Managing Business Relationships Laws Case Study

Managing Business Relationships Laws - Case Study Example John never said anything signifying a retraction of that offer and neither party made a counter-offer because Lee accepted the terms. John knowingly withheld the change in terms he was aware of because he knew Lee would not accept those terms. This sort of knowing deception can often void a contract. Because there is nothing in writing stating that Computerlink would provide support service 24 hour 7 days a week, it will be difficult for RCL to prove that this oral agreement existed. If Computerlink admits to saying that or if RCL somehow proves they said that, Computerlink will be held legally responsible for their breach of the contract. Dave, a young assistant of the chief technician of Computerlink, is left at RCL to wrap things up and finish the job. It was his responsibility to lock up and set the alarm system before he left, but he failed to do so. This failure to comply with necessary procedures allowed for some rowdy teens to cause an immense amount of damage to the property of RCL. While it may seem that Dave is to be held responsible, the Employment Relations Act of 2000 puts forth that Computerlink is to be held responsible. ... Law: Employment Relations Act 2000 - Employers are responsible for damage caused by their employees as it pertains to their employment. Special damages - compensate for damages that can be measured numerically/monetarily Direct losses - compensation for just the things that were damaged Consequential losses - compensation for loss of profits due to being closed to deal with or fix damages Application: Dave, a young assistant of the chief technician of Computerlink, is left at RCL to wrap things up and finish the job. It was his responsibility to lock up and set the alarm system before he left, but he failed to do so. This failure to comply with necessary procedures allowed for some rowdy teens to cause an immense amount of damage to the property of RCL. While it may seem that Dave is to be held responsible, the Employment Relations Act of 2000 puts forth that Computerlink is to be held responsible. Employers are responsible for any damage that may be caused by their employees while they are on the job. RCL will be able to claim special damages from Computerlink. This will include the direct losses of the cost associated with cleaning and replacing the walls and blinds and possibly also the consequential losses that may be felt if RCL must be closed while those damages are being repaired and thus lose profits. Conclusion: RCL can hold Computerlink legally responsible for the cost of cleaning and replacing the damaged walls and blinds. Section Two - Management - Question 1 After Red's death, new changes for Red Carpet Ltd. (RCL) were discussed and agreed upon by Lee, Mike and Janet. These changes involved new responsibilities for the staff. Lee and Mike utilized different strategies for initiating these changes, and with them came different benefits

Meaning of meme an eipiphiny Essay Example for Free

Meaning of meme an eipiphiny Essay The word mehme means; m-meaning, e-emotional, h-humanistic, m- methodical e- experience. It is a rhyme of ‘meme’. On the other hand, that worked ‘Eipiphiny’ is corrupted from the word ‘epiphany’. Epiphany means (a) ‘a sudden manifestation or perception of the essential nature or meaning of something’ (b) ‘an intuitive grasp of reality through an event usually simple and striking’,’ an illuminating discovery, realization or disclosure’ (c) ‘a revealing scene or moment’ Eipiphiny represents ‘stochastic / mathematical epiphany. ’ Its components are mathematical constants, ‘e’, ‘pi’, ‘phi’ and non- existent number ‘I’ which if not discovered the world today may be non-existant. ‘e’ and ‘I’, represent ‘emotional intelligence’, which is of importance when discussing our mission. (Richard, 1990) The kind of cultural value changes that would be necessary for this evolution of value memes to occur may be having nothing to do with meme. Cultural change is all about being dynamic to meet the changing demands of society. The ability to learn new tricks will enhance cultural change. It will assist us appreciate each others culture and be accommodative of new ideas technological advancement, change of styles and fashion, new economic trends as well. Meme may not be practical in the modern world. A good environment of acquire, ideas is where an individual is not tied down to unimportant procedures but where he is left to pursue what they are motivated to do. To fit in the changing world, it is mandatory to keep abreast with the latest in technology and set realistic and achievable goals or aims. KOZOL’S ‘SAVAGE INEQUALITIES’ The book ‘Savage Inequalities’ was written in 1991 by Kozol Jonathan. The book talks about education gaps between institutions or schools where different classes and races exist. His views are based on observations he made in the system of public schools of Washington D. C. , Camden, Chicago and New York City. These observations were taken in school, which have the lowest spending (per capital) on student and those which have highest spending. Kozol has given some factors, which have contributed to poor education system for instance lack of basic tools for teaching, understaffed environment, congestion and poor sanitation. The worst hit is the minorities who are usually allocated the lowest budgets annually. This is done without considering that the people who live in extreme poverty with school district are taxed highly. Cited in his book, are the cases, which are filed against such poor schools. The districts affected are Jersey City, Camden, Orange and Irvington. The judges no longer adhere to the law of state but instead they side with concerned locals and children. Kozol also compares the present conditions that minorities are supposed to learn in. There are other historical cases that he mentions whereby the results are not just system of funds in terms of taxation and distribution. Another serious problem mentioned in his book is racial segregation in the education system of America. This problem is heightened by the inequalities, which are obvious in the distribution of funds, which are collected via property taxes. Some historical cases are Plessy vs Fergusson and Board of Education vs Brown, Bradley vs. , Miliken and Rodriguez, vs. , San Antonio. The poor education system has been in America for too long and yet only the minorities are affected. The length of time within which these policies have been practiced has made it to become part of their education system,. To some extent, this form of system can be related to ‘meme’. The Oxford English dictionary describes it as a self-replicating element of culture, passed on by imitation’. Going by this definition we can conclude that the poor education system has replicated itself over time and has become part of their culture. JOHATHAH KOZOL Kozol, was born on 5th September 1936 in Massachusetts Boston. He is an educator, a non-fiction writer and activist. He is well known for books on public education in U. S. Kozol graduated in 1954 in Greenough and in 1958 at Harvard University with English Literature degree. Kozol received Rhodes scholarship to join Magdalon College. For some reasons, he could not complete the leadership since he traveled to Paris because he wanted to start writing a novel,. It took Kozol four years writing ‘The Fume of Poppies’, a fiction book. Jonathan has also held 2 Guggenheim Fellowship and has been a Rockefeller foundation Fellow. He has also been involved in social psychology field. Currently he is on the Editorial Board of Greater Good Magazine. Kozol has been very active in propagating for public education that is fully integrated in the U.S He has never ceased to condemn education inequalities and has spoken unrelentingly regarding segregation of Hispanic and black children from children by the white in public schools which are segregated. Jonathan’s argues form an ethical point of view and he makes heavy comparisons between poor schools and rich schools. Particularly, he makes an analysis of the money that is spent on each child. He discovers that per child spending annually is very high, that is, they pay a figure that is slightly above $20,000 every year for every child in a district. His question is whether it is fair that a person’s place of birth should be a determinant on a person’s quality of education. He has shown deep commitment towards improvement of American public schools and has therefore founded and is in charge of a non-profit Education Action. His group is devoted to organize teachers all over the country who may be interested to push back Supreme Court decisions against NCLB, and assist in making an excellent, single and unified system in all public schools in America. (Jonathan, 1992). Dawkins has used ‘meme’ to signify a cultural entity, for example an idea, a song or religion that can be considered as a replicator by an observer. In his hypothesis, he indicated that it was possible for people to look at numerous cultural entities as copiers or replicators. They generally make copies via exposure to human beings, who evolved efficiently though not perfectly in terms of behaviour and information. It is not common for memes to be perfectly copied. They might become combined, refined or modified with different ideas, which results to other new memes. The new memes may prove to be efficient in replicating than those that preceded them. This provides a framework for cultural evolution hypothesis, which is analogous to biological evolution of genes. CRITICISMS OF DAWKINS THEORY (SOCIOCULTURAL) The contemporarily sociocultural evolution has rejected a big part of ‘classical social evolution’. This is due to a number of theoretical setbacks. Firstly, the theory was believed to be ethnocentric (makes heavy judgments on various societies, and favours western civilization. Secondly it made a general assumption that all cultures must have same goals and must also progress the same way. Thirdly his theory-equated materials culture for example, cities and technologies with civilization. Fourthly, it also equated fitness/progress with evolution. This was based on gross misunderstanding of theory evolution. Lastly, the evidence produced contradicts the theory. Many primitive societies are believed to be more democratic, peaceful and equitable as compared to many contemporary societies. They are also regarded as healthier in terms of ecology and diet. The social evolution is classified as a science theory. It has been used to give support to unjust social practices believed to be racist especially slavery, colonialism and unbalanced conditions of economy which are present in the industrialized Europe. Darwinism social theory is very much criticized since it was responsible for some philosophies, which were used by Nazis. (Jonathan, 1992). EFFECTS OF EVOLUTIONARY THEORY The thought of evolution has brought about considerable social effects. With the development of scientific theories, most explanations have displaced some alternatives, which have been widely held. Since evolution theory includes explanations of origins of humanity, it has great impact on the societies of humans. (Jobson, 1998) Evolution of culture has punctuated equilibrium, which was developed by Gould and Eldredge for evolution that is biological. According to Bloomfield, most human societies have equilibrium, which is punctuated. This would first mean a society, which is stable and a transition, which results to a stable society that is more complex. The human society status is pegged on food production productivity. Deevey reported that food productivity does not change much of stable societies but it increases during transitions. CONCLUSION Some scholars have harshly criticized Dawkin’s theory of ‘selfish Genes’. His theory is being described as absurd and it is even more difficult for a person to know where to begin criticizing his concept. The idea that the idea of selfish gene is discredited however is foolish, since his concept has received a lot of acknowledgement on its anniversary 30 years after its publication. We might be hoping too much that a person has the ability to come up with an argument touching on our lives or say something that proves he has an understanding of the framework of the selfish gene. We can only take his explanation for it. Rmj, brought forward some arguments against The Selfish Gene. He argues that Dawkins lacks understanding of religion, philosophy of religion and theology. In his book, Dawkins does not refer to any religion philosopher. This generally shows his deliberate ignorance of his topic. Other people have strongly supported the ‘selfish gene theory’. An Indian Bay states that we basically are selfish. We would not survive if we were not selfish. It is selfishness that gives us the desire to survive. The truth is genes could be selfish but human beings have gradually evolved to become social. Currently, Darwinian’s view incorporates an understanding and states cooperation are part and parcel of the genetic heritage. REFERENCES Jonathan, K (1992) Savage Inequalities: Children in America’s schools, Harper Perennial Library, US. Jonathan, K (1982) Alternative schools: A guide for Educators and parents, Harper Perennial Library, U. S. Jobson, C (1998) Our Genes Excel Publishers, Canada. Richard, D(1990) The selfish Gene, 2nd ed. Oxford University Press. US.

