Proving Declaration of Trust and Effecting Disposition of Beneficiary’s Interest Essay Example for Free

Proving Declaration of Trust and Effecting Disposition of Beneficiary’s Interest Essay Proving declaration of trust and effecting disposition of beneficiary’s interest Proving declaration of trust: In order to prove declaration of trust all types of evidence are admissible. Exceptions: a) Trust of land where the declaration has to be manifested and proved by some writing (Section 7 of Statute of Fraud Act 1677; Section 53(1)(b) of Law of Property Act 1925). The reason for this rule is to prevent fraud (Youdan). The written evidence can antedates or postdate the declaration of trust. ) Testamentary trust/trust executed after death by will (will be discussed in the chapter of secret trust). Consequence of oral declaration in case of trust of land: a) An oral declaration is perfectly valid because the section 53(1)(b) is an evidential section. b) But problem arises during litigation when the declaration is challenged. c) It is often said that, though mistakenly, without written evidence a declaration of trust is valid but unenforceable. d) This is based on an analogy with the section 40(1) of LPA 1925 but this section was repealed in 1989. ) There are two reasons for this analogy to be false: i) Section 53(1)(b) is concerned about proof and section 40(1) was concerned about enforceability as apparent from the wordings of the sections. ii) Section 40(1) had been overruled back in 1989. f) Subject guide is of the view that if a declaration of trust cannot be proved by evidence then there is no trust at all, not a valid but unenforceable one. Exceptions to section 53(1)(b): a) Common Law exception: Oral evidence can be admissible in order to prevent a fraud. For example, a trustee himself would commit a fraud if he were allowed to shelter behind the statutory provision and deny the declaration of trust (Rochefoucauld). b) This exception is only applicable in case of express trust. c) Statutory exception: The section 53(1)(b) is not applicable in case of resulting, implied or constructive trust (section 8 of Statute of Fraud Act; section 53(2) of LPA 1925). d) It is because, in case of constructive, resulting or implied trust no allegation is made as to the fact that a declaration of trust has been made and thus we need to prove it. So, when there is no declaration of trust, the need to prove it cannot exist. e) Matrimonial homes cases such as Pettitt, Gissing, Rossett, Stack are express trusts of land (Rochefoucauld) even though it is been mentioned in these cases that they are ‘Common Intention Constructive Trust’. This is a misnomer to say them CICT because a CT arises for any reason other than intention to create a trust so there cannot be ‘common intention constructive trust’. Effecting Disposition of Beneficiary’s Interest: ) Disposition of an equitable interest or trust subsisting at the time of disposition must be in writing signed by the person disposing the same or by his agent (Section 53(1)(c) LPA 1925). b) So there is no disposition until it is written and signed, the reason is section 53(1)(c) is a substantive section as apparent from the wording of the section. c) One can argue that as the wording of the predecessors of section 53(1)(b) and 53(1)(c) are similar (i. e. section 7 and 9 of Statute of Fraud Act), therefore, there should not be this difference between these two sections. ) However, the courts have taken this approach and we need to follow it. e) There is a question that whether section 53(1)(c) is only applicable in relation to trust of land. As per section 205(x) of LPA 1925 equitable interest means interest in or over land or in the proceeds of sale thereof. As such 53(1)(C) is only confined to trust of land. f) However, as significant cases like Grey, Oughtred and Vandervell were n ot cases of land but section 53(1)(c) was applied there, therefore, the best way to solve this dilemma is to say that those cases were decided per incuriam of section 205(x). What transactions are dispositions or assignments and caught by section 53(1)(c)? a) Disposition has wider meaning than assignment though disposition included assignment. b) The key to understand disposition is to understand that it only covers disposition of equitable interest. If somehow, there is no equitable interest to dispose of or if both the legal and equitable interests are disposed of then there cannot be a disposition under section 53(1)(c). ) A direction of a beneficiary to his trustee to hold the rights on trust for a third party is disposition can caught by section 53(1)(c) (Grey v IRC). d) A direction by the beneficiary to the trustee to transfer the right to a third party then there is no need to comply with section 53(1)(c) as the direction is to transfer both the legal and equitable interest rather than equitable interest only (Vandervell v IRC) e) A self declaration of trust by the beneficiary for the whole or part is disposition and caught by section 53(1)(c) (Gra inge v Wilberforce). ) A declaration of trust by the trustee for a third party with the consent of the existing beneficiary is a disposition and should be caught by section 53(1)(c) provided estoppel does not operate. If estoppel occurs as occurred in re Vandervell (No 2) and thus prevents the trustee to dispose of the equitable interest in favour of someone, then section 53(1)(c) cannot operate (re Vandervell (No 2). g) A contract by the beneficiary to assign their rights does not fall into section 53(1)(c) (Oughtred v IRC; Neville v Wilson). ) A surrender of a beneficial interest is caught by section 53(1)(c) (IRC v Buchanan). i) Disclaimer of beneficial interest is not covered by section 53(1)(c) (re Paradise Motor Ltd). The rationale of 53(1)(c): a) The purpose of this section is to prevent fraud by way of protecting the trustee from false allegation by someone to be an assignee of the beneficiary’s interest. If the trustee disposes the interest to that false assignee then he will be vulnerable to a claim of breach of trust. ) Therefore, in Vandervell v IRC, as the rights were no longer held in trust, therefore, there was no trustee to protect and as such the section had no work to do and inapplicable. c) Now, as in Grey, the trustee received the direction from the beneficiary himself and knew that it was genuine and no allegation by false assignee can deceive him, therefore, the section 53(1)(c) cannot apply there. It is because the trustee need not be protected against any false allegation here. In the light of this, Grey can be revisited.

