Advice Style - Free Essay Example

Sample details Pages: 4 Words: 1294 Downloads: 7 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Advice Essay Did you like this example? The Great Developer Sdn. Bhd.is able to raise objection towards the land acquisition as the company is the land proprietor, which within the meaning of person interested in accordance with interpretation section of Land Acquisition Act 1960 (LAA 1960).[1] However, the grounds that could be raised to challenge had not expressly stated within the provisions of the Act. Such rights are implied in the words of constitution, statute and case law. Don’t waste time! Our writers will create an original "Advice Style" essay for you Create order The acquisition may be objected by the Great Developer Sdn. Bhd. if the Gombak Land Administrator had made a procedural error. A procedural error may be made through delay in any procedural step and non-compliance with S 9(1) of LAA 1960. S 9(1)(b) of LAA 1960 provided that Land Administrator must make a note of the intended acquisition on the registered document of title of the said land upon the publication of the declaration specified under S8 of the Act. It is preliminary step before entering the procedure of land acquisition.The issue of failure to comply with section 9 had been raised in the case of S Kulasingam and Anor v Commissioner of Land, Federal Territory,[2] where the note is only made 2 months the publication of the declaration. Although it was held non-compliance with S9, Federal Court still deemed the late notation as valid because it is not mandatory but mere directory. The Great Developer Sdn. Bhd. may raise this ground if the notation is late more than 2 yea rs as the effect of declaration will lapse at that time. Such delay amounts to breach of natural justice, which is also a ground that will be discussed later. The original proprietor will be granted right to object if there is delay in any stages of the land acquisition, for example, holding enquiry, making an award, making actual payment of compensation.[3] Prior to the amendment of the Act, duration of time which a delay may affects the acquisition, is questionable before the court. In Wan Munah bte Wan Embong dan Lain-lain v Pemungut Hasil Tanah, Kuala Terengganu,[4] an acquisition order was quashed after 4 years the non-payment of compensation. A clear rule that 2 years is given for the whole proceeding to be completed or else the declaration will expires[5], in pursuant to the amendment of S8(4) of LAA 1960 in 1982.[6] The first step of the acquisition proceeding is that the Land Administrator shall make full enquiry into the value of land in accordance with S 12 of LAA 1 960. A delay in holding enquiry may affect the payment of compensation to be delayed respectively. It was consistently held by the court that the delay in enquiry for undue reason will renders the acquisition to be void even in cases before the amendment took place.[7] The next stage in land acquisition process is to determine the amount of compensation or award after the enquiry. According to Pemungut Hasil Tanah Daerah Barat Daya, Penang v Kam Gin Ors,[8] The enquiry is carried out with the purpose of deciding the amout of award and its delay will lead to unjustice. The last stage is the payment of compensation by the Land Administrator. S 29(1) of LAA 1960 stipulates that the payment of the award will be made as soon as possible once the notice of award in Form H had been served. Delay in making actual payment of compensation had been recognised in Wan Munahà ¢Ã¢â€š ¬Ã¢â€ž ¢s case.