Outcrops versus Exposures, an Essay

The terms geologists use to describe bedrock thats available for the hammer are two: exposures and outcrops. Exposure covers all cases, whereas outcrop is used for an exposure that is natural. The faces sculpted on Mount Rushmore are exposures, but Mount Rushmore itself is an outcrop. The subtler shades of meaning of these two words reflect their deepest roots. Rock Outcrops The first people to call themselves geologists, about 200 years ago, visited mines and talked to lots of miners. In England, the miners used the words cropping or cropping out to describe rocks showing themselves above the ground or mineral seams unearthed in a mine. These are ancient words: the verb crop goes back to Old English and beyond; it means to grow or swell. Today we still use the archaic form of the verb in to crop up, meaning to emerge and to crop out, in speaking of rocks. To the miners, an active process of growth and emergence, even a vital force, was implicit in their word outcrop. The early geologists, who wrote for polite audiences, made a point of noting that cropping out and outcrops were miners slang, not educated English. Miners have always been superstitious people with magical beliefs, and the notion of rocks growing was a clear sign that they saw the underground as an active, living place. Geologists were bent on avoiding all taint of the supernatural, even in their figurative language. But the terminology stuck, and as geology became popular in the mid-1800s outcrop soon entered the everyday language as a noun and, inevitably, a verb derived from it (along with outcropping, a noun derived from that derived verb). Careful users of geological terminology retain crop out as the verb and outcrop as the noun deriving from it: we say, Rocks crop out in outcrops. But even the professional literature has many instances of outcrop used as a verb, and outcropping has a place today when the point is to be decidedly casual. Rock Exposures Exposure is a noun based on the verb expose, to reveal or uncover, which has its origin in Latin and came to us through French. Its root meaning in Latin is to bring forth. We still feel this sense when we speak of a rock exposure in a roadcut or quarry face or building foundation, where the bedrock is actively brought forth by human activity. We have a strong sense as geologists that bedrock forms deep underground. Thus wherever bedrock appears at the Earths surface, something must have removed an overburden to reveal it. The rock just lay there the whole time. Whether it was erosion or bulldozers that did the removing, a passive process of unroofing or exhumation is implicit in the word exposure. Niceties and Ironies Whether a body of rock looks like it grew out of the ground (outcrop) or was uncovered (exposure) would seem to make no difference and many geologists make no distinction but we think the two terms have subtle connotations. Outcrops are natural, but exposures need not be. An outcrop should have a rounded, organic look while an exposure should be more chiseled. An outcrop should protrude whereas an exposure may be flat or concave. An outcrop offers itself; exposure grudges being opened to inspection. Exposures reveal petrology; outcrops show personality. But the miners in their centuries of observation and lore intuited something true: ore veins and granite dikes are clearly invaders of the older rocks they occupy. These things did rise and swell upward from below; their shape implies their process they do grow. Cropping was just the right word. Geologists recognized this too, but unlike the miners, they came to understand that the activity happened and ended an unimaginably long time ago. The miners beliefs in subterranean actions and agents their imps and pixies and tricksters arise naturally from human psychology in the underground setting. We also have a large class of rocks and lavas that do in fact grow on the Earths surface. Lava emerges from the Earth and lies there naked, shaped by its own energies. Are lavas outcrops or exposures? The geologist calls them neither, preferring the more specific words flow, bed, pillow. If pressed, the geologist might well choose exposure as the more neutral term. Lava formations dont have the look of something coming out from under the soil; instead, the soil gradually grows upon them. So perhaps there is a case to make that outcrops refer only to formerly buried bedrock (which would imply that lava is not bedrock). As erosion exposes and gently sculpts the rocks, their details emerge on their skin: variations in hardness and texture, fractures and joints, weathering pits and resistant strata. The outcrops take on character. The irony is that the body of rock that looks most organic and alive is, in fact, the most passive.

