Digital Laws - Forensics & Information Security - Digital Forensics Ess

Question: Compose an article on Digital Forensics? Answer: Presentation: The capacity to gather information or data with the end goal of the basic examination is considered as a fundamental ability in the field of Criminal Justice (Caloyannides, 2004). Such aptitudes are vital with the end goal of critical thinking. The appearance of software engineering and innovation has offered ascend to another space of criminology: the computerized or PC wrongdoings. The rundown of the procedures used to direct computerized violations is developing as time passes: obviously that record do of criminal equity is likewise adjusting to the current circumstance by joining different advancements and com putting strategies to battle such wrongdoings (Clarke, 2010). In any case, it ought to likewise be remembered the procedures utilizing which such violations are being led are getting increasingly more complex with time, thus the criminal equity framework should consolidate recently created and inventive strategies in order to stay aware of the developing computerized wrongd oing methods. PC legal sciences or advanced legal sciences is one such PC innovation that is as of now being utilized in different operational exercises that are fundamental to research any computerized wrongdoing (Wiles, 2007). In this paper, different parts of the field of computerized or PC legal sciences have been examined in order to assess the significance of this innovation in the general public and in the field of criminal equity. PC legal sciences, alongside the study of advanced measurable, can be characterized with a certain goal in mind as that field PC contemplates which helps during the time spent gathering and breaking down different data or potentially record from any PC frameworks or gadgets and related stockpiling media units that can be treated as lawful proof in any courtroom (Craiger Shenoi, 2007). These PC crime scene investigation included specialists engaged with any case are responsible for those operational procedures that are led for the assessment of diff erent documents, envelope and other computerized media that are put away on any processing gadget or on extra stockpiling media in order to recoup records of data that may be relevant to any lawful circumstance or potentially matter (Wiles Reyes, 2007). Obviously, PC criminology alludes to that space of software engineering which manages the examination and investigation of the individual and private advanced records of any individual or any association, given that particular individual or association has been engaged with any legitimate issue (Gogolin, 2013). The area of PC criminological science is worried about the information assortment and examination process followed by exploring while at the same time testing any computerized or PC wrongdoing. While thinking about the examination system, it very well may be said that this specific control of software engineering fuses and actualizes the broadly known advancements and methods that are utilized during the time spent information revelation and recuperation. Alongside this highlights, the order of PC crime scene investigation likewise incorporates different rules, practices and philosophies that are helpful in making legitimate reviews (Jones, Bejtlich Rose, 2006). The proof and data that are assembled by any PC crime scene investigation group over the span of the examination are oppressed those exact same conventions, rules and practices that some other measurable information or report are exposed to. As on account of other measurable proof, the data gathered from of advanced scientific examination forms can't be altered or messed with in any capacity, and different established rules ought to be followed to safeguard them, to such an extent that they can be utilized in any reasonable lawful method or preliminary (Li, 2010). Significance of advanced/PC legal sciences: The approach of the web has changed the procedure where wrongdoing scenes were explored before: the dynamic idea of the web is reflected in the manner hoodlums plan and direct violations, along these lines making the assignment of gathering data or proof utilizing the customary systems increasingly more troublesome as time passes (Volonino Anzaldua, 2008). As, the different sites that are utilized arranging or leading any wrongdoing may be available on the web on one day and may be pulled down on the following day (Nikkel, 2014). Then again, as the entrance to web is inescapable in most evolved nations nowadays, hoodlums can access the web from different PC gadgets at various focuses in time, every book from an alternate area. While conventional exploring methods would not have the option to recognize o examine any wrongdoing directed in this procedure, advanced or PC crime scene investigation can be utilized research such episodes (Vacca, 2005). The Internet Protocol (IP) delivers u sed to direct any digital wrongdoing can be effortlessly recognized utilizing advanced legal sciences, which thusly parts with the location of the specific PC used to access the web and the specific time at which the wrongdoing was led: when the time and spot at which the wrongdoing was started opens up to the agents, somewhat more testing would doubtlessly uncover the individual of gathering of people who had led the underhanded (Marshall, 2008). Notwithstanding, computerized criminology can be utilized to gather information or proof in a wide scope of cases other than that of digital violations. It has been seen that numerous wrongdoers who are engaged with wrongdoings like rape, sedate managing, undercover work, blackmail, auto robbery, murder, capturing, monetary violations, criminal hacking and even in psychological oppression, will in general have put away whatever implicating information on their registering machines that are all that could possibly be needed to demonstrate their relationship with such wrongdoings (Solomon, Barrett Broom, 2005). In such cases, the information or proof gathered from their registering gadgets, as uncovered by advanced criminological specialists, are utilized as legitimate proof in all official courtrooms (Mohay, 2003). Impact of the advanced/PC crime scene investigation on society: Let us consider one of the absolute first cases that were unraveled by researching forms that used the assistance of computerized or PC criminology. In 1998, a humble community in Vermont, known as the Fair Haven, saw a homicide in which a bit of funnel bomb was utilized as a weapon. In this specific case, Chris Marquis, who was a multi year old adolescent around then, had allegedly declared on a gathering on the web that he would sell some CB radios on the Internet (Nelson, Phillips Steuart, 2010). In any case, in all actuality he was planned for defrauding the purchasers since he had no such radio gadget to sell. A 35years old individual named Chris Dean got one of his casualties. This individual was from Pierceton in Indiana, and Marquis had conned him for about hundred dollars. At the point when Dean understood that he had been misled, he made a few purposeless endeavors to speak with Marquis and had apparently sent some compromising messages to him. Nonetheless, on the nineteent h of March 1998, a funnel bomb was conveyed