IRAC Brief Essay Example for Free

IRAC Brief Essay According to United States District Court District of Massachusetts Civil Action 11-10313-GAO (2013), Anderson, Silva, Johnson and Funches contracted through a limited liability company by the name of SLS to perform delivery services work on behalf of HDA (United States District Court District of Massachusetts, 2013). Plaintiffs Case Each driver was provided with their truck Trucks provided to the contractors bore Sears Logo Uniforms bore both Sears and HDA logos Each driver hired their helpers and paid their helpers directly Drivers worked full-time and solely for HDA (while under contract) (United States District Court District of Massachusetts, 2013) HDAs Argument Plaintiffs contracted through SLS and not directly with HDA as individuals; therefore, HDA should not be a litigant in this case Mass. Gen. Laws ch. 149,  § 148B is preempted by the Federal Aviation Administration Authorization Act, 49 U.S.C (See Case 1:11-cv-10313-GAO Document 99 Filed 12/30/13 Page 3 of 5) (United States District Court District of Massachusetts, 2013) IRAC Issue: The issues below are the reasons this case has been brought to court. The court must provide the answers to these reasons in order to begin the rule assessment portion of IRAC (1) Were the plaintiffs (Anderson, Silva, and Funches) misclassified as independent contractors by HAD? (2) Were deductions taken from plaintiff’s wages in violation of wage laws? Rules Below are the rules found in Mass. Gen. Laws ch. 149,  § 148B. These rules must be applied to the facts of the case to assess the fault or culpability of the litigants. Below is cited via United States District Court District of Massachusetts Civil Action 11-10313-GAO (2013). (1) The individual is free from control and direction in connection with the (2) Performance of the service, both under his contract for the performance of service and in fact; and the service is performed outside the usual course of the business of the employer; and (3) The individual is customarily engaged in an independently established trade, occupation; profession or business of the same nature as that involved in the service performed. (United States District Court District of Massachusetts, 2013) Application When looking at the mass general law 149 subsection 148B, we can apply the three stipulations of the law to the case against HDA violating this law. The plaintiffs in the case were acting solely for the purposes of HDA as a delivery service wearing both the seniors and HDA logos on uniforms provided to them. None of the drivers worked outside of the scope of work on subcontracts for any other provider other than HDA, and finally, each driver performed these duties under the direction of HDAs vision. It is clear in this case that circumstances are such that every appearance and performance of duties was done in a way to appear that they were solely employees of HDA in that HDA has violated Mass General Law on salary and wages (United States District Court District of Massachusetts, 2013). When applying this to business setting the business entity hiring subcontractors must stipulate in a written contract as to whether the employee is to be treated as a subcontractor under a 1099 tax form or as a subcontract employee for the business. Under the assumptions made in mass general law 149 subsection 148B, subcontractors are deemed employees if they meet certain criteria within the law. This criteria is easily determined under general operating practices and business owners should be aware of these criteria before hiring subcontractors (United States District Court District of Massachusetts, 2013). Analysis/Conclusion Plaintiffs (Anderson, Silva, and Funches) were misclassified as independent contractors by HDA. It was found that deductions were taken from plaintiffs wages in violation of wage laws. Thus, findings were established through determining that HDA violated the law in place (Mass General Law on Salary and Wages). For the foregoing reasons, the plaintiffs Motion for Partial Summary Judgment as to liability against HDA (dkt. no. 65) is GRANTED. It is SO ORDERED. Business Managerial Setting Application There are numerous torts to consider when reviewing Anderson v HDA: (1) Intentional Tort a civil matter resulting in an intentional act of damages. (2) Unintentional Tort civil matter unintentional acts that results in economic loss, property damage, or physical injuries. (3) Property Torts occur when ones enjoyment of their private property is interfered with by either acts of trespass or illegal conversion of the private property. (4) Negligence a civil matter resulting damages due to the lack of care or duty that is owed. (5) Strict Liability Torts can be criminal or civil and culpability or finding of fault is not a factor, to name a few. The tort that is evident in the case of Anderson v HDA is an Unintentional Tort resulting in an act of economic loss. The wage deduction and mis-classification of employment status have led to the loss of wages and possible benefits to the plaintiffs and their helpers. The issues that arose in the Anderson v HDA civil lawsuit could have been avoided by utilizing an effective risk management process for contracts review and management. Co-employment issues arise in the third party relationships due to the unknown, so it is beneficial to know as much as possible about all relationships that are encompassed for the work at hand. Understanding the Torts liabilities that can arise in the areas of contract language and negotiations will ensure that liabilities are managed early in the relationship building process. An effective way to manage this risk is to identify the gaps that may exist with employment status classification, ensure that necessary tax forms are completed, monitor direct partnership and obtain direct partnership attestations regarding their direct  relationship with their contractors. The next step is to have an ongoing control mechanism in place to monitor regulations and update business checklist and standard operation procedures. Reference United States District Court District of Massachusetts. (2013). Civil Action 11-10313-GAO. Retrieved from United States District Court District of Massachusetts, website.