Biogeochemical Cycles Essay Example for Free

Biogeochemical Cycles Essay With environmental rhetoric gaining increasing currency in the contemporary zeitgeist, it is commonly supposed that we have a moral responsibility to protect ecosystems and conserve biodiversity, particularly from the ecologically devastating impacts of a human civilization that depends on industrial systems and the capitalization of natural resources. Simply put, conventional thinking suggests that man must protect the environment from his own destructive tendencies, and that this moral responsibility is maintained as the sole reason why governments should implement protective measures on behalf of ecosystems. However, by maintaining that moral and ethical responsibility as the reason behind conservation and biodiversity protection, we also risk overlooking the pragmatic and intelligent justification that provide strong reasons that can harness substantial political will and societal momentum to the environmental movement: That ecosystems provide a variety of services and resources ranging from pollination to water treatment, beneficial to human and non-human life, at little to no expense. (Schroeder, 2007) As Emily Goodwin maintains in a discussion of the importance of natural capital, â€Å"we need to include a very frank discussion of what we get from the Earth,† with a goal of â€Å"[maintaining] the functions and services they provide, such as flood protection, clean water, and clean air.† (Steffen, Levitt Kuck, 2008) Governments should therefore take the initiative to protect ecosystems, simply because it makes good sense to do so, regardless of whether one feels a moral obligation to the planet or one is committed a sublime ethicality in personal impacts. As Tobis (2007) observes, the drive to live sustainably, to protect natural assets and the compulsion to limit consumption, while viewed by some as a negative responsibility and one that has effectively hindered the momentum of the environmental movement, is also a set of principles that makes economic sense. Measures to protect ecosystems means that governments recognize the economic finitude of natural capital, as well as the economic boons that ecosystems naturally provide. REFERENCES Schroeder, K. (2007, August 12) â€Å"Colonizing Planet Earth.† Worldchanging. Retrieved on December 22, 2008 from: http://www.worldchanging.com/archives/007092.html Steffen, A; Levitt, J; Kuck, S. (2008, November 28) â€Å"The Future of Public Lands in the United States.† Worldchanging. Retrieved on December 22, 2008 from: http://www.worldchanging.com/archives//009077.html Tobis, M. (2007, April 30) â€Å"My little world (and yours, too).† Grist. Retrieved on December 22, 2008 from: http://gristmill.grist.org/story/2007/4/29/195245/792

Project Management and Operations Management in Construction

Project Management and Operations Management in Construction 1. Abstract This report aims to understand two very important disciplines namely, project management and operations management. Both disciplines are fundamental to achieving long term business success and growth in this highly dynamic business environment. These two areas of management are discussed particularly with respect to the construction industry. It is important to note that project management has its origins in the construction industry and has since then been an integral part of the construction as well as several other industries. Operations management, on the other hand, has largely been neglected for many years. However, over the past few years, management across various firms has realised the importance of effectively managing the operations to achieve business profits and growth. The main objective of this report is to present a discussion on the differences between project management and operations management in construction companies. To present these differences, it is important to clearly understand the basic definition and function of these two disciplines. As a result, this report is structured as follows: It begins by providing an overview of the construction industry moving towards providing a clear understanding of the concepts of project management and operations management. Later, the discussion shifts towards presenting an insight into the importance of these two areas of management particularly with reference to the construction industry. The next section provides a discussion on the differences between project and operations management. This report concludes by presenting a discussion on the necessary skills for a project manager and highlights that it is important for project managers to possess a clear understanding of the operational activities of the firms in order to make sound business decisions. Only those organisations that are able to effectively manage their projects as well as their operations will be able to survive and prosper in the future. Keywords: Project management, Operations management, Construction. 2. Introduction In order to achieve business success, organisations need to perform a number of activities. These activities could either be their operations or projects or a combination of both. It is not possible for organisations to achieve long term sustainable business success without proper measures to effectively manage its projects and operations. Hill (in Slack et al, 2010) clearly indicates the importance of operations to an organisation by pointing out that operation is the function responsible for 60-70 per cent of costs, assets and people. Similarly, almost all the businesses across various industries undertake projects of some sort. One of the key challenges faced by organisations in todays complex business environment is their capability to strike a balance in maintaining current business operations known as business as usual and also to maintain the rate of business change required to survive and compete in future (OGC, 2009). In this context of business change, projects play a criti cal role as they are required to introduce the changes required. Project management is gradually becoming an important discipline in the area of business success as Projects often provide the base for sustainable development implementation. It is important for projects to be well planned and well managed and have specific goals and targets. Although, operations management and project management are different in a number of aspects that are discussed over the next few section, there are a few characteristics that are similar for both projects and operations. Operations and projects both need careful planning, execution and control and are both performed by the human resources of the organisation. Also, they both often face the challenge of limited resources. 