by the UPS to Marquis' home: Marquis was murdered as the bomb detonated, leaving his mom seriously harmed (Kessler, 2005). The transportation mark utilized by UPS drove the neighborhood specialists to Dean, and the FBI found the undermining messages found on his PC. These two bits of proof were utilized as the key proof utilizing which Deans contribution in Marquis' demise was demonstrated and Dean was sentenced in a courtroom. At present, Chris Dean is carrying out a real existence punishment in one of the government jails of the nation. The effect of advanced or PC legal sciences on the general public can likewise be shown utilizing the case that has been examined in the accompanying area. In March 2005, a sequential executioner, generally known as the BTK executioner was captured from Wichita in Kansas, in light of the data gave by a solitary computerized record (Kessler, 2005). The executioner had been engaged with a progression of murders for as far back as 30 years: in any case, a little misstep led was at last used by the specialists to end his slaughtering binge. The executioner had a propensity for sending letters to the neighborhood TV focus at Wichita to illuminate the general mass about the murdering he had made: in one such case the executioner had utilized the data about his endeavors to the nearby TV channel. The nearby police got it together of this email, from which the primary name of the creator was effectively discovered. The metadata properties of the mail likewise uncovered the name of the associ ation to which the gadgets had a place utilizing which these messages were being sent. The messages uncovered that the executioner was utilizing one of the figuring gadgets of a congregation, and checking the database of the congregation furnished the researching group with the data that the executioner whom they were searching for was the leader of this specific church. An inquiry at the congregation premises gave numerous such bits of proof to the police: the examiners discovered a floppy circle that contained an archive where a plan for a next committee meeting was talked about, alongside the letter that was sent to the nearby TV station by means of the electronic mail. Until this stage, Dennis Rade was failing to be considered as a suspect for the killings; anyway a solitary of electronic mail was sufficient to uncover the genuine qualities of Pastor Dennis Rade, the leader of the congregation. Hence, it very well may be said that the significance of advanced or PC crime scene investigation is equivalent to that of different strategies that are utilized to keep up harmony and a degree of security in the general public (Solomon, 2011). Significance of computerized/PC crime scene investigation to the field of Information Technology: The coming of innovation is being useful during the time spent growing new and creative advances that can be utilized in recognizing different digital violations, other than gathering data against such wrongdoings and investigating this data to discover such confirmations which can be acknowledged as legitimate confirmations in any official courtroom (Olivier Shenoi, 2006). Broad investigates are being directed all o

Unhealthy Lifestyle free essay sample

Unfortunate LIFESTYLE An undesirable way of life is one of the significant supporter of pretty much every malady, ailment and medical problem that we are looking in this nation and the entire present reality too. Late dozing, eating, breakfast eating, body weight, absence of working out, liquor utilization and smoking, these are the instances of approach to characterize undesirable way of life. Nonetheless, the regular method of characterizing undesirable way of life are poor rest cleanliness, sexual indiscrimination and substance misuse. These days, a huge part of adolescents and youngsters are engaged with undesirable way of life rehearses. Poor rest cleanliness is one of the serious issue that will influence young people of this 21st century. Adolescents these days utilized the majority of their time remaining before the PC, they can have their PC games for throughout the night without dozing, particularly toward the end of the week and occasions, as they had themselves dependent on the game. Gradually, they will destroy their time and will begin to rest in the first part of the day, which is the contrary way and some of them like me even skirt their morning meal in the first part of the day. We will compose a custom exposition test on Undesirable Lifestyle or then again any comparable theme explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page † 24-year-old South Korean man passed on subsequent to playing PC games for 86 hours†. I had found out about this a couple of years back prior. This occurred as stuck to the PC and had no fair rest and suppers with no rest! This obviously shows poor rest cleanliness will genuinely influence our wellbeing and will abbreviate our future too! Another approach to characterize undesirable way of life is the sexual wantonness. Sexual wantonness are regularly can be found in our general public, we can see numerous young people these days are pregnant before their marriage and some in any event, having HIV disease. This is on the grounds that they are having poor way of life conduct, they are use to lay down with companions or even outsiders and having numerous sexual accomplices. In this way, one night stand is normally occurred in our general public. What's more, Sexual indiscrimination will prompt numerous social issues. Spontaneous and surprising pregnancy will cause the fetus removal rate to build, this will make the casualty think and sort things out on a negative way and straightforwardly influence their day by day way of life. Other than that, on the off chance that somebody is contaminated by HIV/AIDS sickness, they should confront diverse sort of results that will influence them by intellectually, socially, genuinely issue in their future. To wrap things up, another particular meaning of undesirable way of life is substances misuse. Tobacco is the most normally take by young people. The primary explanation of youngsters smoking is on the grounds that when they are smoking they have an inclination that they are increasingly developed and more shrewd and appear to be progressively rough in spite of the fact that they realize that is terrible for their wellbeing. A large portion of them can't perform well in their scholarly and furthermore in sports too. This is on the grounds that over the top taking cigarette will harm their cerebrum and their lungs. Another sort of substances misuse is mixed beverage and medications. For instance, Alcoholic beverages and medications have become the dependence on adolescents in night clubs, they take mixed beverages and medications only for making them alcoholic and to discharge their pressure and strain. As an end, everybody in this general public should begin rehearsing a decent solid way of life from now onwards. With the goal that legislature don't need to burn through cash on clinical medicines and inquires about and we don't need to experience the ill effects of disorder any longer. Subsequently let us take care of this issue together as youth are the country most significant source since they are the future guardians and pioneers of the country.

