Sunday, May 24, 2020
The appeal to humor is aÃ fallacy in which a rhetor uses humor to ridicule an opponent and/or direct attention away from the issue at hand. In Latin, this is also calledÃ argumentum ad festivitatem and reductio ad absurdum. Like name calling, red herring, and straw man, the appeal to humor is a fallacy that manipulates through distraction. Examples and Observations Winifred Bryan Horner Everyone loves a good laugh, and usually the person who uses humor at the right time and place will earn the goodwill of most audiences. But a joke can be used to divert attention or to make an opponent look foolish. By trivializing the speaker and the subject, the issue can be what one writer calls lost in the laugh. A well-known example is from a debate on evolution when one speaker asked the other: Now, is it on your mothers side or your fathers that your ancestors were apes? When proponents fail to respond to the humor, they are accused of taking the matter too seriously. This can be a devastating technique for clouding and confusing the issue. In addition, jokes can undermine an argument. When an opponent of the Meramec Dam repeatedly referred to the construction site as the damn dam site it succeeded in diverting the attention of the audience from the real issues.Ã¢â¬â Winifred Bryan Horner, Rhetoric in the Classical Tradition. St. Martins Press, 1988 Gerry Spence Every good closing argument has to start with May it please the court, ladies and gentlemen of the jury, so let me start out that way with you. I actually thought we were going to grow old together. I thought maybe we would go down to Sun City and get us a nice complex there and sort of live out our lives. I had an image in my mind [with] the judge at the head of the block and then the six jurors with nice little houses beside each other. I hadnt made up my mind whether I was going to ask [criminal defense lawyer] Mr. Paul to come down, but I didnt think this case was ever going to get over. As a matter of fact, as Mr. Paul kept calling witnesses, I got the impression that hes fallen in love with us over here and just didnt want to quit calling witnesses...Ã¢â¬â Attorney Gerry Spence in his summation at the civil trial concerning the death of nuclear whistleblower Karen Silkwood, quoted by Joel Seidemann in In the Interest of Justice: Great Opening and Closing Arguments of the Las t 100 Years. HarperCollins, 2005 Avoid sarcasm, scorn, and ridicule. Use humor cautiously. Hold back insult. No one admires the cynic, the scoffer, the mocker, the small, and the petty. Giving respect to ones opponent elevates us. Those who insult and slight do so from low places. Remember: Respect is reciprocal. The employment of humor can be the most devastating of all weapons in an argument. Humor is omnipotent when it reveals the truth. But beware: attempting to be funny and failing is one of the most dangerous of all strategies.Ã¢â¬â Gerry Spence, How to Argue and Win Every Time: At Home, at Work, in Court, Everywhere. Macmillan, 1995) Paul Bosanac Humor and ridicule are often targeted at an individuals characterÃ¢â¬âad hominem (abusive) epithets frequently convey that humor and ridicule. Little can be done, inside or outside the courtroom, to respond to successful humor or ridicule, as the audience (judge or jury, for example) will likely consider the humor or ridicule as having trumped any factual claim or argument. A quick reply with a counter example of humor or ridicule is the best response, but quick-wittedness at critical moments is a hit-or-miss proposition.Ã¢â¬â Paul Bosanac, Litigation Logic: A Practical Guide to Effective Argument. American Bar Association, 2009
Wednesday, May 13, 2020
