) state that the respondent must have deserted the petitioner without just cause (the wording in the Kiribati and Solomon Islands legislation is without cause) for at least three years. In the Cook Islands and Nauru the period is two years prior to filing the petition ( Matrimonial Proceedings Act, 1963 (NZ) s 21 (c) and Matrimonial Causes Act 1973 ss 9(1)(ii), 12 (3). 54) Wilful desertion is statutorily provided for in Cook Islands (Matrimonial Proceedings Act, 1963 (NZ) s 21 (c)); Marshall Islands (26 MIRC 1 s 15 (c)); Samoa (Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(b)) and Tonga (The Divorce Act [Cap 29] s 3(1)(c)). LW310 Family law 4. 13 The Marshall Islands Act prescribes a period of not less than one year before wilful desertion may be alleged, Samoa prescribes three years and the other jurisdictions prescribe two years. READ s 7(1) (b) Divorce and Matrimonial Causes Ordinance, 1961(Samoa) There appears to be no difference in law between wilful desertion and desertion as in all cases the burden is on the petitioner to show that throughout the statutory period the desertion subsisted without cause. A distinction can be made however between desertion and constructive desertion. Facts presented to the court must show that the respondent intended to leave the marriage and that the desertion was against the will of the petitioner. If the behaviour of one party to the marriage causes the other to leave the matrimonial home then constructive desertion may be argued. Cook Islands also allow desertion to continue notwithstanding that during the period of the desertion the deserting party becomes incapable of forming or having an intention to continue the desertion (Matrimonial Proceedings Act, 1963 (NZ) s 24) A review of desertion as a ground for divorce can be found in the Solomon Island case of Kikolo v Aberam [2002] SBHC 28. In the Fiji case of Kistamma v Sarojini [1977] 23 FLR 86, desertion was not made out because the respondent was found to have made a genuine offer to return to the marriage. See also Ledua v Uluiborotu [1994] FJHC 182 and compare Peck v Peck [1993] FJHC 34 There may be some confusion between desertion as a ground for divorce and separation. This was considered in the case of Peck v Peck [1993] FJHC 34 III. Failure to Consummate the Marriage The issue as to whether or not the marriage has been consummated is dealt with in some jurisdictions as a ground for divorce and in others as rendering the marriage voidable. The latter approach is taken by Cook Islands (Matrimonial Proceedings Act, 1963(NZ) s 18 (2)(a)); Nauru (Matrimonial Causes Act 1973 s 22 (e)); Samoa (Divorce and Matrimonial Causes Ordinance 1961 s 9(3)(a)); Solomon Islands (The Islanders Divorce Act [Cap 48] s13 (1)(a) and Matrimonial Causes Act 1950 (UK. ) s 8 (1)(a)) and Vanuatu (Matrimonial Causes Act [Cap 192] s 2(1)(a)). In Fiji, if a party was incapable of consummating, the marriage used to be rendered voidable (Matrimonial Causes Act [Cap 51] s 9(1) (a)) 70 whilst wilful and persistent refusal to consummate was a ground for divorce (Matrimonial Causes Act [Cap 51] s 14(c)). The new Family Law Act abolishes this ground for divorce. Inability of failure to consummate may however lead to the irretrievable breakdown of the marriage. In Tuvalu the term voidable is not used but wilful refusal to consummate provides an entitlement to divorce (Matrimonial Proceedings Act [Cap 21] s 8). LW310 Family law 4. 14 The Marshall Islands legislation provides that:- ‘A decree annulling a marriage may be rendered on any ground existing at the time of the marriage which makes the marriage illegal and void or voidable. A court may, however, refuse to annul a marriage which has been ratified and confirmed by voluntary cohabitation after the obstacle to the validity of the marriage has ceased, unless the public interest requires that the marriage be annulled. (26 MIRC 1 s 12)? In Kiribati it is a ground for divorce if the respondent has either wilfully refused or is incapable of consummating the marriage (Native Divorce Act [Cap 60] s 4(d)) whilst in Tonga the section is much wider and provides that if:- the respondent at the time of the marriage is and continues to be incapable of consummating the marriage by reason either of some structural defect in the organs of generation which is incurable and renders complete intercourse impracticable or of some incurable mental or moral disability resulting in an invincible repugnance to sexual intercourse with the petitioner. Divorce Act [Cap 29] s3 (1) (e)) The petitioner has grounds for the marriage to be dissolved. In the region, only Tokelau does not provide for failure to consummate as either a ground for divorce or as possibly rendering a marriage voidable. IV. Cruelty Whilst cruelty is not mentioned specifically in the legislation of Cook Islands, Nauru, Niue and Tonga it is a ground for divorce elsewhere in the region in Kiribati Marshall Islands and Samoa. In Vanuatu, such cruelty must be persistent. A clear consideration of what may amount to cruelty was considered in the case of Kong v Kong [1999] VUSC 41. See also the approach taken in the Marshall Islands where; „the guilt of either party toward the other of such cruel treatment, neglect or personal indignities, whether or not amounting to physical cruelty, as to render the life of the other burdensome and intolerable and their further living together unsupportable? (26 MIRC 1 s 15(b)81) †¦is a ground for divorce. The scope of the cruelty is extended by the Regulations in Tokelau which specify that the cruelty can be directed to the applicant or a child of the applicant (Tokelau Divorce Regulations 1987 Reg. 3). The applicable provisions in Cook Islands, Niue and Samoa require that the respondent be not only habitually cruel but a habitual drunkard as well ((NZ) Matrimonial Proceedings Act, 1963 s 21 (e); (NZ) Niue Act 1966 s 534 (3)(d); Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(c)83). LW310 Family law 4. 