Florida V Riley Case Brief Essay Example for Free

Florida V Riley Case Brief Essay Legal Citation: 488 U. S. 445, 109 S. Ct. 693, 102 L. Ed. 2d. 835 (1989) Procedural History: The respondent, Michael A. Riley, was charged with possession of marijuana under Florida law. The trail court granted his motion to suppress; the Court of Appeals reversed but certified the case to the Florida Supreme Court, which rejected the decision of the Court of Appeals and reinstated the trail court’s suppression order. The Supreme Court granted a writ of certiorari for Florida to review the decision of the Supreme Court of Florida. Question: Is surveillance of the interior of the partially covered greenhouse in a residential backyard from a vantage point of a helicopter located 400 feet above the greenhouse constitutes as a ‘search,’ for which a warrant is required under the Fourth Amendment and Article I, Section 12 of Florida Constitution? Facts: In this case, the Pasco County Sheriff’s office received an anonymous tip that marijuana was being grown on the respondent’s property. When the investigating officer discovered that he was not able to see the contents of the green house by the road. All he was able to see was a wire fence surrounding the mobile home and the greenhouse with a â€Å"DO NOT ENTER† sign posted on the property. He then circled twice over the respondent’s property in a helicopter at the height of 400 feet. With his naked eye, he was able to see through the openings in the roof, since there had been two missing panels, and identify what he thought was marijuana growing in the structure. A warrant was later obtained based on these observations, continuing the search revealed marijuana growing in the greenhouse. Which lead, the respondent, Michael A. Riley, to be charged with possession of marijuana under the Florida law. Decision: No. The surveillance of the interior of the partially covered greenhouse in a residential backyard from a vantage point of a helicopter located 400 feet above the greenhouse does not constitutes as a ‘search’ for which a warrant is required under the Fourth Amendment and Article I, Section 12 of Florida Constitution because helicopters are not bound by the lower limits of navigable airspace allowed to other aircrafts. Any member of the public could have legally have been flying over Riley’s property in a helicopter at the altitude of 400 feet and could have observed Riley’s greenhouse. Nothing implied that the helicopter interfered with respondent’s normal use of the greenhouse or the other parts of the curtilage. Therefore, the police did not violate his Fourth Amendment, right to privacy. Judgment: Reversed Principle of Law: The reason the court reserved the decision of the Supreme Court of Florida is because there is nothing in the records that suggest the helicopters flying at 400 feet are sufficiently rare in this country to lead substance to respondents claim that he reasonably anticipated that his greenhouse would not be subject to observation from that altitude.