Los casos de refugiados y de asilados polÃ ticos tienen las mismas causas,sin embargo, la tramitaciÃ ³n del reconocimiento de ambos estatus es muy diferente, por lo que es importante distinguirlas. En la actualidad, mÃ ¡s latinoamericanos obtienen la aprobaciÃ ³n de estatus de asilado que de refugiado. El Salvador es el Ã ºnico paÃ s de la regiÃ ³n cuyos nacionales sacan ambos estatus Ã¢â¬âasilado y refugiadoÃ¢â¬â en nÃ ºmeros relevantes. QuiÃ ©nes pueden solicitar ser refugiado o pedir asilo polÃ tico en EE.UU. Parte de la confusiÃ ³n entre estos dos estatus nace del hecho de que tanto con el asilo como con la figura del refugiado se protege a la misma clase de personas. Es decir, a los personas que no pueden o no quieren regresar a su paÃ s de origen porque han sido perseguidas o tienen razones fundadas de llegar a serlo por cualquiera de las razones siguientes: RazaReligiÃ ³nNacionalidadMembresÃ a de un grupo social (como por ejemplo gays, lesbianas o transexuales)OpiniÃ ³n polÃ ticaPor haber sido obligados a ser esterilizados o a abortar. O sufrir persecuciÃ ³n por haberse negado. Diferencias en pedir asilo y condiciÃ ³n de refugiado Una de las principales es el lugar en el que se encuentra la persona que sufre persecuciÃ ³n. Para solicitar el estatus de refugiado es obligatorio encontrarse fuera de Estados Unidos. AdemÃ ¡s, el solicitante estar fuera de su paÃ s. A este Ã ºltimo requisito hay excepciones muy limitadas y establecidas expresamente por el Presidente de Estados Unidos. En la actualidad sÃ ³lo pueden solicitar el estatus de refugiado desde dentro de su propio paÃ s los cubanos, los ciudadanos de paÃ ses que formaron parte de la UniÃ ³n SoviÃ ©tica e Irak. Son circunstancias muy excepcionales y en inglÃ ©s son denominadas in-country processing. Los candidatos al estatus de refugiado son procesados en una primera fase por uno de los 9 Centros de Apoyo a la ReubicaciÃ ³n (RSC, por sus siglas en inglÃ ©s), que tiene Estados Unidos en diferentes puntos del planeta. La mayorÃ a de ellos han llegado a un RSC porque han sido remitidos por el Alto Comisionado de Naciones Unidas para los Refugiados, una Embajada de los Estados Unidos o una organizaciÃ ³n no gubernamental. Otros llegan porque forman parte de un grupo calificado de especial preocupaciÃ ³n humanitaria y, finalmente, los casos de reunificaciÃ ³n familiar. Cuando toda la informaciÃ ³n es recabada sobre el candidato, la misma se envÃ a al USCIS a Estados Unidos, que es quien debe aprobar la solicitud. El Ã ºltimo paso corre a cargo de una agencia de reubicaciÃ ³n en EE.UU. que serÃ ¡ la encargada de apoyar al refugiado cuando se le autorice a viajar. Por el contrario, el asilo se solicita o bien en un puerto de entrada nada mÃ ¡s llegar (aeropuerto, puerto marÃ timo o frontera terrestre) ante un oficial de inmigraciÃ ³n,(CBP, por sus siglas en inglÃ ©s), o bien ya una vez dentro de Estados Unidos. En este Ã ºltimo caso la peticiÃ ³n debe presentarse dentro del aÃ ±o siguiente a haber llegado al paÃ s. A esta regla de los 365 dÃ as se admiten excepciones muy raramente cuando las circunstancias en el paÃ s de origen cambian dramÃ ¡ticamente. Cabe destacar que algunos migrantes presentes en EE.UU. con TPS podrÃ an calificar para solicitar asilo porque en el caso de esta protecciÃ ³n especial el calendario de 1 aÃ ±o se considera congelado en la fecha en la que se le aprobÃ ³ el TPS por primera vez. Ã ¿CuÃ ¡ntos refugiados y asilados admite EE.UU.? En el aÃ ±o fiscal 2018, EE.UU. admitiÃ ³ un total de 22.491 refugiados. Los 10 paÃ ses con mayor nÃ ºmero de refugiados fueron: Congo (8.883)Myanmar (3.555)Ucrania (2,635)ButÃ ¡n (2,228)Eritrea (1,269)AfganistÃ ¡n (805)El Salvador (739)PaquistÃ ¡n (441)Rusia (437)EtiopÃ a (376) Para el aÃ ±o fiscal 2019 el presidente Donald Trump ha fijado en 30.000 el nÃ ºmero mÃ ¡ximo de refugiados que pueden ingresar al paÃ s. Los Ã ºltimos datos disponibles sobre asilo son el aÃ ±o fiscal 2016, segÃ ºn los cuales se aprobaron 20.458 estatus de asilo polÃ tico de los que 11.729 fueron asilos afirmativos, es decir, solicitudes aprobadas por USCIS. En 8.726 casos fueron asilos defensivos, es decir, aprobados por las cortes de inmigraciÃ ³n o el Tribunal de Apelaciones migratorias (BIA, por sus siglas en inglÃ ©s). Los paÃ ses con mayor nÃ ºmero de casos aprobados fueron: China: 4.500El Salvador: 2.148Guatemala: 1.943Honduras: 1.513MÃ ©xico: 920 En la actualidad hay mÃ ¡s de 733.000 solicitudes de asilo pendientes, estimÃ ¡ndose en 721 dÃ as la media de espera para la vista (hearing, en inglÃ ©s). InformaciÃ ³n para los trÃ ¡mites de asilo En los casos de asilo se estima que los solicitantes pierden en el 90 por ciento de las veces en las que no estÃ ¡n representados por un