2.1. Construction Industry Construction Industry is one of the important contributors to the economy of many countries. The rapidly changing business environment has transformed the way activities and projects are undertaken in the construction industry. Due to the sheer volume of resources required to undertake large construction projects, the construction industry possesses the ability to generate employment and supports economic growth in the region by contributing largely to the Gross National Product (GNP) and Gross Domestic Product (GDP). However, it is important to understand that the construction industry operates in a different environment and is susceptible to several factors such as physical environment, legislations, resource availability as opposed to other industries. The Construction sector has a strong impact on the day to day activities of several lives and hence it is crucial to ensure efficient use of resources on the construction projects. Construction projects and operations require a diff erent set of skills in order to manage them effectively. For example: It is important to ensure the safety of team members involved in construction operations and projects as they usually need to deal with many hazardous operations. However, such safety concerns are not so significant in companies operating in the software industry. These challenges and newer ways of performing business activities have placed greater responsibility on the project as well as operations managers who are required to achieve business success within limited budgets and time. This implies that success in construction industry can be achieved by implementation of adequate project management and operations management teams. Before we delve deeper into the discussion related to the differences that exist between project management and operations management in construction companies, it is important to clarify the basic definitions of project management and operations management and their importance in construction companies. 2.2. What is Project management? Projects involve certain degrees of uncertainty as they are unique to the organisation undertaking it. In order to achieve success and desired results, it is important for the project management team to effectively manage the day to day activities involved in a project. Projects consist of a number of separate but interdependent tasks that have the specific objective of creating and developing some new entity (Woodward, 1997). In this aspect project management plays a crucial role. Project management has been in existence for several years and has become an integral area of management over the last three decades. Project Management Institute defines the discipline of project management as the art of planning and controlling various human and non-human resources to be used during the entire project life cycle in order to accomplish already set objectives of scope, cost, quality, and time by using modern management techniques (Barrie and Paulson, 1984). In simple terms, project managem ent can be defined as the process of planning, executing, controlling and monitoring the various aspects of a project in order to achieve the project objectives and deliverables within limited time, costs and resources. Figure 1 shows the various processes of project management in construction industry used to achieve the project objectives and deliverables within limited time, cost and resources. Figure 1 Project management Processes 1. PROJECT DEFINITION 2. TEAM ESTABLISHMENT 3. PROJECT PLANNING (Scope, Importance, Project plan in terms of time frames and resources) Continuous Project monitoring 4. IMPLEMENTATION 5. EVALUATION 6. PROJECT CLOSURE AND HANDOVER Halpin and Ronald (Hendrickson and Au, 1989) point out the three basic ingredients that represent a project management framework. They are: General Management: This is a broad subject that various aspects such as finance and accounting, strategic planning, organisational structure, marketing, organisational behaviour among others. Special Knowledge domains Supporting disciplines For successful management of projects, strong working knowledge of these areas is needed. All these three areas play a key role in effective management as they are linked with the activities involved in undertaking a project. 2.3. What is Operations management? The main objective of any business or organisation is produce high quality goods or services that meet their customers requirements in order to survive and prosper in the future. In order to achieve long term business growth, it is important for organisations to operationally enact the organisations business strategy. In this context, to achieve long term strategic direction, organisations operations play a key role as it is important to effectively manage a large number of daily operations that are aimed at accomplishing the desired objectives to satisfy the customers. In order to achieve this business objective, it is necessary for firms to transform their resources into desired outputs that can be delivered to the end users. Operations consist of all these activities that are necessary to transform and deliver an organisations offering of goods or services to its customers. The main objective of the operations function is to efficiently manage the available resources to produce th e goods and services required by customers. Several large and small organisations have today acknowledged the importance of operations and hence have appointed people to take responsibility for managing all or part of the organisations operations processes. Success of operations within an organisation can be judged on the basis of its profits, growth and competitiveness. Operations activities form an integral part of any business as they focus on the management of a large number of assets, and expenditure to produce