Change Model Essay

Envision that you are an official for XYZ, Inc., a top of the line retail chain that sells extravagance watches, gems, and purses. You’ve simply been placed responsible for the company’s first universal extension, opening a store in Shanghai, China. This will be a present moment, little scope change for the association. Following one year, you will be required to start opening extra stores in Brazil, Russia, India, and China (otherwise called the B.R.I.C. nations). This will be a long haul, huge scope change. In five pages, clarify which change model you would follow for the momentary change and which you would follow for the drawn out change. Give reason to your choice and talk about the impacts that these progressions would have on the workers, chiefs, and officials inside the association. Incorporate in any event three references and keep standard APA organizing for your paper. Synopsis Actualizing arranged hierarchical change is halfway a science, incompletely a craftsmanship. It has additionally become piece of an ideal aptitude setâ€and mindsetâ€needed by most organizations, paying little heed to industry, size, and geographic area. While experience is significant in this undertaking, knowing and utilizing great and contemporary knowledge from models, guides, and structures is vital. Chiefs and rehearsing directors recruit mentors and experts who represent considerable authority in change the executives to help analyze, plan, and actualize individual, gathering, and hierarchical changes in their associations. This section presents the craftsmanship and information on actualizing change. Expanding on the initial two parts, we go inside a major picture change guide to show how three CEOs (Mulally at Ford, Bossidy at AlliedSignal/Honeywell, and Andrea Jung at Avon) utilized mentors, hypothesis, skill, information, and fearlessness to effectively design, execute, and change organizations that were in a difficult situation monetarily, operationally, and deliberately in their commercial centers. We show how change champions can utilize these equivalent aptitudes and limits such as visioning, building up a crucial new qualities, rousing change, creating political help, mapping and overseeing partners, and driving the real progress. To viably lead and deal with the execution procedure, it is likewise critical to (1) remember the 10,000 foot view; (2) pick the correct mediations; (3) utilize a sound change model to design and deal with the change procedure; (4) keep individuals drew in and make the motivator for change more prominent than the impetus to remain the equivalent; and (5) recognize and oversee protection from change. This includes seeing how to adjust an organization’s new vision, crucial, qualities to accommodate its technique, culture and individuals, structure, and working systemsâ€as exemplified in the narratives of the three CEOs Mulally, Bossidy, and Jung. They likewise needed to change their own mindsetsâ€become the change they expected of those whom they drove. The part additionally shows what is associated with organizing and allocating people and groups to help drive the change. This includes choosing a support from the association who can be trusted and who can manage the whole change process. At that point an Executive group that works with Leadership and Consulting Project groups must be enrolled to teach, impart, spur, and oversee detail exercises to make the new vision an authoritative reality. At long last, we talk about how to successfully lead and oversee inner and outer partners during the usage procedure. This requires perceiving and managing legislative issues, force, and struggle to guarantee moral and synergistic societies and practices in all change endeavors. View as multi-pages

Carriage of Goods by Sea - Free Essay Example

Part A: Butcher Ltd KRY Ltd The contract of affreightment is evidenced by the bill of lading where, as here, the goods to be carried only form part of the total cargo. The liability of the carrier under the bill of lading is now subject to a combination of the rules introduced by the Maritime Law Committee of the International Law Association held in the Hague in 1921 as revised by the Brussels Protocol of 1968, known collectively as the à ¢Ã¢â€š ¬Ã¢â€ž ¢Hague/Visby Rulesà ¢Ã¢â€š ¬Ã¢â€ž ¢. It is agreed here that the bill of lading is subject to English law which passed legislation (the Carriage of Goods by Sea Act 1971) to implement these rules. It is also necessary to have regard to the Carriage of Goods by Sea Act 1992 which governs all contracts of carriage entered into after 16 September 1992. The object of the Hague/Visby Rules is to establish the minimum obligations of the carrier and to define the maximum immunities to which he is entitled and the extent to which he is able to limit his liability. Article III, rule 2 provides: à ¢Ã¢â€š ¬Ã…“Subject to the provisions of Article IV, the carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods deliveredà ¢Ã¢â€š ¬Ã‚ . So far as the cobras in Container A are concerned, these are expressly excluded by Art.1(c): à ¢Ã¢â€š ¬Ã…“Goodsà ¢Ã¢â€š ¬Ã‚  includes goods, wares, merchandise, and articles of every kind whatsoever except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carriedà ¢Ã¢â€š ¬Ã‚ . In any event, Art.IV, rule 2 provides the à ¢Ã¢â€š ¬Ã…“ca talogue of exceptionsà ¢Ã¢â€š ¬Ã‚  which are available to the carrier under the Rules. These include: à ¢Ã¢â€š ¬Ã…“Neither the carrier or the ship shall be responsible for loss or damage arising or resulting from a) Act, neglect, or default of the master, mariner, pilot or the servants of the carrier in the navigation or in the management of the ship.