My Super Hero free essay sample

My Superhero September 2, 2013 Introduction I thought Id start out with heroes. We all have leaders. Leaders are those that we respect the most and want to be like. None of these leaders the ones you know or the ones you dont know yet are perfect, and if they were, I doubt if I would want to emulate them. They are Just leaders who followed the facts to where the facts led them, and when they found themselves in some odd place, coming to some even odder conclusions, these leaders didnt back down. Leader I admire Everyone has their own admired leader. And for me, that leader is a very famous aperture Superman. This is simply because he is too much of a hero not to admire. First, his background is really extraordinary. Born into a family that lived on a farm, Superman had to disguise his talents. Ata young age, he took an interest in many things, but could not par take due to his super power strength and so he began controlling it. We will write a custom essay sample on My Super Hero or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page He was also such an intelligent student that there were times were he had to be average so not to give up his identity in anyway. However, he decided to leave after high school and become a reporter to be closer to any crisis that may be accruing. But that is nothing compared with his life saving actions. He is the one who created a turning-point for good versus evil. When there was trouble you can count on him to be there. There was nothing that en would not do tort the people to earth. He was someone that people could look up to. An icon for those that had no hope and needed a saver, he was there. When most of other famous superheroes usually have messy lives, superman did not. His personal life was a happy and peaceful one. Evaluation of my leadership style When doing my evaluation I tend to accept input from one or more group embers when making decisions and solving problems, but I do retain the final say when choices are made. Group members tend to be encouraged and motivated by my style of leadership. My style of leadership often leads to more effective and accurate decisions, since I cannot be an expert in all areas. Input from group members with specialized knowledge and expertise creates a more complete basis for decision-making. My plan to improve To improve I will continue to boost morale and boosts retention. When boosting morale I will continue to recognize their efforts. Of course this is not as effective in titivating people as involving them in important decisions. I will also look for those that can serve my organization at a later date. I enjoy encouraging active involvement on the part of everyone on the team. When boosting retention I will encourage employees to give their opinions on company issues, getting a variety of solutions to choose from. Empowering employees to be creative would develop more productive work and make the company more efficient. By allowing employees to be active in the growth of the company will encourage them to stay with the company. This will improve employee retention and cut down on the costs of turnover.

PHP Hello, World! Basic Print Script

PHP Hello, World! Basic Print Script Every programming language has it- the basic Hello, World! script.  PHP is no exception. It is a simple script that only  displays the words Hello, World!  The phrase has become a  tradition for new programmers who are writing their first program. Its first known usage was in B.W. Kernighans 1972 A Tutorial Introduction to the Language B, and it was popularized in his The C Programming Language.  From this beginning, it grew into a tradition in the programming world. So, how do you write this most basic of computer programs in PHP? The two simplest ways are using  print and  echo, two similar statements  that are more or less the same. Both are used to output data to the screen. Echo is slightly faster than print. Print has a return value of 1, so it can be used in expressions, while echo has no return value. Both statements can contain HTML markup. Echo can take multiple parameters; print takes one argument. For the purposes of this example, they are equal. ?php Print Hello, World!;php Echo Hello, World!;? In each of these two examples, the ?php indicates the start of a PHP tag and the ? indicates an exit from PHP. These entrance and exit tags identify the code as PHP, and they are used on all PHP coding.   PHP is  server-side software that is used to enhance the features of a web page. It works seamlessly with HTML to add features to a website that HTML alone cant deliver, such as surveys, login screens, forums, and shopping carts. However, it leans on HTML for their appearance on the page. PHP is open-source software, free on the web, easy to learn, and powerful. Whether you already have a website and are familiar with HTML or you are just entering web design and development, it is time to learn more about beginning PHP programming.

