Euthanasia Essay Example | Topics and Well Written Essays - 1500 words - 5

Euthanasia - Essay Example This paper analyses, critically, the arguments for and against Euthanasia. In the conclusion, I have given a personal opinion on my view of Euthanasia. The following are the main pros and cons of Euthanasia. One of the main arguments advanced in support of Euthanasia is the argument that Euthanasia is a morally right action because human beings have a right to self-determination, and for that reason, they should be allowed to choose their own fate (ProCon.org, n.d.). The proponents of Euthanasia contend that since human beings have the right to self-determination, denying euthanasia to the terminally sick patients who need and request for it is immoral and a violation of their right to self-determination. In law the issue of self-determination in regard to Euthanasia is a controversial issue, especially in the United States. Various courts in the United States have interpreted this issue differently. The following case demonstrates how the issue of self-determination in the United States constitution is a controversial issue. Year 1975, the 21 year old Karen Ann Quinlan was admitted in a hospital in a comma. The doctors at the hospital later declared Quinlan to be in a persistent vegetative state. After spending five months on a ventilator, Quinlan’s parents requested that the ventilator be removed and that Quinlan be allowed to die peacefully. The doctors at the hospital, however, objected to Quinlan parents’ requests, and this made the parents to bring the matter to a New Jersey Superior Court. In the ruling, to the disappointment of Quinlan’s parents, the New Jersey Superior Court denied the request of Quinlan’s parents. When Quinlan’s parents, however, took the matter to the New Jersey Supreme court, the Supreme Court reversed the ruling of the Superior Court and ruled that Quinlan’s constitutional right to privacy included her right to be removed from the

Construction Of The Questionnaire And Interview Schedule Marketing Essay

Construction Of The Questionnaire And Interview Schedule Marketing Essay Setting up a research has different approaches. In order to have a structured research paper, the methods and processes have to be clarified before starting the research. Different research styles and traditions are explained in the book of Finn, Elliott-Whit, Walton (2000). In this Bachlor Thesis, the survey method as research style and the positivistic approach as research traditions have been chosen. The lead questions will be answerd in the Descussion of the Results. The results are measurable, and the presentation of new ideas are based on the empirical data from the survey. In the quantitative research, a descriptive data analysis has been done, as it has a deductive approach. Figure 1: Generall Research Approach Theory Hypothesis Data collection Data analysis Research findings Accept or reject hypothesis Procedure and Approach The procedure and approach that was applied for this work will be explained in this subchapter. In the table below there is an overview of the approaches used: Table 1: Research Procedure and Approach Literature Review Internet, computer database, reports, articles, books have been used Methodology Deduction = The lead question will be tested Research Paradigm A positivistic approach was used Research Designs Qualitative approach Survey Method Online Survey with the program Surveymonkey External sources Regular contact with the Advisor and the external partner Hilke Patzwall (VAUDE) Data Analysis The online program Surveymonkey helped to evaluate the survey and to develop figures and graphs. (Source: Own illustration)Setting up a Research Question In February 2010 the aim of this paper was introduced in the first meeting with Mr. Luthe. With the external advisor Ms. Patzwall, there was a continuous Email contact. The lead questions and research problems were defined and set up. The lead question is: Are customers ready to buy recycled products and would they participate in a recycling program? Wurde diese Frage beantwortet?In Discussion of the results Information Search In the meantime, useful primary and secondary data was collected. The link of the survey was sent to 4500 addresses through a newsletter of VAUDE. Approximately 50 surveys were completed. This is a return rate of 1.1%. A circular mail was sent to over 500 Email addresses, which were gained through the internet. These addresses were all somehow related to the outdoor industry. More answers were gained thanks to an outdoor blog, www.outdoor-blog.com, and through a twitter account with 165 outdoor followers. The rest of the responses were received at the OutDoor Exhibition in Friedrichshafen, where the author gained 30 Email addresses. Stages in Survey Research The effects and causes through statistical analysis are shown thanks to the emphasis of Finn, Elliott-Whit, Walton (2000). A survey research is proposed with different stages. Subsequent stages are considered in the survey development; it is a modified version based on Finn, Elliott-Whit, Walton ( 2000,p. 87): 1. Appropriate conceptualization and structuring of the research problem 2. Derivation of appropriate measures of the key concepts 3. Determination of the sampling strategy 4. Construction of the questionnaire and interview schedule 5. Pre-testing the survey 6. Refining and modifying 7. Administration of the questionnaire 8. Data coding and processing 9. Data analysis and evaluation 10. Report writing All these steps combined help to get a better output, as they support the use of multiple methods. (Finn, Elliott-Whit, Walton, 2000) Pretest Set Data for Survey A pre-test was done with 112 participants. Based on the results of the pre-test, some adjustments were made. First of all, some answer options were added and also some questions were removed and formulated differently. The following big adjustments were made: Answer options added: Question 3: Which products do you separate from the usual domestic waste? Medicinal products Question 4: What do you do with your clothes which you do not wear anymore? Donate them to a charitable organisation and throw them away. Question 6: What are the reasons for the disposal of your clothes? Clothes are shabby or damaged Question 9: Why do you purchase a new outdoor jacket? Damaged Question 10: What do you do with the old outdoor jackets, which you dont wear anymore? Throw them away Question that were reorganised/relocated: Question 14 (Are you ready now, with the new knowledge gained, to participate in a recycling program for outdoor jackets?) moved to question 22. As there are more questions between the first time asked, people taking the survey really had the opportunity to gain new knowledge. Questions 15, 16, 17 and 18. (Are you ready to return your outdoor jacket to a specialist shop for a shopping voucher of 5 Euro?) The amount of money was too high. The lowest amount of vouchers giving back is 5 Euro to the highest with 20. Internet Survey The survey is on the basis of opinion survey. The