à ¢Ã¢â€š ¬Ã‚  While there is little difficulty in interpreting à ¢Ã¢â€š ¬Ã…“faults in navigationà ¢Ã¢â€š ¬Ã‚ , the concept of à ¢Ã¢â€š ¬Ã…“management of the shipà ¢Ã¢â€š ¬Ã‚  is more problematic. The uncertainty arises because of the distinction between the duty to take care of the ship and a duty toward the safety of the cargo which in reality can frequently overlap. The applicable test was propounded by Greer LJ[1]: If the cause of the damage is solely, or even primarily, a neglect to take reasonable care of the cargo, the ship is liable, but if the cause of the damage is a neglect to take reasonable care of the ship, or some part of it, as distinct from the cargo, the ship is relieved from liability; for if the negligence is not negligence towards the ship, but only negligent failure to use the apparatus of the ship for the protection of the cargo, the ship is not so relieved.à ¢Ã¢â€š ¬Ã‚  Thus, in Gosse Millerd, a cargo of tinplate was damaged by a failure to secure tarpaulins. The House of Lords held that since the purpose of the tarpaulins was to protect the cargo, the conduct in question related to a failure to protect the cargo rather than the management of the ship. In the case of container A, the failure was due to the failure of the crew to secure one of the side doors of the ship. This might be said to relate to a failure to protect the ship. Conversely, contained C was undamaged so it might be argued that the default was specific to the cargo in Container A and did not impinge upon the safety of the ship. It might be expected, therefore, that the ship owners will arg ue the à ¢Ã¢â€š ¬Ã…“safety of the shipà ¢Ã¢â€š ¬Ã‚  exception in addition to the exclusion of animals clause and the general exclusion contained in clause 3 of the bill of lading. So far as Container B is concerned, this appears to fall within the exception to the Rules described above. Two requirements must be satisfied if the carrier is to escape liability: the cargo must actually be stowed on deck and this fact must be apparent to the innocent transferee from a scrutiny of the bill of lading. In Svenska Traktor v Maritime Agencies[2], a consignment of tractors had been shipped under a bill of lading which conferred a liberty upon the carrier to stow the cargo on deck One of the tractors was washed overboard during the voyage. Pilcher J (at p.300) held: à ¢Ã¢â€š ¬Ã…“A mere general liberty to carry goods on deck is not, in my view, a statement in the contract of carriage that the goods are in fact being carried on deck.à ¢Ã¢â€š ¬Ã‚  As is apparent from Encyclopae dia Britannica v Hong Kong Producer[3], even a liberty to do so unless the shipper lodges an objection will not suffice. Accordingly, the qualification (applicable in the event to Contained B) à ¢Ã¢â€š ¬Ã…“if sufficient space is not available below deckà ¢Ã¢â€š ¬Ã‚  will be unlikely to save the ship from an action in this regard by Butcher Ltd since the bill of lading does not make it sufficiently clear that the cargo will be carried on deck. In this instance, it is unlikely that the carrier will be able to rely upon the exception to the Rules discussed above since the loss of Container B from the deck would appear to be reasonably foreseeable and not related to the management of the ship as opposed to care for the safety of the cargo. It is perhaps fortunate for Butcher Ltd that the carrier will incur primary liability in respect of Container B since their policy of insurance with Max Insurance Corporation is likely to be held to be seriously defective in respect of Contain er B. In Rozanes v Bowen[4], it was held: à ¢Ã¢â€š ¬Ã…“It has been for centuries in England that the law in connection with insurance of all sorts, marine fire, life, guarantee and every kind of policy, that, as the underwriter knows nothing and the man who comes to him to ask him to insure knows everything, it is the duty of the assuredà ¢Ã¢â€š ¬Ã‚ ¦to make full disclosure to the underwriters, without being asked, of all the material circumstances.à ¢Ã¢â€š ¬Ã‚  This principle was applied in Hood v West End Motor Car Packing Co[5] in which a policy of insurance was avoided on the basis that the assured had failed to declare that the cargo may be carried on deck thus increasing the risk. The subject of deviation is treated strictly by the Rules. Article IV, rule 4 limits permissible deviation to à ¢Ã¢â€š ¬Ã…“any deviation in attempting to save life or property at sea or any reasonable deviationà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ . It is said[6] that à ¢Ã¢â€š ¬Ã…“the co urts in the United Kingdom have given an extremely restricted interpretation to the term à ¢Ã¢â€š ¬Ã‹Å"reasonable deviationà ¢Ã¢â€š ¬Ã¢â€ž ¢ with the result that there are few reported cases in which the concept has been successfully invokedà ¢Ã¢â€š ¬Ã‚ . However, in this instance, the bill of lading contains an express clause allowing deviation in à ¢Ã¢â€š ¬Ã‹Å"special circumstancesà ¢Ã¢â€š ¬Ã¢â€ž ¢. Since clauses of this type are principally inserted for the benefit of the shipowner, they will be interpreted strictly and contra preferentem. In Glynn v Margetson[7], a cargo of oranges was loaded in Malaga for shipment to Liverpool. The bill of lading gave the vessel express permission to à ¢Ã¢â€š ¬Ã…“proceed to and stay at any port or ports in any rotationà ¢Ã¢â€š ¬Ã‚ . Despite the breathtaking breadth of this provision to which the shippers had agreed, it was held not to protect the shipowner when the vessel called at ports not on the geographical route to Liverpool whe n the oranges consequently arrived in a damaged state. In this instance, it may be argued that the inclusion of a reference to à ¢Ã¢â€š ¬Ã…“special circumstancesà ¢Ã¢â€š ¬Ã‚  means that this liberty should be construed more strictly and Master Gabettaà ¢Ã¢â€š ¬Ã¢â€ž ¢s deviation to Valletta does not fall within the definition of such circumstances and the