Outcrops versus Exposures, an Essay

The terms geologists use to describe bedrock thats available for the hammer are two: exposures and outcrops. Exposure covers all cases, whereas outcrop is used for an exposure that is natural. The faces sculpted on Mount Rushmore are exposures, but Mount Rushmore itself is an outcrop. The subtler shades of meaning of these two words reflect their deepest roots. Rock Outcrops The first people to call themselves geologists, about 200 years ago, visited mines and talked to lots of miners. In England, the miners used the words cropping or cropping out to describe rocks showing themselves above the ground or mineral seams unearthed in a mine. These are ancient words: the verb crop goes back to Old English and beyond; it means to grow or swell. Today we still use the archaic form of the verb in to crop up, meaning to emerge and to crop out, in speaking of rocks. To the miners, an active process of growth and emergence, even a vital force, was implicit in their word outcrop. The early geologists, who wrote for polite audiences, made a point of noting that cropping out and outcrops were miners slang, not educated English. Miners have always been superstitious people with magical beliefs, and the notion of rocks growing was a clear sign that they saw the underground as an active, living place. Geologists were bent on avoiding all taint of the supernatural, even in their figurative language. But the terminology stuck, and as geology became popular in the mid-1800s outcrop soon entered the everyday language as a noun and, inevitably, a verb derived from it (along with outcropping, a noun derived from that derived verb). Careful users of geological terminology retain crop out as the verb and outcrop as the noun deriving from it: we say, Rocks crop out in outcrops. But even the professional literature has many instances of outcrop used as a verb, and outcropping has a place today when the point is to be decidedly casual. Rock Exposures Exposure is a noun based on the verb expose, to reveal or uncover, which has its origin in Latin and came to us through French. Its root meaning in Latin is to bring forth. We still feel this sense when we speak of a rock exposure in a roadcut or quarry face or building foundation, where the bedrock is actively brought forth by human activity. We have a strong sense as geologists that bedrock forms deep underground. Thus wherever bedrock appears at the Earths surface, something must have removed an overburden to reveal it. The rock just lay there the whole time. Whether it was erosion or bulldozers that did the removing, a passive process of unroofing or exhumation is implicit in the word exposure. Niceties and Ironies Whether a body of rock looks like it grew out of the ground (outcrop) or was uncovered (exposure) would seem to make no difference and many geologists make no distinction but we think the two terms have subtle connotations. Outcrops are natural, but exposures need not be. An outcrop should have a rounded, organic look while an exposure should be more chiseled. An outcrop should protrude whereas an exposure may be flat or concave. An outcrop offers itself; exposure grudges being opened to inspection. Exposures reveal petrology; outcrops show personality. But the miners in their centuries of observation and lore intuited something true: ore veins and granite dikes are clearly invaders of the older rocks they occupy. These things did rise and swell upward from below; their shape implies their process they do grow. Cropping was just the right word. Geologists recognized this too, but unlike the miners, they came to understand that the activity happened and ended an unimaginably long time ago. The miners beliefs in subterranean actions and agents their imps and pixies and tricksters arise naturally from human psychology in the underground setting. We also have a large class of rocks and lavas that do in fact grow on the Earths surface. Lava emerges from the Earth and lies there naked, shaped by its own energies. Are lavas outcrops or exposures? The geologist calls them neither, preferring the more specific words flow, bed, pillow. If pressed, the geologist might well choose exposure as the more neutral term. Lava formations dont have the look of something coming out from under the soil; instead, the soil gradually grows upon them. So perhaps there is a case to make that outcrops refer only to formerly buried bedrock (which would imply that lava is not bedrock). As erosion exposes and gently sculpts the rocks, their details emerge on their skin: variations in hardness and texture, fractures and joints, weathering pits and resistant strata. The outcrops take on character. The irony is that the body of rock that looks most organic and alive is, in fact, the most passive.