Are We Feeding the Poor People Essay Example | Topics and Well Written Essays - 2000 words

Are We Feeding the Poor People - Essay Example The underlying reason for this has to do with my understanding that the vast majority of this 47% of individuals that Romney indicated were dependent and â€Å"lazy† would ultimately love to have an opportunity to provide for themselves; however, they simply do not have the ability to do so. In such a way, the following analysis will be concentric upon describing this problem from a more nuanced perspective and analyzing this broad and differentiated group in terms of the responsibilities that citizens have towards their fellow citizens and the overall impact of providing services to those that are incapable of providing for themselves. Further, to understand the problem, it is necessary to know who comprises this 47%. According to Mitt Romney, the 47% represents those individuals within the United States that are not required to pay federal income taxes. The majority of these are the low-income households; most of which earn less than $ 30,000 a year. Of these, many are willing to work hard and earn a living; however, they cannot find full time employment as a result of the abysmal state of the economy. As such, they are trapped in minimum wage jobs; oftentimes working as part time employees. Not considering income taxes, these individuals can barely feed the families and provide for the basic necessities of life. As can be seen, expecting these very individuals to pay income tax would dis-incentivize engaging with the workforce and created a situation in which these very individuals would be worse off working several part-time jobs then they would be drawing unemployment checks and other forms of government welfare assistance. As can immediately be seen, simply categorizing these individuals as â€Å"lazy† is a gross exaggeration and misunderstanding of the labor force and how it works. The fact of the matter is that these individuals are not lazy and have instead chosen to work

Expansion of The Federal Governments Power Essay

Expansion of The Federal Governments Power - Essay Example If the federal government is not powerful enough, then conflicts are expected between the federal and state governments. In order for the country to stay united, it is important for the federal government to be more powerful. These are the cases that occurred in the early 1800 during the expansion of the federal government’s power:In Marbury v. Madison (1803), which is one of the landmark cases, it was decided that if the congress violates a law of the constitution, the Supreme Court could go against it (Lively and Weaver). In the national bank case McCulloch v. Maryland (1819) (Hall and Patrick) the court ordered that the establishment of a national bank would be acceptable by the interstate commerce clause. In Martin v. Hunter's Lessee (1816) and Cohens v. Virginia (1821), it was announced that appeals submitted by state courts can be heard by the Supreme Court (White). The superiority of the federal government over state laws was confirmed in McCulloch and Barron v. Baltimo re in 1833 (Drakeman)The author states that the major issues that occurred in the expansion of the federal government were as briefly discussed above it is proven through these cases that every time there is a significant issue the government has to go an extra mile and it has to use its power in order to resolve it.Establishment of a federal commission under the President Obama to fight against sexual assault is taking the time for the implementation as the number of victims is very high, and most of the schools have failed.

The Legacy Admissions Essay Example | Topics and Well Written Essays - 1000 words

The Legacy Admissions - Essay Example The first argument in favor of legacy admissions raised by Thomas and Shepard (2008) has been that if a student inside a state is given preference in admission to an educational institution inside the state, just because his family pays the taxes that sustain the institution, on the same logic, it can be argued that legacy preferences are permissible (p.221). But is the payment of taxes which is obligatory for all citizens and which cannot be skipped even if your student does not get an admission in a college inside your state, comparable to the payment of a donation for a legacy admission? This is the million dollar question here. It is common sense that the element of choice is present only in the case of a legacy admission and the tax payer has no such choice. And also the payment of taxes makes it obligatory for the state to take care of the tax payers’ welfare. Further, even a student from an affluent family has the same right as his/her family is also paying tax. Hence, though convincing on first encounter, it can be seen that the comparison is flawed. And it is to this aspect that Megalli (2008) is also drawing attention to, when she pointed out, with supportive evidence, this practice will eventually lead to discrimination (p.230). And the evidence has also shown that â€Å"96 percent of all living Ivy League alumni are white† (Megalli, 2008, p.230).     The second major case in the article of Thomas and Shepard (2008) that legacy admissions amount to only a very small percentage of total admissions has also been contested by Megalli (2008) with the support of factual data. But while Thomas and Shepard (2008) have pointed out the comparatively less number of institutions where competition is so high that legacy admissions matter (p.222), Megalli (2008) has made a comparison between the percentage of all applications accepted and the percentage of legacy applications accepted in various ducational institutions and shown a disparity is t here (p.230). But both these sets of figures represent only convenient manipulation and partial presentation of data to support one’s argument.

