Tuesday, May 26, 2020

Chief Joseph Biography

Chief Joseph, known to his people as Young Joseph or simply Joseph, was the leader of the Wallowa band of Nez Perce people, a Native American tribe that lived on the Columbia River Plateau in the Pacific Northwest region of the United States from the early 18th century to the late 19th century. He succeeded his father Chief Joseph the Elder as chief in 1871 and continued to lead the Nez Perce until his death in 1904. Primarily due to his passionate leadership during the forced removal of his people from their ancestral lands by the United States government, Chief Joseph remains an iconic figure of American and Native American history. Fast Facts: Chief Joseph Full Native Name: Hinmatà ³owyalahtqÌ“it (â€Å"Hin-mah-too-yah-lat-kekt†)Known As: Chief Joseph, Young Joseph, The Red NapoleonKnown For: Leader of the Wallowa Valley (Oregon) band of the Nez Perce native peoples (1871 to 1904). Led his people during the Nez Perce War of 1877.Born:  March 3, 1840, in Wallowa Valley, OregonDied: September 21, 1904 (aged 64), in Colville Indian Reservation, Washington StateParents: Tuekakas (Old Joseph, Joseph the Elder) and KhapkhaponimiWife: Heyoon Yoyikt SpringChildren: Jean-Louise (daughter)Notable Quotation: â€Å"I will fight no more forever.† Early Life and Background Chief Joseph was born Hinmatà ³owyalahtqÌ“it (â€Å"Hin-mah-too-yah-lat-kekt†), meaning â€Å"Thunder Rolling Down the Mountain† in the Nez Perce language, in the Wallowa Valley of what is now northeastern Oregon on March 3, 1840. Known as Young Joseph during his youth and later as Joseph, he was named after his Christian father Tuekakas, baptized â€Å"Joseph the Elder.† As one of the first Nez Perce chiefs to convert to Christianity, Joseph the Elder initially worked to maintain peace with early white settlers. In 1855, he peacefully negotiated a treaty with the United States establishing a Nez Perce reservation on their traditional lands in the Wallowa Valley. However, when the gold rushes of the 1860s attracted a new influx of settlers, the U.S. government asked the Nez Perce to move to a far smaller reservation in Idaho in return for financial incentives and a reservation hospital. When Joseph the Elder, along with his fellow Nez Perce leaders, chiefs Looking Glass and White Bird, refused to agree, conflict seemed inevitable. Joseph the Elder erected signs around the tribe’s lands proclaiming, â€Å"Inside this boundary, all our people were born. It circles the graves of our fathers, and we will never give up these graves to any man.† Nez Perce group known as Chief Josephs Band, Lapwai, Idaho, spring, 1877. Public Domain Chief Joseph and the Nez Perce War Chief Joseph assumed leadership of the Wallowa band of the Nez Perce when Joseph the Elder died in 1871. Before he passed away, his father had asked Young Joseph to protect the Nez Perce lands and guard his grave. To the request, Young Joseph replied, â€Å"I clasped my fathers hand and promised to do as he asked. A man who would not defend his fathers grave is worse than a wild beast.