customer centric goods and services. Review of literature reveals that operations management within the construction industry is not a well recognized area of study as opposed to other major functional disciplines of marketing, human resource management and finance and accounting. However, the discussion that follows clearly establishes that operations management is every bit as important for Kentz, and other firms operating in construction sector in order to be successf ul. For the purpose of this discussion, it is important to establish the definition of operations management at this point. Operations management refers to the function that focuses on designing, managing and improving the systems and procedures that create organisations goods or services. It focuses on delivering value to the customers (Shtub, 1999). Other functions such as finance and human resources support operations functions and hence are indirectly involved in making products or delivering services. Firms that are able to effectively manage their operations can achieve sustainable competitive advantage. This is evident from the case of Toyota. Toyotas Production System (TPS) plays a vital role in its business success. Toyotas Production System is based on four integral principles namely, the elimination of waste (muda), continuous improvement (kaizen), automation with a human face (jidoka) and the involvement of all employees. The management at Toyota has worked towards imple menting these key principles in day to day business operations and this is evident in their practices such just-in-time, total quality management and team-working. TPS has enabled Toyota to achieve high volumes and high flexibility but with low levels of inventory and minimal defects. The application of these principles to its design operations also typically enables Toyota to get new products to market faster than its rivals, and with fewer design glitches (Slack et al, 2010). 3. Importance of Project management in construction The discipline of Project management initially originated in the construction industry but can be applied across various industrial and commercial sectors. Project management in construction plays a critical role in the construction industry as it is important for companies operating in the construction sector such as Kentz to manage projects on time within limited budgets and to manage risk across a number of projects that are large in terms of budget, time and resources. There is a need for construction companies such as Kentz to maintain a tight control on these constrained resources and finances to ensure profitability. Construction projects are usually characterised by long and complex life cycle and lower profit margins. Consequently, it is imperative for construction companies to maintain strict control over project schedules and costs to avoid any over-budgeting or wastage. Woodward (1997) notes that the project environment related to a particular project greatly affects the project management function. In this context, it is observed that the project environment related to construction project is affected by a number of internal as well as external factors such as availability of resources, legislative environment, physical conditions such as location, weather and the presence of competition. As a result, project management in construction is even more crucial due to the need to achieve high quality standards within limited resources. In construction industry, project management specifically consists of a range of objectives which may be achieved by undertaking a number of operational activities that need to be accomplished within the specified resource constraints. It is important for firms such as Kentz to resolve any conflict that may arise due to the differences in the desired objectives of scope, cost, time and quality, to the limited constraints of budget and human resources, by finding and developing alternate ways to accomplish the goals of the project. Hendrickson and Au, (1989) point out the following functions of project management for construction: Project management in construction is important as it helps in clearly specifying the project objectives and plans to outline the various aspects involved in the projects such as project scope, project budget, project timelines, setting quality standards, and selecting project participants. Project management also helps in procurement of labour and other resources as per the predetermined plan and schedule. Hence, it is important for maximization of efficient resource utilization. Project management activities help in smooth implementation of various operations as its main focus is to ensure proper coordination and control of planning, estimating, and construction in the entire process. Since construction projects are large and complex and often require use of large number of human resources, they may often face the challenge of interpersonal conflicts that may arise due to improper communication. Project management helps in development of effective communications and mechanisms for resolving conflicts among various active participants. 4. Importance of Operations management in construction The Construction industry is characterised by complex and large projects that usually involve substantial costs while leaving little room for profit margins. In this context, efficient operations management is important because it helps in managing an organisations costs. It is important for construction companies such as Kentz to manage their available resources and budget in the best possible manner to generate greater profit margins. If an organisation fails to manage and maximise the utilisation of its resources, it will not be able to achieve sustainable project success. Operations management in the construction industry helps the project team to achieve higher level of efficiency at low operating costs. Moreover, it is necessary that once the projects are completed, they are able to meet the desired quality standards. This is even more crucial in a construction project as any negligence can create dangerous situations in terms of safety. Operations management helps the firms op erating in the construction sector such as Kentz to ensure that they are able to achieve lower operating costs while also delivering