Features of Advocacy in Court

Features of Advocacy in Court Advocacy What is Advocacy? Advocacy is when a solicitor attends court to represent their client. In simple form, advocacy is the art of communication. A solicitor will attend court and do the very best for their client to ensure they achieve the best possible result. It involves public speaking, which can be quite intimidating when you first attend court. However, with practice and experience the task does become easier. You will find that the more appearances you make at Court, the easier it will become and the more you will improve and become more confident. Your oral communication skills will develop and so will your ability to put forward structured and coherent arguments Advocacy; the Legal Practice Course and Becoming a Trainee The Solicitors Regulation Authority, which regulates solicitors in England and Wales and governs and sets the standard for Legal Practice Course Providers, states that advocacy and litigation is compulsory part of the Legal Practice Course. Advocacy skills are therefore assessed in the context of civil and/or criminal litigation. The Solicitors Regulation Authority lays down the requirements for advocacy in the Legal Practice Course and they expect students to formulate coherent submissions based upon fact, general principles and legal authority in a structured, concise and persuasive manner. Preparation is crucial and the student needs to understand the importance of it. The Solicitors Regulation Authority states that for the purposes of advocacy students need to do the following:- Identify the client’s objectives Bear in mind client care and professional conduct issues in preparing and presenting the case Identify and analyse the factual material Identify the legal context in which the factual issues arise Apply the law to the facts Identify the strengths and weaknesses of the case from each party’s perspective. Present the case effectively. Outline the facts in simply narrative form Prepare the legal framework for the case Prepare the submission as a series of propositions based on the evidence. Identify, analyse and assess the communication skills and techniques used by other advocates. Demonstrate an understanding of the ethics, etiquette and conventions of advocacy. The above 12 points are skills that the student should acquire in order to be a competent and confident advocate. The Legal Practice Course will introduce the student to the general principles of advocacy. Advocacy is taught through role-play and simulation through the subjects of civil litigation and criminal litigation. For example, the student may have to conduct an application for an interim payment or summary judgment in the context of civil litigation and be able to represent either the claimant or defendant. In the context of criminal law, the student may, by way of illustration, have to act for either the defence or prosecution in an application for bail, a sentencing hearing etc. Following the Legal Practice Course and during the training contract the student will attend a Professional Skills Course. On the Professional Skills Course you will further develop your knowledge and skills of advocacy. During your training contract you should gain experience in preparing a case, conducting and presenting a case. Your advocacy skills will undoubtedly improve and develop in time. Solicitors’ Rights of Audience Under section 36 of the Access to Justice Act 2000 solicitors share with barristers a right of audience before every court. However, in relation to solicitors they are not able to appear as an advocate in higher courts unless they have satisfied the requirements of the Law Society’s qualification regime in relation to higher rights of audience. Solicitors can apply for higher courts qualifications and to do this they must pass written and practical examinations. Solicitors have automatic rights of audience in the Magistrates Court and County Court. In other courts such as the Crown Court and The High Court solicitors have limited rights of audience, although their rights of audience can be extended, as indicated above. Effective Advocacy Effective advocacy depends on two things; one is good preparation and the second is having persuasive oral communication skills. 1. Preparation By preparing thoroughly you will gain knowledge of both the facts in the case and also the relevant law. If you have thoroughly prepared then you will have the confidence to make an effective presentation. Be very familiar with the case by reading the file to ensure you are familiar with all of the facts. Ensure you have obtained all the evidence you require and explored all necessary avenues. Research the law to ensure you can back-up what you say and are confident that it is correct. For instance, if you need to make a bail application, you would need to be familiar with the Bail Act 1976 and be able to apply the facts of your case to the law. Preparation is therefore fundamental to successful advocacy. By going through all papers filed in the case and all of the evidence you will need to formulate your argument and decide what evidence to call and what evidence of the other side you need to attack or undermine. Careful planning will also allow you to establish which witnesses you need to call and the order in which they should be called to ensure that the witnesses are presented in an order that presents your theory of the case in the best possible way. Have a Theory You should have a theory of the case which is your version of the disputed facts. This will help you to formulate your argument and will help you decide what evidence you need to call. By having a theory it will help guide you through and will ensure you present your case effectively. Further, it will help you maintain a consistent and logical position throughout the case and will keep you focused. When formulating your theory for the case it is important that you do not do this too early in a case because if you do it too early you may discard alternative and stronger theories and ignore certain leads. Your theory should be close to the client’s account of events. It can also be useful if you consider what your opponent’s theory is likely to be as this will assist you in preparing for cross-examination. 