abogado. Por lo tanto, es extremadamente importante contar con uno con experiencia y buena reputaciÃ ³n. La AILA es la organizaciÃ ³n de EE.UU. sobre abogados migratorios y en su base de datos se pueden encontrar letrados por lugar y por tipo de especialidad migratoria. AdemÃ ¡s, numerosas organizaciones de apoyo a migrantes brindan ayuda o referencia a buenos abogados. Se recomienda tomar este test de respuestas mÃ ºltiples sobre asilo para familiarizarse sobre los puntos principales de este estatus. Puntos Clave: diferencias entre asilo polÃ tico y condiciÃ ³n de refugiado Causas de asilo y condiciÃ ³n de refugiado: haber sido perseguido o tener razones fundadas de que si el solicitante regresa a su paÃ s serÃ ¡ perseguido por su raza, opiniÃ ³n polÃ tica, religiÃ ³n, pertenencia a un grupo social o nacionalidad o por razones de esterilizaciÃ ³n o aborto forzado.Ã ¿DÃ ³nde se pide la condiciÃ ³n de refugiado?: fuera de EE.UU. El trÃ ¡mite lo inicia un RSC, en la mayorÃ a de los casos el solicitante ha sido remitido por el Alto Comisionado de Naciones Unidas para los Refugiados.Ã ¿DÃ ³nde se solicita asilo polÃ tico?: en la frontera de EE.UU. o en el interior del paÃ s, dentro del plazo de un aÃ ±o a contar desde el dÃ a del ingreso, salvo circunstancias especiales.NÃ ºmero de refugiados admitido por EE.UU. en 2018: 22.491. Para el 2019 el presidente Trump ha establecido una cifra mÃ ¡xima de 30.000NÃ ºmero de asilos aprobados: 20.455 (segÃ ºn Ã ºltimos datos publicados oficialmente, que son del aÃ ±o fiscal 2016) Este artÃ culo es informativo. No es asesorÃ a legal.
Wednesday, May 6, 2020
Xiamen university is not onlyl one among the prestigious 21 1 and 985 project universities. but also specialized In accounting profession. Career Objective Seeking for a challenging position in an organization that will allow me to display my xperience and good problem solving skills to make a company grow by solving their problems. We will write a custom essay sample on Elaine or any similar topic only for you Order Now Looking forward to, use my skills for the betterment of the company and to increase my potential as well. Work Experience Deloitte Touche Tohmatsu Limited 10/2012-present Auditor Taiwan, Taipei My experience continues with cross-functional teams on statuary audits, half yearly reviews, financial advisory projects etc. with China Development Financial Holding. Deloitte honed me professionally by giving me extensive experience In undertaking he following responsibilities: C] Review and audit financial Information for stakeholders. Evaluate the effectiveness and competence of the internal control of clients. ? Communicate with clients to accomplish tasks effectively and efficiently. ? Encourge my colleagues when they were under great pressure. Ernst Young Global Limited 07/201 1 -08/201 1 Intern C] Helped colleagues to deal with the about 300 confirmations of the client Ã¢â¬â Cathay Life Insurance Co. , Ltd. In 2days. o corrected a number when the last time footing before the printing the financial tatement for clients. ASUSTeK Computer Inc. How to cite Elaine, Papers
Monday, May 4, 2020
In my essay, IÃ¢â¬â¢m going to prove whether the Johnstown flood was an actual natural disaster or if the people believe it was a sign from God. I will support my thesis with facts from survivors and how they portrayed the flood. Useful verses from the Bible, Genesis, can also support my points of religious reasons being the cause of the flood. I will also use the statements from newspapers and articles explaining what they Ã¢â¬Å"suggestÃ¢â¬ happened. The worldÃ¢â¬â¢s worst known catastrophe occurred May 31, 1889 in Johnstown, Pennsylvania. Due to a poorly designed and constructed dam, the flood was estimated to have killed more than 2,000 people. In the Book of Genesis, there was a flood to end all evil on the earth, which questions why the Johnstown flood occurred. In Genesis, Chapter 9, God establishes a covenant of faithfulness; promising he would never destroy the world again. The Johnstown Flood was a tragedy that happened due to an un-explainable damaged dam, but with similarities relating to the Genesis flood religious aspects could have also had a part in the catastrophe. We