needs, beliefs and behaviour are needed for my bachelor thesis. The interview form is very structured and done online. It is filled out by the consumer of outdoor equipment. As an incentive, VAUDE provides a bag which is made of recycled PET bottles to participants. The first question (Which outdoor sport activities do you follow regularly?) was to identify what kind of outdoor sports participants do. The second question was connected with the first. The aim of this question was to get a deeper look into the regularity of the outdoor sport done. To introduce the issue of recycling, the third question was about the separation of used products form usual domestic waste. Question number four had the aim to gain a deeper look at how clothes have been disposed until now. This question can be compared with question number ten, as it is the same question but instead of clothes disposal, it is about the disposal of outdoor jackets. How often the clothes disposal is done, is the next question, which helps to gain a deeper view into the habits surrounding clothes disposal. Question number six has the same aim. The first question about outdoor jackets is number seven, which shows the kind of outdoor jackets the survey takers own. The following question shows how often a new outdoor jacket will be purchased. The aim of this question is to understand why a new outdoor jacket is needed, so a connection can be made with purchase frequency. After four introducing questions about the outdoor jacket, the following recycling question is asked: Are you ready to recycle your outdoor jacket? This question is asked again at the end of the survey, question 22. There are nine questions between the first time and the second time asked. This is done because it will show whether they vary their beliefs about recycling their outdoor jackets. In question number twelve the willingness to purchase a recycled outdoor jacket is inquired about, to get information about customers interest. The next question is about the willingness to recycle, with the information, that recycling saves resources. That should show how the survey taker reacts given more information, as well as having the idea to do something good with the recycling of old outdoor jackets. Question number 14 points out the cooperation possibilities in the recycling program, it discloses the preferences. A rating system was introduced, and the respondent had the choice between three answers: ready, not sure or not ready. Four questions are about the amount of a store credit if the outdoor jacket is brought back to the store. It was chosen to ask a separate question for each amount. The idea behind this is that the participants are not prejudiced by the different amounts. The answers here are also a rating system with the same three different responses. The first question has the amount of 5 Euro, second of 10 Euro, third of 15 Euro and the last one of 20 Euro. These four questions will be analyzed and compared to gain the highest return of the outdoor jackets. Another question is to gain information about the willingness to pay a fixed recycling fee, which is paid as an extra charge on the normal price of an outdoor jacket. A following question is how high the fixed recycling fee should be, that the customer of a new recycling jacket would pay this fee. At the end of the survey demographic questions are asked, like sex, age, monthly net income per person in Euro, residence, the profession and the highest education complete. Survey Data and Evaluation When the number of surveys needed was reached, the link was closed and the evaluation of the surveys could be started. Graphs and figures were created and interpreted. The result of each question is shown fist, afterwards the six most important questions are analysed by socio-demographic data. These socio-demographic factors are: age, sex and education. They were selected as the most participants filled out these three questions in the survey. A differentiation between age and sex shows the aspects of women and men as well as those of different age groups. Another reason for selecting education was that the LOHAS differentiate from the other Lifestyles through education. The result of this analysis can be seen in chapter five. It has to be said that the work is not representative, as there are not the same amount of people in each social factor group. It should have been measured with the help of the population structure. In this short time it is not possible to do a representative s urvey as would be needed for a dissertation. This survey shows tendency and gives some further inputs. It needs to be mentioned that for the questions asked in this survey, often there is a limitation in interpreting the questions. This limitation is known as the intention-behaviour gap. It is a big gap between having an intention to do so and the actual behavior. This theory was introduced by Martin Fishbein in 1975. Aizen said a behavior is a function of compatible intentions and perceptions of behavioral control in that perceived behavioral control is expected to moderate the effect of intention on behavior, such that a favorable intention produces the behavior only when perceived behavioral control is strong. (Aizen, n.d.) For this reason the results in this survey need to be considered with care. Sadly a big gap remains between the percentage of people which have an awareness of the problem and those who take action to solve it. A study at Yale University showed that 92% are aware about the problem of global warming but it has a low priority relative to other issues. (Tan, 2008) Hypothesis In this thesis there are tree hypotheses formulated, which are proved or disproved in the subchapter 5.7, where the discussion will be presented. The willingness of a customer to recycle old outdoor equipment rises if he has a monetary benefit; either through getting back the recycling fee paid at the time of purchase or through receiving a store credit. The awareness of saving resources when purchasing a recycled outdoor jacket and when taking part in a recycling program is higher in customers above 35 than in customers under 35. Men purchase outdoor jackets more frequently as they do so when new technologies arise in the market, whereas women purchase outdoor jackets less frequently as for them the function is essential. Survey Results The survey had 202 participants but only 185 people finished all the obligatory questions. The analysis of the survey was done with the 185 complete survey responses. The personal questions were not obligatory, so there are fewer responses. Each chart which has fewer responses than 185 has a mark with the number of participants. First of all we begin with the personal information, followed by the activities. The third subchapter shows a closer look at the outdoor jackets and in the fourth subchapter, the recycling habits are presented. In subchapter 5.5 the six main questions have been analyzed with the socio-demographic factors. Socio-Demographic Data The survey was mainly sent to outdoor consumers in Germany, Switzerland and Austria, which can be seen form the chart of the country derivation of the participants. 