2. What makes an Oral Presentation Persuasive? There are certain qualities a good advocate will possess which will make their oral presentation persuasive. The student will find they will develop these through experience. The student should bear in mind the following factors as they will enhance their oral presentation and ensure it is persuasive:- 1.  Eye contact By maintaining eye contact with your listener it will enhance your oral presentation. It will show you are confident and it will also allow you to assess the reaction your submission is having on your listener. For example, you will be able to see if the listener is becoming bored and, if they are, you will know you have to move on accordingly or change your stance. It will also allow you to see if you are losing their attention. In addition, by maintaining eye contact with the listener it will stop you from getting caught up in your notes and this will avoid your advocacy having a lack of authenticity. 2.  Voice Before talking take a deep breath as this will help you to relax and it will enhance the sound of your voice. Do not talk too loudly or too aggressively, or be too softly spoken. Ensure you talk loud enough to be heard and talk clearly. Your delivery needs to be interesting. It may be useful to record yourself and then replay it in order that you can assess your delivery and this will help you improve. 3.  Pace You will need to pace your submission correctly. It is important that you do not present what you say too slowly or too quickly. Do not read from a prepared script as you are more likely to read too quickly and as a result the listener will not be able to follow your argument. If you present your argument too slowly this can make your listener lose interest in what you are saying. In order to adopt the required pace again it is a useful idea to record yourself and replay it. 4.  Pause This can be a very effective device when you are doing your presentation. You should use it for effect. For instance, if you believe the listener is no longer listening to you, pause and this will regain their attention because they will wonder why you have stopped. In addition, if you have a particularly telling point to advance, make the point and then pause. This will enable the listener to consider the point and will create more of an impact. It will also enhance the impact of your overall presentation. 5.  Posture Stand up straight with your head slightly elevated. Do not slouch. By having the correct posture it will help you look more confident and having a good posture will enhance the quality of your voice and make you appear more relaxed. 6.  Distracting mannerisms You may have distracting mannerisms but be unaware of what they are. It is worth recording yourself making an oral submission in order that you can consider whether your body language detracts from the message you are putting across. Distracting mannerisms could be, for example, fiddling with something in your pocket, clicking your pen, touching your face or hair. You may be doing these things subconsciously. When playing the recording consider whether you do any of these when making a submission and consider do you look relaxed and confident. You need to ensure that you do not have any mannerisms which distract from the message you are trying to put across. 7.  Structure Ensure your presentation is structured and this will make it persuasive. When planning your presentation devise a structure. This will ensure you do not repeat anything. When preparing your submission ensure it has a beginning, middle and end. Keep your submission concise. Avoid reading out sections from statutes and case law. Instead, highlight the relevant part of the statute/case and hand them to the judge/bench to read and simply refer to them and summarise the key points of the case/statute. 8.  Brevity Always try to keep your submission to the point. The court’s time is very precious. Through careful preparation and by having a logical structure in place will assist you in keeping your submission concise. 9.  Persona As mentioned above, it is important that when you are appearing as an advocate that you look confident. Even though you will probably be very nervous, anxious and not very confident when first attending court, you must try to look confident. By dressing appropriately, in a smart suit, you will look the part and this will help with your confidence. Further, by looking the part the client will have confidence with you and you will convey the correct impression to the court. Remember that first impressions count. Be organised and this will help ensure your composure and professionalism come across. 10.  