Examining the American Culture Essay -- Papers

Examining the American Culture In order to understand this immense country that we call America, we need to study the culture. More specifically, we need to study the form of society in America. Is this society changing, or does it remain fixed throughout time? There are many aspects of our society, some of which are: traditions, values, and religion. The many realms of society contribute to a conglomerate culture, which cannot be described simply. The American culture is diverse and constantly evolving due to many various aspects of society, including, but not limited to, religion. It cannot be said that there is one American culture because there is no national language in America. Also, the lack of a single culture is displayed by the strong need for political correctness in America. Finally, it is evident that the culture in America has changed through the years due to changes in American religion. Since language is an essential part of culture, and America has no national language, then America is not tied together with one culture. There are reasons why the U.S. Government has not declared an official language. The most important being that an official language of English would promote xenophobia, making the English speaking afraid of new immigrants or vice versa. It would also deprive the American citizens who do not speak English of some of their basic rights. For example, how could someone vote, or take a driving test, if they do not know the language. On the other hand, immigrants would benefit if they were forced to learn a national language in America. They would be able to receive a better education, find a better job, and participate more completely in society (Gallegos, 1994). The fact that h... ...chings have also been a strong influence on our ignorant society, especially on those who haven’t taken the time to research the doctrines of various religions. Because of the diversity in America, there is no prevalent culture, nor does the culture of tomorrow replicate the culture of yesterday. Bibliography: BIBLIOGRAPHY Gallegos, Bee. (Ed.). (1994). English: Our official Language. New York: The H. W. Wilson Company. Heston, Charlton. (1999). Winning the Culture War, [Online]. Available: http://www.mere-christianity.org [1999, July 5]. Wolfe, Alan. (Ed.). (1991). America At Century’s End. Los Angeles: University of California Press. Author Unnamed. (1999). Roman Catholicism: Christian or Pagan, [Online]. Available: http://www.personal.s1.umich.edu [1999, July 7]. Wickham, R. (1999). Lecture Notes. R/ST 302I. [1999, June 24, July 7].

Poe’s Devices for Heightening the Effect of Terror and Horror in Short Stories Essay