175 people of 185 answered this question. Figure 2: Living Country (Source: Own illustration based on survey results of this study) Figure 3: Age (Source: Own illustration based on survey results of this study)The survey was mostly answerd by people between 26 to 35 with 69 answers. Followed by the age range of 46 to 55. With 15 answers, the age above 55 had the lowest participation. This question was answerd by 180 people. The sex of the participants is balanced: 90 male to 90 female. Figure 4: Education(Source: Own illustration based on survey results of this study) Figure 5: Main Activities (Profession)As it can be seen from the graph above, the education level is high. The people have at least an apprenticeship, only five participants have just a basic education. 45 survey takers have a diploma followed by 34 with a Masters degreeand 33 with a school leaving examination. 28 participants have a Bachelors degree and 25 have an apprenticeship. Moreover, eight participants have a Ph.D. and seven have completed the examination for the master craftsmans diploma. The high educational level is also reflected in the main activity (profession) of the participants in the next chart. Most of the survey takers, with 134 out of 185, are employed. 34 students took the survey, followed by 24 participants who are self employed. Three people are unemployed. (Source: Own illustration based on survey results of this study) The monthly net income shows the differences between a LOHAS curve and this surveys curve. This curve shows that over 29% have less or up to à ¢Ã¢â‚¬Å¡Ã‚ ¬1500, which can be explained by the high student participation rate. à ¢Ã¢â‚¬Å¡Ã‚ ¬1501 to à ¢Ã¢â‚¬Å¡Ã‚ ¬2500 is the next high point. The statistics of the federal office in Germany show that the average monthly net income is about à ¢Ã¢â‚¬Å¡Ã‚ ¬1300 to à ¢Ã¢â‚¬Å¡Ã‚ ¬2500. This matches the high level of a low net income, as in this survey 43% are from Germany. The second peak of à ¢Ã¢â‚¬Å¡Ã‚ ¬3501 to à ¢Ã¢â‚¬Å¡Ã‚ ¬4500 can be related to the higher net income in Switzerland and to the large number of highly educated survey takers. Only 11 participants have a net income of à ¢Ã¢â‚¬Å¡Ã‚ ¬ 4500. 111 anwers to this question were collected. Figure 6: Monthly Net Income (Source: Own illustration based on survey results of this study) Figure 7: Monthly Net Income (LOHAS Survey 2007) This monthly net income curve is not typical for followers of LOHAS. This fact is proofed by a survey of Burda Research Development. The LOHAS net income curve is the opposite of the survey graph. This big difference indicates that a very high number of students participated in the survey made for this thesis. Also, the weak status of the current economy could have had an effect on the net income distribution of the participants. On the other hand Wenzel, Rauch Kirig (2007) affirmed that LOHAS cannot be fixed to a social stratum, which confirms the survey of this thesis. (Wenzel, Rauch, Kirig, 2007) (Source: Own illustration based on Schmidt, Littek, Nickel, 2007) Frequency of Sports Activities Figure 8: Regularly Engaged Outdoor Sport Activities As it can be seen, in the summer and autumn, hiking is very popular. With 137 participants who execute this sport, mountain biking follows in popularity. 85 people from a total of 185 ski in the winter; this is the most popular winter sport, followed by snowboarding and ski touring. The aim of this question was to have an introduction to the outdoor section. The sequent graphs show results based on the findings of 185 questionnaires. (Source: Own illustration based on survey results of this study) (Source: Own illustration based on survey results of this study) Figure 9: Frequency of the Engaged Activities Above The graph below shows the frequency of engagement in the activities listed above. 52% stated that they engage in sport less than once in four weeks, while 49.7% do it once a week. More than 50% of all men do sport each week, whereas 60% of all women engage in the activity less than once in four weeks. After every second week, hiking is the most engaged-in sport activity. Jogging is the most popular sport to be engaged in once a week, followed by mountain biking. This graph shows that the majority who responded to this survey do not engage in sport every day. For this question, multiple answers were permitted. Recycling Habits The subsequent graphs are based on the findings of 185 questionnaires. Each question is related to recycling. Figure 10: Product SeparationFirst graph, the habit of consumers to recycle products of everyday use is revealed. As it can be seen, outdoor consumers are well informed about the recycling process and also take part in this process. 39 out of 185 people recycle all the products listed. From this number, 22 live in Germany, 9 in Switzerland, 2 in Austria, 1 in the Netherlands, 1 in Finland and 1 in Italy. While 23 of those surveyed are males, just 13 are females. Three other people did not share where they live. (Source: Own illustration based on survey results of this study) Glass and paper/carton are the most frequently recycled materials, whereas aluminum is the lowest recycled material with 62.2%, as it can be seen on the graph. 87.6% of 185 respondents separate clothes from the domestic waste. This initial question was needed to introduce survey takers to clothing recycling habits. For this question, multiple answers were allowed. Figure 11: Frequency of Clothes Disposal (Source: Own illustration based on survey results of this study)The second question was to find out the frequency of the clothes disposal. Once a year is time to put away old clothes for 35% of 185 people. 29% dispose of clothes twice a year. 27% of those surveyed clear out the cupboard less than once a year. Additionally, 6% dispose of clothes three times a year, and 3% do so more than three times a year. (Source: Own illustration based on survey results of this study) Figure 12: Reasons for the Clothes Disposal The most selected reason to dispose clothes, with 76.2%, is that the clothes have not been worn for a long time, followed by the reason of damaged clothes with 66.5%. For 42.7%, the size does not fit anymore, while no more place in the cupboard follows behind with 35.1%. Purchasing new clothes is the reason for 33.5% of the participants to disposal the clothes. 31% of those surveyed select their clothes for fashion reasons. For this question, multiple answers were allowed. Figure 13: Disposal Habits Disposal habits of old clothes Disposal habits of old outdoor jackets(Source: Own illustration based on survey results of this study) The aim of these two pie charts is to compare the recycling habits of old clothes and of old outdoor jackets. It can be seen that nearly a third in both pies are putting their old clothes and outdoor jackets in recycling bins. Clothes as well as outdoor jackets are likely to be given away to friends. While 20% of old clothes go to charitable organizations, 0% of outdoor jackets do. Instead, 2% reuse their old outdoor jackets for gardening. Another difference can be seen in keeping the clothes/jackets in the cupboard. 