Language Bear in mind that words can be a very powerful tool with which to covey a message. Carefully choose your words and consider whether there is a more powerful adjective which will advance the point you are trying to make. When making your submission try to use language which involves the listener. For example: ‘Sir, if I could refer you to the prepared map of the road. This identifies where the collision occurred’. Professional Ethics Solicitors owe a duty to their clients to do the best for them. In addition, solicitors owe a duty to the court and the administration of justice. A solicitor owes a duty to the court to act with independence and in the interests of justice. A solicitor must never deceive, or knowingly/recklessly, mislead the court. For instance, if a client admitted to having misled the court in any material matter relating to the ongoing proceedings a solicitor must not act further in those proceedings unless the client agrees to disclose the truth to the court. A typical example of this would be where the client has misled the court by pleading not guilty when he admits he has misled the court because he has told you he is guilty. If the client admits his guilt to you, you cannot continue to act on the clients behalf because you would be deceiving/misleading the court. Etiquette You need to be familiar with the etiquette of the court you are appearing before, such as the correct way to address the court, your opponent and witnesses. The following details the ways you should address the bench, the other side and witnesses:- Addressing the Bench You should address members of the bench in the following ways: A Bench of lay magistrates should be addressed as Your worships’ or ’Sir/Madam and your colleagues. A circuit judge/recorder should be referred to as Your Honour A district judge of the High Court and County Court should be addressed as Sir or Madam A master of the Supreme Court or a taxing master should be addressed as Master Addressing the other side If the person representing the other party is a Barrister you should refer to them as my learned friend. If the other party is represented by a solicitor you should refer to them as My friend. If the other party is acting as a litigant in person you should refer to them as the claimant/defendant or Mr/Mrs/Miss .. Addressing witnesses You should address witnesses directly as Mr/Mrs/Miss .. etc. If the witness is a child they should be addressed by their forename. Presenting the Evidence To establish and enhance the credibility of your case, ensure your evidence is consistent with the established facts, common sense and within itself. If one of your witnesses gives inconsistent evidence this will cast doubt on the remainder of their evidence. By way of an example, a witness says that X was wearing an orange t-shirt at the scene. In his evidence X denies he was wearing an orange t-shirt because he does not have one. The prosecution then produce CCTV footage showing X wearing an orange t-shirt. This would cast doubt on X’s statement and it will also undermine the whole of his testimony. You therefore need to ensure that your evidence will be consistent to avoid it being undermined. When planning your submission you need to consider which witnesses to call and the order in which they are called. In doing this, remember that this order needs to develop your narrative as your witnesses are telling your story. When considering the order in which to call your witnesses remember that your story needs to be presented in a logically progressive way. This will make it easier for the listener to follow and understand your case. Do not be too stringent however in deciding the order in case any last minute problems arise. You need to be able to adapt your evidence accordingly. Once you have decided the order in which your witnesses will appear, you need to think about your questions. Examining Witnesses Examination-in-chief This is where you obtain evidence from your own witnesses. You need to ensure that your witnesses give clear evidence and that they do not talk too fast in order that notes can be taken. Ensure the witness faces the Judge when answering questions and is not looking at you. This will enhance the quality of their evidence. When asking your witnesses questions, you need to try to elicit from them only the evidence that is relevant. Always therefore bear in mind why you are asking your witness a particular question and what is you want to hear from them. Leading Questions During examination-in-chief the solicitor advocate is forbidden from asking their witnesses leading questions. A leading question is one which requires a ‘yes’ or ‘no’ response. In its phrasing it suggests its own answer. By way of an example, was the man wearing a red and white jumper? By suggesting the answer to the witness you reduce the witness’ impact. Leading questions are forbidden in examination-in-chief because the solicitor is not allowed to lead their witness and in effect put words into their mouth. When you call your own witness you hope and expect that they will provide evidence that is favourable to your case and will ‘come up to proof’. As a general rule when you ask your witness questions you should phrase your questions using simple words and phrases to ensure the witness fully understands what you are asking them. When questioning your witnesses consider using points of reference to add variety to your questioning and to move the witness along from one episode to the next. For example, ‘can you tell us what happened after you saw the car swerve?’ Unfavourable and Hostile Witnesses You will, at any early stage in the proceedings, take statements from each of your witnesses. When a witness is giving their evidence through examination-in-chief you would expect them to give answers consistent with their previous statement. However, in some situations a witness does not give the answers expected of them. The witness can then be declared either unfavourable or hostile. Unfavourable Witnesses An unfavourable witness is one whose testimony does not advance the case of the party who called him, despite the witnesss best intentions. A witness will be unfavourable if they cannot recall some of the facts about their testimony. If you come across an unfavourable witness you can ask the court for leave for the witness to refresh his memory by reading his previous statement. It is very often the case that cases come to trial many months after the witness has provided a statement. Therefore, it is important that before your witness gives their evidence that they have the opportunity to read their previous statements to refresh their memory so that when they are being asked questions they are familiar with what they