Outcrops versus Exposures, an Essay

The terms geologists use to describe bedrock thats available for the hammer are two: exposures and outcrops. Exposure covers all cases, whereas outcrop is used for an exposure that is natural. The faces sculpted on Mount Rushmore are exposures, but Mount Rushmore itself is an outcrop. The subtler shades of meaning of these two words reflect their deepest roots. Rock Outcrops The first people to call themselves geologists, about 200 years ago, visited mines and talked to lots of miners. In England, the miners used the words cropping or cropping out to describe rocks showing themselves above the ground or mineral seams unearthed in a mine. These are ancient words: the verb crop goes back to Old English and beyond; it means to grow or swell. Today we still use the archaic form of the verb in to crop up, meaning to emerge and to crop out, in speaking of rocks. To the miners, an active process of growth and emergence, even a vital force, was implicit in their word outcrop. The early geologists, who wrote for polite audiences, made a point of noting that cropping out and outcrops were miners slang, not educated English. Miners have always been superstitious people with magical beliefs, and the notion of rocks growing was a clear sign that they saw the underground as an active, living place. Geologists were bent on avoiding all taint of the supernatural, even in their figurative language. But the terminology stuck, and as geology became popular in the mid-1800s outcrop soon entered the everyday language as a noun and, inevitably, a verb derived from it (along with outcropping, a noun derived from that derived verb). Careful users of geological terminology retain crop out as the verb and outcrop as the noun deriving from it: we say, Rocks crop out in outcrops. But even the professional literature has many instances of outcrop used as a verb, and outcropping has a place today when the point is to be decidedly casual. Rock Exposures Exposure is a noun based on the verb expose, to reveal or uncover, which has its origin in Latin and came to us through French. Its root meaning in Latin is to bring forth. We still feel this sense when we speak of a rock exposure in a roadcut or quarry face or building foundation, where the bedrock is actively brought forth by human activity. We have a strong sense as geologists that bedrock forms deep underground. Thus wherever bedrock appears at the Earths surface, something must have removed an overburden to reveal it. The rock just lay there the whole time. Whether it was erosion or bulldozers that did the removing, a passive process of unroofing or exhumation is implicit in the word exposure. Niceties and Ironies Whether a body of rock looks like it grew out of the ground (outcrop) or was uncovered (exposure) would seem to make no difference and many geologists make no distinction but we think the two terms have subtle connotations. Outcrops are natural, but exposures need not be. An outcrop should have a rounded, organic look while an exposure should be more chiseled. An outcrop should protrude whereas an exposure may be flat or concave. An outcrop offers itself; exposure grudges being opened to inspection. Exposures reveal petrology; outcrops show personality. But the miners in their centuries of observation and lore intuited something true: ore veins and granite dikes are clearly invaders of the older rocks they occupy. These things did rise and swell upward from below; their shape implies their process they do grow. Cropping was just the right word. Geologists recognized this too, but unlike the miners, they came to understand that the activity happened and ended an unimaginably long time ago. The miners beliefs in subterranean actions and agents their imps and pixies and tricksters arise naturally from human psychology in the underground setting. We also have a large class of rocks and lavas that do in fact grow on the Earths surface. Lava emerges from the Earth and lies there naked, shaped by its own energies. Are lavas outcrops or exposures? The geologist calls them neither, preferring the more specific words flow, bed, pillow. If pressed, the geologist might well choose exposure as the more neutral term. Lava formations dont have the look of something coming out from under the soil; instead, the soil gradually grows upon them. So perhaps there is a case to make that outcrops refer only to formerly buried bedrock (which would imply that lava is not bedrock). As erosion exposes and gently sculpts the rocks, their details emerge on their skin: variations in hardness and texture, fractures and joints, weathering pits and resistant strata. The outcrops take on character. The irony is that the body of rock that looks most organic and alive is, in fact, the most passive.

Outcrops versus Exposures, an Essay

The terms geologists use to describe bedrock thats available for the hammer are two: exposures and outcrops. Exposure covers all cases, whereas outcrop is used for an exposure that is natural. The faces sculpted on Mount Rushmore are exposures, but Mount Rushmore itself is an outcrop. The subtler shades of meaning of these two words reflect their deepest roots. Rock Outcrops The first people to call themselves geologists, about 200 years ago, visited mines and talked to lots of miners. In England, the miners used the words cropping or cropping out to describe rocks showing themselves above the ground or mineral seams unearthed in a mine. These are ancient words: the verb crop goes back to Old English and beyond; it means to grow or swell. Today we still use the archaic form of the verb in to crop up, meaning to emerge and to crop out, in speaking of rocks. To the miners, an active process of growth and emergence, even a vital force, was implicit in their word outcrop. The early geologists, who wrote for polite audiences, made a point of noting that cropping out and outcrops were miners slang, not educated English. Miners have always been superstitious people with magical beliefs, and the notion of rocks growing was a clear sign that they saw the underground as an active, living place. Geologists were bent on avoiding all taint of the supernatural, even in their figurative language. But the terminology stuck, and as geology became popular in the mid-1800s outcrop soon entered the everyday language as a noun and, inevitably, a verb derived from it (along with outcropping, a noun derived from that derived verb). Careful users of geological terminology retain crop out as the verb and outcrop as the noun deriving from it: we say, Rocks crop out in outcrops. But even the professional literature has many instances of outcrop used as a verb, and outcropping has a place today when the point is to be decidedly casual. Rock Exposures Exposure is a noun based on the verb expose, to reveal or uncover, which has its origin in Latin and came to us through French. Its root meaning in Latin is to bring forth. We still feel this sense when we speak of a rock exposure in a roadcut or quarry face or building foundation, where the bedrock is actively brought forth by human activity. We have a strong sense as geologists that bedrock forms deep underground. Thus wherever bedrock appears at the Earths surface, something must have removed an overburden to reveal it. The rock just lay there the whole time. Whether it was erosion or bulldozers that did the removing, a passive process of unroofing or exhumation is implicit in the word exposure. Niceties and Ironies Whether a body of rock looks like it grew out of the ground (outcrop) or was uncovered (exposure) would seem to make no difference and many geologists make no distinction but we think the two terms have subtle connotations. Outcrops are natural, but exposures need not be. An outcrop should have a rounded, organic look while an exposure should be more chiseled. An outcrop should protrude whereas an exposure may be flat or concave. An outcrop offers itself; exposure grudges being opened to inspection. Exposures reveal petrology; outcrops show personality. But the miners in their centuries of observation and lore intuited something true: ore veins and granite dikes are clearly invaders of the older rocks they occupy. These things did rise and swell upward from below; their shape implies their process they do grow. Cropping was just the right word. Geologists recognized this too, but unlike the miners, they came to understand that the activity happened and ended an unimaginably long time ago. The miners beliefs in subterranean actions and agents their imps and pixies and tricksters arise naturally from human psychology in the underground setting. We also have a large class of rocks and lavas that do in fact grow on the Earths surface. Lava emerges from the Earth and lies there naked, shaped by its own energies. Are lavas outcrops or exposures? The geologist calls them neither, preferring the more specific words flow, bed, pillow. If pressed, the geologist might well choose exposure as the more neutral term. Lava formations dont have the look of something coming out from under the soil; instead, the soil gradually grows upon them. So perhaps there is a case to make that outcrops refer only to formerly buried bedrock (which would imply that lava is not bedrock). As erosion exposes and gently sculpts the rocks, their details emerge on their skin: variations in hardness and texture, fractures and joints, weathering pits and resistant strata. The outcrops take on character. The irony is that the body of rock that looks most organic and alive is, in fact, the most passive.