14% of outdoor jacket owners keep their old jackets in the cupboard, whereas just 6% keep their old clothes in the cupboard. These questions also had multiple response options. Closer look at outdoor jackets Figure 14: Assets of Outdoor Jacket This pie chart shows that all three types of outdoor jackets are fairly evenly distributed between the 185 participants. The aim of this question is to know which jacket is most represented. (Source: Own illustration based on survey results of this study) Multiple responses were possible for this question as well. 107 survey takers own all three jackets. 32 participants have just a hard-shell jacket, and soft-shell jackets are owned by 47. An isolation jacket is owned by 53 participants. (Source: Own illustration based on survey results of this study) Figure 15: Frequency of Purchase a New Outdoor Jacket Most of the customers do not intend to buy a new outdoor jacket each year. 33.5% of 185 participants buy a new outdoor jacket fewer than every third year, followed by 27.6% with Every second year and 18.4% with Every third year. Only 18.4% purchase a new outdoor jacket each year, and even fewer, 5.9% do so twice a year. Only 1.6% buy a new outdoor jacket more than twice a year. Figure 16: Purchase Reasons of New Outdoor Jackets (Source: Own illustration based on survey results of this study) Most people purchase a new jacket because their current jacket is damaged or has lost its function. New fashion and new technology are nearly on the same level, and for the majority, they are not a main reason for buying a new outdoor jacket. The following questions, in which the willingness of the customer is asked, the reader needs to be aware of the intention-behavior gap. There is a difference between the intention some have and the behavior they exhibit. In this survey, the intention was found out. For more information about the intention-behavior gap, refer to subchapter 4.1.6. Figure 17: Purchase a Recycled Outdoor Jacket (Source: Own illustration based on survey results of this study) The aim of this question is to gain an insight into the willingness of buying a recycled outdoor jacket. In terms of purchasing a recycled outdoor jacket, more than 80% agreed to do so. 16% are undecided and nearly 3% are not willing to buy a recycled outdoor jacket. Figure 18: Participation in a Recycling Program (Source: Own illustration based on survey results of this study) The question was formulated to communicate briefly to the participant that if they recycle outdoor jackets, they help to save the environment. 75% stated that they are ready to take part in a recycling program. 19.4% are unsure about taking part and 4.8% are not ready to recycle their outdoor jackets. Recycling Possibilities In this subchapter the answers to the different recycling possibilities will be shown. Also, it was asked which return system the customer would most appreciate. Finally, there will be an overview about the willingness to take part in a recycling for outdoor jackets. Figure 19: Return MethodIn terms of popularity, the way to return the outdoor jacket is by a recycling bin with 42%, closely followed by giving the jacket back to the selling point with 39%. While 14% of all respondents would appreciate a return system by post, 5% do not want any of these returning systems. (Source: Own illustration based on survey results of this study) A first method of trying to convince the customer to participate in the recycling program is with an incentive. The survey found out that with an incentive of 5 Euro, 67%, 10 Euro, 70%, 15 Euro, 74%, and 20 Euro, 80% of all respondents would be disposed to give back their outdoor jacket in a specialist shop. Figure 20: Store Credit (Source: Own illustration based on survey results of this study) (Source: Own illustration based on survey results of this study) Figure 21: Fixed Recycling Fee Figure 22: Height of Fixed Recycling FeeThe second method is that customers pay a fixed recycling fee. This fee has to be paid when the customer buys the outdoor jacket. The fee is additional to the normal price and will be paid pack if the customer brings the outdoor jacket back. 63% stated that they are ready to pay the fixed recycling fee. While more than 11% do not accept the recycling fee, more than 25% are unsecure about it. (Source: Own illustration based on survey results of this study) This graph shows the sum the customer would be ready to pay as a recycling fee. Most of those surveyed expect to pay not more than 10 Euro. In second place is 20 Euro. In third place is 0 Euro, followed by 5 Euro in fourth. Some people would not mind paying a higher amount. 11 paricipants see 50 Euro as acceptable. Figure 23: Participation in Outdoor Jacket Recycling Ready to recycel outdoor jacket at the end of the questionair Ready to recycel outdoor jacket at the beginning of the questionair (Source: Own illustration based on survey results of this study) The first question was posed before the participants had any information about the recycling of outdoor equipment. As it can be seen, 91% were willing to participate in a recycling program. Interestingly, 12% changed their minds from ready to unready after they had received more information from the survey. This is a surprising result, as after the questionnaire, fewer people are willing to participate than before. Some comments are made, which will be disussed in the next subchapter.

Alexander Techinque Essay -- essays research papers

The Alexander Technique is not so much something you learn as something you unlearn. It is a method of releasing unwanted muscular tension throughout your body which has accumulated over many years of stressful living. This excess tension often starts in childhood and, if left unchecked, can give rise in later life to common ailments such as arthritis, neck and back pain, migraines, hypertension, sciatica, insomnia and even depression. Vast amounts of money are being spent on the treatment of these illnesses (to say nothing of the pain and discomfort that is endured by the sufferer), yet the number of patients continues to increase. With the right education, however, many people could be helped to understand the causes of their problems and be taught to help themselves, so that their aches and pains may either be relieved or avoided altogether. The Alexander Technique can help us to become aware of balance, posture and co-ordination while performing everyday actions. This brings into consciousness tensions throughout our body that have previously gone unnoticed, and it is these tensions which are very often the root cause of many common ailments. This is exactly what Frederick Matthias Alexander, the originator of the Technique, discovered when trying to get to the bottom of his own voice-related problem. When applying the Alexander Technique you will learn how to release unnecessary muscle tension. As most of this tension has built up very gradually over a number of yea...