The Politics of Minimum Wage Essay -- Political Science Research Paper

The federally mandated minimum wage has been a divisive political issue in American politics since it first came into effect in 1938 under the Presidency of Franklin D. Roosevelt. FDR advocated for the minimum wage with the argument that â€Å"all but the hopelessly reactionary will agree that to conserve our primary resources of manpower, government must have some control over maximum hours, minimum wages, the evil of child labor, and the exploitation of unorganized labor† (Greene 2013). This idea led to the passage of the first minimum wage law in American history, twenty five cents an hour (Greene 2013). Prior to the passage of this law, several state minimum wage laws had been struck down as an unconstitutional prohibition of workers’ rights to set the price for their own labor. However, in 1941, the Supreme Court case U.S v Darby Lumber Co upheld the federal minimum wage, overturning the precedent it had set for state level minimum wages. The Court dismissed the ar gument that Darby Lumber did not engage in interstate commerce based on the commerce clause and stated that Congress had the constitutional right to regulate interstate commerce, along with intrastate commerce that directly affected interstate commerce (U.S v Darby Lumber Co.1941). Justice Stone, writing for the majority stated that Congress â€Å"May chose the means reasonably adapted to the attainment of the permitted end (the minimum wage) even though they involve the control of intrastate activities. Such legislation has often been sustained with respect to powers other than the commerce power granted to the national government, when the means chosen, although not themselves within the granted power, were nevertheless deemed appropriate aids to the accomplishment of some... ...mieson, Dave. â€Å"Obama State of the Union Address: President Calls for raising the Minimum Wage,† Huffington Post. 13 February 2013. Armstrong, Ari â€Å"Minimum Wage Laws: Economically Harmful Because Immoral,† The Objective Standard. 7 March 2013. â€Å"Tipped Workers: Information† Raisetheminimumwage.com. U.S Department of Labor, â€Å"Bureau of Labor Unemployment Statistics: October 2013,† DOL.gov. U.S Department of Labor, â€Å"Minimum Wage by State,† DOL.gov. Worstall, Tim, â€Å"The Absurdity of a $15 Minimum Wage,† Forbes. 1 September 2013. Hanauer, Nick. â€Å"The Capitalist Case for a $15 minimum wage† Bloomberg News. 19 June 2013. Dreier, Peter. â€Å"Raising the Minimum Wage is good for Business (but the corporate lobby doesn’t think so,† Huffington Post. 23 February 2013. Internal Revenue Service, â€Å"EITC 2012.† Other source authors are directly stated in text. The Politics of Minimum Wage Essay -- Political Science Research Paper The federally mandated minimum wage has been a divisive political issue in American politics since it first came into effect in 1938 under the Presidency of Franklin D. Roosevelt. FDR advocated for the minimum wage with the argument that â€Å"all but the hopelessly reactionary will agree that to conserve our primary resources of manpower, government must have some control over maximum hours, minimum wages, the evil of child labor, and the exploitation of unorganized labor† (Greene 2013). This idea led to the passage of the first minimum wage law in American history, twenty five cents an hour (Greene 2013). Prior to the passage of this law, several state minimum wage laws had been struck down as an unconstitutional prohibition of workers’ rights to set the price for their own labor. However, in 1941, the Supreme Court case U.S v Darby Lumber Co upheld the federal minimum wage, overturning the precedent it had set for state level minimum wages. The Court dismissed the ar gument that Darby Lumber did not engage in interstate commerce based on the commerce clause and stated that Congress had the constitutional right to regulate interstate commerce, along with intrastate commerce that directly affected interstate commerce (U.S v Darby Lumber Co.1941). Justice Stone, writing for the majority stated that Congress â€Å"May chose the means reasonably adapted to the attainment of the permitted end (the minimum wage) even though they involve the control of intrastate activities. Such legislation has often been sustained with respect to powers other than the commerce power granted to the national government, when the means chosen, although not themselves within the granted power, were nevertheless deemed appropriate aids to the accomplishment of some... ...mieson, Dave. â€Å"Obama State of the Union Address: President Calls for raising the Minimum Wage,† Huffington Post. 13 February 2013. Armstrong, Ari â€Å"Minimum Wage Laws: Economically Harmful Because Immoral,† The Objective Standard. 7 March 2013. â€Å"Tipped Workers: Information† Raisetheminimumwage.com. U.S Department of Labor, â€Å"Bureau of Labor Unemployment Statistics: October 2013,† DOL.gov. U.S Department of Labor, â€Å"Minimum Wage by State,† DOL.gov. Worstall, Tim, â€Å"The Absurdity of a $15 Minimum Wage,† Forbes. 1 September 2013. Hanauer, Nick. â€Å"The Capitalist Case for a $15 minimum wage† Bloomberg News. 19 June 2013. Dreier, Peter. â€Å"Raising the Minimum Wage is good for Business (but the corporate lobby doesn’t think so,† Huffington Post. 23 February 2013. Internal Revenue Service, â€Å"EITC 2012.† Other source authors are directly stated in text.