† In 1873, Joseph convinced the U.S. government to allow the Nez Perce to remain on their land in the Wallowa Valley. But in the spring of 1877, as violence between the Nez Perce and settlers grew more commonplace, the government sent the Army to force the Nez Perce to move to the smaller reservation in Idaho. Rather than being relocated to Idaho, Joseph’s band of the Nez Perce decided to flee the U.S. seeking asylum in Canada. Over the next four months, Chief Joseph led his band of 700 Nez Perce—including only about 200 warriors—on a 1,400-mile trek towards Canada. Fending off repeated attacks by U.S. troops, the march of Joseph and his people became known as the Nez Perce War. Along the way, the greatly outnumbered Nez Perce warriors actually won several major battles, leading the U.S. press to declare Chief Joseph â€Å"The Red Napoleon.† However, by the time they neared the Canadian border in the fall of 1877, Chief Joseph’s beaten and starving people were no longer able to fight or travel. On October 5, 1877, Chief Joseph surrendered to the U.S. Cavalry General Oliver O. Howard, delivering one of the most famous speeches in American history. After recounting the suffering, starvation, and death his people had endured, he memorably concluded, â€Å"Hear me, my chiefs! I am tired; my heart is sick and sad. From where the sun now stands, I will fight no more forever.† Three men in full ceremonial dress and a man in military uniform stand before the new tombstone of Chief Joseph, of the Nez Perce people. Tombstone inscription facing the camera reads: He led his people in the Nez Perce War of 1877. Died Sept. 21, 1904. Aged about 60 years. Public Domain Later Life and Death Rather than being returned to their Wallowa Valley home in Oregon, Chief Joseph and his 400 surviving people were loaded on unheated railcars and shipped first to Fort Leavenworth, Kansas, then to a reservation in the Indian Territory of Oklahoma. In 1879, Joseph met with President Rutherford B. Hayes in Washington, D.C., to request that his people be returned to Idaho. While Hayes respected Joseph and personally favored the move, opposition from Idaho prevented him from acting. At last, in 1885, Chief Joseph and his people were taken to the Colville Indian Reservation in the state of Washington, far from their ancestral Wallowa Valley home. Sadly, Chief Joseph never again saw Wallowa Valley, dying at age 64 of what his doctors called â€Å"a broken heart,† on the Colville Reservation on September 21, 1904. Legacy Bearing his name as a tribute to his leadership, the Chief Joseph band of Nez Perce still live on the Colville Indian Reservation. While he is buried on the reservation, he is also honored in the Pacific Northwest at the Chief Joseph Dam on the Columbia River; at Chief Joseph Pass on the Idaho-Montana border; and perhaps most fittingly, at Chief Joseph Mountain, which overlooks the town of Joseph in the Wallowa Valley. Sources and Further Reference â€Å"Chief Joseph: Hin-mah-too-yah-lat-kekt (1840-1904).† The West. PBSBuerge, David M. â€Å"Chief Seattle and Chief Joseph: From Indians to Icons.† University of Washingtonâ€Å"Old Chief Joseph Gravesite History.† U.S. National Park Service.The Treaty Period.† Nez Perce National Historical Parkâ€Å"The Flight of 1877.† Nez Perce National Historical Park.Leckie, Robert (1998). â€Å"The Wars of America.† Castle Books. ISBN 0-7858-0914-7.