The Greatest Thinker Of The 20th Century - 1655 Words

Einstein Albert Abraham Einstein. It is a name we all know, the name of, perhaps, the greatest thinker of the 20th century. He revolutionized the world with his thinking, not just in physics, but also in philosophy, ethics, and religion. In 2000, he was named Time Magazine’s â€Å"Person of the Century†. That alone can tell you how much Einstein affected the way one sees the world. He changed the world so much, that his formulas and hypotheses are held as the foundation for modern science. Every great scientist has a backstory. A tale of how he or she was brought up or raised and the hardships they faced to get where they needed to go. Albert Einstein was born in Ulm, Germany on March 14th in 1879. His parents were from ordinary. Hermann and†¦show more content†¦It was this quality that helped him become a great scientist. When Einstein was five, he became fascinated by his father s pocket compass, intrigued by invisible forces that cause the needle always to point north. Later in life, Einstein will look back at this moment as the genesis of his interest in science. Growing up, young Albert took music lessons, playing both violin and piano; stoking a passion for music that he maintained throughout his life. He once said that had he not been a scientist, he would have been a musician. â€Å"Life without playing music is inconceivable for me,† he declared. â€Å"I live my daydreams in music. I see my life in terms of music†¦I get most joy in life o ut of music.† Einstein’s mother, Pauline, was a talented pianist who brought music to life in the family home. Albert began to learn the violin at the age of six, while his family was still living in Munich. His violin remained his constant companion. Just before his 17th birthday Albert played at a music examination in the cantonal school. The inspector reported that â€Å"a student called Einstein shone in a deeply felt performance of an adagio from one of the Beethoven sonatas†. In addition to his skill on the violin, he also played the piano, though he was not as talented or as fascinated with it as he was the violin. Albert had a little bit of a rough life. The Einstein family moved from Germany to Italy in search of better work because they were struggling financially. Albert, aged

10 Interesting Facts About DNA

DNA or deoxyribonucleic acid codes for your genetic make-up. There are lots of facts about DNA, but here are 10 that are particularly interesting, important, or fun. Key Takeaways: DNA Facts DNA is the acronym for deoxyribonucleic acid.DNA and RNA are the two types of nucleic acids the code for genetic information.DNA is a double-helix molecule built from four nucleotides: adenine (A), thymine (T), guanine (G), and cytosine (C). Even though it codes for all the information that makes up an organism, DNA is built using only four building blocks, the nucleotides adenine, guanine, thymine, and cytosine.Every human being shares 99% of their DNA with every other human.If you put all the DNA molecules in your body end to end, the DNA would reach from the Earth to the Sun and back over 600 times (100 trillion times six feet divided by 92 million miles).A parent and child share 99.5% of the same DNA.You have 98% of your DNA in common with a chimpanzee.If you could type 60 words per minute, eight hours a day, it would take approximately 50 years to type the human genome.DNA is a fragile molecule. About a thousand times a day, something happens to it to cause errors. This could include errors during transcription, damage from ultraviolet light, or any of a host of other activities. There are many repair mechanisms, but some damage isnt repaired. This means you carry mutations! Some of the mutations cause no harm, a fe w are helpful, while others can cause diseases, such as cancer. A new technology called CRISPR could allow us to edit genomes, which might lead us to the cure of such mutations as cancer,  Alzheimers  and, theoretically, any disease with a genetic component.Scientists at Cambridge University believe humans have DNA in common with the mud worm and that it is the closest invertebrate genetic relative to us. In other words, you have more in common, genetically speaking, with a mud worm than you do with a spider or octopus or cockroach.Humans and cabbage share about 40-50% common DNA.Friedrich Miescher discovered DNA in 1869, although scientists did not understand DNA was the genetic material in cells until 1943. Prior to that time, it was widely believed that proteins stored genetic information.