A CLOCKWORK ORANGE :: essays research papers

Many of us like to think that humanity as a whole is progressing to a better future where we will live united and in peace with one another, a time of a more enlightened society. But there are those among us that do not share these beliefs. In A Clockwork Orange, by Anthony Burgess, the futuristic world is displayed as a world turned upside down and in shambles. This 1962 classic is a frightful depiction of what our society could become and possibly what it already is. Drugs almost seem to be legal and unregulated and subsequently are widely used. The prison system is overcrowded with young punk criminals who are inherently evil with no regard for humanity, or any part of society for that matter. The youth takes over the streets at night and beat anyone they encounter. The elderly sit around in bars and drink the remainder of their lives away. The people have become desensitized to violence, because it is so prevalent in their lives. A Clockwork Orange is a very intriguing story tha t deals with many social problems, not offering a solution, but pointing out obstacles in the way of the creation of a more perfect society. A Clockwork Orange is written in the first person by the main character, Alex. This makes the story more personable by allowing the reader to see into the mind of Alex as he goes through the many changes that he does. Three of his friends or droogs that help him in his crimes are Dim, Pete, and Georgie. Throughout the story the author creates his own language called nadsat, which is used by the youth of the futuristic world and is at the height of fashion. Nadsat is a mix of Russian, English, and the slang words of both. It is meant to set the violence apart from reality, making it almost cartoon like. The story begins at the start of a wild and violent night with Alex and his friends sitting in a diner. To start off a typical night they encounter an old man walking the streets, so they harass and hit him. But this is not just any ordinary harassing episode but more of a complete and utter pounding. They beat the defenseless man until he is all bloody and disoriented. They then send him on his way, half naked and crawling home, later that night they saw an old drunken man sitting on the ground and they decided to beat him until he was delirious.