Relevance of the postal rule of acceptance

Relevance of the postal rule of acceptance Write an assignment on the rationale relevance of the postal rule of acceptance in the 21st century by analyzing the possibility of acceptance by post according to the current practice. A formation of a contract requires an agreement, it follows that, in order for such agreement to be reached, there must be an offer made by one party which is accepted by the other. An acceptance is that, a final and unqualified expression of assent to the terms of an offer. To discover whether an agreement has been reached under a classical contract theory, an acceptance which matches the offer that has been made is required. In regards to an acceptance, the mode or communication of an acceptance can be broken down into a various components depending on the circumstances. An acceptance can be made or communicated through conduct, silence, private courier, internet transaction, electronic communication and last but not least, by post. In this modern world, communication can take in many forms. That being said there might be delayed in between the sending of an acceptance. The rule applied here is that no communication is effective until it is received and understood by the person to whom it is addressed. This however, does not apply to the postal rule. The postal rule is an exception to the general rule an acceptance must come to the attention of the offeror. Basically, this rule can be defined as a rule of contract of law that makes an exception to the general rule and the principle stated was that, a contract is formed as soon as the letter of acceptance is posted, rather than when they are communicated. The rule is designed to remove uncertainty from the contract formation process. It provides the offeree with confidence that an acceptance once posted will be effective, even if the postal system delays delivery of the acceptance beyond the offer date. The main reason for this rule is historical, at the the tim e when postage of a letter is slower and less reliable than it is today, in the 21st century. In the practical implication of the postal rule today, it is easier to prove that a letter of acceptance has been sent than to prove whether it has been received or reached the attention of the offeror. The postal rule was established around the 19th century, as can be seen in the case of Adam v Lindsell. The fact of the case in brief; the defendant sent a letter to the plaintiff offering wool for sale, and asking for a reply in course of post. The letter than was misdirected by the defendant, and arrived later than it would have been. The plaintiff replied at once accepting, but the defendant, having decided that because of the delay the plaintiff were not going to accept, had already sold the wool elsewhere. The plaintiff then sued for breach of contract. The court held that to require a posted acceptance to arrive at its destination before it could be effective would be impractical and inefficient. It would be much better if, as soon as the letter of acceptance is posted, the acceptor could proceed on the basis that a contract had been made, and then take action accordingly. The plaintiff therefore succeeded: the defendant was in breach of contract. The offeror, to have a change in mind or a withdrawal of the offer, or made an offer with someone else is possible but nevertheless, the court looked into the conduct business would be better served by giving the offeree certainty, thus the postal rule was created. In addition, acceptance is also effective on posting, even when the letter is lost in the post. It does not matter that the letter is delayed in post, the offeror is still bound. In this case, Mr. Grant applied for shares in the Household Fire and Carriage Accident Insurance Company. A letter of allotment then was posted to the defendant, but it never reached him. When the company went bankrupt, Mr. Grant was sued for the outstanding payments on the shares, the issue here was, whether Mr. Grants offer for shares had been validly accepted, and whether there was a binding contract for him to settle the payment. It was held that there was a valid contract, because the rule for the post is that acceptance is effective even if the letter never arrives. There is difference between acceptance and revocation of an offer by post. Acceptance of an offer takes place when a letter is posted while revocation of an offer takes place when the letter is received. (Facts: Defendants mailed offer to sell tin plates to Plaintiffs on October 1. Offer was received by Plaintiffs on October 11 and immediately accepted via telegram on the same day; acceptance was subsequently confirmed by Plaintiffs by letter on October 15. Defendant mailed a revocation of offer on October 8, which was received by Plaintiffs on October 20, after Plaintiffs had already made assurances to sell the tin plates to another party. Plaintiffs brought action against Defendant for breach of contract and failure to deliver.) However, there are some limitations to the postal rule. First, it can only apply to acceptances and not to any other type of communication for example an offer or a revocation. Second, it only applies to letters and telegrams. It does not apply to instantaneous methods of communication such as telex or probably, fax or email. Besides that, it must also be reasonable to use the post as the means of communication, for example, an offer by telephone or by fax might indicate that a rapid method of response was required. Moreover, letters of acceptance must be properly addressed and stamped. Lastly, the rule is easily displaced, for example, it may be excluded by the offeror either expressly or impliedly. In Holwell Securities Ltd v Hughes, it was excluded by the offeror requiring notice in writing. It was also suggested by the court that the postal rule would not be used where it would lead to manifest inconvenience. The question should ask in this circumstances is can a letter of acceptance be cancelled by actual communication before the letter is delivered? There is no direct English authority on this point. The argument against is because once a letter is posted, the offer is consider accepted and there is no provision in law for revoking an acceptance. This point is supported by the New Zealand case of Wenckheim v Arndt and the South African case of A to Z Bazaars (Pty) Ltd v Minister of Agriculture (1974). Cheshire argues that it would be unfair to the offeror, who would be bound as soon as the letter was posted, whereas the orreree could keep his options open. On the other hand, the argument for in this question is because there is some support for allowing recall in the Scottish case of Dunmore v Alexander (1830). It is argued that actual prior communication of rejection would not necessarily prejudice the offerror, who, by definition will be unaware of the acceptance. It is also argued th at it would be absurd to insist on enforcing a contract when both parties have acted on the recall. This however, could be interpreted as an agreement to discharge. On the other hand, however, in the modern age of the 21st century, without further explanation, the technology is beyond our imagination. The mode of forming a contract, say, for example, an offer, acceptance and the invitation to treat are technically relying on the electronic communication. The infamous mode of an acceptance in the world today the email, can be made by a simple click. An electronic mail is often being seen as a digital necessity of the postal system, of course, in the modern age. Therefore, the postal rule can apply to the acceptance sent by the mail. Although it is generally accepted that postal communications sent via the Royal Mail do benefit from the rule, other methods of accepting does not benefit from the rule. However, to determine whether a postal rule is applicable to the acceptance by mail, some methods of communication benefit from the rule or not needs to be ascertained. The still ongoing argument is that the postal rule only applies when the offer co ntemplates acceptance by non-instantaneous means of communication. In conclusion, and increased reliance on electronic communications, it is perhaps time the postal rule was restated for the 21st century. A possible reformulation would focus on the non-instantaneous nature of communications which benefit from the rule. Perhaps the new rule should state that, where an offer contemplates acceptance by a non-immediate form of communication, that acceptance is effective from the time it leaves the acceptors control. Such a definition would remove the need for a trusted third party and would encompass all non-instantaneous methods of communication (including those not yet invented). It does though require that methods of communication can be split into immediate and non-immediate, a distinction that may become blurred with future technological advances.

