Barney's Entanglements with Various Aspects of Property Law Essay

Barney's Entanglements with Various Aspects of Property Law - Essay Example First his son Opie had used the property as collateral for a loan, and with a payment default the property was being pursued for foreclosure by the lending party. Next Barney finds out that Ernest had been squatting on that property for about two decades, and claimed ownership for that reason. First Barney’s ownership claim on the property is legitimate, under the principle of law called â€Å"joint tenancy with right of survivorship†. The case’s citing this principle is valid, and that Barney had legal right to the mountain property as alleged. The interesting aspect of this principle of law is that when a partner co-owner dies, the law’s operation automatically grants full rights of ownership to the remaining co-owner, with no regard to the power of a will to subvert that operation (Farlex, 2012; James T. Blazek & Associates, 2000). Opie was able to use the land, meanwhile, as collateral on the strength of his stake on this property, from a will by Barne y. There is some legal opening for Barney to explore this aspect of joint tenancy law in order to contest the legality of Opie’s use of the land as collateral for the failed loan. Meanwhile, Barney’s larger problem seems to be that Ernest had usurped the land, and may have legal ground to stake the claim to that land and retain ownership. As the case states, Ernest’s possession of the land is uninterrupted for two decades, is notorious, and for that long period of time uncontested. Under adverse possession law, where usual limitation statutes for contesting ownership is seven or twenty years, Ernest may have a case for claiming legal ownership of the land (Cornell University Law School, 2010). As a lawyer my advice would be for Barney to weigh how much the property means to him versus how much his relationship with Opie means. He can pursue a case contesting the legality of the use of the land as collateral, but there is the matter of Ernest having probable vali d claim to the land that complicates things. Barney here is stuck between a rock and a hard place. On the one end he is being pursued by the lender who wants to foreclose. On the other Ernest had laid claim to the land. There seems to be no easy way out of this. The mountain property maybe a lost cause (Cornell University Law School, 2010; Farlex, 2012; James T. Blazek & Associates, 2000). II. The Beach Property The town authorities cited eminent domain as the primary law principle that justified their appropriating Barney’s property for use to develop the beach front into the Nickelodeon facility that Barney thought so little off. Now eminent domain is a power of the state and of the governments, in this case of the county government, to do such appropriating of private property for particular purposes, but it is not clear in the case that the town itself was the acting developer, or whether the town was citing eminent domain in order to profit a private developer who may be the real owner of the resort. There is the element of eminent domain that the land appropriated must be for the use of the public. In this case, while the resort is supposed to be for the general public, it might be a privately owned enterprise, in which case the use of eminent domain may not be applicable, or valid. There is a case to be made for contesting the right of the town to take away Barney’s beach property, on the basis of the use of eminent domain as the primary excuse is an invalid interpretation of the eminent domain doctrine. In fact, the literature lists exactly

A Technical Analysis of Ergonomics and Human Factors in Modern Flight D

I. Introduction Since the dawn of the aviation era, cockpit design has become increasingly complicated owing to the advent of new technologies enabling aircraft to fly farther and faster more efficiently than ever before. With greater workloads imposed on pilots as fleets modernize, the reality of he or she exceeding the workload limit has become manifest. Because of the unpredictable nature of man, this problem is impossible to eliminate completely. However, the instances of occurrence can be drastically reduced by examining the nature of man, how he operates in the cockpit, and what must be done by engineers to design a system in which man and machine are ideally interfaced. The latter point involves an in-depth analysis of system design with an emphasis on human factors, biomechanics, cockpit controls, and display systems. By analyzing these components of cockpit design, and determining which variables of each will yield the lowest errors, a system can be designed in which the Liveware-Hardware interface can promote safety and reduce mishap frequency. II. The History Of Human Factors in Cockpit Design The history of cockpit design can be traced as far back as the first balloon flights, where a barometer was used to measure altitude. The Wright brothers incorporated a string attached to the aircraft to indicate slips and skids (Hawkins, 241). However, the first real efforts towards human factors implementation in cockpit design began in the early 1930's. During this time, the United States Postal Service began flying aircraft in all-weather missions (Kane, 4:9). The greater reliance on instrumentation raised the question of where to put each display and control. However, not much attention was being focused on this area as engineers cared more about getting the instrument in the cockpit, than about how it would interface with the pilot (Sanders & McCormick, 739). In the mid- to late 1930's, the development of the first gyroscopic instruments forced engineers to make their first major human factors-related decision. Rudimentary situation indicators raised concern about whether the displays should reflect the view as seen from inside the cockpit, having the horizon move behind a fixed miniature airplane, or as it would be seen from outside the aircraft. Until the end of World War I, aircraft were manufactured .. ...anifest. The discussion of biomechanics in chapter three was purposely broad, because it is such a wide and diverse field. The concepts touched upon indicate the areas of concern that a designer must address before creating a cockpit that is ergonomically friendly in the physical sense. Controls and displays hold a little more relevance, because they are the fundamental control and feedback devices involved in controlling the aircraft. These were discussed in greater detail because many of those concepts never reach the conscious mind of the operator. Although awareness of these factors is not critical to safe aircraft operation, they do play a vital role in the subconscious mind of the pilot during critical operational phases under high stress. Because of the unpredictable nature of man, it would be foolish to assume a zero tolerance environment to potential errors like these, but further investigation into the design process, biomechanics, control and display devices may yield greater insight as far as causal factors is concerned. Armed with this knowledge, engineers can set out to build aircraft not only to transport people and material, but also to save lives.