high quality products to their customers. As discussed earlier, operations management has a long lasting impact on the quality, timeliness and reliability of the goods produced by an organization. The activities of the operations function are central to achieving these aims. 5. Project management Vs Operations management The above discussion clearly indicates the importance of effective project management and operations management in construction industry. It is established that both these disciplines are important to achieve long term sustainable growth and success. Although, they are an integral part of every business, and practitioners are of the view that project management is considered to be one of the most important functions of an operations manager, there are a few differences between project and operations management. They are as highlighted below: 5. a. Project versus Operations -Differing objectives: One of the major differences between project management and operations management lies in their differing objectives. The key aim of project management is to ensure smooth control and effective planning in order to achieve the desired objectives of the project on completion. On the contrary, operations management aims to manage and execute the daily operations that are necessary to sustain the business. Project management activities are usually designed around the project environment which is unique to a particular project. This implies that since a project is temporary and aimed at achieving some unique objectives to create a new entity, scope of project management is limited to that particular project. On the contrary, operations management is aimed at planning and executing the activities that are necessary for maintaining the current business operations. In terms of construction industry, activities that require procuring goods to undertake large and complex construction project and also that require selling the firms business to its potential clients are its operations. While, project management in construction industry ideally, would deal with the necessary planning of resources, budgeting, estimating of timelines and scheduling. Project management is temporary and is unique to a particular project that is undertaken to create a new entity, while, operations are ongoing and repetitive and deal with maintaining the existing business activities. Management of projects in a construction industry is a challenging task as the project environment is highly complex and the objective of project management is not limited only to the completion of project within specified time and budget. Client satisfaction and meeting the desired quality standards are crucial for project success in construction. 5. b. Time Constraints Another major difference between projects and operations is that projects are characterised by a definite beginning and ending while  operations  are repetitive and ongoing. Projects usually end when the objectives of the projects are achieved. This implies that the project duration is finite as opposed to the operations activities that are continuous. However, this does not necessarily mean that they are short lived. For instance, a large construction company is contracted to complete construction of a large commercial complex for setting up offices. In this scenario, in order to complete the construction project of commercial complex, a business owner who hires the construction company to construct the complex, will usually specify a definite date of start and completion of the building. From the point of view of the construction company, this unique construction opportunity is a  project that has certain time constraints. However, procuring of the building mat erials and other necessary equipments that are not unique to this particular construction project are known as the operations. These activities are repetitive and do not have a fixed time constraint. 5. c. Budget Constraints Project management deals with completion of certain projects within the specified budget constraints, while operations management concerns those activities that are necessary to maintain a specific profit margin. For instance, taking the case of the construction company that has been awarded the contract to complete construction of a large commercial complex by a business owner. In this scenario, the business owner who hires the construction firm will allot a specific cost for the project as detailed in its Request for Proposals. On the other hand, it is the responsibility of the operations management at the construction company to, ensure that a predetermined profit margin is achieved on the project and work while outlining its cost structure. 5. d. Project management is future oriented while Operations management is  present oriented Project management activities focus on achieving the future state of business. This implies that they are future oriented. On the contrary, operations management activities focus on maintaining the current state of business and bring the desired business changes, suggesting that the discipline of operations management is highly present oriented. In the construction industry, the aim of project management is to accomplish the completion of the project undertaken while delivering all the necessary expectations. All these activities of planning and coordination are aimed towards achieving a future state. While the daily operations are required to sustain smooth functioning of the current business activities. 