said in their original statement. They are then less likely to become an unfavourable witness and will hopefully enhance the strength of your case. If after reading their previous statement the witness still cannot recall the facts then you canno t assist your witness by putting leading questions or prompting them. You should instead try to get the witness out of the witness box as soon as possible. Hostile Witnesses A hostile witness is different from an unfavourable one. Whilst an unfavourable witness can be potentially damaging to your case, a more serious situation is having a hostile witness. A witness will be ‘hostile’ if the evidence they give is harmful to the side calling them and it conflicts with the expectations of that side. A hostile witness will have no desire to tell the truth and support the case of the party calling him. An example of a witness being hostile is a witness who has deliberately changed their evidence since they made their original statement. The party calling this witness can ask the Judge to grant leave to treat them as a hostile witness. Open and Closed Questions You can ask your witnesses a variety of open and closed questions. To obtain the information you require from a witness it will be necessary to use for example closed questions to establish the background and set the scene and to bring out details or emphasise a particular part of the story. Open questions will be necessary to allow the witness to freely tell their part of the story or to turn their attention to a subject and then ask the witness to talk about that subject. If you ask more closed questions, you will have greater control. However, what type of questions you ask will depend on the witness. Cross-Examination This is the process of questioning your opponent’s witnesses. The purpose of cross-examination is firstly to establish and advance you own and case and secondly to attack the other side’s case. Before you cross-examine a witness you need to consider whether the evidence they have provided in chief is harmful to your case. If you establish that their testimony has not been harmful then you need to conduct a constructive cross-examination showing that he/she is to be trusted. There is little point in trying to undermine a witness who has provided favourable testimony. On the other hand, if a witness’ testimony has been harmful to your case then in cross-examining them you will seek to either challenge their evidence as inconsistent, improbable or unrealistic, or you will challenge the witness as mistaken or untruthful. If you decide to undermine a witness you need to elicit from them the favourable evidence they provided first and then continue to discredit them. I t is important that when cross-examining witnesses that the questioning is constructive to obtain support for your story and destructive questioning to challenge a version of the story which is not accepted by you. The cross-examination of witnesses needs to be structured and this can be achieved through appropriate planning. Your cross-examination will be structured if you follow the following steps:- (i) Keep your cross-examination to four points which support your theory of the case. This will strengthen your argument (ii) Make your strongest points at the beginning and end of your cross-examination as these are the points likely to remain in the mind of the listener (iii) Anticipate what the answer will be before you ask the question. The purpose of cross-examination is to obtain favourable facts and minimise the impact of the evidence-in-chief. (iv) Do not write a script which you follow as this will not allow you to respond effectively to the witness and will weaken your argument. (v) If the witness says something you do not agree with do not argue with them as this undermines your own credibility and will ultimately impact upon your case. If you are pleasant and courteous to the witness, the witness should relax and cooperate with you. (vi) Do not ask the witness open questions as this gives them the opportunity to say what they like. You need to ensure that you ask closed questions or leading questions as this can help you keep control of the witness. (vii) If the witness during the examination-in-chief has said something which favours your case, then during the cross-examination you should make the witness repeat it for emphasis. (viii) You should put your version of the case to the witness and give them the chance to accept or deny it. As indicated above, one part of cross-examination is challenging the opponent’s case. This involves either discrediting the evidence or discrediting the witness. When cross-examining a witness you need to bear in mind that most of them are not lying. They are often trying to provide an account of the events as they saw them. You should therefore be careful if you decide to attack them as untruthful. It is best to focus upon the manner in which they saw the event. For example, from a distance, poor weather conditions, only got a quick glimpse of the event etc. You should then ask leading questions which suggest to them that they may have mistaken what they saw. In addition, you should look for any inconsistencies with what a witness has said during the trial and what they have said in a prior statement. If you notice any differences, you should ask the witness to repeat the fact which they gave in evidence-in-chief and the read out the part of the previous statement which is in consistent and ask the witness if they made that statement. This will show that what the witness has said is inconsistent and it is will assist you in challenging the opponent’s case. Differences between examination-in-chief and cross-examination With examination in chief the witness is allowed to tell their side of the story. In cross-examination you do not want the witness to tell the story. You indicate the point you wish to make and put it