A Sense of Pathos in Journeys End :: R.C. Sheriff Journeys End Literature Essays

A Sense of Pathos in Journey's End How Does Sherriff Create a Sense of Pathos in Act Three Scene Three of the Play? Act Three Scene Three in the play is ultimately the point in which all of the dramatic tension comes to a tragic climax. This sense of pathos is achieved by a number of different factors. The first is that the scene begins with an emotive description of the atmosphere, describing the ‘intense darkness of the dugout is softened by the glow of the Very lights’ and the ‘distant mutter of the guns’. There is also a frequent reference to the cold, which helps to reflect the bitterness of war. The men in the dugout are clearly trying to keep things normal in order to try and suppress their fears about the approaching German attack, for example Trotter sings to himself and Mason fusses about tea and drinks. However it is also clear that there is an underlying tension in the unnerving stillness of the atmosphere at this moment in the play. The men coping with their fears through trivial matters are contrasted with Hibbert, whose fears are not so well concealed. It is at this point that Stanhope’s caring personality and good leadership skills are visible, when he gets water for Hibbert and sends Mason up to keep him company. The more we empathise with Stanhope, the greater the tragedy when he is killed. We also see that the attack is steadily building as the noises of the shells and minenwerfers increase, and the demand for stretcher-bearers becomes more frequent as soldiers are being injured. This relentlessness of the battle portrays how merciless and horrific life on the front line was. When Raleigh is hit, the first thing we learn is that it has broken his spine and so understand that his condition is most likely fatal. Stanhope then commands that he is brought down into the dugout, which was unusual for a soldier to be treated in this way. A great sense of pathos is created in the conversation that takes place between Raleigh and Stanhope. The first way in which this is achieved is by the way in which the address each other, through use of their first names as opposed to Raleigh and Stanhope. This indicates a revert back to the memories of when they were best friends in school and shows Stanhope’s compassionate nature. We also greatly admire Raleigh because he still feels compelled to fulfil his duty, despite being critically injured. As with Stanhope, this sympathy felt by the viewer helps to intensify the tragedy of his death. There is a sense of irony in the fact that Stanhope lays Raleigh down

Application of Leininger Theory Essay -- Health, Diseases, Prostate Ca

Prostate cancer is a leading cause of mortality and medical expense in men age forty and above. However, it has only recently become a topic of conversation to men in America (Plowden, 2009). African-American men are affected by prostate cancer at a disproportionate level over all other men. They are diagnosed up to 65% more frequently and the mortality rate is twice that of their Caucasian counterparts (Emerson, 2009). So why is the African-American male less likely to take advantage of prostate cancer screenings even when it is free (Oliver, 2007)? Current state of the science Today, prostate cancer is usually detected through screening, and there are two methods for early detection. The prostate-specific antigen test (PSA) is used, but there are many factors that can influence the outcome of the PSA test. Medications such as antihistamines, physical exertion or recent ejaculation can raise a PSA level (Gray, 2009). The test itself was intended for staging the presence of known prostate cancer and is less reliable when used alone (Oliver, 2007). Another test for early detection of prostate cancer has been the digital rectal exam (DRE). Although DRE is a better method for early detection, it is also a hindrance among men, particularly African-American men, to screening and early detection (Plowden, 2009). According to American Cancer Society (ACS) and American Urological Association (AUA), the PSA and DRE should be offered annually for all men beginning at age 50 (Gray, 2009). However, they also recommend that African-American men with a family history of prostate cancer should begin testing by age 45 (Plowden, 2009). However, due to the cultural barriers to prostate screening such as lack of understanding, traditions, mist... ...efits of early detection versus late discovery; provide easy access to screening and the follow-up phase of the intervention; and maintain confidentiality. Peer group discussions with professionals have shown to aid in getting better compliance (Plowden, 2009). Conclusion The African-American males’ decision making process when considering prostate cancer screening is influenced greatly by cultural mores and beliefs. These cultural beliefs often lead to a lower rate of compliance to free screening versus all other races i.e. Caucasians, etc. Leisiniger’s cultural diversity theory can be used to effectively educate and increase compliance by teaching practitioners ways to overcome these cultural barriers. By following the concepts of care, caring, and understanding feelings of self, as well as the feelings of others, it is possible to overcome cultural barriers.