purported protection should be struck down in any event in accordance with the principle propounded in Glynn. Traditionally, such an unjustifiable deviation was regarded as a fundamental breach of the contract of affreightment. Doubt was cast upon this as a result of the decisions in Suisse Atlantique[8] and Photo Production v Securicor[9] but the best guidance is probably to be obtained from the Court of Appeal judgments in The Antares[10] in which Lloyd LJ expressed the view that à ¢Ã¢â€š ¬Ã…“the deviation cases should now be assimilated into the ordinary law of contractà ¢Ã¢â€š ¬Ã‚ . Wilson[11] opines: à ¢Ã¢â€š ¬Ã …“Such an approach would require the courts to take into consideration the entire terms of the contract, including both exceptions and liberty clauses, with a view to discovering whether, on their true construction, the parties intended them to apply to the new situation, I.e. the substituted voyage.à ¢Ã¢â€š ¬Ã‚  On such a construction, it appears highly unlikely that the personal imperatives of Master Gabetta would absolve the ship owners from liability in respect of the damage to the watermelons. However, it should be borne in mind that such damage could be argued not to have been caused by the diversion to Valletta but rather by the ensuing delay of some three weeks that was enforced by the port workers strike. Butcher Ltd may be argued to be at the mercy of the strike but the reasons for it will have to be scrutinised. In The New Horizon[12], Lord Denning MR stated: à ¢Ã¢â€š ¬Ã…“I think a strike is a concerted stoppage of work by men done with a view to improving their wages or conditions, or giving vent to a grievance, or making a protest about something or other, or supporting or sympathising with other workmen in such an endeavour. It is distinct from a stoppage which is brought about by an external event such as a bombscare or an apprehension of danger [emphasis supplied].à ¢Ã¢â€š ¬Ã‚  However, unless the strike can be blamed upon such an external factor, it is probable that the shipowner will be protected by the exception supplied by Art.IV, rule 2(j) of the Rules which expressly provides for à ¢Ã¢â€š ¬Ã…“strikes or lockouts or stoppage or restraint of labour from whatever cause, whether partial or generalà ¢Ã¢â€š ¬Ã‚ . So far as KRY Ltd is concerned, the bill of lading will act as a document of title to the goods in Container C. This is now expressly provided for by the Carriage of Goods by Sea Act 1992 which provides that title to sue is vested in the lawful holder of the bill of lading with à ¢Ã¢â€š ¬Ã…“lawful holder à ¢Ã¢â€š ¬Ã‚  being defined, inter alia, as an indorsee of the bill. The ability of KRY Ltd to sue in tort is subject to the qualification provided in Margarine Union v Cambay Prince[13] in which a cargo of copra was seriously damaged as a result of the negligence of the ship owner. The plaintiff was the holder of a delivery order for part of the cargo issued by the seller under a c.i.f. contract. As the plaintiff did not become owner of the goods until they were ascertained on discharge, it was held that an action in negligence could not lie. This betrays an underlying public policy consideration, namely, the reluctance of the courts to allow recovery for pure economic loss and the undesirability of allowing an indorsee to sue in negligence, unconstrained by the terms of the contract of carriage. This principle, therefore, may well prevent KRY Ltd from pursuing an action in negligence alone and they will therefore be limited by the principles applicable to Container C discussed a bove. Part B: Amount of Cargo At common law the bill of lading in the hands of the shipper is prima facie evidence of the quantity or weight of goods shipped. Accordingly, if the Master is unable to check the quantity, he is at risk of exposing the carriers to liability in the event that the discharged cargo fails to amount to the quantity recorded. The burden upon the carrier is a heavy one since it will then require him to prove that the goods were not in fact shipped. The balance of probabilities test does not apply in this situation and therefore it will not be possible to argue that it is more likely than not (as would appear common sense) that the goods delivered equate to the goods loaded. In Smith v Bedouin Steam Navigation Co[14] 988 bales of jute were delivered under a bill of lading which stated that 1000 bales had been shipped. Lord Shand stated that: à ¢Ã¢â€š ¬Ã…“The evidence must be sufficient to lead to the inference not merely that the goods may possibly not have been shipped, but that in point of fact they were not shipped.à ¢Ã¢â€š ¬Ã‚  In Grant v Norway[15], the position was more extreme still: the Master had signed a bill acknowledging that 12 bales of silk had been shipped where in fact none had been taken on board. It was held that the indorsees of the bill were not entitled to recover when it was in fact established that no bales had been shipped. Jervis CJ stated: à ¢Ã¢â€š ¬Ã…“It is not contended that the captain had any real authority to sign bills of lading unless the goods had been shipped; nor can we discover any ground on which a party taking a bill of lading by indorsement would be justified in assuming that he had authority to sign such bills, whether the goods were on board or not.