6. Project managers should possess operations management skills The above discussion clearly highlights the differences between project management and operations management in a construction industry. However, management across various organisations is of the view that operations management and project management are necessary skills for project managers across all industries. It is important that project managers in a construction environment are able to adequately consider the quality and safety concerns. In a construction environment, any minor defect can manifest itself into a major issue as re-construction may be required leading to larger associated costs and delays in meeting the project timelines. Further, such defects can also often become the cause of several personal injuries or fatalities. Therefore, it is important to appoint skilled and efficient project managers who have the necessary experience to ensure that the job is done right the first time avoiding any major or minor accidents that may occur during the completion of the project objectives. General consensus with respect to success of project management and operations management in construction industry is that it is important that managers are able to motivate the team to collectively work towards business success and accomplishment of business objectives as well as project objectives. It is necessary for management to ensure that individuals part of the projects and operations coordinate and cooperate to form efficient and effective teams that are specialised in a specific knowledge area. It is important for project managers to have sound project and operations knowledge, skills and experience in handling several different teams. It is necessary that the organisations in the construction industry such as Kentz not only possess the necessary experience in the specialized knowledge area but also in the operations of their own as well their customers business. For instance, the management team at a construction may be well-versed constructing and customising the construction units as per the client requirements and yet it may lack the experience in the procuring the resources that are necessary to undertake customer transactions. This indicates the need for project managers to possess the required operations management skills. In order to achieve business success, it is important to ensure that the projects not only meet customer expectation but are also well aligned with the companys ideal profit margins. This can only be achieved if project managers have sufficient knowledge of the operations while creating project budgets. Also, in order to efficiently schedule and plan the budget and resources, it is importa nt for project managers to be well-versed in the supply chain and efficient management of logistics. 7. Conclusion It is established that project management and operations management, are two different fields of management. Project management in construction plays a critical role in the construction industry as it is important for Kentz as well as other companies operating in the construction sector to manage projects on time within limited budgets and to manage risk across a number of projects that are large in terms of budget, time and resources. It is important for Kentz, and other firms operating in the construction sector to manage their available resources and budget in the best possible manner to generate greater profit margins. If Kentz or other organization operating in the construction fails to manage and maximise the utilisation of its resources, it will not be able to achieve sustainable project success. Project management and Operations management are differing in nature in terms of their scope, time and budget constraint. Also, Project management activities focus on achieve the futu re state of business implying that they are future oriented. On the contrary, Operations management activities focus on maintaining the current state of business and bring the desired business changes. However, management across various organisations is of the view that operations management and project management are necessary skills for project managers across all industries. It is safe to conclude that in this dynamic business environment, only those organisations will survive and prosper that not only possess the necessary experience in the specialized knowledge area to accomplish project objectives but also in the operations of their own as well their customers business. There is a need in Kentz as well as other companies operating in the construction sector to appoint project managers that have sound project and operations knowledge, skills and experience in handling several different teams.

Elaphurus davidianus :: science

Elaphurus davidianus Pere David’s deer is a rare Asian animal. Its original home is found in northeastern and east central China. In 1865, a French missionary by the name of Father Pere Armand David was visiting China. While looking over the wall of the Emperor’s Imperial Hunting Park he observed a captive herd and later learned that the animals had been extinct from the wild for over 1000 years. He also discovered that this was the last remaining herd in china, and quickly took actions to preserve it. When Father David sent word to Europe about this rare species of deer it aroused much attention and resulted in getting a substantial amount of deer sent to several zoos throughout Europe. This deer is in the tribe of Cervidae, and of the order Artiodactyla. They are a medium sized deer with a height of about 120 cm (male is four feet while the female is slightly smaller.) The weight ranges from 300 (females) to about 550 pounds (males). The Chinese call this deer the â€Å"four unlikes,† because of its odd looking features. Unlike most deer, the Pere has a long bushy tail that resembles a donkey, a hose-like gait, broad, upturned hoofs, small ears, and â€Å"backward† antlers. The most distinctive characteristic would be the antlers. On the Pere, the main stem of the antlers lies forward of the head, while on other deer it lies towards the back. They fork right above the base, the tines point backwards, the last prong is unbranched and the first only branches once. The antlers reach a height of about two and a half feet. In the summer their coats are a reddish brown that dims to a grayish brown in the winter. It is thought that their original homes were in swampy, reed-covered marshlands. Their diets consist of, steppe’s grass, and water plants. They live to the age of 20 in the wild and 23 in captivity, they reach maturity at 14 months and are born around April or May, they spend about nine months with their mothers before they are weaned. The breeding of this species is very difficult and time consuming. Another strange trait of these magnificent animals is their love of water. They will spend hours standing in water up to their shoulders. Most of the deer from the original herd that were left in China were wiped out in 1895 by a severe flood, and the remaining deer were killed during the Boxer Rebellion in the early 1900’s.