The Death Penalty Is Unfair, Inhumane, and Ineffective Essay -- anti-c

Although the Eighth Amendment of the U.S. Constitution clearly prohibits â€Å"unusual and cruel punishment†, the United States Supreme Court in the 1947 case of Louisiana ex rel. Frances v. Resweber ruled that the death penalty is not cruel or unusual, and it is still in practice (Hartley 1). While all the other democratic countries have already abolished the death penalty, it is still legal in most of the states. As for today, thirty-five out of fifty states have capital punishment statuses. The state of Texas â€Å"had carried out slightly more than a third of all the executions in this country† (Death Penalty Progress). An issue of should or should not the death penalty be constitutional is at its rise for about three decades now, since the Supreme Court reaffirmed its acceptance of the use of capital punishment in the 1976 Gregg vs. Georgia case (Hartley 1). The arguments for and against the death penalty are strong on both sides, but the capital punishment should not be constitutional in such a civilized and democratic country as it is the United States of America. There are many people who see the ultimate punishment as essential castigation of those who do not value a human life. Nevertheless, there is a risk of executing an innocent person. A case of Cameron Todd Willingham may be just one example. He was convicted to the capital punishment for setting a fire and thus killing his three small children. After remaining on death row for 12 years, he was executed in Texas in 2004, but later â€Å"rigorous scientific analysis has since shown that there was no evidence that the fire in a one-story, wood frame house in Corsicana was the result of arson, as the authorities had alleged† (Herbert 1). Moreover, as Death Penalty Information Cen... ...015. http://www.amnestyusa.org/our-work/issues/death-penalty/us-death-penalty-facts/death-penalty-and-race â€Å"Death Penalty Progress.† Dallas Morning News, The (TX). (Dec. 2013): A14. Web. 30 Dec. 2015. Enquirer, Cincinnati. â€Å"Death penalty not a good answer to crime.† National Coalition to Abolish the Death Penalty. 27 July 2012. Web. 3 Jan. 2015. Hartley, Rogen. "Capital punishment." In Schultz, David, ed. Encyclopedia of American Law. New York: Facts On File, Inc., 2002. American History Online. Facts On File, Inc. Web. 30 Dec. 2015. Herbert, Bob. "Innocent But Dead." New York Times 1 Sept. 2013: A29(L). InfoTrac Newspapers. Web. 3 Jan. 2015. â€Å"There Is No ‘Humane’ Execution.† The New York Times 14 Dec. 2014: A30. Web. 4 Jan. 2015. â€Å"Top 10 Pros and Cons. Should the death penalty be allowed?† Death Penalty.ProCon.org. N.p., 2014. Web. 4 Jan. 2015.

Allegory of Human Nature in Lord of the Flies Essay

Oxford University Press Dictionaries defines an allegory as â€Å"a story, poem, or picture that can be interpreted to reveal a hidden meaning, typically a moral or political one† Many people read in William Golding’s Lord of The Flies as an allegory. There’s no question that it can be looked at as a symbolic story, however, the question is what Lord of the Flies is an allegory of? One way this novel can be looked at is as an allegory of human nature. In other words, this story can be seen as symbolism of how humans behave and show their true colors when placed into a survival situation. Various characters in Lord of the Flies could be thought to symbolize different qualities of human nature. Ralph, Piggy, and Jack are three extremely influential characters and all three of them represent both sides of human nature: good versus evil. Ralph symbolizes the good in humanity in Lord of the Flies. The name Ralph derives from the Anglo-Saxon language and means â€Å"council. † As commander of the conch, Ralph was voted chief of the boys on the island; and from this point, his name became affiliated with council and government. Throughout the story, Ralph never gave up on his views and priorities, them being to get off the island. Ralph also, in terms of Lord of the Flies, symbolized civilization and order. He established order and civilization on the island at the first meeting by creating a main goal, priorities, and gave out positions such as the hunters and his right hand man, Piggy. Ralph was the only outlet of hope towards the end of the book and he was able to follow through and survive without falling into the savage state like the others. In this novel, Piggy symbolizes intelligence and logic. From the beginning, by finding the conch and recognizing its importance, he has always been the voice of intelligence and insight. One may say that piggy may be more logical and objective and therefore describe him as being left-brained. He uses his logic at many points throughout the book in such times as when he wanted to take attendance or when make the sundial. Piggy has good intentions for his ideas, however, because of his lack of confidence and his physical appearance, he is shot down by most of the other boys. He is a great example of symbolism for human nature in Lord of the Flies because for one, he and Ralph both make up a nearly perfect leader with intelligence, leadership, logic, and insight. Also, it is important to connect that insight, being Piggy, was shot down and made savage by the hunters.