Steel drums :: essays research papers

The recording I listened to is called Carnival Favorites. It is Caribbean steel drum music. It is the majority of what people listen to and play in the Caribbean. It can be related to the genre of music known as techno. Usually a basic beat is repeated while a featured instrument such as steel drums plays a melody or song. Caribbean bands are mostly comprised of a drum set player, steel drum player, and a guitar and bass player. Other bands will add in other instruments such as a keyboard, bongos, or African drums. It is played so that people will be entertained, is played to keep people’s spirits high. Steel drum music is also about dancing. Any song that is played you will most likely be able to dance to it. The music makes you want to get into groove. Unless a band is playing a cover song, the band might not have a singer. Steel drum bands, in particularly, use the steel drums to â€Å"sing† to the audience. Steel drum players are fascinating to watch because of how difficult it is to play, and players can play every note perfect in the steel pan with ease.   Ã‚  Ã‚  Ã‚  Ã‚  It differs from any American music because there are usually not any words, and is different from techno because the steel drum is used as a voice instead of a sound machine. Most music that I listen to is based on the guitar and the vocalists. Being a drummer makes me focus more on the drum parts, which is why I like steel drum bands because they are percussion featured. The steel drums, and other percussion instruments are the main attractions. The tempos of what I listen to, and Caribbean music, differ greatly. The genre of music I listen to can be up to twice as fast as Caribbean music. Caribbean music is at a mild tempo so it is relaxing and so nobody is over worked, either dancing or playing. Most steel drum players could not play at a fast speed.

Lis Pendens Essay

CHAPTER 1 INTRODUCTION The doctrine of lis pendens1contained in Section 52 of the Transfer of Property Act, 1882 (hereinafter â€Å"TPA†) and expressed by the maxim ut lite pendente nihil innoveturem bodies the principle of law that â€Å"†¦pending a litigation nothing new should be introduced, and provides that pendente lite2, neither party to the litigation, in which any right to immovable property is in question, can alienate or otherwise deal with such property so as to affect his opponent.†3 The basis of this doctrine rests on the idea that â€Å"†¦the very purpose of seeking relief against any grievance [through a judicial proceeding] would be meaningless and ineffective†4 â€Å"†¦if alienations pendente lite were permitted to prevail†5 as despite having a decree of the Court in his favor, the plaintiff would have to commence proceedings de novo in order to reclaim his rights from the person to whom the property right was transferred by the defendant. The do ctrine can be said to be an aspect of the principle of res judicata6and has its basis in â€Å"expediency and necessity of fine adjudication†7 and the need of having â€Å"finality in litigation†.8The doctrine is based on the notions of justice, equity and good conscience9 and has emerged out of public policy considerations.10 This paper deals with the doctrine of lis pendens as it is contained in the Transfer of Property Act 1882 and analyses the doctrine under the following heads: (A) Theoretical Basis (B) Essential Conditions and (C) Effect of a transfer pendente lite. STATEMENT OF PROBLEM Why this project? This is a project in the subject of Property Law for the completion of assessment and evaluation as it is part of the curriculum. The above project titled ‘Doctrine of Lis Pendens (Section 52): A Critical Analysis’ is part and parcel of course of Property Law subject in eighth semester. The project lies for the complete analysis of the theme through which we will be able to find out and highlight the basis and their relevance in the subject. SCOPE The project deals with some of the questions arising out of Section 52 of the Transfer of Property Act, 1882 which deals with the transfer of immovable property pendente lite. The research will be restricted to the given topic and secondary sources are used for the purpose of this research. OBJECTIVE The objective of the research is to study in depth Section 52 and critically analyze it referring to various books and Law Commission Report. Also, to find out the limitations and loopholes which are there in the Section in light of different case laws and judicial pronouncements. HYPOTHESIS Pendency of a suit or a proceeding shall be deemed to continue until the suit or a proceeding is disposed of by final decree or order, and complete satisfaction or discharge of such decree or order has been obtained or has become unobtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force RESEARCH METHODOLOGY Doctrinal Research This project is mainly the outcome of the library based research. The research is of the systematic exposition, analysis and critical evaluation of legal rules and their inter-relationships. Articles, books, case study and secondary data are referred for the literature review and reference and based on it analysis and conclusion are drawn. CHAPTER 2 THEORETICAL BASIS This part will enquire into the theoretical basis of the doctrine of lis pendens. The broader question that is sought to be answered here arises in a situation when a person unknowingly acquires title to a property which is involved in a civil dispute which is yet to be decided upon. In this situation, the question that is often raised is that on what basis the rights of the ignorant transferee can be subverted under the doctrine of lis pendens in order to recognize the rights of the victorious party in the  dispute over the disputed property. Two theories have been out forth in this regard. The first theory states that a pending suit is a constructive notice to the entire world and thus an ignorant transferee is consequently deemed in law to be aware of the disputed condition of the property and is barred from making the claim that s/he was a bonafide purchaser.11 However this theory is being increasingly displaced by another which relies on public policy considerations to justify the doctrine of lis pendens. Accordingly â€Å"†¦the doctrine is not founded on any theory of notice at all, but is based upon the necessity†¦ [for] preventing litigants from disposing of the property in†¦such manner as to interfere with execution of the court’s decree. Without such a principle†¦ all suits for specific property might be rendered abortive by successive alienations of the property in suit, so that at the end of the suit another would have to be commenced, and after that, another, making it almost impracticable for a man ever to make his rights available by a resort to the courts of justice.†12 This theory does away with need of inferring a constructive notice from fact of existence of the dispute. The transferee’s rights are not affected because the suit amounts to a constructive notice but because â€Å"†¦law does not allow litigant parties to give to others, pending the litigation, rights to the property in dispute, so as to prejudice the opposite party.