Edgar Allan Poe, an American poet, critic and writer of the XIX-th century, is a world- recognised master of the horror genre. Poe’s Tales of Arabesque clearly demonstrate his talent for cultivation of mystery, terror, and macabre. The process of this horror cultivation is very subtle and complicated. Poe, like an artist of arabesque who intertwines and interlaces flowers into an elaborate pattern, weaves a net of mystery and horror and entangles the reader in it. Poe starts any work ‘with consideration of the effect’ it would have on the reader. All other stages of story creation and literary devices used for it depend on that main effect. Thus, the genre of Poe’s works, their plot structure, type of narration, word choice, and imagery are the devices, with the help of which Poe creates and heightens the effect of terror and horror. Such works as ‘The Cask of Amontillado’, ‘MS Found in a Bottle’, and ‘The Fall of the House of Usher’ serve as vivid examples of Poe’s sophisticated but very effective horror creating technique. The effect produced by the work on its reader largely depends on the genre of this work. It is no mere chance that Poe chooses the genre of a short story for his works of horror. On the one hand, a short story provides the writer with enough space to intrigue the reader, to rouse his interest in the plot. ‘MS Found in a Bottle’, for example, invites the reader to take part in a fantastic adventure in the midst of the stormy ocean. On the other hand, the plot unfolds very quickly, leaving no time for reasoning and meditation, keeping the senses heightened and sharp. Thus the perception of horror deepens and strengthens. Short forms of a short story bind the reader to pay closer attention to every word, to every comma and exclamation mark. Words used to create the atmosphere of terror and mystery become more colourful, more significant and profound: metaphors grow into symbols, symbols – to allegories. In ‘The Cask of Amontillado’, for example, the suspense of something terrible increases with every step Fortunato makes into the depth of the Montresors’ catacombs, with his every cough, with every proposal of Montresor to come back. But the effect of horror is heightened not only by length of a story, but also by its plot structure. A very short introduction or its complete absence and the disjunction placed at the very beginning of the story put the reader into the coarse of events at once. The events are mostly proleptic; being unaware of their meaning readers start experiencing nervousness and alarm, they feel that some dark, arcane mystery is about to uncover. The reversal in a short story comes to the end and it always comes unexpectedly. With the help of this device the writer shocks the reader, greatly intensifying his horror. Thus, terrified with the gloomy atmosphere of the Roderick’s castle and the constant sensation of trouble, the reader gets truly horrified at the sight of Roderick’s dead sister, lady Madeline, suddenly revived to life. The absence of a resolution prolongs the shock from the terrible mystery uncovered; or, as it is in ‘MS Found in a Bottle’, – the mystery that can never be resolved. The manner in which the story is narrated is no less important for heightening the effect of horror than its very plot. Though all the three stories proposed for this study are narrated in the first person, they are told in various types of the first person. These types differ by four main aspects. The first one is the part that the narrator plays in the story and his influence on the course of events. The narrator of the ‘The Cask of Amontillado’ is the central figure of the plot, moreover, he is its moving force. The reality of the story is revealed to us through Montresor’s eyes and is estimated by him. The reader is always with the narrator and as the narrator is a murderer the reader becomes his unwilling accomplice to murder. The horror of being a murderer is absolute. The narrator of ‘MS Found in a Bottle’ is also the central figure of the plot, all the events happen to him and are described by him. Being always together with the narrator, the reader embarks on a dangerous, perilous, hair-rising adventure, which ends as unexpectedly as it begins. Unlike the previous two stories, ‘The Fall of the House of Usher’ is not a story about the narrator. It is Roderick Usher who is in the centre of the plot, it is his mind and his life that we are interested in. But as we are with the narrator, who is an observer and estimator of events, we can only feel the dark mystery of the House of Usher, but can not penetrate into. There is no greater horror than that of mystery and no greater terror than that of the unknown. The second aspect in which the three first person narrations differ is the use of tenses. Poe intentionally tells ‘The Cask of Amontillado’ in the past and presents all the events in chronological order. This device helps the writer to show the mind and actions of an insane person, who carefully plans a murder and methodically carries it out. Because of such step- by-step development of the plot the feeling of horror progressively grows higher and sensations of terror deposit. In ‘MS Found in a Bottle’ the writer builds up the narration in a way to bring the story closer to the reality and to the reader. That’s why he makes use not only of the past tense, but also of the present and even the present continuous. By describing the mysterious ship in the present the writer transports the reader on its deck, makes him feel the tossing of the ship, inhale the salty air. The use of the present continuous in the very end of the story heightens the horror and despair of being ‘amid a roaring, and bellowing, and thundering of ocean and of tempest’. The syntactic structure of the final passage – short abrupt sentences separated by dashes – creates the effect of the stream of consciousness and makes the reader not only the witness, but a participant of the final scene. The three main tenses of ‘The Fall of the House of Usher’- past perfect, past, and future – expand the borders of the events narrated. The past tense helps the writer to describe Roderick Usher as a reserved, mysterious, gloomy, melancholic, and abnormally sensitive person. The flash back made into Roderick’s childhood with the help of the past perfect shows that he has always been that kind of person and all his ancestors were like him. The future shows that though the House of Usher fell the mystery of it will never be solved. Thus the sense of ‘insufferable gloom’ and FEAR, which Roderick and his house arouse in the reader, roots in the ancient past and prolongs itself into the future. The final aspect that makes each of the three stories unique is the structure of the narration. ‘The Cask of Amontillado’ is formed of a combination of dialog, monologue, and description. These are the dialogues here that are of particular interest to the study. Dialogues of ‘The Cask’ are short and abrupt. Answers given to the questions are brief and concrete ( ‘Nitre? ‘ he asked, at length. ‘Nitre,’ I replied. ). This device makes every single word symbolic. Dialogues here are the part of the imagery that helps to draw the picture of horror and expectation of threat. Dialogues of ‘The House of Usher’ differ from those of ‘The Cask’. They are long, descriptive, and complicated. Some dialogues between the narrator and his friend grow into the monologues of Roderick. The final monologue of Roderick composed of broken and disconnected sentences shows the shock of horror Roderick experienced when he felt that Madeline was back from her tomb. This shock extends to the narrator and to the reader. ‘MS Found in a Bottle’ consists of a single monologue. The changing speech of the narrator reflects his mood and influences the mood of the reader. But the main function of this monologue is to create the hostile, tense, and gloomy atmosphere of the confusing reality. The main thing that influences the way in which the story effects the reader is the setting. Poe uses various stylistic devices to create a sinister setting and thus heighten the effect of horror and terror in his short stories. Metaphor is one of the most important stylistic devices. It enables the writer to describe implicitly the thing or notion for which there is no name in the common language, or a feeling ‘which will admit to no analysis’. Thus, for example, the supernatural wild ocean is named ‘watery hell’ or ‘chaos of water’. Simile helps to describe the indescribable in a more explicit form. Such similes as ‘waters rear heads like demons of the deep’, or ‘crew glide like the ghosts of the buried centuries’ arouse associations with death, mystery, and myth. And the comparison of the windows of the house of Usher with blind eyes inspires us to take the house as a living creature, strange and dangerous. Another device, used to animate inanimate objects is personification. Whatever Poe personifies – the wind (‘breath of wind’), silence (‘obstinate silence’), tempest (‘bellow of the tempest’), or air (‘wild air’) -it becomes brighter and more profound. Epithets carry out a chief function in creating the main images of the stories and drawing their sinister and horrifying settings. Thus, the ocean in ‘MS Found in a Bottle’ is described as unfathomable, terrible and thundering; the ship is gigantic and supernatural; the house of Usher is melancholy and ancient, it has bleak walls, dark intricate passages, Gothic archways, vaulted ceilings, and it inspires a ‘sense of insufferable gloom’ and ‘unredeemed dreariness’; the vaults of the Montresors are dark, damp and sombre. Poe frequently uses epithets that show the extreme quality, power, or size of an object described. Such epithets as intolerably hot wind, extreme fury, immense pressure, terrific breakers, and colossal supports form the fantastic reality of Poe’s works. An immense impact on our senses and feelings is made by colour and light words. Poe paints his gloomy settings with four main colours: black, red, grey, and yellow. These colours, however, never repeat those that we are used to, they are always unique and special. Poe sees every subtle hue of the colour and observes the way it ‘behaves’. Red, for example, is presented in two main hues: dusky-red and blood-red; it glares, streams down, or gleams in encrimsoned light. Red is the colour of blood and is therefore associated with pain and murder. Black, ebony black, and deep dingy black are the colours of ‘eternal night’ and ‘pitchy darkness’. They symbolise death, burial, fear, horror, and misfortune. Grey and leaden-hued arouse associations with ghosts, shadows, something elusive, mysterious, and imperceptible. Yellow or sickly yellow is traditionally regarded as the colour of disease, sickness, and insanity. The light in the stories is never bright but is always indiscrete, feeble, sluggish, faintly discernible, ghastly and mystic. And the gloomy setting created with the help of these hues of light can arouse in the reader nothing but the sensation of growing fear. In the conclusion it would be necessary to mention, that Edgar Allan Poe is an unsurpassed master of the horror creating technique. He uses such devices as genre, structure of the plot, type and structure of narration, vivid imagery, settings, colour, and light to heighten the effect of terror and horror in his short stories. The contribution he made into the development of the horror genre can not be overestimated.