Analyse How Businesses Are Organised Essay

Definition: The way a business is organized internally to enable employees to carry out their job roles and communicate with each other. There are many Organisational structures these organizational structures allow you to know what everyone’s role is in a business and also who they have power over. The business is able to work more sufficiently if they have an organizational chart. Span of control – A span of control is the number of people who report to one manager in a hierarchy. The more people under the control of one manager, the wider the span of control. Less means a narrower span of control. Chain of command – Chain of command is the order in which orders and decisions are passed down from top to bottom of the hierarchy. Line Manager – A Manager who is responsible for achieving an organisations main objective by executing functions such as policy making, target setting and decision making. Purpose of organisational chart: The purpose of an organizational chart is that it depicts the staffing order of a company. It is commonly shown in a hierarchical format; it also helps identify who does what in an organization, how many staff work in the company and what the chain of command is. This information is important to internal staff, HR departments, stakeholders and board members. Why is there a need for an organizational STRUCTURE? It is essential for a business to have an organizational structure because if they didn’t have one the business would be a disorganised mess. Here are the advantages of having an organisational structure. Firstly it would be favorable towards the employees. There would be less inconvenience as the employees who- know who to go to and report to if they have any problems and need a person higher up in the hierarchal structure of the business to sort it out for them. Therefore the workers would know what responsibilities they have and what job they would need to do. Without the structure a business has the employees wouldn’t be able to carry out their jobs and the departments of the business would have too many employees or too little. Moreover both business London Heathrow Marriott and McDonald are allocated nationwide which shows that they need to be able to carry out orders quick and adequately which it also shows they are well organized. London Heathrow Marriotts organ isational structure: Here is London Heathrow Marriott’s organizational chart. London Heathrow Marriott’s hierarchical structure is a Flat centralized hierarchy structure this allows the business to make faster decisions and it allows more responsibilities for the managers and others increasing motivation but this disallow to fewer opportunities for promotion leading to lower self-confidence. the advantages of a flat hierarchical structure for lhm: A wide span of control is an example of an organizational structure and where additional employees are at an equal level instead of being superior to one another. This is an advantage to the London Heathrow Marriott as it tells us that there are fewer hierarchies consequential in an easier and faster communication. Also there would be fewer employees working at the top of the hierarchical structure which means it would cost the hotel less money. This shows that employees lower in position are not constantly maintaining authority and being managed which will make the workers more persistent and give incentive to achieve their responsibilities to the best of their abilities. This will give confidence to the employees to work to the best of their abilities and show that they are committed to their job which could lead to receiving a promotion which shows that London Heathrow Marriott don’t have to spend more money in order to train new employees. This also shows that London Heathrow Marriott are not losing any sufficient amount of money which they can spend on something else and it also shows that they are achieving their aim of making ‘ £20million per annum’ of profit. In addition to being able to communicate without any trouble there is also â€Å"excellent team spirit†. Disadvantages of a hierarchical structure for lhm: Even though there are lots of advantages to having a