Historiography of the Reconstruction Era - 2240 Words

Riham Elshazli Professor Clement Price Civil War and the Reconstruction 12/11/12 Historiography of the Reconstruction Era At a time when America was trying to piece itself back together, the Reconstruction Era is one of the most important chapters in history. It is also, however, one of the most debated. After the Civil War, the South was devastated and thousands of freed slaves needed to be integrated into society. When Andrew Johnson took office, he was moderate in his views as to what should happen to restore order to the United States. However, some Republicans had other plans in mind. They wanted to impose harsher terms and used Congress to do so, justly giving them the name Radical Republicans. Opinions about this time period have†¦show more content†¦Dunning’s work popularized derogatory terms such as â€Å"carpetbagger† and â€Å"scalawag.† Soon, his academic view of Reconstruction became the widespread view held by everyone around the country as movies such as Birth of a Nation and Gone with the Wind became popular. These mo vies portrayed Reconstruction as an era of tragic exploitation of the South by the North. They depicted blacks as being ignorant and pathetic savages, upholding the picture that Dunning first painted. In short, Dunning’s theory had a massive impact on the way the average citizen viewed black people and offered an excuse to continue to deny them their rights for years to come. It wasn’t until the 1930s when some historians, such as Vann C. Woodward, began to significantly challenge Dunning’s traditional view of Reconstruction. During 1910, there an attempt by W.E.B. Du Bois to counter his opinion but the attempt did not hold. In Black Reconstruction in America, Du Bois argues that the corruption spoken about was highly exaggerated and that Dunning overlooked many of Reconstruction’s achievements. Historians disregarded what Du Bois had to say because his use of the Marxist theory and because he was seen as a radical at the time. It was not until 20 years later when other historians, known as revisionists, began to echo Du Bois’ arguments. While these revisionists still saw Reconstruction as a failure, they disagreed with DunningShow MoreRelatedThe Main Objective Of A Historiography Paper Is To Research1459 Words   |  6 PagesThe main objective of a historiography paper is to research and define the distinct evolution of a his torical viewpoint on a certain event or subject matter. Historical perceptions of the Ku Klux Klan as an organization have been greatly modified over time. 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Case Analysis V. Valeo - 817 Words

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Voting discrimination still happens in the united states. 42. Does voter fraud happen often? Pg. 126 Voter fraud happens but it is rare. If it happens, like Trump in this year’s election said it did, they would show it on social media. 43. Unilateralism vs. Multilateralism: Pg. 375 All the presidents since Harry Truman proclaimed the value of participating in multilateralism, which is a intergovernmental organization to develop and implement common economic, political, and military policies. George BushShow MoreRelatedEssay about Campaign Finance Reform2666 Words   |  11 Pagesdeveloped extensively in the past forty years, as the courts have attempted to create federal elections that best sustain the ideals of a representative democracy. In the most recent Supreme Court decision concerning campaign finance, Citizens United v. 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In order to understand how the Supreme Court justifiedRead MoreEquilibrium Without Intervention : America And The Free Market System2296 Words   |  10 PagesMarket System †¦Ã¢â‚¬ ¦Ã ¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦.3 o Problem with American Economy †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.....4 †¢ Government Intervention †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦....5 o 2008 Bailouts †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦6 o Large Corporations †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..7 †¢ Analysis †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.....8 †¢ Conclusion †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..10 †¢ Bibliography †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦11 Equilibrium without Intervention America is believed to have a Free Market Economic System which other countriesRead MoreMudslinging s Dampening Effect On American Democracy Essay1428 Words   |  6 PagesSharvil Patel Mrs. Haga Humanities 9 November 2016 Mudslinging’s Dampening Effect on American Democracy The 2010 Supreme Court case, Citizens United v. 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Law Commercial Law Assignment