Civil 1 Review Syllabus

  Now they are lumped together as ‘illegitimate. ’ Thus, spurious children are given rights. 2. Different solutions to old problems †¢ Example: Change in river course 3. Clarification of old provisions †¢ Example: Under the old Civil Code, there were only void and voidable contracts. With the addition of unenforceable and rescissible contracts, the NCC provides clarification 4. Certain subjects omitted †¢ Examples: The dowry has been omitted; certain leases have also been omitted. The NCC is far from perfect. There are structural defects.Certain things which should be in the preliminary section are found elsewhere. An example of this is the vices of consent. Why are they found in contracts? They are relevant in all juridical transactions. Another example is the topic of degrees of relationship. This is found only in succession. Degrees of relationship are relevant in other books too. Finally, why is tradition found in the law on sales? Tradition is not o nly important in sales. Rather, tradition is a mode of acquiring ownership. PRELIMINARY TITLE I. Effect and Application of Laws Art. 1.This Act shall be known as the â€Å"Civil Code of the Philippines. † Art. 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. †¢ ‘This code shall take effect 1 year after such publication. ’ The SC in the case of Lara vs. Del Rosario that the one year should be counted from the date of actual release and not the date of issue. †¢ Executive Order No. 200 supersedes Article 2 regarding the time of effectivity of laws. EXECUTIVE ORDER NO. 00 PROVIDING FOR THE PUBLICATION OF LAWS EITHER IN THE OFFICIAL GAZETTE OR IN A NEWSPAPER OF GENERAL CIRCULATION IN THE PHILIPPINES AS A REQUIREMENT FOR THEIR EFFECTIVITY WHEREAS, Article 2 of the Civil Code partly provides that â₠¬Å"laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided . . . †; WHEREAS, the requirement that for laws to be effective only a publication thereof in the Official Gazette will suffice has entailed some problems, a point recognized by the Supreme Court in Tanada, et al. vs. Tuvera, et al. (G. R. No. 3915, December 29, 1986) when it observed that â€Å"[t]here is much to be said of the view that the publication need not be made in the Official Gazette, considering its erratic release and limited readership†; WHEREAS, it was likewise observed that â€Å"[u]ndoubtedly, newspapers of general circulation could better perform the function of communicating the laws to the people as such periodicals are more easily available, have a wider readership, and come out regularly†; and WHEREAS, in view of the foregoing premises Article 2 of the Civil Code should accordingly be amended so the laws to be effective must be published either in the Official Gazette or in a newspaper of general circulation in the country; NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order: Sec. 1.Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise provided. Sec. 2. Article 2 of Republic Act No. 386, otherwise known as the â€Å"Civil Code of the Philippines,† and all other laws inconsistent with this Executive Order are hereby repealed or modified accordingly. Sec. 3. This Executive Order shall take effect immediately after its publication in the Official Gazette. Done in the City of Manila, this 18th day of June, in the year of Our Lord, nineteen hundred and eighty-seven. †¢ ‘15 days following’ – does this mean on the 15th or 16th day? The law is not clear. †¢ Under Article 2, publication in the Official Gazette was necessary.Now, under E. O. No. 200, publication may either be in the Official Gazette or a newspaper of general publication. †¢ ‘unless otherwise provided’ refers to when the law shall take effect. It does not mean that publication can be dispensed with. Otherwise, that would be a violation of due process. †¢ General Rule: Laws must be published in either the Official Gazette or a newspaper of general circulation. †¢ Exception: The law may provide for another manner of publication. Different manner meaning: 1. Not in Official Gazette or newspaper of general circulation; or Example: Read over the television or the radio (provided that the alternative is reasonable) 2.Change in the period of effectivity †¢ ‘publication’ means making it known; dissemination. It doesn’t have to be in writing. †¢ ‘Change period of effecti vity’ – the gap between publication and effectivity should be reasonable under the circumstances. †¢ Before publication, cannot apply the law whether penal or civil (Pesigan vs. Angeles) Why? How can you be bound if you don’t know the law. †¢ Requirement of publication applies to all laws and is mandatory. Art. 3. Ignorance of the law excuses no one from compliance therewith. †¢ Ignorantia legis neminem excusat (Ignorance of the law excuses no one). †¢ This is a necessary rule for all civilized society.Otherwise it would be impossible to enforce the law. It is very hard to determine whether or not a person really does not know the law. Without this rule, there would be anarchy. The law sacrifices occasional harshness to prevent universal anarchy. †¢ There are potential methods to mitigate the severity of Article 3 – Articles 526 (3), 2155, 1334. * †¢ In Kasilag vs. Rodriguez, the SC said that the possession of the antichretic credit as possession in good faith since a difficult question of law was involved – antichresis. In this case, the parties were not very knowledgeable of the law. †¢ Article 3 applies only to ignorance of Philippine law. It does not apply to foreign law.In Private International Law, foreign law must be proven even if it is applicable. Otherwise, the courts will presume the foreign law to be the same as Philippine law. Art. 4. Laws shall have no retroactive effect, unless the contrary is provided. †¢ Lex de futuro judex de preterito (The law provides for the future, the judge for the past). †¢ Retroactive law – one which creates a new obligation and imposes a new duty or attaches a new disability with respect to transactions or considerations already past. †¢ General Rule: Law must be applied prospectively. †¢ Exceptions: 1. If the statute provides for retroactivity. Exception to the exception: a. Ex post facto laws b. Laws which impair the obl igation of contracts 2.Penal laws insofar as it favors the accused who is not a habitual criminal, even though at the time of the enactment of such law final sentence has already been rendered. 3. Remedial laws as long as it does not affect or change vested rights. 4. When the law creates new substantive rights unless vested rights are impaired. 5. Curative laws (the purpose is to cure defects or imperfections in judicial or administrative proceedings) 6. Interpretative laws 7. Laws which are of emergency nature or are authorized by police power (Santos vs. Alvarez; PNB vs. Office of the President) Art. 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. †¢ A mandatory law is one which prescribes some element as a requirement (i. e. wills must be written – Article 804(; form of donations – Article 749†¢) †¢ A prohibitory law is one which forbids something (i. e. , j oint wills – Article 818() †¢ General Rule: Acts which are contrary to mandatory or prohibited laws are void. †¢ Exceptions: 1. When the law itself authorized its validity (i. e. , lotto, sweepstakes) 2. When the law makes the act only voidable and not void (i. e. , if consent is vitiated, the contract is voidable and not void) 3. When the law makes the act valid but punishes the violator (i. e. , if the marriage is celebrated by someone without legal authority but the parties are in good faith, the marriage is valid but the person who married the parties is liable) 4.When the law makes the act void but recognizes legal effects flowing therefrom (i. e. , Articles 1412 & 1413() Art. 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law. †¢ What one can waive are rights and not obligations. Example, a creditor can waive the loan but the d ebtor may not. †¢ There is no form required for a waiver since a waiver is optional. You can waive by mere inaction, refusing to collect a debt for example is a form of waiver. †¢ Requisites of a valid waiver (Herrera vs. Boromeo) 1. Existence of a right 2. Knowledge of the existence of the right 3.An intention to relinquish the right (implied in this is the capacity to dispose of the right) †¢ General Rule: Rights can be waived. †¢ Exceptions: 1. If waiver is contrary to law, public order, public policy, morals or good customs 2. If the waiver would be prejudicial to a 3rd party with a right recognized by law. (e. g. , If A owes B P10M, B can’t waive the loan if B owes C and B has no other assets. ) †¢ Examples of waivers which are prohibited: 1. Repudiation of future inheritance 2. Waiver of the protection of pactum commissorium 3. Waiver of future support 4. Waiver of employment benefits in advance 5. Waiver of minimum wage 6. Waiver of the right t o revoke a will Art. 7.Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. †¢ Article 7 is obvious because time moves forward. †¢ Only subsequent laws can repeal prior laws either through: 1. A repealing clause 2. Incompatibility of the subsequent and prior laws †¢ The violation of a law is not justified even if: 1. No one follows the law (i. e. nonpayment of taxes) 2. There is a custom to the contrary †¢ The 2nd par. of Article 7 is judicial review in statutory form. Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. à ¢â‚¬ ¢ This is a new provision taken from common law. Under the civil law tradition, the court merely applies the law. However since the Philippine legal system is a combination of civil law and common law, courts apply statutes as well as resort to the doctrine of precedent. Art. 