[9] However, S68A of LAA 1960 had also provided that subsequent disposal of the land acquired t hrough acquisition cannot be invalidated. Its validity is only questionable if there is failure in complying the procedures. In Pengarah Tanah dan Galian Negeri Kedah v Emico Development Sdn Bhd,[10] if a notice of enquiry in Form E is not served, the whole land acquisition process including the enquiry and award made, cannot be held by court as null and void under this section. In other words, the delay must be in an important procedural stages or else the acquisition will still be deemed valid. If the Gombak Land Administrator had delayed in one of the significant stages of the acquisition proceedings, the Great Developer Sdn. Bhd. may has right to invalidate the acquisition. Besides, ground may be raised by Great Developer Sdn. Bhd. is to argue that the land acquisition is in conflict with law. There is a principle of natural justice, Audi alteram partem, which every person has the right to be heard. However, there is no specific section that shows the person interested ent itled to be heard but S13 of LAA 1960 gave power to Land administrator to summon witnesses and examine them on oath. A land proprietor can still raise the breach of natural justice as the matter are quasi-judicial and do affects an individual.[11] Such action is recognised by the case of Oriental Rubber Oil Palms Sdn Bhd v Pemungut Hasil Tanah, Kuantan.[12] In Pemungut Hasil Tanah, Daerah Barat Daya (Balik Pulau), Pulau Pinang v Kam Gin Paik,[13] the High Court decision do recognized there was breach of natural justice in that case. However, it is overruled by the Federal Court decision, which ruled that the principles of natural justice shall be observed by the Land Administrator before he make an award for the land in his full enquiry. If he deliberately disregards the materials submitted by the landowner for assessing the amount of compensation, he is only amounts to breach of duty. This case is criticized by Ainul as it seems the enquiry is only for the collectorà ¢Ã¢â€š ¬Ã ¢â€ž ¢s satisfaction as to the adequate compensation rather than the landowner.[14] The Great Developer Sdn. Bhd. could plead the ground of breach of natural justice in objecting the land acquisition as the company have no chance to be heard in the process of enquiry. It is also can raised that the S 12 of LAA1960 lacked of the detailed procedure concerning the enquiry and so the section shall be interpreted as broad as possible in order to achieve justice, not like the limited interpretation in Kam Gik Paikà ¢Ã¢â€š ¬Ã¢â€ž ¢s case.[15] In conclusion, the Great Developer Sdn. Bhd. may raise the possible grounds above to show objection to the land acquisition. Judicial review could be filed before the High Court to supervise the public office in making decision that whether the decision made within the purpose of the Act. If the objection is successfully raised, the Court will restrain the decision. [1] Krishnan Das Roy v Collector of Patna [1911-12] 16 CWN 327 [2] [1982] 1 MLJ 204 [3] Aibul Jaria Maidin, Principles of Malaysian Land Law (LexisNexis, Petaling Jaya 2008), pg 562-563 [4] [1990] 3 MLJ 120 [5] S 8(4) of Land Acquisition Act 1960: à ¢Ã¢â€š ¬Ã…“A declaration under subsection (1) shall lapse and cease to be of any effect on the expiry of two years after the date of its publication in the Gazette in so far as it relates to any land or part of any land in respect of which the Land Administrator has not made an award under subsection 14(1) within the said period of two years, and, accordingly, all proceedings already taken or being taken in consequence of such declaration in respect of such land or such part of the land shall terminate and be of no effect.à ¢Ã¢â€š ¬Ã‚  [6] Land Acquisition (Amendment) Act 1984 (Act A575) [7] Pemungut Hasil Tanah v Ong Gaik Kee [1983] 2 MLJ 35 at 37; Pemungut Hasil Tanah Daerah v Kam Gin Paik Ors [1986] 1 MLJ 36 2 at 364; Oriental Rubber Oil Palms Sdn Bhd v Pemungut Hasil Tanah, Kuantan [1983] 1 MLJ 315 where the delay of six years in giving the award was considered as inordinate and the award was quashed. [8] [1986] 1 MLJ 362 [9] Wan Munah bte Wan Embong dan Lain-lain v Pemungut Hasil Tanah, Kuala Terengganu [1990] 3 MLJ 120 [10] [2000] 1 MLJ 257 [11] Oriental Rubber Oil Palms Sdn Bhd v Pemungut Hasil Tanah, Kuantan [1983] 1 MLJ 315, pg 318 [12] Ibid [13] [1983] 2 MLJ 390 [14] Aibul Jaria Maidin, Principles of Malaysian Land Law (LexisNexis, Petaling Jaya 2008), pg 560 [15] Pemungut Hasil Tanah, Daerah Barat Daya (Balik Pulau), Pulau Pinang v Kam Gin Paik [1983] 2 MLJ 390