to the witness. Leading questions therefore are used in cross-examination. Leading questions provide for effective cross-examination because the facts are supplied by the advocate instead of the witness and the advocate has most of the control in order to get to the point they want to make. During cross-examination you do not want a witness to tell their story, you want them to verify the particular matters that you put to them. Examination of Experts One of the first questions to be asked to an expert witness in examination-in-chief will be to establish their credentials as an expert in the particular field. You need to consider what the expert says in his report and put questions to him. An expert’s testimony can sometimes be difficult to attack because an expert’s testimony primarily consists of opinions and conclusions. It does not consist of fact. If you do not agree with the testimony of the expert you will need to challenge it by asking the expert appropriate questions. If the export supports your case, you will need the expert, in his oral testimony, to answer questions which show how the experts support your case to enhance your overall argument. Re-examination Once a witness has given their evidence-in-chief and been cross-examined by the other side the solicitor may re-examine their witness. The purpose of re-examination is to give the witness an opportunity to explain any matters raised during cross-examination and is therefore limited to only those matters that were raised during cross-examination. It is not another opportunity to go through the evidence provided. An example of when re-examination might be necessary would be where the cross-examination has perhaps shown the witness’ testimony to be muddled and confused. Alternatively, you might want to use re-examination if during the cross-examination inconsistencies have appeared between a witness’ testimony and a prior statement. You can use re-examination to highlight flaws and/or inconsistencies in the other side’s case or alternatively to attempt to correct anything during cross-examination which potentially could be damaging to your case. Opening and Closing a Case If opening a case you should always introduce yourself and the other side to the Court. For example: Your Honour/Sir/Madam/Master I appear in this case for the Claimant and my friend Mr/Miss/Mrs.†¦Ã¢â‚¬ ¦ appears for the Defendant. Civil Matter In a civil trial the claimants solicitor will make the opening speech. The opening speech involves taking the judge through the statements of the case and providing an outline and guide to your case. It should provide a summary of the evidence that will be produced and should not go into any details in relation to the content of the testimony. The opening speech will detail the issues to be decided and you should provide a summary of the facts that you seek to establish. However, in the county court the defendants solicitor can make the opening speech and if they do they are not entitled to make a closing speech, without the leave of the court. You should hand the judge a bundle of documents and take him or her through the chronology of the matter to provide the judge with a picture of the events in the case. The opening speech should be lively and interesting to engage the court. You should use plain language and use eye contact to build rapport with the judge. You should refer to y our client by his or her name in order to personalise them, and refer to the other side, for example as the respondent/defendant etc. Following the opening speech the claimant will give their evidence. This is done by oral examination and the sequence of the questioning is examination-in-chief of the claimants side (to include witnesses), cross-examination by the defendants side, re-examination. The defendant will then give their evidence and can make an opening speech. The judge can, however, dispense with this, particularly in fast-track cases. The sequence of questioning for the defendants evidence (to include witnesses) is examination-in-chief by the defendants side, cross-examination by the claimants side and re-examination. The defendant may make a closing speech and the claimant will then make a closing speech. In a civil matter the claimants solicitor will always have the final word. The closing speech is your final attempt to address the court. It should integrate the evidence the court has heard with your theory of the case and present your underpinning argument. In your final speech you should rebut or explain the evidence that weakens your case and explain how the law applies. If in your opening speech you raised questions, then in your final speech you must answer them based upon the evidence that has been heard. The closing speech should be well structured, be easy to follow and sum up the major points. Criminal Matter In criminal matters the prosecution have the right to make an opening speech. If it is a simple case then very often the Prosecution will forgo an opening speech. If the Prosecution do decide to have an opening speech it should be kept brief. It should provide a non-contentious summary of the case. The Prosecution then proceed to present their case. After their evidence has been heard the defence have the opportunity to give an opening speech and the present their evidence. If the defence decide to make an opening speech it should start with a comment on the evidence given so far by the prosecution, then provide an outline of the evidence to come and conclude with a summary of the questions that they think need to be answered. The closing speech is the final attempt to address the court. It needs to integrate the evidence that has been heard with your theory of the case. Both the Prosecution and the Defence have the opportunity to give a final speech. The closing speech should be short, but long enough to cover the ground and make any final impact.