Friday, May 15, 2020

Analysis Of Fences By August Wilson - 1179 Words

Fences, August Wilson The close reading process for this play occurs in three stages: 1. First Read (Days 2 and Day 3): Students are not to cold read the play during this period. It is essential for their understanding that this first read comes from a fluent adult reader or (less ideally) from a recording of the play. Teachers should pre-select moments of tension or surprise when students should stop and jot their thoughts, ideas and questions about the text. The suggested cues for the open jots is at the end of every scene are: a. I know_____________________ b. I think______________________ c. I wonder____________________ 2. Second Read (Day 5, Day 6, Day 8 and Day 9): Student re-read scenes individually, with partners, or in†¦show more content†¦RL.9-10.5 Analyze how an author’s choices concerning how to structure a text, order events within it (e.g., parallel plots), and manipulate time (e.g., pacing, flashbacks) create such effects as mystery, tension, or surprise. Tension in Society: Grade 9, Unit 1 District of Columbia Public Schools | 2016 Page 28 of 3 Close Reading Texts Teaching Guidance Alignment to the Essential Question and Unit Theme This disturbing fiction provides compelling access to ways authors build tension using facts, character interactions, and dialogue. Standards associated with text and tasks Where Are You Going, Where Have You Been? It#39;s summer, and 15-year- old Connie spends much of her time lounging around the house, going out with friends, and meeting boys. One night a strange guy makes a gesture to her in the parking lot of a local drive- in restaurant. Later in the summer, while her family is at a barbeque, he pulls up in her driveway, accompanied by a friend. The driver introduces himself as Arnold Friend and asks Connie to joinShow MoreRelatedFences Analysis On Fences By August Wilson1283 Words   |  6 Pages Fences Analysis In the play â€Å"Fences† by August Wilson the play’s attitude toward women is biased, and if the play was written by a female I think it would have a stronger feminine influence. Issues such as racism and discrimination against blacks may be raised in the play that the author did not bring up, and the women in the story somewhat do generally typify women in the 1950s. To support my interpretation, the women in the play were homebodies, just worrying about the household because theyRead MoreAnalysis Of Fences By August Wilson1340 Words   |  6 Pagescharacter who, for the most part, is a benevolent person, but suffers from his or her hamartia and hubris, which ultimately leads to their downfall and recognition of their poor choices, as well as the reversal of their situation. 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His battle with identity streamsRead MoreAnalysis Of Fences By August Wilson1612 Words   |  7 Pages In August Wilson s play Fences, he uses his piece to explain that someone unable to control their actions caused by selfish, hatred, or angry emotions will cause issues in one s personal life, general decisions, and in family life. Wilson hopes to target people who can t control their emotions and wishes to prevent the negative effects of uncontrolled actions caused by negative emotion. The inability to control one s emotions can harm their friends, decision making, and family. Wilson mainRead MoreAnalysis Of Fences By August Wilson Essay1837 Words   |  8 PagesFences written by August Wilson, the setting reveals the man that Troy Maxson really is. The set of the play represents Troy Maxson’s character within the play where him and his family reside in a fenced in yard of Troy’s front porch, brick house. He is proud to provide a home for his family. 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The plot in Fences by August Wilson is centered around an African American family that looks at the world a little differently by that I mean when Troy was young people believed blacks shouldn’tRead MoreAnalysis Of Fences By August Wilson1240 Words   |  5 Pagescontinued to pursue this goal despite the likeliness of failure? Would it still be worth it? Fences by August Wilson tells the story of an i mpoverished African-American family in the 1950s and the father Troy’s failed American Dream. The Great Gatsby by F. Scott Fitzgerald illustrates the upper class in the Roaring Twenties and a man named Gatsby who also fails to attain his long-awaited dream. Both Wilson, in Fences, and Fitzgerald, in The Great Gatsby don’t believe solely in the dreamer or solely in theRead MoreAnalysis Of Fences By August Wilson1307 Words   |  6 PagesIn 1990, after Paramount Pictures and playwright August Wilson came to a disagreement about the adaptation of his play Fences, Wilson published an Op-Ed in Spin magazine titled â€Å"I Want a Black Director.† The Spike Lee edited piece discussed what Wilson saw as the penultimate disagreement between himself and the studio, stating specifically: â€Å"At the time of my last meeting with Paramount Pictures in January 1990, a well-known, highly respected white director wanted very much to direct the film