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. Art. 10.In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. †¢ What if the law is silent? The court should render a decision based on justice as stated in Article 10. Art. 11. Customs which are contrary to law, public order or public policy shall not be countenanced. †¢ What if customs are not contrary to law? The custom would be countenanced. However, this does not mean that the custom would have obligatory force. Art. 12. A custom must be proved as a fact, according to the rules of evidenc e. †¢ The law doesn’t specify the cases when custom is relevant in litigation. But in case custom is relevant, it should be proven. †¢ Commentators say that custom is important in cases involving negligence.For example, if a kalesa in Manila is by custom supposed to have rattan baskets to prevent people from slipping, if a person slips because there is no rattan basket, then he can sue for negligence. Art. 13. When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise. If months are designated by their name, they shall be computed by the number of days which they respectively have. In computing a period, the first day shall be excluded, and the last day included. †¢ Article 13 has been superseded by Executive Order No. 292 (the Revised Administrative Code of 1987) – Book 1,  §31. Sec. 31. Legal Pe riods. â€Å"Year† shall be understood to be twelve calendar months; â€Å"month† of thirty days, unless it refers to a specific calendar month in which case it shall be computed according to the number of days the specific month contains; â€Å"day,† to a day of twenty-four hours; and â€Å"night,† from sunset to sunrise. †¢ Under E. O. No. 292, a year is now equivalent to 12 calendar months and not 365 days. Under Article 13 leap years are not considered. For examples, in order to make a will, one has to be 18 years old. But if you use Article 13, one loses 4 to 5 days if you don’t count the leap years. E. O. No. 292 is better than Article 13 since it is more realistic. †¢ There should have been a definition of hours.That definition is relevant for labor law. According to Professor Balane, an hour should be defined as 1/24 of a calendar day. If you use the definition that an hour is equal to 60 minutes, then we would have to define minu tes, then seconds, and so on. It would be too scientific. II. Conflicts of Law Provisions Art. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations. †¢ Two principles: 1. Territoriality General Rule: Criminal laws apply only in Philippine territory. Exception: Article 2, Revised Penal Code. ( 2.Generality General Rule: Criminal laws apply to everyone in the territory (citizens and aliens) Exceptions: In these instances, all the Philippines can do is expel them a. Treaty stipulations which exempt some persons within the jurisdiction of Philippine courts (e. g. , Bases Agreement) b. Heads of State and Ambassadors (Note: Consuls are subject to the jurisdiction of our criminal courts. ) Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. †¢ Theories on Personal Law: 1. Domiciliary theory – the personal laws of a person are determined by his domicile 2.Nationality theory – the nationality or citizenship determines the personal laws of the individual †¢ Under Article 15, the Philippines follows the nationality theory. Family rights and duties, status and legal capacity of Filipinos are governed by Philippine law. †¢ General Rule: Under Article 26 of the Family Code, all marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized and valid there as such, is also valid in the Philippines. †¢ Exception: If the marriage is void under Philippine law, then the marriage is void even if it is valid in the country where the marriage was solemnized . Exception to the exception: 1. Article 35, 2, Family Code Art. 35.The following marriages shall be void from the beginning: (2) Those solemn ized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so; 2. Article 35, 3, Family Code Art. 35. The following marriages shall be void from the beginning: (3) Those solemnized without license, except those covered the preceding Chapter; Even if the foreign marriage did not comply with either s 2 and 3 of Article 35, Philippine law will recognize the marriage as valid as long as it is valid under foreign law. Art. 16, 1. Real property as well as personal property is subject to the law of the country where it is stipulated. †¢ Lex situs or lex rei sitae governs real or personal property (property is subject to the laws of the country in which it is located). †¢ In Tayag vs.Benguet consolidated, the SC said that Philippine law shall govern in cases involving shares of stock of a Philippine corporation even if the owner i s in the US. Art. 16, 2. However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. †¢ This is merely an extension of the nationality theory in Article 15. †¢ The national law of the decedent regardless of the location of the property shall govern.Thus, the national law of the decedent shall determine who will succeed. †¢ In Miciano vs. Brimo, the SC said that the will of a foreigner containing the condition that the law of the Philippines should govern regarding the distribution of the properties is invalid. †¢ In Aznar vs. Garcia, what was involved was the renvoi doctrine. In this case, the decedent was a citizen of California who resided in the Philippine. The problem was that under Philippine law, the national law of the decedent shall govern. On the other hand, under California law, the law of the state where the decedent has his domicile shall govern. The SC accepted the referral by California law and applied Philippine law (single renvoi). Problem: What if the decedent is a Filipino domiciled in a foreign country which follows the domiciliary theory? According to Professor Balane, one way to resolve the situation is this – Philippine law should govern with respect to properties in Philippine while the law of the domicile should govern with respect to properties located in the state of domicile. Art. 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed. When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solem nities established by Philippine laws shall be observed in their execution.Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. †¢ Lex loci celebrationis (formal requirements of contracts, wills, and other public instruments are governed by the country in which they are executed) †¢ There is no conflict between the 1st of Article 16 and the 1st of Article 17 since they talk of 2 different things. †¢ Thus, the formal requirements of a contract involving real property in the Philippines must follow the formal requirements of the place where the contract was entered into. However, if what is involved is not the formal requirements, then the law of the place where the properties (whether real or personal) are located shall govern. Art. 18.In matte rs which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code. III. Human Relations Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. Art. 20. Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same. Art. 21. Any person who willfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage. Art. 22.Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him. Art. 23. Even when an act or event causing damage to another’s property was not due to the fault or negligence of the defendant , the latter shall be liable for indemnity if through the act or event he was benefited. Art. 24. In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection. Art. 25.Thoughtless extravagance in expenses for pleasure or display during a period of acute public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institution. Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: (1) Prying into the privacy of another’s residence; (2) Meddling with or disturbing the private life or family relations of another; (3) I ntriguing to cause another to be alienated from his friends; (4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition. Art. 27.Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against he latter, without prejudice to any disciplinary administrative action that may be taken. Art. 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give rise to a right of action by the person who thereby suffers damage. Art. 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omi ssion may be instituted. Such action requires only a preponderance of evidence.Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious. If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground. Art. 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of. Art. 31.When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result o f the latter. Art. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages: (1) Freedom or religion; (2) Freedom of speech; (3) Freedom to write for the press or to maintain a periodical publication; (4) Freedom from arbitrary or illegal detention; (5) Freedom of suffrage; 6) The right against deprivation of property without due process of law; (7) The right to a just compensation when private property is taken for public use; (8) The right to the equal protection of the laws; (9) The right to be secure in one’s person, house, papers, and effects against unreasonable searches and seizures; (10) The liberty of abode and of changing the same; (11) The privacy of communication and correspondence; (12) The right to become a member of associations or societies for purposes not contra ry to law; (13) The right to take part in a peaceable assembly to petition the Government for redress of grievances; (14) The right to be a free from involuntary servitude in any form; (15) The right of the accused against excessive bail; 16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf; (17) Freedom from being compelled to be a witness against one’s self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession, except when the person confessing becomes a State witness; (18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and (19) Freedom of access to the courts. In any of the cases referred to in this article, whether or not the defendant’s act or omission constitutes a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief.Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and mat be proved by a preponderance of evidence. The indemnity shall include moral damages. Exemplary damages may also be adjudicated. The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute. Art. 33. In cases of defamation, fraud, and physical injuries a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence. Ar t. 34.When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action. Art. 35. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complaint may bring a civil action for damages against the alleged offender.Such civil action may be supported by a preponderance of evidence. Upon the defendant’s motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious. If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceedings. Art. 36. Pre-judicial questions, which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code