Charles Lindbergh Essay -- essays research papers

The flight of Charles A. Lindbergh was actually three phases. The preflight that was step of obtaining the plane, the arrangements of sponsors, and making a list of land marks. Probably the most important phase out of all was the actual flight from New York to Paris, France. The final phase would consist of a man turning into a hero when he finally reaches Paris. The preflight arrangements for Charles A. Lindbergh’s flight began in early 1927. Charles A. Lindbergh presented his proposal to Knight, Bixby, and other St. Louis businesspersons whom were impressed with Lindbergh’s confidence and agreed to sponsor his flight. Lindbergh had setup a $15,000 budget and $2,000 of which was Lindberghs. A name, the Spirit of St. Louis, was established. Lindbergh was to choose the plane and decide on all other aspects of the proposed flight. According to Lindbergh, a single-engine plane, rather than a multiengine plane increased the chance of success. His theory was the less weight, the more fuel, the greater range. The experts would say that a solo flight across the Atlantic was simply suicide. The burden on the pilot was considered too great—he would have to stay awake for over thirty hours, enduring constant stresses. Immediately, Lindbergh began searching for the right plane at the right price. He contacted a number of aircraft compa nies. Some did not respond and some turned him down. Things were not looking good for Lindbergh. In early February 1927, the Ryan Airlines Corporation of San Diego, California, had responded within twenty-four hours of receiving Lindbergh’s telegram regarding a plane for his proposed transatlantic flight. Yes, they could produce a plane that could fly nonstop from New York to Paris. It would cost $6,000 not including the engine, and would take three months to build. The Ryan workers worked on the Spirit of St. Louis morning, noon, and night, seven days a week. Voluntary overtime became a normal operating procedure, and work on most other planes had nearly stopped. After meeting with the company’s president, they decided to modify an existing Ryan model by outfitting the plane with extra fuel tanks and increasing the wing area, thus would give the plane a maximum range of 4,000 miles, more than enough to reach Paris. In the picture to the right, it shows how the main fuel tank in the fro... ...nch flyers were able to get him released, but only after another American had been mistaken for him. Lindbergh’s helmet had somehow gotten on the other man’s head, and he was being dragged away by the crowd. Charles Lindbergh was insisting that something be done about his plane before he agreed to leave the field. He was shocked when he saw the Spirit of St. Louis. The crowds had ripped holes in the fuselage in order to take home souvenirs. What angered him even more was that the navigation log he had kept during his flight had been stolen. Lindbergh slept for the next ten hours. In the morning, Lindbergh and the ambassador stood on the balcony and greeted the jubilant crowd that had gathered in front of the embassy. Lindbergh had planned to fly back to the U.S. via Europe, Siberia, Alaska, and Canada, thus completing a trip around the world. However, he reluctantly gave in to pressure from the ambassador to accept President Calvin Coolidge’s invitation to retur n aboard the cruiser USS Memphis. The president presented him with the Distinguished Flying Cross and the Congressional Medal of Honor, and the post office issued an airmail stamp in his honor.