will write a custom essay sample on Thesis and Sources for Johnstown Flood or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page My SourcesÃ¢â¬â Ã¢â¬ ¢Slattery, Gertrude Quinn. Johnstown and its Flood. Pennsylvania: Wilkes- Barre, 1936. Slattery wrote this book so everyone will be able to have a sense of the Johnstown flood through her personal experience. She briefly explains her thoughts and how she was feeling at the time. Slattery breaks up the story into different sections; how the town was before and after the flood, the breakage of the dam and her reactions. ItÃ¢â¬â¢s an interesting and captivating story. Ã¢â¬âA Primary source Ã¢â¬Å"ArticleÃ¢â¬ popular Ã¢â¬ ¢The Bible, Genesis. King James Version. I will use the Bible as a primary source when relating to any religious points about the Johnstown flood. Ã¢â¬ ¢McCullough, David. The Johnstown Flood: The Incredible story behind one of the Most Devastating Disasters America has ever known. New York: Simon Schuster Inc, 1968. Paperback. McCulloughÃ¢â¬â¢s book offers a more in depth description on what occurred in Johnstown, Pennsylvania during the tragedy. It gives a powerful historical lesson and analyzes the Johnstown flood to a great extent. McCullough also makes you believe that even though people are in positions of responsibility; they are not necessarily behaving responsibly.
Monday, March 30, 2020
The day had come; it was the Tennis Championship Finals. All I could remember at that time was all the hard work I had possessed in order reach this point, a point where all the high schools in New York City want to be. And most of my fear at this point was whether I could win the championship or lose it all. It wasnÃ¢â¬â¢t just me playing for that championship trophy, it was the entire team, so the pressure was on all of us and I could feel it, as my nerves were moving in all directions giving me goosebumps. My teammates and I had thirty minutes free time before the game, so we got together with our coach, loosened up, took pride in ourselves and looked at the past and what we had accomplished, and set our minds to the championship game and put all of our focus in to it. We will write a custom essay sample on Once More or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The thirty minutes drifted away without us even realizing it, but our minds never drifted away. We were still in focus to meet our opponents and were completely ready to take the trophy back to our school. We called ourselves the Beavers and stepped into the courts as warriors and put ourselves in the battlefield. The game started and I was playing the game at my best with a fierce spirit to win, and so did all my teammates. But unfortunately for me, my opponent seemed to be more skilled and tenacious. With my nervousness pulling me back, I was only able to win one set out of the three sets that were played. The game came to an abrupt end and my adversary had won the game by two sets and defeated me. And what were my feelings? I felt like killing myself. I cursed, yelled even let some tears run out of my eyes, but in the end it was no hope, and I realized that my adversary was just too good for me. My teammates cheered me up and said Ã¢â¬Å"itÃ¢â¬â¢s ok, you did your bestÃ¢â¬ but that didnÃ¢â¬â¢t soothe me at all. I knew I could have done better. In the end, we didnÃ¢â¬â¢t win the championship but still were able to retrieve the runner up trophy. As a team, we realized itÃ¢â¬â¢s not about winning the championship that matters the most, what matters was the hard work, experience, and the fun we had in preparing for this one moment since the season begun. I might not have won the match, but I was not ashamed of it. Instead, I was proud of my accomplishments and was also proud to be part of the Jamaica Tennis Team. As elders say, There are many things that need to be learned in life and my lesson is that as an athlete either you win or lose but donÃ¢â¬â¢t ever regret anything that you did, always feel good about yourself and take the lesson of losing and turn it into winning. It doesnÃ¢â¬â¢t matter whether I lost the championship last season. But this time, itÃ¢â¬â¢s a new season, new game, different tactics but one same goal.