John Cabell Breckinridge :: essays research papers

John Cabell Breckinridge One day I was walking around the grounds at the capitol building in Frankfort. There sitting alone in the First Lady’s rose garden on a bench was a solemn looking fellow. He looked very distressed and confused. So, I inquired if he was feeling well or needed something. He replied that he had just discovered everyone he had ever loved was gone and for some odd reason he was all that was left. I wasn’t sure what he meant by that so I sat down beside him. He was dressed quit dapper in a dark suit with an upturned collar and some sort of fanciful scarf wrapped around his neck very tightly like a tie. I also noticed his shoes appeared to fit either foot and he had a bright gold watch chain. I thought all this was very odd, and assumed he may have been a reenacter at the capitol building. I began to inquire about his behavior the following is the account of this bizarre conversation. I started by introducing myself, he said his name was Gen. John Breckinridge and he was in search of Gov. Leslie. I thought this was odd because Leslie was governor in the late 1800†s (1871-75). At first I told him Paul Patton was the governor this seemed to confuse him greatly. He asked me where I procured my clothing, I told him in Carrollton. He then asked if I knew Gen. Butler. I replied that I had only known his name and who he was and that I had never met him. As he began to tell me about Butler, his own life and some of the places he had been, I could do nothing but sit and listen in awe. He told me that he was born Jan., 21st 1821 and during his younger years he had studied law at several colleges. These included Transylvania University were he earned his Associates in Arts degree, then continued studying law at Centre College and graduated from Princeton University in 1839. He had gone to Iowa to practice law with a partner Thomas Bullock who was also from the Lexington area. I asked why he went so far to practice, his answer was that this was about as far west you could go and still be â€Å"civilized†. Also he speculated in land and owned several plots in this northwestern state. John Cabell Breckinridge :: essays research papers John Cabell Breckinridge One day I was walking around the grounds at the capitol building in Frankfort. There sitting alone in the First Lady’s rose garden on a bench was a solemn looking fellow. He looked very distressed and confused. So, I inquired if he was feeling well or needed something. He replied that he had just discovered everyone he had ever loved was gone and for some odd reason he was all that was left. I wasn’t sure what he meant by that so I sat down beside him. He was dressed quit dapper in a dark suit with an upturned collar and some sort of fanciful scarf wrapped around his neck very tightly like a tie. I also noticed his shoes appeared to fit either foot and he had a bright gold watch chain. I thought all this was very odd, and assumed he may have been a reenacter at the capitol building. I began to inquire about his behavior the following is the account of this bizarre conversation. I started by introducing myself, he said his name was Gen. John Breckinridge and he was in search of Gov. Leslie. I thought this was odd because Leslie was governor in the late 1800†s (1871-75). At first I told him Paul Patton was the governor this seemed to confuse him greatly. He asked me where I procured my clothing, I told him in Carrollton. He then asked if I knew Gen. Butler. I replied that I had only known his name and who he was and that I had never met him. As he began to tell me about Butler, his own life and some of the places he had been, I could do nothing but sit and listen in awe. He told me that he was born Jan., 21st 1821 and during his younger years he had studied law at several colleges. These included Transylvania University were he earned his Associates in Arts degree, then continued studying law at Centre College and graduated from Princeton University in 1839. He had gone to Iowa to practice law with a partner Thomas Bullock who was also from the Lexington area. I asked why he went so far to practice, his answer was that this was about as far west you could go and still be â€Å"civilized†. Also he speculated in land and owned several plots in this northwestern state.