Mass Media and Its Negative Influence on American Society...

Mass Media and Its Influence Negative Influence on American Society nbsp;nbsp;nbsp;nbsp;nbsp;â€Å"It is the power that shapes and molds the mind of virtually every citizen, young or old, rich or poor, simple or sophisticated† (Sweet Liberty, 2000, 1). The media is a part of everyday life in America. News and events outside of one’s home or neighborhood are brought to their area via the newspaper, magazines, radio, television, and the internet. As the quote above mentions mass media, and its components, are very powerful and are capable of influencing one’s mind, as well as their behavior. The images and stories introduced to children and young adults make it difficult for these viewers to distinguish between fact and fiction (Cable News†¦show more content†¦Children are easily swayed and influenced by the many images and pictures presented to them through the media. By high school graduation, children will have spent roughly 50 percent more time in front of a television than in front of a teacher (Dudley, 1999, 32). Par ents, often times, are too drained or pre-occupied with their own lives, leading their children to find comfort in watching television or playing video games which, consequently, become the prime examples for their actions and behaviors. â€Å"For all too many Americans, the real world has been replaced by the false reality of the TV†¦Ã¢â‚¬  (Sweet Liberty, 2000, 2). These children hear the news and watch shows and films where innocent people are being stolen from or being killed, but they have nobody there to teach them the difference between what is real and what is not, what is right and what is wrong. An article printed in Time magazine, titled Suburban Smackdown, is a great example of how the media persuades children to impersonate what they view on television. 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The side effect of that is the fact that the media are very polarized. With the ongoing polarization, we could hypothesize that people would have been more politically educated and oriented if the media was not infiltratedRead MoreMedia Violence And Its Effect On Society1184 Words   |  5 PagesIn recent years, many scholars have begun to examine the negative effects of media violence. There is a debate on whether negative effects directly derive from media violence. Because media violence has been proven to have a negative effect on society, this ess ay will argue that there needs to be more censorship on media violence. I will first examine the influence media violence has on mass shootings. Next I will discuss a study relating to dating violence, certain movies and shows encourage datingRead MoreThe Media And Its Impact On Society Essay1721 Words   |  7 PagesMorrison, an american song writer, singer and poet, once said, â€Å"Whoever controls the media, controls the mind†. 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The Educated Man free essay sample

The Educated Man The educated man is an individual. He marches to the beat of his own drum and is not easily swayed by the opinions of the mob. Yet, he is deferential toward his elders and those more experienced than he. The educated man is on the streets, not in the ivory tower. The educated man is not afraid to get his hands dirty, for he knows that all the knowledge in the world is useless without action. The educated man is articulate, for he knows that all the knowledge in the world is useless if one cannot convey that knowledge to another in a meaningful way. The educated man appreciates the beautiful, disdains the ugly, and has nothing but contempt for the banal. The educated man knows there is absolute truth and his personal philosophy reflects that belief. He believes there are things in this world worth fighting for, indeed worth dying for. We will write a custom essay sample on The Educated Man or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page For he knows that the man who believes there is nothing for which he would die will inevitably discover he has nothing for which to live. The educated man knows that how one spends his leisure time, perhaps more than anything else, defines who that person is. Therefore, the educated man is never at a loss for what to do with his time. The educated man welcomes all trials and tribulations, for he knows they are the best teachers. The educated man believes that the unexamined life is not worth living. Therefore, he is reflective and seeks always to better himself, his family, and his community. The educated man is humble. He knows that the mark of a truly educated person is realizing how little he actually knows. For this reason, his thirst for knowledge and wisdom is never quenched. Alex Fulton