Saturday, March 7, 2020
The Ecological Validity Essay Example The Ecological Validity Paper The Ecological Validity Paper Pennington and Hastie believed that jurorsÃ¢â¬â¢ will construct a story to make sense of evidence and then return the verdict that has the Ã¢â¬Ëbest fitÃ¢â¬â¢ with their story. P and H investigated whether the order of testimony had an effect on the jurorsÃ¢â¬â¢ decisions. The sample used in this study consisted of 130 students from the University of Chicago.Ã The two story-telling strategies investigated in this study are; story order and witness order. Story order is when the Lawyers present evidence in the sequence that events occurred, and witness order is when lawyers present witnesses in the sequence they believe is most likely to persuade the jury (may not be the sequence in which the events occurred, also the benefits of primacy and recency effects are taken into account. Primacy effect is when for example out of a list of 10 words you are most likely to remember the first word; whereas the recency effect claims you are most likely to remember the last word. The study was a laboratory experiment, using independent groups design, with ps acting as jurors in a mock trial. The IV was the order of testimony and the DV was the verdict given. In individual cubicles ps listened to a tape recording of the stimulus trial and then responded to written questions. They were told to reach either a guilty or not guilty verdict on a murder charge. Ps were allocated to one of four conditions. In each condition, the same evidence was presented by the defence and prosecution, only the order of presentation changed (witness or story order). The Results of the study showed that the prosecution were most likely to win (78% of guilty verdict) when they used story order and defence used witness order. Similarly, the defence were most likely to win when they used story order and the prosecution used witness order (only 31% guilty verdict).Ã Pennington and Hastie concluded that order of testimony does affect jurorÃ¢â¬â¢s decisions. In particular, jurors are more easily persuaded by Ã¢â¬Ëstory orderÃ¢â¬â¢ than Ã¢â¬Ëwitness orderÃ¢â¬â¢. P and H also suggested that the reason why 80% of criminal court cases return guilty verdicts in the US is because prosecution lawyers tend to use story order and defence lawyers tend to use witness order. Lawyers use a variety of different techniques in order to persuade a jury, into convincing their clientÃ¢â¬â¢s innocence. Various studies have been conducted into investigating the best techniques for persuading a jury, but the main issue with many of these studies is that they l ack ecological validity. The most common method used in studies investigating persuading a jury, is a laboratory experiment in the form of a mock trial. Mock trials are often used because, people outside of the jury are not allowed into the jury room due to confidentiality of the legal process. One of the main issues with the use of mock trials is that participants often make an individual decision concerning the verdict of the trial, and are sometimes even asked to give a rating of their belief of the defendantÃ¢â¬â¢s guilt. For example in Edwards and Bryan, both of these issues occur, each individual participant gives a verdict as well as a number of ratings concerning their beliefs about the defendantÃ¢â¬â¢s guilt or innocence and their views about an appropriate sentence. As in a real court case the jury is only asked to give a verdict of guilty of innocent, which is made in a group decision, the study lacks ecological validity. Another problem with using mock trials is that there is a lack of consequence, meaning the result/verdict given by the participants has no effect on the trial, as in Pennington and HastieÃ¢â¬â¢s study on the effect of order of testimony on jurorsÃ¢â¬â¢ decisions. Due to the lack of pressure of wrongfully committing someone of a crime/vice versa as well as the lack of emotional stress associated with serving on a jury in a court room. The study is said to lack ecological validity as it cannot be applied to the real world. Mock trials often present the evidence in various ways, for instance in Pennington and HastieÃ¢â¬â¢s study, the evidence is presented to the participants in individual cubicles, where they listen to a tape recording of the stimulus trial. Another form in which evidence is presented is in Cutler, ps are shown a videotaped robbery trial and in Edwards and Bryan, ps are given a transcript of an actual murder trial in California. Although in Edwards and Bran the transcript is taken from an actual case, the study is still lacking in ecological validity as it is a very different way of gathering data on the trial through a transcript or videotape than it being presented by a lawyer in court. Often small unrepresentative samples are used due to the use of opportunity sampling. For example in Edwards and Bryan 74 university students are used, as they are all students, the sample is unrepresentative of a typical jury and therefore lowing the ecological validity of the study.