Wednesday, May 6, 2020

Legal Assistance For Legal Aid - 1605 Words

Legal aid is a government funded service for legal help for every New Zealander, particularly for people with low income, and cannot afford a lawyer. The service may help people to resolve their legal problem that may go to court, and make sure they are not denied justice because they cannot afford a lawyer. Despite these measures, concerns about the affordability of the legal aid system has arisen. Legal aid cost continued to grow, where Ministry of Justice encouraged clients to set up a repayment plan. This matter was considered, because legal aid expenditure was more than $100 million in debts. According to New Zealand Herald (2015), â€Å"approximately $10 million of legal aid debts were written off by Justice Ministry officials in 2014.† Why has the Ministry of Justice concurred to write off millions of dollars from legal aid debtors? How will the taxpayers react? Was legal aid provided only to people who really needs it? This paper introduces the system of legal aid and also focussed on the ethical dilemma between legal aid and the society. It is based on the most valuable material on the theme of literacy. Life can be hard to go through when a difficult problem and struggles can arise at any given moment. Legal aid introduced in the 19th century, to give legal assistance for New Zealander with low income and are unable to afford a lawyer. It has been available almost all court actions across all levels of the court system. Legal aid provides legal assistance to peopleShow MoreRelatedThe Legal Aid And Sentencing And Punishment Of Offenders Act 2012843 Words   |  4 Pagesremedy or enforce their legal rights in court. Such citizens require financial assistance to be able to afford the necessary legal assistance required to ensure that a fair trial takes place. In this essay, firstly there will be a discussion on the importance of access to legal aid to assist citizens who are not on state benefits, but lack the financial means (hereafter, vulnerable citizens) to obtain the necessary legal advice, support and representation (hereafter, legal assistance) in order to effectivelyRead More The Funding Of Legal Aid1037 Words   |  5 PagesFunding Almost all the funding to legal aid comes from public expenditure funds allocated by the Ministry of Finance in the United Kingdom, in view of the fact that the UK government keep the faith of that it is the government’s responsibility to supply legal assistance to the financially difficult citizens. Besides, donation from the society is also an essential way of collecting funds. 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The University of Oregon School of Law will broaden my vantage point to encompass other legal realities of migration and human rights. The academics, programs, and faculty in the University of Oregon School o f Law will facilitateRead MoreThe Right To Legal Counsel759 Words   |  4 PagesThe growth in the right to legal counsel has primarily taken place on the state and local level, with bar association, advocacy groups and organizations working to improve the access to justice in their area. Different states have adopted varies strategies for tackling the civil justice gap within their communities. A. California In April 2012, San Francisco announced that it was going to become the first in the nation â€Å"Right to Civil Counsel City.† To receive free representation under the newRead MoreLegal Issues Surrounding First Aid1684 Words   |  7 PagesFirst aid is the initial care given to a sick or injured person before more formal medical assistance is applied. The goal of first aid is to intervene actively to prevent further damage, to provide life support, and to begin effective treatment of the victims condition, to minimize injury and prevent death. Although first aid is not a substitute for medical care, those trained in first aid are able to assess the nature and the extent of an emergency and determine the best course ofRead MoreShould Physician Assisted Suicide Be Legal?847 Words   |  4 PagesShould-Physician Assisted Suicide Be Legal In Every State When it comes to the topic of, should physician-assisted suicide be legal in every state, most of us will readily agree that it should be up to a terminally ill person to make that decision. Whereas some are convinced that it is inhumane, others maintain that it is a person’s decision to end their own life. I agree that physician-assisted suicide should be legal in every state because in most cases, people that are terminally ill should have