Questions: Scenario: On 3 July 2014 Max Speed, who conducts a second-hand car business, purchased undera written signed contract an inventory of luxury used second hand cars. The carscomprised twelve Audi A7s purchased from Euro Prestige Pty Ltd (Euro Prestige). Thecontract contained a sellers retention of title (ROT) clause whereby Euro Prestige retainedtitle in the cars until Max made the final payment due under the contract. The total price ofthe inventory was $1.2 million and Max took possession of the cars on the day the contractwas signed. On that same day Euro Prestige duly registered in the Personal PropertySecurities Register its purchase money security interest created by the ROT clause.During September 2014 Max sold six of the Audi A7s to various customers and sixremained in his car yard. All sold cars were to bona fide purchasers, buying at fair marketvalue and without notice of any financial difficulties that Max might be in.In November 2014 a creditors petition made by Maxs bank has led to his bankruptcy. Thedate of bankruptcy is 18 November 2014 and its commencement date is 15 August 2014.His bankruptcy was triggered by Maxs default under his 2007 home mortgage with thebank. The amount Max owes the bank under the loan is much greater than the value of hishome.Under the contract for the Audi A7s Max was also in default and now owes Euro Prestigeover $1.2 million. At the date of bankruptcy the remaining six Audi A7s remained in Maxspossession.Maxs debt to his other creditors is vastly more than the value of his assets. His unsecuredcreditors are owed an amount over $2 million. 1. In the above scenario, explain the position of Maxs six customers who purchased the Audi A7s in September 2014. In particular, are their transactions with Max able to be set aside by the trustee-in-bankruptcy? Can Euro Prestige take possession of their cars without it compensating them? Do they have any remedy? What explains their treatment? 2. In the above scenario, explain how the trustee-in-bankruptcy will deal with the six Audi A7s that have remained in the bankrupts estate. In particular will the cars be available to meet the debt of Maxs bank, Euro Prestiges debt or the debt of the unsecured creditors? What explains that treatment? 3. Explain the background to the Personal Property Securities Act 2009 (Cth) including the reasons why it was considered desirable to have a national registration system for personal property security interests. Answers: 1.For establishing the principle of bona fide purchaser for value without notice, there are three main elements that need to be established. First of all, the purchaser should require the legal title in good faith; secondly, the title should be acquired by the purchaser for value and thirdly, the purchaser should have acquired the title without notice of the presence of private equity. Generally, the purchaser is the person who has actually purchased a fee simple in accordance with the contract of sale (McCormack, 2004). However, it has been held in certain cases that the purchasers include mortgagees as well as the lessees of legal estate (Goodright v Moses (1774) 2 Wm Bl 1019). In this way, the bona fide purchaser principle requires that the purchaser should have given some value. This value can be established in case money or something equivalent has been paid for the transaction. However it is not required that the amount of value that has been given by the purchaser should be th e full value of the property. In such a case, it is sufficient if it constitutes good consideration, although it is not necessary that it should be pecuniary in nature. For example, in R v Registrar of Titles, it was held that the allocation of certain fully paid shares constituted valuable consideration in this regard. At the same time, it also needs to be established that the purchaser had acted in good faith. Generally, good faith overlaps with the doctrine of notice. But it needs to be noted that it is a separate test and is also a much wider concept. In case it is difficult to establish that holder of estate took little notice of private equity real estate, still the priority may be deferred if it can be proven that the ensuing holder has not acted in good faith (Midland Bank Trust Co. Ltd. v Green, 1983). The concept of good faith is an extensive and equitable concept and the basis for it is in the principle of appropriate and reasonable conduct. It includes the assessment of the conduct of the purchaser before as well as on receiving the property (Latimer, 2011). In case it can be established that the transaction was induced fraudulently, morally reprehensible or a sham, generally the holder of property may not be able to establish good faith. On the other hand, the principle of bona fide purchaser has been reiterated in property law legislation in all the States. The personal property securities laws have made sweeping changes, with far-reaching consequences for the parties involved. The changes that have been made to the law regarding security interests that are present in personal property replace various laws of Federal and State by introducing only one law called the PPS Act. According to this legislation, a party having security interest and has the obligation to port the world that notice regarding its interest in order to avoid defeat regarding the sale of property or the loss of interest in case of insolvency or the loss of priority as compared to other secured parties. The 'perfection' of security interest in case of personal property can be achieved by having possession of the property or control over it or by registering the interest as required in the PPS register (Calnan, 2004). While in the past, due diligence involved a search of the database of ASIC in order to find if a third party had registered a charge over the assets of the vendor. However according to the PPS Act, the secured parties register their security interests on the PPS register online by filing financial statement which contains basic information like the identity of the secured parties, if the security interests of subordinate to any other security interest, the end time for registration and a limited description of the property. Earlier the holders of security interests and property were generally protected by ownership under rule that provides that a 'person cannot give what they do not have'. However the new rules related with taking property free of encumbrance have shifted the balance in favor of the purchasers. Generally the purchasers take the assets free of security interests if the interest has not been perfected. Due to the reason that it is always open for the secured party to put the world on notice regarding its security interests by perfecting it, the rationale behind such requirement is that the risk of a purchaser acquiring encumbered property needs to be borne by the secured party instead of the purchaser. It will not be practical for the purchaser to know regarding its security interests if the secured party has not been diligent in protecting its security interest (McCormack, 2004). Therefore it will be essential for the purchaser to make a thorough review of the PPS register if they want to take the sailor sex free of encumbrance. In case no security interests have been registered on the sale assets, the purchaser is required to ascertain if any party, apart from the vendor is in possession of control of the property. The reason is that possession or control by third party may suggest the perfection of a security interest (Loxton, 2011). In the present case, the six customers of Max have purchased the Audi A7s in good faith. However, in the present case it cannot be said that the six customers have purchased the cars without notice of the security interest of Euro Prestige. The reason is that soon after finalizing a contract, Euro Prestige has duly registered its purchase many security interest in the PPS Register. As a result, in the present case, it was the responsibility of the purchasers to inquire if the cars were being sold free of any encumbrance. Therefore in the present case, Euro Prestige can take possession of the cars without compensating the six customers who have purchased the cars from Max. The reason is that the security interest has been duly registered by Euro Prestige in the Personal Property Securities Register and as a result, now it was the responsibility of the purchasers to inquire if any interest was registered on the cars or not. 2.In the present case, the creditor's petition that was made by Max's bank has resulted in his bankruptcy. The reason behind the bankruptcy was default of Max under the 2007 home mortgage with the bank. However in the present case, the trustee-in-bankruptcy has to use the remaining cards for dealing with the debt of Euro Prestige as compared to the debt of Max's bank or the debt of the unsecured creditors. The reason behind this treatment is that Euro Prestige has duly registered its security interest in the PPS Register. At the same time, there was a seller's retention of title clause present in the contract according to which the title in the cars was retained by Euro Prestige until the final payment was made by Max under the contract. Therefore in the present case, the trustee-in-bankruptcy will use the remaining cars to deal with the debt of Euro prestige first of all instead of dealing with the debt of the bank or that of the unsecured creditors (Latimer, 2011). 