flat hierarchical structure it has its disadvantages. When some employees have other boss’s it shows that it is a flat hierarch in a business. This is sometimes not meant or adapted for a particular purpose and can cause lot of Trouble or difficulty caused to one’s personal requirements or comfort, they may find it distressing being controlled from more than one boss’s. Also there is less control within the business as there is only one manager per department and it would be harder for the manager to keep track of each inferior to who they are in charge over. This shows that there is a large area of responsibility this might direct to some tasks that a business wants to achieve to be completely inefficiently meaning that they want to do things without any trouble which can effect the business as a loss for the business as there might be a problem but if it hasn’t been fixed or repaired after a period of time and if the person in charge of the people lower in the chain e.g. trainees, employees might be dealing with a lot of staff but some jobs and prospects of a business might be at risk of no longer existing. Therefore there will a less chance of getting promotions as a flat hierarchical structure as described in the hierarchical chart, there are more people lower in the chain than there is of superiors leading to lower morale. how flat hierarchical structure helps LHm achieve its aims and objectives: One of the objectives London Heathrow Marriott wish to achieve is; â€Å"75% of guest’s to be satisfied†. The hierarchical organizational structures lead staff a clear principle to what their job is and the aims and objectives they should meet. With a flat hierarchical structure there is less confusion for employees and also many customers are satisfied, especially when the employees in the business know what they are doing. London Heathrow Marriott also want to achieve;â€Å"Labour turnover less than or equal to 25%†.By having a flat hierarchical structure in the business shows that rules within the business are made faster, furthermore managers are able to take actions quicker to any worries which a employee has. Hence employees will feel as if their need and concerns are heard out and met so they wouldn’t have any reason to leave the business. McDonalds organisational structure: Here is McDonald’s organizational chart. McDonald’s hierarchical structure is a flat plan. Where there is one manager who is in control of the other assistants and employees. He takes all the decisions and he is in charge of the main functions. This makes it very simple for the staff because all they have to do is selling. This way they can pay more attention to the customers, so I think this is indeed the best structure for a McDonald’s restaurant. But the McDonald’s corporation has a hierarchical structure. This is a huge company with lots of different departments which has to be organized very well, because if the employees aren’t directed in the right way they won’t do their jobs right. So this way it is all ordered and the people can work undisturbed, this saves time and money for the business. the advantages of a flat hierarchical structure for McDonald’s: The advantages of a flat hierarchical structure for McDonald are that faster decision can be made so that they wouldn’t have to waste time on making decision and make quick profit. Also there is a shorter channel of communication so that employees can find out any necessary information which they need to know. It is also more cost effective as Flat Organisation is less costly because it has only few managers. It also creates fewer levels of management. It is more suitable for routine and standardized activities. Disadvantages of a hierarchical structure for McDonald’s: There are chances of losing control because there are many subordinates under one manager this will result in bad discipline in the organisation as they have lost control. ——————————————– [ 1 ]. Business text book [ 2 ]. Business Dictionary [ 3 ]. Business Dictionary [ 4 ]. http://www.businessdictionary.com/definition/line-manager.html [ 5 ]. Interview with HR Manager Anna Foley [ 6 ]. Interview with HR Manager Anna Foley [ 7 ]. Interview with HR Manager Anna Foley