à ¢Ã¢â€š ¬Ã‚  This created an anomaly in that it rendered meaningless the signature of the Master upon a bill of lading where it was subsequently possible to prove that his acknowledgement of quantity had been incorrect. The Hague/Visby Rules (Art.III, rule 4) remove this protection from the Master in this situation by providing that statements as to quantity in a bill of lading are conclusive evidence in favour of a consignee or indorsee who takes the bill in good faith. This is reinforced by s.4 of the Carriage of Goods by Sea Act 1992 which provides that representations in a bill of lading are conclusive evidence against the carrier in favour of the lawful holder of a bill. However, the Master here has the advantage of being able to contract out of the representation of quantity in the bill. In New Chinese Antimony Co Ltd v Ocean Steamship Co[16], a bill of lading expressly stated that 937 tons of antimony oxide had been shipped. However, the bill contained a standard clause to the effect that à ¢Ã¢â€š ¬Ã…“weight, measurement, contents and value (except for the purpose of estimating freight) [are] unknownà ¢Ã¢â€š ¬Ã‚ . This was a powerful decision in favour of carriers since the Court of Appeal held that this pre-printed clause even had the effect of displacing the express statement as to quantity and that such a statement in such circumstances was evidence only of the amount which the shipper maintained to be comprised in the cargo. It is recommended therefore that the Master in this situation protect the position of his owners by an indorsement on the bill in such terms as à ¢Ã¢â€š ¬Ã…“shipperà ¢Ã¢â€š ¬Ã¢â€ž ¢s countà ¢Ã¢â€š ¬Ã‚ , à ¢Ã¢â€š ¬Ã…“said to beà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚  or even a flatly contradictory à ¢Ã¢â€š ¬Ã…“weight and quantity unknown. He should be aware, however, that under the Hague/Visby Rules, (Art.III, rule 2) the shipper is able to demand that the carrier issue a bill of lading showing à ¢Ã¢â€š ¬Ã…“either the number of packages or pieces, or the quantity or weight as the case may be, as furnished in writing by the shipperà ¢Ã¢â€š ¬Ã‚ . The carrier is under no obligation to issue a bill acknowledging the quantity of cargo unle ss required to do so by the shipper. Failure to observe this procedure will of course generally operate to the prejudice of the ultimate consignee. However, it also provides valuable protection to a Master in a situation such as this. This Master should therefore exercise care since the basic position under the Rules is the same as that at common law in terms of the prima facie evidentiary value of the bill of lading so far as determining quantity is concerned with the important qualification that the Rules also provide protection in this regard to a third party to whom the bill has been transferred acting in good faith. The very fact of acting in good faith would give rise to an estoppel preventing the carrier denying the quantity of the bill of lading (no consideration is required) and the Master should have regard to this potential consequence in addition to any duty immediately apparent. Bibliography Dockray, M., Cases and Materials on the Carriage of Goods by Sea, (3rd Ed ., 2004) Treitel, G., The Law of Contract, (11th Ed., 2003) Wilson, J., Carriage of Goods by Sea, (5th Ed., 2004) Westlaw International Convention for the Unification of Rules of Law Relating to Bills of Lading, Brussels, August 25, 1924 (à ¢Ã¢â€š ¬Ã…“The Hague Rulesà ¢Ã¢â€š ¬Ã‚ ) Footnotes [1] Gosse Millerd v Canadian Government Merchant Marine, dissenting judgment upheld by the House of Lords at [1929] AC 223 [2] [1953] 2 QB 295 [3] [1969] 2 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 536 [4] (1928) 32 LlLR 98 at 102 [5] [1917] 2 KB 38 [6] Wilson, J., Carriage of Goods by Sea, (5th Ed., 2004), p.19 [7] [1893] AC 351 [8] [1967] 1 AC 361 [9] [1980] AC 827 [10] [1987] 1 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 424 [11] Op. Cit., p.22 [12] [1975] 2 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 314 at p.317 [13] [1969] 1 KB 219 [14] [1896] AC 70 [15] (1851) 10 CB 665 [16] [1917] 2 KB 664

How Carbon-14 Is Used To Date Artifacts

In the 1950s W.F. Libby and others (University of Chicago) devised a method of estimating the age of organic material based on the decay rate of carbon-14. Carbon-14 dating can be used on objects ranging from a few hundred years old to 50,000 years old. What Is Carbon-14? Carbon-14 is produced in the atmosphere when neutrons from cosmic radiation react with nitrogen atoms: 147N 10n → 146C 11H Free carbon, including the carbon-14 produced in this reaction, can react to form carbon dioxide, a component of air. Atmospheric carbon dioxide, CO2, has a steady-state concentration of about one atom of carbon-14 per every 1012 atoms of carbon-12. Living plants and animals that eat plants (like people) take in carbon dioxide and have the same 14C/12C ratio as the atmosphere. However, when a plant or animal dies, it stops taking in carbon as food or air. The radioactive decay of the carbon that is already present starts to change the ratio of 14C/12C. By measuring how much the ratio is lowered, it is possible to make an estimate of how much time has passed since the plant or animal lived. The decay of carbon-14 is: 146C → 147N 0-1e (half-life is 5720 years) Example Problem A scrap of paper taken from the Dead Sea Scrolls was found to have a 14C/12C ratio of 0.795 times that found in plants living today. Estimate the age of the scroll. Solution The half-life of carbon-14 is known to be 5720 years.​ Radioactive decay is a first order rate process, which means the reaction proceeds according to the following equation: log10 X0/X kt / 2.30 where X0 is the quantity of radioactive material at time zero, X is the amount remaining after time t, and k is the first order rate constant, which is a characteristic of the isotope undergoing decay. Decay rates are usually expressed in terms of their half-life instead of the first order rate constant, where k 0.693 / t1/2 so for this problem: k 0.693 / 5720 years 1.21 x 10-4/year log X0 / X [(1.21 x 10-4/year] x t] / 2.30 X 0.795 X0, so log X0 / X log 1.000/0.795 log 1.26 0.100 therefore, 0.100 [(1.21 x 10-4/year) x t] / 2.30 t 1900 years

Why Did Martin Luther Start The Protestant Reformation.