The Ultimate SAT Biology Subject Test Study Guide

The Ultimate SAT Biology Subject Test Study Guide SAT / ACT Prep Online Guides and Tips If you’re applying to selective schools, you might have to submit SAT Subject Test scores along with your regular SAT (or ACT) scores. The Biology Subject Test (also called Biology SAT II) is a popular one because a vast majority of students take biology in high school, and most students find it less intimidating than chemistry or physics. This test can be a great way to fulfill your Subject Test requirements, especially if you plan on studying biology in college and want to show off your skills. In this study guide, I’ll give you all the background information you need to start studying for the Biology Subject Test as well as example questions, practice materials, and study tips to use along the way. Biology SAT Subject Test Overview: Format and Test Dates In terms of Biology SAT Subject Tests, you can choose to take either Biology Ecological (Biology-E) or Biology Molecular (Biology-M). According to the College Board's descriptions of the two SAT Subject Tests, Biology-E "leans more toward biological communities, populations, and energy flow," whereas Biology-M is more "geared toward biochemistry, cellular structure and processes, such as respiration and photosynthesis." Both versions have the same test format and guidelines: Total Time: 60 minutes Total Number of Questions: 80 multiple-choice questions Scoring: Scored on a scale from 200 to 800 No calculator allowed! Sixty of the questions are identical for both versions of the test, while the last 20 are specialized to either E or M. Biology E/M is offered on the May, June, August, October, November, and December SAT Subject Test dates. Should You Take the Biology Subject Test? Which Version? Now that you understand what the Biology SAT Subject Test entails, should you take it or not? To help you decide, you need to first find out if any of the schools you’re applying to require or recommend SAT Subject Tests. You can do this by simply looking at our other article for a full list of schools that ask applicants to send Subject Test scores (we also introduce these schools’ specific requirements). If you already know that you need to take Subject Tests, there are a few reasons you might look to the Biology test as a viable option. Want to get better grades and test scores? We can help. PrepScholar Tutors is the world's best tutoring service. We combine world-class expert tutors with our proprietary teaching techniques. Our students have gotten A's on thousands of classes, perfect 5's on AP tests, and ludicrously high SAT Subject Test scores. Whether you need help with science, math, English, social science, or more, we've got you covered. Get better grades today with PrepScholar Tutors. When to Consider Taking the Biology Subject Test Here are three cases in which it's a smart idea to consider taking the Biology SAT Subject Test. #1: You Just Took a Biology Class It's best to take the test in the spring right after you finish a biology course to cut down on study time. Here is the College Board’s recommended preparation for the Biology Subject Test: A one-year introductory college preparatory course in biology A one-year course in algebra Laboratory experience The Biology Subject Test is an especially good idea if you’ve just taken AP Biology (and have already prepared for the AP test). Subject tests are less intense than AP tests, so in comparison, it will probably seem like a breeze to you. #2: You Haven't Taken a Science Subject Test Most colleges that require or recommend SAT Subject Tests are looking for one in the humanities and one in the sciences (except for a couple of outliers such as MIT, which wants math and science Subject Tests). If you need to take a Subject Test in the sciences and you’re nervous about it, Biology is the way to go. It should be slightly easier for you than Physics or Chemistry will be if you’re a stronger humanities student. Why? The Biology test involves fewer obscure concepts and calculations, and you can rely slightly more on memorization and basic logic to answer the questions. #3: You Have a Special Interest in Biology If you’re interested in pursuing biology as a course of study, it’s a great idea to take the Biology Subject Test as a way to demonstrate your aptitude for the subject. If you’ve also done other specialized programs or projects in high school related to biology, taking the Subject Test will only bolster the cohesiveness of your application. Alright, let's do this. Assuming some or all of the factors listed above apply to you, and you’ve decided to take the test, there’s still one more decision to make: Biology E or Biology M? How to Decide Between the Biology E and Biology M Versions I gave you a short description of the content of each of these two tests in the previous section, but it probably wasn't enough information for you to make a decision. This choice ultimately comes down to whether you’re more comfortable with the macro or micro aspects of biology. SAT Biology-E deals more with large-scale energy flow in ecosystems and changes in the environment over time. By contrast, Biology M focuses more on the chemical elements of biology that occur on a minuscule scale. If you’re more of a science-oriented student, you’ll probably be better off with Biology-M. If you’re more into subjects like history and English, Biology-E might be a better choice. Keep in mind that the two tests aren’t completely different. There are only 20 questions out of 80 that are specific to either E or M. For this reason, I wouldn’t stress too much over your choice. If you took a biology class and did reasonably well in it, you shouldn’t have a problem with either version of the test. Oh, and for anyone who’s wondering- yes, you can take both Biology-E and Biology-M, but you can’t take them both on the same test date (makes sense, considering they’re almost the same test!). Biology-M is more about this type of stuff. You know- all the creepy things happening at the molecular level inside your body. Right. Now. What’s on the Biology SAT II? Here’s a content overview provided by the College Board that lists the division of topics for each version of the Biology SAT Subject Test: From the chart, you can see that many more questions are devoted to Cellular and Molecular Biology on the Biology-M test, and many more are devoted to Ecology on the Biology-E test. Notice that Biology M also has slightly more questions on Genetics, whereas Biology E has slightly more questions on Evolution and Diversity. Both tests have the same number of questions dealing with Organismal Biology. These topics should all be familiar to you if you’ve taken a biology course. The types of skills tested on both Biology-E and Biology-M include the following: Recalling fundamental concepts and specific facts (about 30% of test) Applying biological knowledge to practical scenarios presented on the test and solving problems using mathematical relationships (about 35% of test) Making inferences and forming conclusions based on qualitative and quantitative data (about 35% of test) Essentially, 70% of questions will present a scenario and then ask you to make deductions or calculations based on it. The scenario could be a chart of bacteria growth or a description of a lab procedure. It’s important to know the fundamental parts of an experiment (independent and dependent variables) and be able to project your understanding onto unfamiliar situations. The other 30% of questions just ask you to recall biological facts directly. I'll provide examples of different types of questions you can expect to see on the test in the next section. You might see questions about changes in species population density in a particular ecosystem. It's the ciiiiiircle of liiiiiiifeeeee! Biology Subject Test Question Types Here are a few official examples of the different types of questions you might see on the Biology Subject Test. Each question corresponds to one of the three skills I mentioned above. Type 1: Data Interpretation As I mentioned in the previous section, many of the questions on the test ask you to look at data and make deductions from the information given. In this question, although species Y isn’t explicitly mentioned in the chart, we know from the background information that whatever percentage of species X is planted, species Y seeds must make up the remainder. To answer the question, we have to figure out where the graphed line intersects with the line that indicates the 25% mark on the x-axis (that is, the harvest at the point where 25% species X and 75% species Y were planted). It appears that the harvest was 50% species X, which means it must also have been 50% species Y. Therefore, the correct answer is C. Type 2: Applying Concepts In this question, you’re asked to apply your biology knowledge to a given situation. Why did the results recorded in the graph occur based on what you know about the experiment? From the background information (and from studying for the test), we know that thymine is one of the four main nucleotide bases present in DNA. Choice E makes the most sense as an answer to this question because as the embryos develop, they’re consistently forming DNA using the radioactive thymine that’s available to them. As I wrote above, you'll also be asked to apply your knowledge of the scientific method and lab procedures to specific scenarios on the test. Take a look at the next question dealing with this radioactivity experiment: The correct answer is choice C. This would be an appropriate control scenario because RNA contains uracil instead of thymine. The results of the experiment upon adding radioactive uracil would demonstrate definitively that the original experiment measured DNA and not RNA synthesis. Type 3: Recalling Facts You'll also see questions like this on the Biology Subject Test that ask you to recall basic facts. The answer to question 1 would be (B), and the answer to question 2 would be (A). Sometimes these questions are accompanied by diagrams. Here's an example of one in a slightly different format: This is a little more challenging since you need to identify the parts of the flower that the numbers are labeling and also remember the functions of those specific parts. The answer to question 6 is (A), and the answer to question 7 is (D). 