†13 â€Å"The intention of the doctrine is to invest the Court with complete control over alienations in the res which is pendente lite, and thus to render its judgment binding upon the alienees, as if they were parties, notwithstanding the hardship in individual cases.†14 It has been argued that such a stringent version of this doctrine imposes an undue burden on innocent purchasers who buy disputed property. This is particularly so in cases where the lis is not duly registered under Section 18 of the Indian Registration Act, 1908. The states of Maharashtra and Gujarat have enacted state amendme nts which restrict the application of this doctrine to the cases where the parties to the dispute have registered the lis under the Indian Registrations Act 1908. This affords protection purchasers who may not have any means of determining the existence of a dispute in relation to the property they intend to deal with.15 CHAPTER 3 ESSENTIAL CONDITIONS The following conditions have to be satisfied for the application of Section 52 of TPA: (I) A suit or proceeding â€Å"in which any right to immovable property is directly and specifically in question†16 must be pending in an appropriate Court (II) The suit should not be a collusive one. In such a case, the property â€Å"cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the court and on such terms as it may impose.†17 The following parts deal with each of these elements in detail. Pending Suit â€Å"A suit is commenced by the filing of a plaint, and appeals and execution proceedings are a continuation of the suit.†18 According to of Section 52 a transfer of property involved in a suit while the pendency of the suit is hit by the rule of lis pendens enshrined therein. For a suit to be pending the Court must have the necessary jurisdiction. In the absence of such jurisdiction, â€Å"the decree pronounced by the Court will be a nullity†19 and hence would not attract the rule of lis pendens. An appeal or execution is included in the continuation of the suit and the bar of lis pendens extends over such proceedings. â€Å"The explanation to the said section indicates that the pendency of a suit would encompass the stage after the final decree till complete satisfaction and discharge of such decree or order. It is, therefore, obvious that legislature †¦ has thought it fit to extend the scope and ambit of the terminology â€Å"suit† even for covering the execution proceedings in connection with decrees passed in such suits†20 A transfer made before the pendency of the suit is not subjected to this rule.21 A suit filed in a foreign court cannot be a lis pendens under this rule.22The rule cannot apply to properties situated outside India.23 Furthermore the right to an immovable property24 must be directly and specifically be involved in the suit.25 Suit must not be collusive Section 52 of TPA becomes operative as soon as a bona-fide suit is instituted which is not in any way collusive.26 A collusive proceeding27 is different from a fraudulent proceeding. In a fraudulent proceeding, the claims made are false and are instituted to injure the plaintiff. Whereas in a collusive  proceeding, there is a secret arrangement between the parties to the suit and the object of instituting such proceedings is to utilize the judicial forum to curtail the claims of bona-fide transferees over the disputed property.28 A collusive proceeding would bind the parties but not their transferees.29 CHAPTER 4 EFFECT OF TRANSFER PENDENTE LITE â€Å"The transfer when it falls within the mischief of [Section 52 of TPA] will be deemed to be non est for the purpose of lis pendens.†30 The right to the property will continue to vest in the transferor notwithstanding he transferred it. However, there is no indication in the section that the transfer is rendered void. Rather, the transfer has been held to be â€Å"valid and operative as between the parties thereto.†31 The doctrine of lis pendens merely subordinates the rights of the transferee to the rights determined by the Court upon the completion of the proceedings. If the rights do not conflict, then the transfer would act as a valid transfer. This is can be inferred from the words, â€Å"so as to affect the rights of any other party thereto under any decree or order which may be made therein.†32 CHAPTER 5 CONCLUSION This paper reviews the doctrine of lis pendens under Section 52 of TPA. It is evident from the analysis of the doctrine that the basis of the doctrine lies in public policy considerations and the expediency to ensure finality of litigation. While the doctrine does invalidate a transfer pendente lite it renders the rights of the transferor subservient to those determined by the Court in the ongoing proceedings. The doctrine demonstrates a classic case wherein individual rights of parties are rendered dormant to satisfy a public policy objective. The broad principle underlying Section 52 of the Transfer of Property Act, 1882 is to maintain the status quo unaffected by the act of any party to the litigation pending its determination. Even after the dismissal of a suit, a purchaser is subject to lis pendens, if an appeal is afterwards filed. If such a view is not taken, it would plainly be impossible that any action or suit could be brought to a successful  termination if alienations p endente lite were permitted to prevail. The explanation to Section lays down that the pendency of a suit or a proceeding shall be deemed to continue until the suit or a proceeding is disposed of by final decree or order, and complete satisfaction or discharge of such decree or order has been obtained or has become unobtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force. INDEX OF AUTHORITIES 1. Legislations: a. Transfer of Property Act 1882. 2. Cases Cited: a. Thakurai Bhup Narain Singh v. Nawab Singh And Ors. [1957] AIR Pat 759 (HC). b. Bellamy v. Sabine [1857] (1) De G & J 566. c. Digambararao v. Rangarao [1949] AIR Bom 367 (HC). d. Lov Raj Kumar v. Daya Shankar [1986] AIR Del 364 (HC). e. Chanda Sab v. Jamshed Khan [1993] AIR Kant 338 (HC). f. Minakshi Saini v. Gurucharan Singh Sharma (2002) 2 Punj LR 439, 441 (HC). g. Simla Banking Industrial Co. Ltd. v. Firm Luddar Mal [1959] AIR Pun 490 (HC). h. Ghantesher Ghosh v. Madan Mohan Ghosh and Ors.[1997] AIR 471 (SC) . i. Umesh Chunder v. Zaboor Fatima [1956] AIR 593 (SC). j. Palani Chetti v. Subramanyam Chetti (1896) ILR 19 Mad 257. k. Sivaramakrishna v. K. Mammu (1957) 1 Mad LJ 14 (HC). l. Hans Nath v. Ragho Prasad (1932) ILR 54 All 159 (HC). m. Md. Shafiqullah Khan v. Md. Samiullah Khan [1929] AIR All 943 (HC). n. Gouri Dutt v. Sheikh Sukur Md. [1948] AIR PC 147 (PC). o. Nuzbat-ud Daula v. Dilband Begam 21 IC 570. p. Nagubai Ammal v. B. Sharma Rao [1956] 1 SCR 451 (SC) 3. Books: a. Sorabjee S, Darashaw J.Vakil’s Commentaries on the Transfer of Property Act (2nd Edn., Wadhwa Nagpur 2004). b. Bharuka G, Mulla: The Transfer of Property Act 1882 (10th Edn., Lexis Nexis 2006). 4. Dictionaries: a. Black H.C., Black’s Law Dictionary (4th Edn, West Publishing Company 1968). 5. Law Commission Reports: a. Law Commission of India, Section 52: The Transfer of Property Act 1882 and It’s Amendment (Law Com No. 157, 1998).