Personal Philosophy Of Sports And Physical Activity

The body is always seen as two parts working together, mind and body. We study these concepts as if they were separate, such as biology for the body and psychology for the mind. Taking two different courses, one for mind and body, cause me to develop a dualism philosophy. After taking Kinesiology 305 Historical and Philosophical base of Kinesiology, I started to understand the body shouldn’t be seen as two things, but as seeing both mind and body equally important and should be devoted the same amount of time as well. This ideal is known as Holism. Holism is taught through the following description: sound mind in a sound body, unity of mind, body and spirit, educational through the physical, and education of the physical. Holism allows use†¦show more content†¦The next description is educated through the physical. According to Jesse William, who created that phase suggest if people a whole being, teachers shouldn’t isolate any pure physical activity element, be cause if the body moves the whole body will move as well. Body action can be used as a tool to teach human’s habits and skills that will allow them to become a good citizen. People argue this is dualistic ideology because it you have to concentrate on the physical to get results in the mind. But this shows how the physical aspect can lead to an overall improvement in the mind/soul area. If a person wants to learn how to correctly greet someone, they must learn whether the culture rather accepts bowing, handshake, etc. This indicates the mind/knowledge determines their action which translates the type of person who you are. The final characteristic is education of the physical which implies that our physical nature affects our personalities, goals, and values. 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