Abortion A Controversial Issue - 989 Words

1.21 million─that is the average total of abortions performed annually in America (operationrescue.org). Abortion is a very controversial issue in the United States and all across the globe. First, I will discuss the different types of abortion. Next, I will explain when the abortions are performed. Then, I will share some of the laws regarding abortion in the United States. Finally, I will express my views on abortion. Abortion should be illegal in all states. First, I will discuss the various types of abortion. There are three common types of legal abortion existent in the United States today─the abortion pill, aspiration, and dilation and evacuation. The abortion pill is often called medication abortion, but its scientific name is mifepristone. The first step for this is to have a physical examination by a doctor, and then the health care provider can give the pill that works by stopping the hormone progesterone, which causes the lining of the uterus to break down. A long with the abortion pill itself, antibiotics are received from the health care provider. A second medication, misoprostol, is taken 24 to 48 hours after the abortion pill to empty the uterus. Two weeks later, a follow up examination will take place to confirm that the abortion was successful and that the woman is healthy (Planned Parenthood). Aspiration, or vacuum aspiration, is another form of abortion, and it takes place in a clinic. This works by emptying the uterus with suction using a manual syringeShow MoreRelatedThe Controversial Issue Of Abortion878 Words   |  4 Pagesrecent discussions of abortion, the controversial issue has become whether or not women should be given the right to take their unborn child’s life away. Many believe in all having the right to live while others believe in the right to be given a choice. Women do not want to be given restrictions, they want to be able to have a voice when making decisions. With abortion women have a hard time makin g their decision based upon the judgement others make if the decision of abortion is followed throughRead MoreAbortion : A Controversial Issue1256 Words   |  6 PagesAbortion is a very controversial issue. To first start out abortion is the deliberate termination of a woman’s pregnancy, most often performed within the first 22 weeks of pregnancy. People can either be pro-choice or pro-life for abortion. Being pro-choice means that people believe that it is a woman’s choice to get an abortion if they want one. Pro-life means people believe no matter what if a woman is pregnant they should have the baby; no abortion. I intent to explain why women who get pregnantRead MoreAbortion : A Controversial Issue Of Abortion Essay2668 Words   |  11 PagesAbortion is terminating a pregnancy before the fetus has been born. Abortion has been and still is very controversial and has had an increasing amount of cases all over the world. In 2000 there were over one million abortion s in the United States (Harper, et al., 501). Abortion is one of the most common procedures women undergo. According to the current abortion rates about thirty percent of women will have an abortion by the age of forty-five (Jones and Kavanaugh, 2011). Most abortions are attributedRead MoreThe Controversial Issue Of Abortion1555 Words   |  7 Pagestopic of abortion in the United States has been and remains one of the most controversial issues in western culture and politics. An abortion can be defined as the expulsion of a fetus from the uterus before it can survive on its own. This comprises two major forms of abortion: spontaneous, which is often referred to as a miscarriage or induced abortion, which is the deliberate termination of a pregnancy. The term is commonly used to refer to the induced abortion, and this is the abortion, which hasRead MoreThe Controversial Issue Of Abortion865 Words   |  4 Pages Today, people have the right to voice their thoughts regarding a topic, rather they’re different or alike, creating a new philosophy about it, or supporting the traditional belief. In regards to the topic, Abortion has been a subject of controversial matters. Some believing they have the right to do such an act while others would absolutely disagree. Before supporting such an act or not, we typically take into consideration the goods and bads of the action first. While taking a life might be oneRead MoreAbortion : A Controversial Issue911 Words   |  4 PagesAbortion is a controversial issue in many countries all the time and there are always two sides of abortion. Pro-life supporters believe that abortion is immoral, so they argue that it should be illegal because an unborn baby is life. However, they do not figure out that woman who is on the inevitable situation such as infection, rape, or extreme poverty would still have the abortion even though the abortion is illegal. Many women die due to unsafe abortion, which is illegal and performed by uneducatedRead MoreAbortion : A Controversial Issue843 Words   |  4 PagesAbortion Abortion has been a very controversial issue in the United States for the past several decades. Many people think that is it morally wrong. To say that something is morally wrong is an opinion. Since everyone’s opinions are different on this topic there have been many court cases and protests against abortion. However there are a lot of people out there that believe that abortion is a rightful decision. My personal opinion on the abortion controversy is that every woman should have theRead MoreAbortion: a Controversial Issue1159 Words   |  5 PagesAbortion: A Controversial Issue One of the major controversial issues confronting the society today is abortion. I choose abortion as the topic of discussion since it contradicts my values and beliefs. Abortion is the extraction of the human fetus from the mothers womb with an intention to end the life of that fetus prior to its natural birth. The controversy surrounding abortion is whether it should be legalized or not? In my opinion, abortion is morally and ethically wrong because it leadsRead MoreAbortion : A Controversial Issue882 Words   |  4 Pagesconsider abortion as a rightful act, and abortion is a name of destroying human life. Now a days our society faces several types of issues Abortion is one of the complicated issue for both ways health and society that’s why abortion become a very controversial issue that’s become debatable in politics. In addition, these researches will describe the different issues of abortion, such as, legal laws on abortion, restriction of abortions, rate of ab ortion and consequences of the abortion. Abortion isRead MoreThe Controversial Issue Of Abortions1443 Words   |  6 Pageslooking at them. This includes their reproductive system, which worldwide has caused many controversial issues that will be further looked upon throughout this paper. When the word â€Å"Abortion† is heard, a heated argument often arises between couples, families, governments, and most commonly throughout women’s minds around the world. Over the past hundred years, the topic of abortions has been an ongoing issue. Many people agree to this practice, while others see it as completely absurd. In the past