Why did Martin Luther start the Protestant Reformation? After five centuries, it is easy to reduce the Protestant Reformation to a dispute over corruption in the Roman Catholic Church. But was it dissension over corruption or was it more complex than that? While corruption existed in the Church during the Renaissance, the Reformation was as much about politics, theology, and individualism, as it was about rooting out corruption. When looking at the religious values that guide human choices, why did Martin Luther break away from the Catholic Church? It would seem that patience and more open communication by both sides could have prevented the initial break between Martin Luther and the Catholic Church. This would have spared the†¦show more content†¦Luther’s study of St. Paul, through the lens of St. Augustine, changed how he felt. Luther came to understand that the righteousness of God of which Paul wrote in Romans 1:17, referred to the righteousness by which the sinner is graciously justified by faith, not the standard of righteousness by which God would judge sinners struggling to attain justification by their own efforts. This understanding transformed the troubled monk, who now found peace with God through faith. He saw his discovery or recovery of the ancient Pauline teaching as a radical departure from the views of the medieval doctors of the Catholic Church. And yet this was not so. Unbeknownst to Luther, the leading medieval commentators held the same view of the righteousness of God. Luther also came to understand faith as God’s merciful gift by which we receive the further gift of justification, in contrast to all human efforts to merit or earn God’s favor. As a way of insisting that human beings contribute nothing of their own to justification, Luther insisted that man is justified by faith alone. Luther’s discovery was more than a personal breakthrough. He was by now a professor of theology at the University of Wittenberg, where he preached this understanding of the righteousness of God to students. Yet not until the question of the sale of indulgences arose in Luther’s diocese did the issue acquire legs, as the journalists say. Luther’s subsequent break with theShow MoreRelatedMartin Luther And The Protestant Reformation1029 Words   |  5 Pages The Protestant Reformation was a reform movement in the 16th century that was against the Roman Catholic and its way of controlling things. Martin Luther, a reformer along with John Calvin and Henchurches VII. Luther may have had full faith in God, but he also had fear in him and his powers. They questioned the authority of the church and argued over political and religious powers in the hands of the bible. Martin Luther was the starter of it all. Martin Luther was a German monk who decided to startRead MoreMakayla Horton. Dr. Skaggs. 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Creationism and Darwinism Essay Example For Students

Creationism and Darwinism Essay creationism (kr-she-nzem) nounThe position that the account of the creation of the universe given at the beginning of the Bible is literally true. Creationism is the theory that man, the earth, and the rest of the universe was originally created rather than randomly exploding from nothingness into chance existence. We reside on the surface of a small superbly crafted, autonomous self regulating space vehicle. Together with survival, conquest and death we bear witness to beauty, fragrances, love and music. Think about this. Mathematics, philosophy, springtime, depravity, farming, courtship, quasars, and bubble gum; all came from nothingness?, formed by chance? Of all the generations thus far to inhabit the Earth, we have the least excuse for not recognizing the quiet presence of The Scientific Mathematician who set everything into motion around us. We should be in awe, not presumptuous and skeptical. About 3,000 years ago King David of Israel wrote (Psalm 8:3-4) When I consider Your h eavens, the work of Your fingers, the moon and the stars, which You have ordained; what is man that you are mindful of him? And the son of man, that You visit him?Creationism is the product of a literal interpretation of the Biblical story of Genesis. It holds that God created the world in a single act approximately 6,000 years ago-and that human beings, animals, and other forms of life exist today much as they did then. To many creationists, the theory of evolution is heresy. They argue that fossil records and other scientific evidence of evolution are either false or were themselves created by God. In the beginning, God created the heaven and earth.And the earth was without form, and void; and darkness was upon the face of the deep. And the spirit of God moved upon the face of the waters. And God said, let there be light: and there was light. And God saw the light, that it was good; And divided the light from darkness. And God Called the light day, and the darkness he called night . And the evening and the morning were the first day. And God said let there be a firmament in the midst of the waters, and let it divide the waters. Ands God made the firmament, and divided the waters which were under the firmament from the waters which were above the firmament; And it was so. And God called the firmament heaven. And the evening and the morning were the second day. And God said, let the waters under the heavens be gathered together unto one place, and let the dry land appear, and it was so. And God called the dry land earth; and the gathering together of the waters called the seas: And God saw that it was good. And God said, let the earth bring forth grass, the herb yielding seed, and the fruit trees yielding fruit after his kind, whose seed is in itself, upon the earth: And it was so. And the earth brought forth grass, and herb yielding seed after his kind, and the tree yielding, fruit, whose seed was in itself, after his kind; and God saw that it was good. And the evening and the morning were the third day. And God said let there be lights in the firmament of the heavens to divide the day from the night; and let them be for signs, and for seasons, and for days, and years. And let them be for lights in the firmament of the heavens to give light upon the earth; and it was so. .u048a0dc7f1ad3360bc7311dc03a54389 , .u048a0dc7f1ad3360bc7311dc03a54389 .postImageUrl , .u048a0dc7f1ad3360bc7311dc03a54389 .centered-text-area { min-height: 80px; position: relative; } .u048a0dc7f1ad3360bc7311dc03a54389 , .u048a0dc7f1ad3360bc7311dc03a54389:hover , .u048a0dc7f1ad3360bc7311dc03a54389:visited , .u048a0dc7f1ad3360bc7311dc03a54389:active { border:0!important; } .u048a0dc7f1ad3360bc7311dc03a54389 .clearfix:after { content: ""; display: table; clear: both; } .u048a0dc7f1ad3360bc7311dc03a54389 { 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; } .u048a0dc7f1ad3360bc7311dc03a54389:active , .u048a0dc7f1ad3360bc7311dc03a54389:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u048a0dc7f1ad3360bc7311dc03a54389 .centered-text-area { width: 100%; position: relative ; } .u048a0dc7f1ad3360bc7311dc03a54389 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u048a0dc7f1ad3360bc7311dc03a54389 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u048a0dc7f1ad3360bc7311dc03a54389 .