Mass Relationships in Chemical Reactions Essay

Aim The aim of this experiment is to show that a reaction doesn’t have always 100% yield by reacting NaHCO3 and HCl and determining the amount of the products to calculate actual yield. Introduction A chemical reaction will be quantitative if one of the reactants is completely consumed. In this experiment sodium bicarbonate and hydrochloric acid start a reaction. The formula of this reaction is below. NaHCO3 + HCl –> NaCl + H2O + CO2 Observations In this experiment, sodium bicarbonate is put in an evaporating dish and some amount of HCl is added in the dish and the reaction started. Bubbles are formed and CO2 gas is produced and the reaction started to make sound. There was also water vapor formed. White NaHCO3 started to turn into a colorless liquid after adding HCl. As the reaction takes place water is started to form. NaCl was dissolved in water, so salty water is heated to obtain NaCl. As the liquid is heated it turned into a yellowish color for a few seconds. Then it started bubbling and water vapor is formed. Raw Data: Trial # Mass of Dish+NaHCO3+Lid +- 0.1 (g) Mass of NaCl+Water+Dish+Lid +- 0.1 (g) Mass of NaCl+Dish+Lid +- 0.1 (g) 1 64.14 g. 72.16 g. 63.28 g. 2 65.14 g. 72.95 g. 63.91g. Mass of Evaporating Dish + Lid: 62.14 +-0.1 g Processed Data: Trial #1 64.14 – 62.14 = 2 g NaHCO3 72.16 – 62.14 = 10.02 g NaCl + H2O 63.28 – 62.14 = 1.14 g NaCl Trial # 2 65.14 – 62.14 = 3 g NaHCO3 72.95 – 62.14 = 10.81 g NaCl + H2O 63.91 – 62.14 = 2.07 g NaCl Trial # Mass of NaHCO3 (g) Mass of NaCl + H2O (g) Mass of NaCl (g) 1 2 g 10.02 g 1.14 g 2 3 g 10.81 g 1.77g Calculations Na: 14.01 g/mol, H: 1.01 g/mol, Cl: 35.45 g/mol, O: 16 g/mol, C: 12.01 g/mol NaCl= 49.46 g/mol H2O= 18.02 g/mol NaHCO3: 75.03 g/mol Mole number of NaHCO3 = mole number of NaCl Trial #1 2 / 73.03 = 0.0274 mol NaHCO3 1.14 / 49.46 = 0.0230 mol NaCl Theoretical Yield: 0.0274 mol NaCl Percent Yield: 0.0230 / 0.0274 = 0.8394 x 100 = 83.94% Trial #2 3 / 73.03 = 0.0411 mol NaHCO3 1.77 / 49.46 = 0.0358 mol NaCl Theoretical Yield: 0.0411 mol NaCl Percent Yield: 0.0358 / 0.0411 = 0.8710 x 100 = 87.10% Conclusion The results are 83.94% for trial #1 and 87.10% for trial #2. Trial #2 is more accurate. The accepted value is 100%. The percentage errors are 16.06% for trial #1 and 12.90% for trial #2. The uncertainties are too small to calculate on the results. Random errors presented in this experiment. All the errors were done by human beings. There weren’t any errors due to a flaw of a machine or the procedure. Evaluation When salty water is heated on the first trial, the substance started to spill around, because the substance is heated with high amount of heat and faster than it should be. As a result, some of the NaCl which stuck on the lid and spilled around was lost, so the result of the first experiment is not accurate. Other reasons that changed the results may be all NaHCO3 may not be dissolved. Too much HCl may be added on the dish. There may be still water molecules left on the salt after heating. To get more accurate results, the experiment should be done more slowly than this experiment. Especially the heating process should be done slowly, so the evaporation can be observed more carefully.