10/10 would pollinate. Where to Find Practice Materials for the Biology Subject Test If you're looking to prep for the Biology SAT Subject test, you'll need some quality study materials. I've compiled a list of where to find the best practice tests and review guides. Free Online Sample Questions and Tests This is a list of online (official and unofficial) practice materials for the Biology E/M Subject Test. Most of these resources don't provide complete practice tests, but there are tons of questions available that will expose you to the full range of the content on the exam. Official Biology Subject Test Practice Questions We'll start with the best of the best: official practice questions created by the College Board. All of these questions are extremely realistic and very similar to the ones you'll see on test day. General Biology: 24 practice questions with answer explanations. Biology-E: Five questions specific to Biology-E. Biology-M: Five questions specific to Biology-M. The SAT Subject Tests Student Guide: Pages 20-24 offer a total of 17 biology questions (11 on general biology, three on Biology-E, and three on Biology-M). Answers and explanations are available here. CrackSAT Practice Tests and Questions Although all of these tests are much shorter than the real thing, they're still incredibly useful as practice materials. Note that since there's less of a focus on lab and data analysis, these questions might be less challenging than those on the actual test. SAT II: Biology Google Site This site has two full-length practice tests and two diagnostic tests. It doesn't have automatic scoring since all pages are scanned PDFs, so these are good to print out and take like the real test. Be sure to emulate real testing conditions as closely as possible: follow the official time limit and take them in a quiet room without distractions. Free Online Content Review Khan Academy is a free website and partner of the College Board that provides tons of learning materials, including video lessons, practice questions, and answer explanations, for the SAT and various school subjects. Its biology section is especially helpful since it offers an overview of essential concepts, many of which you'll find on the Biology SAT Subject Test. In addition to in-depth videos that teach you the basic (and even more advanced) biology concepts, Khan Academy offers more than 80 biology practice questions. While these questions don't look like those you'll see on the Subject Test, they're still useful for helping you learn and retain the fundamentals of the subject. Paid Review Books In addition to free resources, there are a few helpful review books you can buy that are specifically for Biology E/M. You can also check out this article that focuses on the best books to use for the Biology Subject Test based on your score level. The Official SAT Subject Test in Biology Study Guide: This official book is a must-have. It includes two full-length Biology tests (that were actually administered in the past!) as well as detailed answer explanations and a few test-taking tips. Buy it for around $13 on Amazon. The Official Study Guide for ALL SAT Subject Tests, 2nd Edition: This book contains official practice tests for all SAT Subject Tests, including, of course, the Biology test. It's a good choice if you're planning to take other SAT Subject Tests and prefer having one comprehensive resource. The current price is around $19 on Amazon. Barron's SAT Subject Test Biology E/M, 6th Edition: Although this is an unofficial resource, it's got a lot of material you can work with, including more than 350 questions and two full-length practice tests. It currently sells for about $16 on Amazon. Cracking the SAT Subject Test in Biology E/M, 16th Edition: This book by The Princeton Review aims to get you a perfect 800 on the Biology test. Although its questions aren't as realistic as those in official resources, it does offer a solid array of learning material, from helpful test-taking strategies to practice tests. You can buy it for around $14 on Amazon. Sterling SAT Biology E/M Practice Questions: High Yield SAT Biology E/M Questions: If you want a comprehensive resource of Biology practice questions, look no further. This book offers an astounding 1,500+ practice questions and answer explanations. The current cost is about $23 on Amazon. And when you're done taking practice tests, you can reward yourself with something that would be unacceptable to consume in public. In the immortal words of the Goo Goo Dolls, "And I don't want the world to see me / 'Cause I don't think that they'd understand / When everything's made to be chocolate / I just want you to know who I am." Want to get better grades and test scores? We can help. PrepScholar Tutors is the world's best tutoring service. We combine world-class expert tutors with our proprietary teaching techniques. Our students have gotten A's on thousands of classes, perfect 5's on AP tests, and ludicrously high SAT Subject Test scores. Whether you need help with science, math, English, social science, or more, we've got you covered. Get better grades today with PrepScholar Tutors. How to Study for the Biology Subject Test Here are a couple of pointers to keep in mind as you study for the Biology SAT Subject Test. Don’t Over-Prepare Remember that this isn’t an AP test- there are no free-response questions, and much of the test involves interpreting information that’s already been provided to you. Therefore, if you recently took a final exam for a biology class or the AP Biology test and felt pretty confident about your performance, you shouldn’t have any issues acing the Subject Test. I’d still recommend taking a practice test (as discussed in my next point), but there’s no need to kill yourself with studying if the information is fresh in your mind. If it’s been a year or so since you took a biology class, a few hours of review might be in order. Again, though, this test shouldn’t be especially challenging for you if you’ve already completed a mid- to high-level biology course. Take Plenty of Practice Tests Even if you feel very comfortable with the subject matter, you should take at least one practice test as an experiment to see how high you’re scoring. This way, if you’re at a satisfactory score level, you can avoid wasting time with additional studying. If your results are lower than expected, analyze your mistakes and then study the relevant content areas (or just do similar practice problems if your mistakes are related to data interpretation more so than they are to general biology knowledge). You can also do some practice questions for each version of the Biology test on the College Board website and/or those in the other resources listed above. Practice tests can help raise alarms about unexpected problem areas on the test. Acing the Biology Subject Test: 3 Essential Test-Taking Tips In this section, I'll give you a few tips for when you actually sit down to take the Biology SAT Subject Test. Tailoring your strategy to the format and content will do wonders for your score! Tip 1: Read the Background Information- but Don’t Overthink It As you saw from the examples above, questions on the Biology SAT Subject Test often come paired with background information to contextualize the data being provided to you. This will come in the form of a paragraph that describes the experiment so you don’t get confused when you look at the corresponding chart or graph. Always take a moment to read this paragraph, as it sometimes contains information that isn’t clear if you view the data in isolation. However, don't get too wrapped up in understanding every aspect of the experiment. It’s best to maintain a practical mindset and just focus on understanding the parts you need to know so you can answer the questions. Take the second sample question above. Here it is again for your reference: You can see that some of the information in the paragraph- such as the fact that radioactivity was measured in "counts per minute"- doesn't actually help you answer the question. Be efficient, and avoid dwelling on smaller details that might not be important. Tip 2: Don't Linger on Hard Questions As you're taking the Biology Subject Test, you might come across some questions you can't figure out right away. If you spend more than 30 seconds on a question without getting any closer to the correct answer, skip it for the time being and move forward. Lingering on problems that give you trouble spells danger for this test, so try to answer all the less challenging questions first so you don't run out of time at the end and miss any easy points. Tip 3: Keep Guessing to a Minimum Although there's no guessing penalty on the regular SAT, SAT Subject Tests are still under the fractional-point subtraction's reign of terror. This means that guessing incorrectly is worse for your score than leaving a question blank. Answering a question incorrectly on the Biology Subject Test will cause you to lose 1/4 a point, leaving a question blank results in no loss or gain of points, and answering a question correctly earns you one point. As a result, don't guess on a question unless you can eliminate at least one wrong answer choice. Otherwise, you're taking too much of a risk. If you're completely stumped by a question, just leave it blank. If you can't decide between five answer options that all seem equally viable to you, leave the question blank. Conclusion: How to Prep for the Biology SAT Subject Test The Biology Subject Test can be an easy and convenient way to fulfill your SAT II requirements for college applications. You have the option of taking either Biology-E (ecological) or Biology-M (molecular), but 75% of the questions are the same on both tests. Both versions of the test are an hour long and include 80 multiple-choice questions that deal with topics ranging from cell biology to genetics to evolution. Though these questions mostly cover basic biology knowledge, there's also a significant amount of data interpretation and analysis of experimental scenarios. Take a practice test to see where you stand, and do additional studying if you find your knowledge is lacking. If you were successful in your high school biology class, you should generally have no problem doing well on this test with just a little bit of preparation! What's Next? Are you currently taking AP Biology? Learn more about the format and content of the AP test, and get a rundown of the best resources you can use to study for the exam! You should also read our complete review guide for AP Biology. You can use it to brush up on some skills that will come in handy for the Biology Subject Test as well. While you're studying for the Biology Subject Test (or even if you're just taking bio), take advantage of our articles reviewing key bio concepts. Start with our exploration of the distinction between homologous and analogous structures, then go on to our guides to enzymes, the photosynthesis equation, cell theory, cell membranes, and the endoplasmic reticulum. Still not sure whether you should take the Biology Subject Test? Check out this expert advice on which Subject Tests you should take based on your goals and interests. Need a little extra help prepping for your Subject Tests? We have the industry's leading SAT Subject Test prep programs (for all non-language Subject Tests). Built by Harvard grads and SAT Subject Test full or 99th %ile scorers, the program learns your strengths and weaknesses through advanced statistics, then customizes your prep program to you so that you get the most effective prep possible. Learn more about our Subject Test products below:

Social Cultural Impacts of Tourism

Social Cultural Impacts of Tourism Introduction The social cultural impact of tourism refers to the positive and negative effect or impact of tourism on the cultural heritage, traditions, customs, and social life style of host communities. This paper will look at the positive and negative socios of authentic cultural elements that may be staged out of context for tourists include traditional dances, certain rituals or practices, the wearing of traditional dresses purely for the benefit of tourists, and the re-enactment of long gone or ancient lifestyles. In all the above, while these elements may be an authentic representation of how the hosts used to live, they may not be a true reflection of how they live today, and hence the representation is reduced to a mere staging of something. As an example, think of an authentic traditional dance performance by singers in animal skins at the Market Theatre in Johannesburg. The problem with this performance is that it may not be a true reflection of the contemporary and living culture of the place, and might even reinforce tourist’s perception that, in this particular case, Africans are still primitive.Advertising Looking for essay on communications media? Let's see if we can help you! Get your first paper with 15% OFF Learn More Factors that Influence the Social Cultural Impact of Tourism In general, the social cultural impact of tourism is not the same across the world, and a number of factors affect the impact of tourism on any community. Ordinarily, most tourist-host interactions occur at the tourist destination region, when tourists purchase goods and services from local people, when tourists and local residents use the same facilities such as beaches, shops, restaurants, and other amenities and infrastructure, or when they purposefully meet to exchange ideas and information. The type of interaction between tourists and hosts influence the relationship and the attitudes they have towards each other, and this in turn influences the social cultural impact of tourism (Wang Pfister 2008). The tourist-host relationship and thus the social cultural impact of tourism is affected by the differences between tourists and hosts, the type of contact between tourists and hosts, the importance of tourism in a commun ity, and community tolerance threshold which refers to how willing a community is to bear the inflow of tourists and their influences. These are discussed as follows. Differences between Tourists and Hosts The differences between tourists and hosts that can affect the social cultural impact of tourism are their basic value and logic systems, religious beliefs, traditions, customs, lifestyles, behavioral patterns, dress codes, sense of time budgeting, and attitudes towards strangers. Basic Value and Logic Systems The values and the logic systems of a host community and tourists will determine what they value and how they value it. If the hosts and tourists have different values and logic systems, it could cause attraction or resentment whenever there is an interaction. Religion, Traditions, and Customs When tourists and hosts belonging to different religions come into contact with one another, there are likely to be shocks and new discoveries. For example, the public display of affec tion between males and female Christian tourists may be shocking to many Muslims in the Middle East. Contact between tourists and hosts whose traditions differ might cause greater impact. For example, the scantily dressed tourist may, in the long run, impact on the dress code of many rural communities in Africa. The reaction might be to copy them or loathe them for not adhering to local norms and social codes. Variations in traditional practices can be found even among people of the same race and language. The similarity of customs between the guest and the hosts lessen the possibility of misunderstanding each other. For example, tourists from Cape Town visiting Durban will find many customary similarities to their hosts and may not have any impact on their host community. Differences in customs, however, do not always mean that there will be a negative social cultural impact. Lifestyle Lifestyle differences can be caused by income differences. The rich tend to lead similar lifestyl es even though their cultures may not be identical, as the way they spend their money on property, travel, and entertainment, for example, is usually similar. Such lifestyle differences might have an impact if the hosts copy, envy, or morally judge the tourists, or vice versa (Pizam 1978, p. 98). Dress Code When the dress code of tourists is different from that of hosts, the hosts tend to be either attracted to or offended by the dress of the visitors. In most cases, the hosts tend to envy and copy the dress style of tourists, which may not always be acceptable. Sense of Time Budgeting People from developed countries generally value time and think that it is polite to be on time for appointments. On the other hand, people from developing countries generally have a more relaxed attitude towards time, and are not as strict in keeping appointments. Such differences can be a source of misunderstanding or even conflict between tourists and the host community. Attitude towards Strangers S ome cultures and societies view strangers with suspicion while other cultures are more open towards outsiders. The more open the host communities are towards strangers, the greater the social cultural impact of tourism is likely to be on them. Type of Contact between Tourists and Hosts The type of activities tourists engage in, such as passive or active activities, can determine the type of contact and level of interaction with a community. The more active the activity, the greater the interaction with the host community, and the more likely tourism is to have an impact on them (Lankford 1994, p. 35). For example, formal contact, as in the case where tourists receive services from their hosts, makes it necessary for tourists and the local community to interact with each other and is a platform where cultures, norms, and values are exchanged. Thus, it is an opportunity for both parties to copy the behavior and mannerisms of the other. In a similar way, informal contact that takes pla ce where tourists and hosts share the same facilities such as stadiums, streets, or beaches may have either a good or bad influence on tourists or hosts or both. The Importance of Tourism in the Community The way tourism is perceived by the local people in communities, especially their perceptions about its importance to their livelihood, will impact on tourist-host relationship. In cases where there is an excitement about tourists and the benefits that their presence will bring, the tourist-host relationship is usually good due to mutual admiration between tourists and their hosts (Hafeznia et al. 2007). In contrast, when the novelty of meeting new cultures wears off and tourists begin to irritate the locals, probably due to their large numbers, their competing for the limited resources with locals, or the real or perceived ills that tourists bring, tourism might be seen as having less importance and a more antagonistic relationship will begin to develop (Huang Stewart 1996). Comm unity Tolerance Threshold As stated earlier community tolerance threshold refers to how willing a community is to bear the inflow of tourists and their influences. Where the members of a community are less irritable and able to accept tourists regardless of their mannerisms, then tourism will have an impact on them (Aref Redzuan 2010). On the other hand, when members of the host community are irritable, it becomes very difficult for tourists to penetrate their society and the tourism will have little or no impact at all on the local community. Conclusion As explained in this paper, the social cultural impact of tourism is not the same across the world. Various factors that differ from location to location influence not only the type of impact, but also whether those impacts will be negative or positive. The type of interaction between tourists and hosts influences their relationship and the attitudes they have towards one another, and this in turn influences the social cultural imp act of tourism. Typically, the tourist-host relationship and thus the social cultural impact of tourism are affected by differences between tourists and the host communities. Other factors are the type of contacts created and how tourism is regarded by the local community. The location of tourism, such as a rural or urban location or in a developed or developing country, determines whether the social cultural impact on the location will be positive or negative. To a great extent, the number of tourists visiting a location affects the level of impact on the host community. For example, a large number of tourists will have a greater influence on the host community, because there are many chances of a local person meeting a tourist. The origin of tourists also affects the social cultural impact of tourism because there might be notable differences between them and the hosts due to their origin, which might intensify the impact. The stage of tourism development in a destination affects the host community’s knowledge of tourism and attitude towards tourists, and its reaction to tourism. Reactions of host communities in the development stage can include hostility, lack of charity, and imitation. These in turn affect the nature of social cultural impacts that result from tourism. To some degree, the length of the tourist season influences the intensity of the social cultural impact. The longer the interaction, the greater the impact of tourism on the host community will be. Reference List Allen, LR, Hafer, HR, Long, PT Perdue, RR, 1993, ‘Rural Residents’ Attitudes toward Recreation and Tourism Development’, Journal of Travel Research, Vol. 31, No. 4, pp. 27 – 33. Aref, F Redzuan, M 2010, ‘Community Leaders’ Perceptions towards Socio-cultural Impacts of Tourism on Local Communities’, Journal of Human Ecology, 29 (2): 87 – 91. Green, R 2005, ‘Community Perceptions of Environmental and Social Change an d Tourism Development on the Island of Koh Samui, Thailand’, Journal of Environmental Psychology, 25 (1): 37 – 56. Hafeznia, R, Eftekhari, A Ramazani, I 2007, ‘A Comparative Study on the Tourism Policies in Pre and Post Islamic Revolution of Iran, Case Study: Babolsar in the Coast of Caspian Sea’. Journal of Applied Sciences, 7 (24): 3836 – 3874. Huang, Y Stewart, P 1996, ‘Rural tourism development: Shifting basis of community solidarity’, Journal of Travel Research, 35 (4): 26 – 31. Lankford, S 1994, ‘Attitudes and Perceptions toward Tourism and Rural Regional Development’, Journal of Travel Research, 32 (3): 35 – 43. Liu, Z 2003, ‘Sustainable Tourism Development: A Critique’, Journal of Sustainable Tourism, 11 (6): 459 – 475. Long, PT, Perdue, RR Allen, L 1990, ‘Rural Resident Tourism Perceptions and Attitudes by Community Level of Tourism’, Journal of Travel Research, Vol . 28, No. 3, pp. 3 – 9. McGehee, G Andereck, L 2004, ‘Factors Predicting Rural Residents’ Support of Tourism’, Journal of Travel Research, 43: 131 – 140. Murphy, PE 1981, ‘Community Attitudes to Tourism: A Comparative Analysis’, International Journal of Tourism Management, Vol. 2, No. 3, pp.189 – 195. Pizam, A 1978, ‘Tourism Impacts: The Social Costs To The Destination Community as Perceived by Its Residents’, Journal of Travel Research, 16: 8 – 12. Wang, Y Pfister, E 2008, ‘Residents’ Attitudes toward Tourism and Perceived Personal Benefits in a Rural Community’, Journal of Travel Research, 47: 84 – 93.

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Lawrence v. Texas Our basic freedoms afforded to us by the Constitution have been stripped away from some individuals because of their sexual preferences. The â€Å"fundamental rights† argument tracks a line of contraception and abortion cases, holding that certain intimate, private, family-related choices may be protected from state interference. The state has no legitimate right to interfere with the right of privacy; landmark cases have shown that our Constitution has become a â€Å"living Constitution,† whether or not people like Justice Scalia like it or not. In Lawrence v. Texas, which proves that the Constitution is continually being re-interpreted by our Supreme Court System, shows this by overruling Bowers v. Hardwick and granting every individual the same rights to privacy as one another? Scalia insists that a liberty interest (under the fundamental-rights theory) needs to be â€Å"deeply rooted in tradition,† and the mere fact that some of those state anti-gay laws have since been repealed doesn’t guarantee a fundamental right. At the end of this paper, I will have shown that our Constitution affords us certain rights and freedoms that we take for granted, but others have to fight for just because they have a different sexual preference. My main concern here will be showing how Justice Scalia attempts to say â€Å"that it is alright to be gay, just as long as you don’t have sexual intimacy with person of the same sex,† which infringes on your right to privacy. The rights are based upon the work of our Founders of the Constitution, who set out to create a set of rules to protect us against our government from having too much power over each individual. The rights that we are proved with are our most basic fundamental law. Citing back to Griswold v. Connecticut in 1965, when the courts ruled that birth control was an implied right to privacy of marital association from: 1st, 3rd, 4th, 5th and 9th amendments. Along... Free Essays on Lawrence Vs. Texas Free Essays on Lawrence Vs. Texas Lawrence v. Texas Our basic freedoms afforded to us by the Constitution have been stripped away from some individuals because of their sexual preferences. The â€Å"fundamental rights† argument tracks a line of contraception and abortion cases, holding that certain intimate, private, family-related choices may be protected from state interference. The state has no legitimate right to interfere with the right of privacy; landmark cases have shown that our Constitution has become a â€Å"living Constitution,† whether or not people like Justice Scalia like it or not. In Lawrence v. Texas, which proves that the Constitution is continually being re-interpreted by our Supreme Court System, shows this by overruling Bowers v. Hardwick and granting every individual the same rights to privacy as one another? Scalia insists that a liberty interest (under the fundamental-rights theory) needs to be â€Å"deeply rooted in tradition,† and the mere fact that some of those state anti-gay laws have since been repealed doesn’t guarantee a fundamental right. At the end of this paper, I will have shown that our Constitution affords us certain rights and freedoms that we take for granted, but others have to fight for just because they have a different sexual preference. My main concern here will be showing how Justice Scalia attempts to say â€Å"that it is alright to be gay, just as long as you don’t have sexual intimacy with person of the same sex,† which infringes on your right to privacy. The rights are based upon the work of our Founders of the Constitution, who set out to create a set of rules to protect us against our government from having too much power over each individual. The rights that we are proved with are our most basic fundamental law. Citing back to Griswold v. Connecticut in 1965, when the courts ruled that birth control was an implied right to privacy of marital association from: 1st, 3rd, 4th, 5th and 9th amendments. Along...

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