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; } .u048a0dc7f1ad3360bc7311dc03a54389:hover .ctaButton { background-color: #34495E!important; } .u048a0dc7f1ad3360bc7311dc03a54389 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u048a0dc7f1ad3360bc7311dc03a54389 .u048a0dc7f1ad3360bc7311dc03a54389-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u048a0dc7f1ad3360bc7311dc03a54389:after { content: ""; display: block; clear: both; } READ: USACE EssayAnd God made two great lights: The greater light to rule the day and the lesser light to rule the night: He made the stars also. And God set them in the firmament of the heaven to give light upon the earth. And to rule over the day and over the night and to divide the light from the darkness: and God saw that it was good. And the evening, and the morning were the fourth day. And God said, let the waters bring forth abundantly the moving creature that hath light, and fowls that may fly above the earth in the open firmament of heaven. And God created great whales, and every living creature that moveth, which the waters brought forth abundantly, after their kind, and every winged fowl after his kind; and God saw that it was good. And God blessed them, saying, Be fruitful, and multiply, and fill the waters in the seas, and let fowl multiply in the earth. And the evening and the morning were the fifth day. And God said, let the earth bring forth the living creature after his kind, cattle and creeping things, and beasts of the earth after his kind: And it was so. And God made the beasts of the earth after his kind, and cattle after their kind, and everything that creepeth upon the earth after his kind: and God saw that it was good. And God said, Let us make man in our image, after our likeness: And let them have dominion over the fish of the sea and over the fowl of the air, and over the cattle, and over all the earth, and over every creeping thing that creepeth upon the earth. So God created man in His own image, in the image of God, He created him; male and female He created them. And God blessed them, and said unto them, be fruitful and multiply, and replenish the earth, and subdue it; and have dominion over the fowl of the air and over every living thing that moveth upon the earth. And God said, Behold, I have given you every herb bearing seed, which is upon the face of all the earth and every tree, in which is the fruit of a tree yielding seed; to you it shall be for meat. And to every beast of the earth, and to every fowl of the air, and to every thing that creepeth upon the earth, wherein there is life, I have given every green herb for meal; and it was so. And God saw everything that he had made, and behold, it was very good. And the evening and the morning were the sixth day. Darwinism (drw-nzem) nounA theory of biological evolution developed by Charles Darwin and others, stating that all species of organisms arise and develop through the natural selection of small, inherited variations that increase the individuals ability to compete, survive, and reproduce. Also called Darwinian theorySome of the early forms of animals were poorly adapted, and their species did not survive. Eventually, the animals as we know them today were formed and survived. This preservation of favourable individual differences and variations, and the destruction of those which are injurious, I have called Natural Selection, or the Survival of the Fittest. The Scopes Monkey TrialsThe Scopes Monkey Trial makes headlines in July as Dayton, Tenn., schoolteacher John T. Scopes, 25, goes on trial for violating a March 13 law against teaching evolution in the states public schools. Backed by the American Civil Liberties Union, Scopes has tested the law by acquainting his classes with the 1859 teachings of Charles Darwin. Defended by Chicago attorneys Clarence Darrow and Dudley Field Malone, he is prosecuted by former secretary of state William Jennings Bryan, found guilty, and fined $100. Bryan dies of apoplexy July 26. Scopes Monkey trials:Williams Jenning Bryan, three-time Democratic candidate for President and a populist, was the leading figure in a Fundamentalist crusade to banish Darwins theory of evolution from American classrooms. Clarence Darrow, who was approaching 70, decided to join the battle in Dayton. Darrow was not the first choice of the ACLU, who was concerned that Darrows zealous agnosticism might turn the trial into a broadside attack on religion. .ued5f76264228306c1e216635c234faeb , .ued5f76264228306c1e216635c234faeb .postImageUrl , .ued5f76264228306c1e216635c234faeb .centered-text-area { min-height: 80px; position: relative; } .ued5f76264228306c1e216635c234faeb , .ued5f76264228306c1e216635c234faeb:hover , .ued5f76264228306c1e216635c234faeb:visited , .ued5f76264228306c1e216635c234faeb:active { border:0!important; } .ued5f76264228306c1e216635c234faeb .clearfix:after { content: ""; display: table; clear: both; } .ued5f76264228306c1e216635c234faeb { 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; } .ued5f76264228306c1e216635c234faeb:active , .ued5f76264228306c1e216635c234faeb:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ued5f76264228306c1e216635c234faeb .centered-text-area { width: 100%; position: relative ; } .ued5f76264228306c1e216635c234faeb .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ued5f76264228306c1e216635c234faeb .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ued5f76264228306c1e216635c234faeb .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; } .ued5f76264228306c1e216635c234faeb:hover .ctaButton { background-color: #34495E!important; } .ued5f76264228306c1e216635c234faeb .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ued5f76264228306c1e216635c234faeb .ued5f76264228306c1e216635c234faeb-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ued5f76264228306c1e216635c234faeb:after { content: ""; display: block; clear: both; } READ: Anatomy Final ExamScopes (skops), John Thomas 1900-1970American teacher who violated a state law by teaching the theory of evolution in a Tennessee high school. His trial (July 1925) was a highly publicized confrontation between defense attorney Clarence Darrow and the director of the prosecution William Jennings Bryan. Scopes was found guilty and fined a nominal sum, but his conviction was later reversed on technical grounds.