3.The changes that have been made in the law related with personal property and security interests replace the earlier laws by a law that is known as the Personal Property Securities Act. According to this legislation, a party having a security interest in personal property is required to give notice to the world regarding such interest, and perfect that interest, in order to evade loss in case the property is sold or the loss of interest in case of bankruptcy or losing to other parties that are secured. A security interest can be perfected by possession or control over the property. At the same time, it can also be achieved by registering the interest on the Personal Property Securities Register. In this way, the new legislation has a significant impact on buying and selling of businesses and companies. The earlier law had more than 70 legislations under which the registration and search was based on jurisdiction, the type of collateral and also on the type of security. At the same time, in case of certain interests, they have to be registered on several registers in order to achieve protection while in some cases, there was no register present. On the other hand, a single national register for security interests would allow extensive coverage of these interests in all types of personal property and there will be only a few exceptions. Similarly, single regime of security interests also allows the applicability of clear guidelines for ordering priorities in case of opposing interests in such property, defending security holders against loss or subordination of their interests to the probable purchasers and in the same way, protecting third parties like the purchasers of major assets who do not have any knowledge of existing security interests. It was also believed that the complianc e costs for the lenders can be reduced by providing clear priority rules (McCormack,2002). For example, similar reforms that have been introduced in New Zealand have decreased various loan contract forms from 32 to 2 in case of a major bank. In the same way it allows the bank to process a large number of transactions internally without the need of solicitors. Similarly, the lenders are also expected to profit by the ability which allows them to compare interest rates and fees more accurately with the risk profiles of the borrowers, reduced costs required for evaluating and monitoring the capacity to pay of the borrowers and better certainty regarding which assets can be used to meet the loan in case of a default by the borrower. In the same way as this simplification process reduces the entry barriers to financing business, it is expected that the combination will increase in the financing sector and it may result in more innovation in financing products and at the same time, it wil l reduce the cost of borrowing. In this way, the Personal Property Securities Act replaces more than 70 Federal, State and Territory legislations with a single law that is applicable throughout the nation. It also introduces the national online register which is known as the Personal Property Securities Register and can be used for registering all security interests. On the other hand, the failure to comply with personal property securities law can have severe consequences which include the inability to recover the goods sold by the party or recover the payment for such goods by realizing secured assets. At the same time, the personal property securities regime may also prove to be beneficial for the business as it gives a better chance to enforce security interests and at the same time to recover payments that have been difficult to recover and sometimes even impossible (Gillooly, 1994). In this regard, it needs to be noted that the personal property securities act applies to the security interests in the personal property. The term personal property includes frangible as well as intangible property. As a result, stock, motor vehicles, machinery, plant, raw materials, receivables, intellectual property etc. are included in the term tangible and intangible property. However the term property as used in this legislation does not include land. In the same way, security interests include the retention of title causes, chattel mortgages, fixed/floating charges, consignment agreements, our purchase agreements and some leases of goods. The personal property securities register is an online registered and it allows secured parties and potential secured parties to look for and also to register security interest that are present in personal property. The registration of security interest takes place by uploading a financial statement. Depending on the nature of security interest that is being claimed, generally a financial statement contains information like the details of the secured party, the collateral details, the grantor's details and some registration details. It also needs to be noted that the financial statement is only a notice of the security agreement and it is not the actual arrangement that creates the security interest. Therefore it is still required to have a written contract documentation that underlies the registration. In the same way, the Personal Property Securities Register is not the register of ownership and it is only a notification of the security interests. In case no interest is present ove r an asset, it will not be present on the PPS Register. In this regard, it also needs to be noted that it is not compulsory to register a security interest on the PPS Register. But if the security interests have not been registered, in such a case a party may find that it is not able to enforce its rights against third parties like liquidators/administrators and other people who are competing with the party for a payout. Therefore by 'perfecting' the security interest (we generally takes place by registering on the PPS Register), the security interests of the party has priority over an 'unperfected' security interest or over a general security interest. Similarly it survives the bankruptcy/insolvency of the grantor while the unperfected security interest does not. Similarly, in some cases, the perfected security interest survives the sale of the collateral while the unperfected security interest does not. In the same way, if the party choses, it may also cover the proceeds of sale of the collateral. In this regard is also provides that in case an inventory is being supplied by a party to its customer, in such a case, the party is required to register the retention of title (ROT) before the goods have been delivered to the customer. References Diccon Loxton, 2011, The Australian Personal Property Securities Act, the net closes on quasi-securities, 6 Journal of International Business Law and Finance Gerard McCormack, 2004, Personal Property Security Law Reform in Comparative Perspective Antipodean Insights? Common Law World Review 331(3) 1 March Gerard McCormack, 2004, Secured Credit under English and American Law, Cambridge University Press Gerard McCormack,2002, Personal property security law reform in England and Canada, Journal of Business Law Michael Gillooly, 1994, Securities over Personalty, Published in Sydney Australia, the Federation Press Paul Latimer, 2011, Australian Business Law, CCH Australia Limited Richard Calnan, 2004, The Reform of the Law of Security, Journal of International Business Law and Finance.