An Englishman in New York †The Problem Of UK-US English in Freelance Writing

An Englishman in New York – The Problem Of UK-US English in Freelance Writing An Englishman in New York The Problem Of UK-US English in Freelance Writing An Englishman in New York The Problem Of UK-US English in Freelance Writing By Colin Some people see the differences between American English and British English as a problem. I see them as an interesting challenge. And although the title to this article might indicate that I’m English, I am in fact, a British Scot. I am also fully aware there is more to the United States of America than the wonderful state of New York, but I felt it made a good title, so I went with it. Why Has This Difference Come About? The English language arrived in the Americas with the advent of British colonization in the early 17th century. As the British Empire grew, so too did the language, which by 1921 had incorporated around a quarter of the world’s population (approximately 470–570 million people). Since that time, the form of English used in the Americas (particularly in the USA) and that used in the UK, have diverged in many subtle ways, leading to the individual dialects now more commonly known as American English and British English, or on Microsoft Word, as US English and UK English. What Are The Differences? The main differences that have developed between the two strains of English include pronunciation, grammar, vocabulary, spelling, punctuation, idioms, and date formatting. A few words have even developed completely different meanings, which can mean something in one dialect, but be a source of embarrassment or insult in the other. Some words may not even be used or are unknown to the other. What Is The Impact? As a freelance writer working from home, I am frequently assigned jobs by companies and individuals, more often than not, from the USA. Telecommuting is an area of freelance writing that I enjoy; working with a local Bed and Breakfast on an advertising leaflet one day, and writing a press release for a US-based dot com client the next. It’s exciting and provides a great way to earn a living. But as this kind of work increases, more often than not I am asked to write articles or essays in the target audience’s own version of the English language. In most cases, this means adapting my work into US English. Is There A Right One Above All Others? No. Clearly it depends on several factors, such as intended readership or editorial preference. A freelance writer should take guidance from both the publication type and the editor when deciding which to use. Where the issue becomes cloudy is when you have a large company with a global audience, or with a company that has separate websites covering different geographical locations. I’ve worked with clients in the past that required two separate articles to be submitted for every one assignment, i.e., one copy of an article in US English for their .com website, and the other in UK English for their .co.uk website. Websites such as our very own Daily Writing Tips, has a global readership, yet the difference in language expectation is highlighted where one readership is of greater number than the other. And so an article written naturally in UK English may stand out against the eye of the US English reader. What Then, For The Freelance Writer? Make a judgment call based on the publication’s intended readership. If there is no information available or it’s too hard to pinpoint, ask the editor. Always remember, though, in the world of freelance writing for the Internet, you won’t be able to please all the people all of the time. But above all, make sure the content is interesting and topical, because if it isn’t relevant, no one will even read it to spot where the differences are. Footnote: Did anyone notice this article was written in US English purely for the benefit of DWT’s US-English speaking readership? Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Freelance Writing category, check our popular posts, or choose a related post below:7 Types of Narrative ConflictThe Possessive Apostrophe25 Idioms About Bread and Dessert

Analysis and Assessment of Baumgartner Jones Agendas and Instability in American Politics essays

Analysis and Assessment of Baumgartner Jones Agendas and Instability in American Politics essays I find a certain amount of difficulty when I attempt to offer an assessment of Baumgartner and Jones work, Agendas and Instability in American Politics. The reason for this is because the book is written in such a manner that it is enormously difficult to offer a conflicting argument to the model they use to describe how issues become part of agenda, the power of interest groups, policy monopolies, how power shifts, and other issues related to the aforementioned. For this reason, I must say that I find their model to be on solid ground. The previous reading assignments in this course which where mostly based on the writings of C. Wright Mills and his protg Robert Dahl read like the thoughts of writers who were desperately trying to convince the reader that they are right. To the contrary, Baumgartner and Jones made no real attempts to sell their research and rather presented their findings and beliefs in a way that seems to say to the reader that this is the way things are. Examples of legislative activity that seem to conform to their model offered to the readers of Baumgartner and Jones are presented in a way that basically shows the reader how their model translates into real life as opposed to an offering of evidence to bolster the correctness of their assertions. The notion of policy monopolies I find to be a very believable concept when describing the formulation, definition and promotion of issues in the American political agenda. Making an issue a taboo or untouchable or dangerous to national security, thus ensuring its longevity, perhaps even immortality. This phenomenon is most visible in the issues of Medicare and Social Security. Both programs are in deep financial trouble, but anyone who advocates even the slightest bit of change in either program is immediately labeled an extremist who lacks compassion for our nations senior cit...