Ã Another way in which persuading a jury, can be investigated is via Ã¢â¬Å"shadow juryÃ¢â¬ , this is an alternative to mock trials, and consists of a group of participants who Ã¢â¬Å"shadowÃ¢â¬ i.e. sit in on a case/trial and at the end come to a verdict themselves, and seeing if their opinions are conclusive with the jurorÃ¢â¬â¢s. Although there are certain advantages to this method such as an improved ecological validity as the participants receive the same amount of evidence as a real jury, presented in a real manner. However the study still lacks ecological validity due to the lack of consequences, i.e. no pressure of wrongfully committing an innocent person and vice versa.Ã Overall research into persuading a jury is often very lacking in ecological validity due to the laboratory method often used in the form of a mock trial. As these studies have a very low ecological validity, the studies lack applicability to the real world and have low validity in results.
Thursday, February 20, 2020
The Differences between Silent Movies and Spoken - Essay Example The following analysis will be concentric upon comparing and contrasting the ways in which material and technique are utilized to leverage different interpretations of good vs evil and the American experience to the viewing audience. Moreover, the analysis will discuss how Ã¢â¬Å"The Maltese FalconÃ¢â¬ , represents a more nuanced and definitive approach to the film noir era as it encapsulates many more varied interpretations of this good vs evil subtheme that is so pervasive throughout the genre. Secondly, this is represented via the way in which Ã¢â¬Å"The Maltese FalconÃ¢â¬ leverages better technology to create a more dramatic cinema effect that more reasonably captures the zeitgeist of the film noir era, the way in which Ã¢â¬Å"The Maltese FalconÃ¢â¬ illustrates the genre through better representation of the American experience is represented. Lastly, the way in which Ã¢â¬Å"The Maltese FalconÃ¢â¬ paints a better nuanced and three-dimensional example of the male charact ers and the identity of what Americanism is and how good vs. evil must be understood. Before delving into an analysis of the comparisons and contrasts between these two films, it must be noted that both of these films have achieved a great deal of notoriety; both within their own times as well as the present era. Film critics and scholars alike have denoted that these two films are representative of some of the very best plot lines, writing, directing, acting, and techniques that the film noir era had to provide. As such, with regards to the films in question, both of these represent to the viewer a flawed lead character. With regards to Ã¢â¬Å"The Thin ManÃ¢â¬ , the main character is a hard-drinking detective that suffers from career burnout and whose personal life is something of a disaster. Even though the same motif is represented within Ã¢â¬Å"The Maltese FalconÃ¢â¬ , the character growth and differentiation is not as labored and comes off as a much more natural explanation as compared to Ã¢â¬Å"The Thin ManÃ¢â¬ . By casting the lead detectives in this way, both of the films are able to provide a much more nuanced interpretation of life and the way in which these characters portray their roles; however, only Ã¢â¬Å"The Maltese FalconÃ¢â¬ is able to do this in a fully convincing manner and one that is the most indicative of the film noir era. Another shared aspect between these two films is with respect to the way in which the detectives fulfill the role of the simple/every man against a system of crime and intrigue that includes money, power, and politics. By representing the flawed character in a fight against such crime and corruption in such a way, Hollywood began to tacitly define the way in which American films would come to be known by the rest of the world for many decades to come; films where the good ultimately triumphs and the evil is ultimately vanquished. The similarity between good and evil and how it is represented/portrayed within these films is something that cannot and should not be dismissed. Ultimately, the reason for why such a high level of focus is placed upon the importance of defeating evil and undermining the plans that these individuals might have with regards to the crimes they intended to commit was integrally tied to the social and political aspects of the world in which these respective films were created.