5 In the Solomon Islands case of Elaine Bui v Anthony Makasi [1993] SBHC 3, the applicant succeeded in obtaining a divorce on the ground of cruelty. Justice Palmer held that it was not necessary to find physical violence and considered four specific allegations. Three of the allegations involved assaults and threats against the petitioner whilst the respondent was drunk and the fourth allegation involved an assault on the eldest child of the parties. READ THE CASE NOW V. Criminal C onvictions In the Cook Islands, Samoa, and the Solomon Islands and for non i-Kiribati only a respondent husband can be guilty of rape, sodomy or bestiality and sued for divorce by his wife. (Cook Islands Matrimonial Proceedings Act, 1963(NZ) s 21(1)(h);Kiribati Matrimonial Causes Act 1950 (UK) s 1; Samoa Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(k), Solomon Islands The Islanders Divorce Act (Cap 48) s 5 (1) and Matrimonial Causes Act 1950 (UK. ) s 1) In Vanuatu, a wife may divorce her husband if he has been convicted of rape or an unnatural offence (Matrimonial Causes Act [Cap 192] s5). Incest, attempted rape or assault with intent to rape a child of the either party provides a ground for divorce in the Cook Islands Matrimonial Proceedings Act 1963 (NZ) s 21(1) (g) and Niue (Niue Act 1966 (NZ) s 543(f)) as does sexual intercourse or attempted sexual intercourse with the child. Husbands in Niue who commit rape or buggery(s 543(g) or either party to a marriage in the Cook Islands, Samoa or Niue who is convicted of murder may also be divorced. Other criminal convictions which provide a ground for divorce are those which result in various periods of imprisonment including for a life sentence, seven years and five years. (E. g. Marshall Islands 26 MIRC 1 s 15(e) stipulates imprisonment for life or for three years or more; see also: Samoa Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(l) and Tonga The Divorce Act, 1927 s 3 (1)(a)). Serious offences against the petitioner are also specifically provided as a ground for divorce in three jurisdictions. In three of these, offences against a child of the parties are included: Cook Islands (Matrimonial Proceedings Act, 1963(NZ) s 21(1) (f); Niue (Niue Act 1966 (NZ) s 534 (3) (e)) and Samoa (Divorce and Matrimonial Causes Ordinance 1961 s 7 (d)) READ s 7(d) Divorce and Matrimonial Causes Ordinance, 1961(Samoa) VI. Drunkenness In the jurisdictions where drunkenness is a ground for divorce, such as Cook Islands (Matrimonial Proceedings Act 1963(NZ) s 21(1) (f)) Samoa (Divorce and Matrimonial Causes Ordinance 1961) s 7(1) (d)) and Niue (Niue Act 1966 (NZ) s 534 (3) (e)) the legislation is not uniform although the Cook Islands, Niuean and LW310 Family law 4. 16 Samoan Acts are in very similar terms. As noted above these Acts link drunkenness and cruelty. They also link other behaviour with drunkenness along the lines of traditional gender roles in marriages, as illustrated by the Samoan provision which states; that the respondent has for three years or more been a habitual drunkard and has either habitually left his wife without sufficient means of support or habitually been guilty of cruelty toward her; or, being the petitioner? wife has for a like period been a habitual drunkard and has habitually neglected her domestic duties and rendered herself unfit to discharge them. (Divorce and Matrimonial Causes Ordinance 1961) s 7(1) (c)) In the Cook Islands and Niue, the relevant section is in similar terms with a three year time period for a husband who is a habitual drunkard or drug addict and who either leaves his wife without means of support or who is habitually cruel to her. (Cook Islands Matrimon ial Proceedings Act, 1963(NZ) s 21(1) (e); Niue, Niue Act 1966 (NZ) s 534(3) (d)). A wife must be similarly addicted and either habitually neglect her domestic duties and have been unfit to discharge them or be habitually guilty of cruelty towards the husband. (Cook Islands Matrimonial Proceedings Act, 1963 (NZ) s 21 (e)(i)which prescribes a period of two years following amendment by the Cook Islands Amendment Act1982; Niue Niue Act 1966 (NZ) s 534(3) (d)(i)). In the Marshall Islands the time period is reduced to not less than one year. The applicable section requires habitual intemperance in the use of intoxicating liquor or drugs (26 MIRC 1 s 15(d)). Obviously the time restrictions are used to bar applications for divorce after one or several episodes involving excessive use of alcohol or other drugs. VII. Failure to Maintain In Niue and in Samoa a petitioner wife may only rely on insufficient means of support if the respondent husband is a habitual drunkard or addict (Niue Act 1966 (NZ) s 534(3) (d) (i) and Divorce and Matrimonial Causes Ordinance (1961) s 7(1) (c) (Samoa)). The equivalent provision in Marshall Islands targets the wilful neglect by the husband to provide suitable support for his wife when able to do so or when failure to do so is because of his idleness, profligacy or dissipation (26 MIRC 1 S15 (I)). VIII. Presumed Dead In the Cook Islands it is a ground for divorce if the respondent can be presumed dead on reasonable grounds. (Matrimonial Proceedings Act, 1963 (NZ) s 19) Separate provision is made for this in Samoa where five years absence is required (Divorce and Matrimonial Causes Ordinance (1961) s 8) and in Nauru, Marshall LW310 Family