Anzaldua’s Struggle with Language Essay

Gloria Anzaldua, the author of â€Å"How to Tame a Wild Tongue,† expresses a very strong tie that she has to her native language. Anzaldua grew up in the United States, but spoke mostly Spanish. She did not speak the normal form of Spanish though; she spoke Chicano Spanish, a language very close to her heart. The text focuses on the idea of her losing her home accent, or tongue, to conform to the environment she is growing up in. From a very young age, Anzaldua knows that she is not treated the same as everyone else is treated. She knows that she is second to others, and her language is far from second to others as well. Anzaldua stays true to her language by identifying herself with her language and keeping it alive, when everyone else wants it gone. She strategically expresses herself in the text through her personal experiences with the language, the use of narration and structure, and her gender role within her language. Anzaldua uses appeals such as ethos, pathos, and log os to show the audience the use of these three strategies. Anzaldua’s text begins with her visit to the dentist. This is where she introduces the main, reoccurring, theme of â€Å"taming a wild tongue.† This theme, depending which way it is looked at, can be seen as a rhetorical question in the sense that her â€Å"tongue† cannot be tamed. In this case it metaphorically represents her native language she speaks. The dentist is getting frustrated with her tongue getting in the way of his work, and he mentions how her tongue is so strong and stubborn. He states that something must be done about her untamed tongue. Ironically, everything the dentist says about to tongue is true for her native tongue as well. Anzaldua knows that she cannot stand up for herself and her tongue, because her language is frowned upon in America. There is no way to tame her tongue; she must completely get rid of it. In these first opening paragraphs, Anzaldua is using the rhetorical strategy of her personal experience at the dentist. When reading this, one may think that the author is trying to portray a young girl at the dentist and that her tongue is being stubborn. The author is using a metaphor, and is not only talking about her actual tongue, but her accent as well. Anzaldua is showing an appeal such as pathos. The author shows this emotional appeal to demonstrate the love that she has for her language. Anzaldua identifies herself with her language, and is very emotional about it. The author has many personal experiences with the language that she is punished for. At school if she was caught speaking Spanish, she would be punished for it. For instance, she was once punished and accused of â€Å"talking back† to the teacher when all she was trying to do was tell her how to pronounce her name. The teachers were very disrespectful to her and her companions who spoke Spanish. One of the teachers stated, â€Å"If you want to be American, speak American. [i]f you don’t like it, go back to Mexico where you belong† (59). The Spanish speaking students were frowned upon and were not only taught to speak English, but to speak English without slang or a Mexican accent. Anzaldua identifies herself with her language, and is offended if someone talks poorly about it. The author uses her emotional tie to her language to connect with the audience and give the reader a sense of how she feels. She uses ethos to show her strong connection with her background. She speaks her â€Å"home† tongues only with her sister and brothers, and her friends. There are five different languages but the two that she feels closest to are Chicano Spanish and Tex-Mex. She also speaks Pachuco, the language of rebellion, which she speaks in secret with kids and people her own age. According to Americans, her language is considered a bastard language and that it is illegitimate. This is something that she takes to heart because her language is so important to her and it is so close to her and her family. Anzaldua shows this in the narration and structure of her writing. Her reading is bilingual instead of just in English. She will write a whole sentence in English but change one or two words in the sentence to Spanish. An example is when she says, â€Å"Often with mexicanas y latinos we’ll speak English as a neutral language† (64). Here is just a small example of how she includes her Spanish language in her English text. There are many different times when Anzaldua does this in her reading. This is something that may confuse an English reader with no Spanish experience. Often times when I came across words in Spanish I got confused and almost embarrassed because I had no clue what she was trying to say. I think this is a great way to show readers how she felt as a Chicano trying to learn a whole new language. Anzaldua’s strategy of narration and structure of the text really catches a reader’s eye. She also italicizes any Spanish words that she includes in her text. This is just another way of showing the audience how important her language is to her. Another strategy she uses in her writing is how she splits up her story. She has many different titles throughout her text including: Overcoming the tradition of silence, Oyeá ¿ ½ como ladra: el lenguaje de la frontera, Chicano Spanish, and Linguistic terrorism. These titles all represent a new important part of her life and her life growing up in America. This is a strategy that works well with an audience because it attracts a reader to want to know more about the next topic of her life. Anzaldua uses these strategies to build appeals with the audience. She demonstrates ethos to the audience because of the emotional tie she has with her background. A reader can connect with her when she reveals her emotion to the audience. The use of her two languages in the text also exhibits her use of logos. Anzaldua struggles to keep her language alive because it is something that is so dear to her heart, but in turn she is not treated as well as she should be treated. In her text, Anzaldua explains how women are treated differently within the language. From a young age, girls are taught not to talk much, and to not talk back. In Spanish when speaking about a group of girls, including yourself in the group, you would say nosotras, and when speaking about a group of guys you would say nosostros. Anzaldua did not know that the word nosotras, the feminine reference, even existed until an older age. A group of women was always referred to as the masculine meaning. She states, â€Å"We are robbed of our female being by the masculine plural. [l]anguage is a male discourse† (60). Although women are treated differently than men, she does not take this to heart because she has grown up this way, and she still loves her heritage and language. She stands up for her language because it is part of who she is as a woman. She is proud of whom she is, and the language she speaks. Anzaldua values her language because it is a part of her identity. She says, â€Å"Ethnic identity is twin skin to linguistic identity-I am my language† (65). If you really want to make her mad or hurt her feelings, say bad things about her language. She takes pride in her language and respects it. This is the closest thing to her and is part of who she is. Anzaldua’s gender role within the language shows a reader how she is viewed as a woman. This established ethos to the reader because of how she feels about the illegitimacy of the language. She cannot accept legitimacy of herself until she is free to be like a typical American and do all the same things as them. Anzaldua says after this is done, â€Å"I will overcome the tradition of silence† (65). Throughout the text, â€Å"How to Tame a Wild Tongue,† by Gloria Anzaldua, she consistently refers to the pride she takes in the language. Her Chicana Spanish is something that is very important to her, and very dear to her heart. A reader realizes this by the author’s use of personal experiences with the language, the use of narration and structure, and her gender role within her language. Anzaldua also uses these strategies to aid in the use of her appeals such as ethos, pathos, and logos. She uses ethos frequently throughout her text because Chicano Spanish is something that is so important to her. Anzaldua takes pride in who she is and where she is from, and she will never let anyone take that away from her.