Tuesday, May 5, 2020

Business and Corporations Law Legal Acceptance - Capacity

Question: Discuss about the Business and Corporations Law for Legal Acceptance, Capacity. Answer: Introduction: The critical issue that arises in this case is associated with the presence of the consideration. There are certain essential pre-requisites in the contract law, which are needed to satisfy in order to enact a valid agreement. These components are legal offer, valid consideration, legal acceptance, capacity of the parties, and intention of the parties to enact the agreement (Andrews, 2011). Jane was having a car with the market price of $ 25,000. Since, she was going to some other foreign territory, hence, she offered her car to Jack. The issue arises here, as she had not mentioned any consideration amount in the exchange of the car. According to the common law, any agreement between the parties can be liable for legally enforceable agreement, only, in the presence of the lawful consideration. If any promise is made without consideration, then such promise are termed as gratuitous promise (Edlin, 2007). Under contract law, no enforceable agreement can enact, if it is based on the gra tuitous promise (Latimer, 2005). In this case, Jane promised to give her car to Jack with no consideration. Jack agreed to take the car and accepted the offer. Here, no consideration is present between the parties and both the parties were knowingly made the agreement with the willingness and sound mind, irrespective of the actual market value of the car which was $ 25,000. Therefore, the nature of the promise by Jane becomes gratuitous promise and no valid agreement is formed. Hence, the offer made by Jane cannot be legally enforceable by Jack and no legal action can be taken against Jane in case she decides to not give the car to Jack. As described earlier, a legal valid agreement needs a set of elements i.e. lawful offer, lawful acceptance, valid consideration and legal intention of the offeror and offeree to enter into agreement. An agreement can be made on the basis of the legal offer and acceptance but an agreement would be termed as legal enforceable agreement only if the valid consideration is present. In this regards, consideration works as a benefit between the parties, also any past consideration cannot be considered a reliable consideration (Re McArdle, 1951). It can be expressed in terms of a numeric value (McKendrick, 2003). Here, Jane had promised to sell her car to Jack in $25,000. This specified value of the car indicates the presence of the consideration. This value of the consideration is equal to the real cost of the car. However, Jack accepted the offer and hence, confirmed the consideration value of $ 25,000 by accepting the offer to buy the car from Jane. Hence, it can be obtained from the above factors that a valid consideration is made between Jane and Jack. Valid offer and acceptance both are present in this case and also the valid consideration value of $ 25,000 clearly specified by Jane. Moreover, Jack agreed to pay this consideration amount to Jane. As per the contract law, the concept of the consideration is linked with the negotiation of the agreement. It is believed that in case of the formation of an agreement, there is a swap of promises (White v Bluett (1853)) between parties. It can be said that each party should be termed as a promisor as well as promisee and also receives some value under the agreement at certain point of time (Lindgren, 2011). Therefore, in this specific case, all the necessary conditions are satisfied and also the presence of the valid consideration value supports the enactment of the enforceable agreement between the promisor Jane and promisee Jack. Adequacy of the consideration is not the imperative requisite for the formation of a valid agreement. Under common law, court has clearly stated that adequacy is not required in the agreement. It is instead based on the willingness of the parties to decide the consideration value for the promise (Paterson, Robertson Duke, 2015). Therefore, the only essential factor is the presence of the valid consideration as per the law. Adequate value of the consideration is not compulsory. The consideration can be anything starting from a more or less price to any object, but it must be a legal value or object. This norm can be described with the help of a leading case in this regard i.e. Chappell v Nestle (1960) case, in which the consideration value was the chocolate wrapper to enact an enforceable agreement (Taylor Taylor, 2015). The only key parameter in this regards is if both the parties give voluntary consent to enter into the contractual phase with some different value of the consideration, irrespective of the real worth then also there will not be any question regarding the satisfaction of parties in the court, unless any unconscionable activity is suspected (Latimer, 2005). In this case also, Jane wanted to sell her car to Jack with a price of $ 2,500, with the sound mind and willingness, while she knew that the cost of the car in the market is around $ 25,000. Jane was clearly offered a valid consideration amount of $ 2,500 which is not adequate when compared to the real value of the car. However, Jack had unconditionally accepted the offer and ready to purchase the car in $ 2,500. Hence, according to the adequacy of the consideration factor of the contract law, both Jane and Jack are entering into the enforceable agreement with the consideration amount of $ 2,500. In this case, the contract is formed on the basis of the adequacy of the consideration. This is because the amount made for the car by Jane shows the presence of some consideration which is sufficient for Jane as she only made the offer with the amount. Hence, in this case also a lawful valid agreement is enforceable for Jack. Issue The situation here needs advice with regards to the possibility of success is a buyer claiming the extra payment ($ 3 million) that the seller had obtained through threat. There are a host of factors that are required for the enactment of an enforceable legal contract. At the core of any contract, lies a