The Realization of Speech Act Requests encountered by Iraqi Learners Dissertation

The Realization of Speech Act Requests encountered by Iraqi Learners of English in Australian Universities - Dissertation Example The direct strategies will compare the respondents on the basis of imperative, performative, statements of obligation & necessity, statements of speaker’s needs and demands, and statements of speaker’s wishes and desires. The conventionally indirect strategies will focus on the suggestory formulae, the hearer’s ability when preparing a query and the hearer’s will when preparing a query. This is followed by the permission requests which are again query preparatory in the conventionally indirect strategies. The non-conventionally indirect strategies include the grounders, the feasibility for the requested act and the availability. At first the respondents were asked specific questions based on the ways in which they behave with other people when communicating or asking for particular requests in order to fulfill their requirements in one way or the other. This distribution clearly shows that the Iraqi learners living in Australia are more conservative and us e the conventionally indirect approach when asking other people for something or requesting other people for help in any of their quests. Most of them rely on the ability of the person they are talking to for their desired queries. This is followed by the ones who put in a permission request in order to satisfy their needs. 4.1 Choice of Strategy in High Power Settings: Question 1: The first question shows that the order questions made by the Iraqi people who have been in Australia for a shorter span of time will be focusing more on the permission request strategy which is conventionally indirect in the Australian English. These people are the ones who have been in Australia for a few months and others and have not been able to adapt the culture and the way Australians behave in a proper way. Almost 31.2% of the Iraqi people living in Australia will follow permission strategy which is followed by the hearer’s ability as 25.74% Iraqi’s were more inclined to use this as part of the request for the query that they may seek to ask for anything they have to. This is followed by the imperative style which takes in 22.86% of the answers of the Iraqi’s. This shows that they will be asking in a demanding way. There was equal distribution of respondents in their perspectives of the needs of speaker’s needs and demands and the speaker’s wishes and desires. This toll was around 8.57% of the 35 Iraqi respondents who were available for this survey. This shows that the Iraqi speakers will make some same and some different choices in terms of strategy compared to Vietnamese and the Australian speakers. Most of the Australian speakers use the permission and the ability strategy in order to make a request. The Vietnamese speakers will also use the imperative strategy along with the permission and the ability strategy. The rate at which they use the permission strategy is the same as compared to the rate of imperative strategy. Comparatively, t he Iraqi people will look forward to the permission strategy mostly, followed with the hearer’s ability when forming the strategy. They will also use the imperative strategy when it is needed but to a lesser extent compared to that of the Australians and the Vietnamese. Question 2: The second question was based on a situation in which one is an office manager who is looking for a document. The document is to be seen immediately after the meeting

The Natural Disaster of Hurricane Katrina Research Paper

The Natural Disaster of Hurricane Katrina - Research Paper Example Before Hurricane Katrina slammed into New Orleans, Louisiana, Mississippi and Alabama, there was a positive impact on the development in education, cultural and economic sectors. For instance, the teachers introduced digital directions in school curriculum and developed school systems that facilitated innovation and industrial revolution. In addition, demographers say that there was an influx of the college-educated newcomers in New Orleans and the number of people joining the university slots remained high. There was the competition for senior schools. Towards the anticipation of the Hurricane Katrina, teachers some of the teachers were making preparations to teach students during their leisure days. The congress disclosed in a report that the education system was running smoothly at the time, with and that it had given about $235 to be used in schools to educated the students. The district before the Hurricane Katrina had enough money to finance the school systems while keeping the ir budgets solvent (Waller, 2013).Furthermore, there was cultural diversity in the areas that were affected by Hurricane Katrina. For instance, the demographic statistics indicate that out of 484, 000 populations of people who were living in the cities, 28 percent were the whites while 67 percent comprised the African-Americans. In additional, there were cherished institutions in New Orleans that was the home to the cultural artifact and the history of the region such as The Camella Grill.