Oceans :: essays research papers

Oceans   Ã‚  Ã‚  Ã‚  Ã‚  Earth is the only planet in the Solar System that has liquid water. The ocean contains ninety seven percent of the earth’s water and covers almost three quarters of the planet. There are four different oceans, the Pacific, Atlantic, Indian, and the Arctic. Tides and currents occur in all three of these oceans. Many different kinds of fish and mammals also make their homes in these oceans. All of these oceans are connected to each other in some way. Humans find oceans to be very interesting, beautiful, and exploring. All oceans contain salt water and other minerals. The Pacific Ocean has the largest body of water in it. It spreads nearly halfway around the world. The Pacific Ocean is also the deepest ocean out of all four oceans. The Atlantic contains the second largest body of water. Next is the Indian Ocean, which is on the borderline of being a big ocean and a small ocean. Last is the Arctic Ocean, which by all means is the smallest ocean of them all, and the shallowest.   Ã‚  Ã‚  Ã‚  Ã‚  Tides are common features of the ocean. Tides occur when large bodies water rise and fall, because of the gravitational pull of the moon and the sun. Spring tides are especially strong tides; in spite of the name they have nothing to do with the season spring. They occur when the Earth, the sun, and the moon are in a line. Spring tides occur during the full moon and the new moon. Neap tides are especially weak tides. They occur when the gravitational forces of the moon and the sun are perpendicular to one another. When water moves from side to side, it is called a current. Currents move warm and cold water to different parts of the ocean.   Ã‚  Ã‚  Ã‚  Ã‚  Ocean water is often referred to as salt water. Ocean water becomes salty as water flows in rivers, it picks up small amount of mineral salts form rocks and soil of the riverbeds. This very-slightly salty water flows into the oceans. The water in the oceans only leaves by evaporating, but the salt remains dissolved in the ocean, it does not evaporate. So the remaining water gets saltier and saltier as time goes on.   Ã‚  Ã‚  Ã‚  Ã‚  Animals of the ocean are really interesting and fun to learn about. Many of the oceans fish use what is called a coral as a nursery and a home. This coral also serves as a shelter to the fish from other big creatures that may want to eat them.

Assess the view that factors and processes within the school Essay

Many sociologists argue that â€Å"factors and processes within school are the main cause of difference† These factors include gender, class and ethnicity. All of these things can lead to certain stereotypes and labels being forced upon pupils. The idea that Teachers have certain expectations of different social and ethnic groups means that self-fulfilling prophecy can lead to pupils living out positive and negative labels. The role of gender in educational achievement is that in past times it has been that boys have achieved less than girls in school, this could be that boys have a history of ‘laddish’ behaviour and have had a negative attitude to learning. This had also led to teachers expectations of ‘lads’ to be low which has caused negative stereotypes and labels. All of these things have in turn caused many anti-school subcultures. Jackson did a study about how this ‘laddish’ behaviour is now being seen in some girls which could in fact mean that it is not only boys that have these negative labels but also girls. Another factor that may influence the achievement of girls is that girls now have a lot of higher role models and more opportunities in the future; this can lead to them working harder because they can see themselves being successful in the future. Another In-school factor would be ethnicity, different ethnic groups achieve better than others in education, for example the highest achieving ethnic group is British Chinese and the lowest would be black African Caribbean boys. The reasons for these differences in achievement could be linked to family morals and attitudes to school. Teachers also have expectations of different ethnic groups which again, like gender can lead to positive and negative labels and stereotypes. The curriculum in schools could also lead to this due to it being ethnocentric. Differences in class an play a crucial role in the achievement between different classes, for example working class children do not have as much cultural capital as middle class children and this can play a vital part in how they achieve at school, due to teachers expectations of how they behave and achieve. The idea of the hidden curriculum means that schools are preparing students for middle class jobs with middle class ideas. Also the idea that middle class teachers get on better with idle class students also reinforces the idea of teacher’s expectations which can lead to self-fulfilling prophecy and students either over or under achieving. One more in-school factor would be pupil subcultures and how streaming and setting can lead to both anti and pro school subcultures, This again links to the idea of self-fulfilling prophecy and that students may either reject their labels or follow them. The organisation of the school can also be closely linked to class and how students may be put into lower streams or sets due to their social background and how teachers perceive them. Home backgrounds of students also contribute to a large part of their achievement. The differences in class can lead to many home disadvantages such as material deprivation which means that students do not have enough money for resources such as private tutors, laptops, trips or uniforms; this will give them a disadvantage compared to middle class students. Working class students may also have other responsibilities to attend to such as looking after siblings or even disabled parents; this means that they do not have as much time to spend on studying. Parent’s attitudes towards school and education can also prove to be an impact, if a parent has a negative attitude to school and learning then the child will not have as much pressure or ambition to do as well. This idea of parent expectations links closely with ethnicity and how different ethnic groups view educarion. In conclusion there are many in school processes that can influence the achievement of children such as gender and how girls and boys are perceived and what teachers expect of them. Another would be Class and how working and middle class students achieve differently due to aspects of school life like the hidden curriculum. Also ethnicity and the expectations and ideas about certain groups like the British Chinese. There are also a lot of out of school factors such as home background, material deprivation and parents’ expectations. Overall I believe that the both in school factors and out of school factors contribute to the differences in educational achievement of different social groups.