voluntary acceptance which arises due to mutual consent from both the sides entering the contractual relation. The importance of consent as a key factor is not limited before the contract execution but continues to be of significance even after contract since many times, circumstances demand that some amendments be made (Harvey, 2009). Typically in this process, both parties should have enough consideration so as to enact the change. However, in absence of consideration for a given party, alteration may become difficult and cumbersome as the other party may not agree to the change. It is noteworthy that any alterations which are enacted unilaterally does not hold the test of legal principles and fails to be enforceable in nature (Gibson Fraser, 2014). At times, one of the parties may make an unreasonable demand which lies outside the contract terms and use threat to obtain forced consent from the other party. This situation in legal parlance is known as duress and may arise due to either economic power or physical power. Such contracts are devoid of voluntary agreement and thus can be made void if the party that is forced demands so at a later date (Taylor Taylor, 2015). It is a common sight that the threatened party cites duress as a defence so as to recover the losses or value equivalent of the illegal favour that may be extended to the other party. However, one significant aspect to prove in this case is the fact that the threatened party complied with the unreasonable demand only under the influence of threat or else the same would not have been obeyed (Latimer, 2005). In cases where incidence of duress is established, the contracts are not legally enforceable provided the party subject to threat wants so. It is noteworthy that the threat which is covered within duress may be of physical or economic nature. The concept of economic duress has been a late entrant with the pioneer case in this regard being Occidental Worldwide Investment Corporation v Skibs (The Sibeon The Sibotre)[1976] 1 Lloyds Rep 293 case. For establishing a case for economic duress, a plaintiff needs to establish certain aspects mentioned below (Lindgren, 2011). The defendant acts in bad faith and uses superior economic position for threatening the plaintiff. As the plaintiff is subject to economic force, it is left with no choice but to give in and concur with the demands made. As a result of forced concurrence with the demands, there is a legally binding relation between parties whereby the plaintiff cannot back out at a later stage. The use of economic duress brings about financial distress for the plaintiff. While assuring that the above aspects of duress are present is significant, but it is noteworthy that even in cases where economic duress is evident, the plaintiff must apply for relief ina timely manner. In this matter, the court has opined that if the plaintiff does not take legal recourse before the passage of reasonable time, then it indicates that the plaintiff has accepted the demand and hence the contract stands discharged. This is evident from the verdict of the court in the North Ocean Shipping v Hyundai Construction (The Atlantic Baron)[1979] QB 705 case (Gibson Fraser, 2014). The reasoning extended for the decision was that the party subject to economic duress has been given the right for redemption of damages or losses but the same does not extend till indefinite time and must be exhibited in a prompt manner. The excess payment made in the given case could not be claimed by the buyer as the court ruled that eight months was more than reasonable time and the claimant is a ssumed to have given voluntary acceptance to the unreasonable demand (Andrews, 2011). Application The facts highlighted in the case describe a situation where a contract has been enacted for building of a tanker. While the building work is going on, there is devaluation in the currency of USA and the contract executed had no mechanism to deal with it. Since the shipbuilder or seller is adversely impacted by this change, hence it demands an extra payment of $ 3 million which the buyer does not want to make as there is no obligation on the basis of contract, However, due to threats from seller, the buyer agreed to make the payment as it did not want any delays in delivery. Nine months have elapsed since the tanker delivery and now the buyer wants to claim the payment of $ 3 million made earlier. There is no denying the presence of duress of economic nature. It is evident that initially the buyer was reluctant about the $ 3 million payment. When the seller threatened to leave the contract unfinished, then only did the buyer make the payment as apparently it was cornered and had no real options as timely delivery was paramount. Hence, in reference to the above legal principles, the buyer did have the right to claim the payment of $ 3 million but the right was available only for a reasonable time. Keeping in mind the judgement given in a similar case i.e. North Ocean Shipping v Hyundai Construction (The Atlantic Baron)[1979], it may be inferred that in this case also the judgement would go against the claimant as the silence of the claimant for nine months amounted to approval of the contract and the excess payment. Conclusion Hence, the excess payment of $ 3million is not recoverable by the buyer as a result of delay beyond reasonable time. References Andrews, N 2011, Contract Law, 3rd eds., Cambridge University Press, Cambridge Edlin, D 2007, Common law theory, 4th eds., Cambridge University Press,Cambridge Gibson, A Fraser, D 2014, Business Law, 8th eds., Pearson Publications, Sydney Harvey, C. 2009, Foundations of Australian law. 3rd eds., Tilde University Press, Prahran, Victoria Latimer, P 2005. Australian business law, 24th eds., CCH Australia Ltd. Sydney Lindgren, KE 2011, Vermeesch and Lindgren's Business Law of Australia, 12th eds., LexisNexis Publications, Sydney McKendrick, E 2003, Contract Law, 5th eds., Palgrave, Basingstoke Paterson, J, Robertson, A Duke, A 2015, Principles of Contract Law, 5th eds., Thomson Reuters, Sydney Taylor, R Taylor, D 2015, Contract Law, 5th eds., Oxford University Press, London