Crucible John Procter Analysis Essay Example For Students

Crucible John Procter Analysis Essay John Proctor is a very dynamic character who has an internal conflict between being righteous and falling into temptation. This character is very unique because he changes his personality throughout the story. I like John Proctor because he is a symbol of the common man because most men fall into temptation at one point in their lives. We all try to do well but we are all sinners and we need to learn from our mistakes. I can relate to this character because I to have fallen into temptation but turn to God to guide me and direct me in the right path. John has committed adultery previous to the play. He is a farmer who has a good work ethic. John seems to be full of remorse for his affair with Abigail, his former servant. He has the mentality that he will not commit adultery ever again. A good example of this is when he is speaking to Abigail and says, â€Å"But I will cut my hand before I ever reach for you again. † This shows that John wants to be a righteous man but is living in sin. Proctor starts to change throughout the novel. In the middle of the novel, John starts to realize that to save his wife Elizabeth, he must admit to his adultery to the court. John puts his wife before his shame which shows a lot about his character. He was also willing to go to court to confess that what the girls were doing was all fake acts. Before, he refused to testify in court when Elizabeth asked him. So that is another change we see in John Proctor. He loves his wife and lets go of his past in order to save her. John Proctor changes drastically towards the end of the novel. He actually undergoes two big changes at the end. John is now accused of witchcraft by Marry Warren because she wanted to save herself. Now we have to recall that John had not been attending church and could not remember the 10 commandments, but he was a Christian. He says that Elizabeth would never lie, so Danforth gives John a chance and says that Elizabeth can come and say if John is really telling the truth. Elizabeth goes into court, and Danforth asks her if it is true that Abigail was kicked out of the house for having an affair with John Proctor. Elizabeth lies to save her husband and says that it is a false account. John is then sentenced to jail but he eventually admits to witchcraft even though he did not practice any sort of witchcraft. This is the first major change because we never expect for Proctor to make such a radical change to admit to something like that. Then, Proctor does not want to make that confession publicly so he tears it up and denies practicing witchcraft. We see yet another drastic change for the better this time. I feel that John Proctor has learned from his mistakes. He gets condemned by the judge because of adultery which lead to his tragic death. We clearly see that John struggles with the adultery he committed, but he has good intentions. He cares a lot about his wife and he is willing to be faithful and not fall into temptation with Abigail. If John Proctor was to live, I think he would raise his kids to be loyal, and he would help them to become righteous young men. He would also not have any type of communication with Abigail because he values his wife a lot more than in the beginning of the novel. I feel that John is an ordinary human being who falls into temptation as many of us do. I learned that you have to ask God to guide you through your every day life so those temptations can go away.