Functionalist Perspective Essay

My favorite perspective in sociology was learning about the functionalist perspective aka functionalism. I do know that it is one of the major concept theories and perspectives in sociology. From class we learned about Emile Durkheim’s interest in this theory on how social order is possible on how society remains relatively stable through functionalism. â€Å"Functionalism does interpret every part of society on how it all contributes to the stability and the survival of society†. I guess the reason why I liked the study of functionalism is for the same reason why I like to be a functional person, I love for there to be order and I believe that everybody plays a role in that sense, either they know they are playing that part unknowingly or they do know and they are part of the order. I cannot stand for dysfunctional people especially when it can have a negative impact on a group or society. For example some of the TV shows out there like the Simpsons, family guy, two an d a half men show our children how to grow up in such a family with the understanding that such a manner that being dysfunctional is normal but it’s not. Dysfunctional families carry it on to their kids and people they are around, this can be a direct result of their parents and may also be affected by addictions, such as substance abuse like drugs and alcohol. I have seen this all my life and it just kills me to be around it, not to mention everyone that knew who has been through it always make it out alive normal. I have never liked conflict so the conflict theory goes out the window for me, but we all know that there has to be conflict in order for functionalism to work. Ying and yang is how I see the big picture. Without order stability, cohesion, and consensus, or society would be in complete chaos, and we would live in an anarchy society instead of a functional one. Sociology is the study of society, and the social interaction at all variety of levels so where there is functionalism there has to be conflict theorists like Karl Marx who showed us social conflict theories are perspectives of sociology that emphasize the social, political, or material inequality of a social group, that critique the broad socio-political system, or that otherwise detract from structural functionalism and ideological conservatisms. I do have to agree with his work against the capitalist system and how there is a thing called social inequality. Like him I also agree that wealthy and being rich doesn’t always come from hard work through and achieved status, yet it comes from ascribed status. One thing I really  appreciated was in our sociology book always in every chapter they did a break down on all the theories from functionalist, conflict, feminist, and symbolic interactionist. They gave you examples what each perspective looks at compared to the other, and before I took sociology my eyes were totally closed to what I only seen for my perspective. Like when it comes to culture, you know that I ‘am very much into to culture, only because I had an opportunity to travel the world and see all the cultures out there. I can see how generations of culture can be passed down from father to son, or mother to daughter, from grandparents to grandchildren. I only wish that here in the U.S we could have a little more appreciation for keeping the culture real, and maintaining the building blocks of our own culture. I do know that we have a lot of multiculturalism here in the United States, and as a result of that we all can benefit from having this. I know firsthand only because most of us Air Force guys love cultural universals and that is good food. Just outside of my base within a mile strip we are so lucky to have amazing Tai food like (Paw Graw), Vietnamese food (Pho ha), Mexican food (Mexican Kitchen), American food (Toms Burgers), Chinese food (Mr. You’s), Greek food (Mad Greek), Korean Food (Flame Broiler), Japanese foo d (Akinas), I mean we are literally surrounded by multiculturalism and I wouldn’t have it any other way. I have to go back to the functionalist way and say that all the culture outside of my base somehow lives off of us, and we live off them. Those citizens and we in the military all have similar beliefs that binds us together and helps with the stability of our city, and my base. Through this food culture I know that it helps to unify us as a society and definitely promotes cultural solidarity. Thank you for having me as a student, and showing me what Sociology is all about, and perhaps I might take your advice and take another advanced class for one my electives. Thank you again Professor Ellington. Reference: EBSCOHOST: Marxist and Functionalist Theories http://web.ebscohost.com/ehost/detail?vid=7&sid=415d996e-d006-463cb2bcb3ca827465e7%40sessionmgr113&hid=122&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=bth&AN=5281250 Sociological Theories: A List of Sociological Theories and Frameworks http://sociology.about.com/od/Sociology101/tp/Major-Sociological-Frameworks.htm