Recent orders
Functions of law
Functions of law
Equality before law is the main function of law. This statement expresses the ultimate responsibility rested upon people in positions of power. Equality before the law is sometimes referred to as rule of law. It is therefore only appropriate that all people regardless of their social class, position of power or even race abide by these laid down rules. The constitution of any given country clearly defines how rules that govern a country are made. This ensures that no leader comes up with rules designed to suit his/her selfish interests. The United States constitution therefore protects the rights of its individual citizens. In the quest of promoting the common good, the law should provide prosecution as well as defence with equality in all cases, Klein (2002).
The United States Court of Appeals
The appellate court was established in 1891. The United States Courts of Appeals are the intermediate level appellate courts in the federal system. If either party to the litigation is not satisfied with a federal district court’s decision, it has the right to appeal to the Court of Appeal for the circuit in which that district court is located. The United States has in its structure thirteen Courts of Appeals also referred to as United States court circuit of appeals. Twelve of these courts, including the United States Court of Appeals for the District of Columbia, hear appeals from the federal district courts located within their respective judicial circuits. The Court of Appeal for the thirteen circuits is called the Federal Circuit Klein (2002).
According to Bardes, Shelley & Schmidt (2008), the U.S. Courts of Appeals assigns a three-judge panel to review decisions of the district courts within their circuits. The judges also review orders of federal administrative agencies when a party appeals the final decision of a regulatory agency. As a practical matter, because it is so difficult to obtain a review by the U.S. Supreme Court, the courts of appeals make the final decision in most cases.
According to Cases in the Court of Appeal (2008), when an appellate court reviews a case decided in a district court, the appellate court does not conduct another trial. Rather, a panel of three or more judges review the record of the case on appeal, which includes a transcript of the trial proceeding and determines whether the trial court committed an error. Usually, the appellate courts does not look at questions of fact such as whether a party did, in fact, commit a certain action but at questions of law such as is the offense committed protected by an amendment to the constitution? An appellate court will challenge a trial court’s finding of fact only when the findings are clearly contrary to the evidence presented at trial or when there is no evidence to support the findings.
As an independent gauge of their importance, it is assumed that the judges that form the court of appeal wish to do at least one, often more, of the following: Promote policies that are consistent with their policy preferences, reach decisions that are legally sound, maintain coherence and consistency in the federal law and limit the time spent deciding any one case.
Jurisdiction of the Court of Appeal
As stated in the American constitution, the Circuit division has the jurisdiction to review, and affirm, reverse or modify any final decision rendered in any of the court’s division that conflict against an issue of the law with a decision in another division of the court. The exercise of such jurisdiction shall be within the discretion of the circuit division and may be invoked by application for review by a party to the case, setting forth succinctly the issue of law as to which there is a conflict in the decisions of two or more divisions. The circuit division may review the decision of a panel within a division only if a review of the decision has been sought and denied by the division.
Klein (2002) is of the opinion that, judges’ decisions are a function of what they prefer to do, tempered by what they think they ought to do, but constrained by what they perceive is feasible to do. The appellate courts are highly prestigious, desirable and competitive positions. Undoubtedly, most people who become judges work hard to gain the office, devoting substantial portions of their professional lives to the quest.
According to Klein (2002), the Supreme Court’s docket is composed almost entirely of difficult cases, where the law is unclear. In addition, the Supreme Court is not bound by the rulings of, nor can a higher court reverse it. The Supreme Court justices rarely possess ambition for higher office. While opportunities for justices to promote their policy preferences abound and disincentives are few, the same is not true for lower court judges.
Type of cases the United State Court of Appeals hears
In most lawsuits, the parties involved are the plaintiff, the person or organization that initiates the lawsuit and the defendant, the person or organization against whom the lawsuit is brought. An appellate court is a court having jurisdiction to review cases and issues that were originally tried in lower courts, Klein (2002). The appellate court has a national jurisdiction over certain types of cases such as cases involving patent law, cases in which the United States government is a defendant, cases involving regulations; tax, civil rights, social security and broadcasting, inter-state disputes, matters regarding international trade law, matters regarding bankruptcy, commerce between interstate and international regulation, crimes that fall under statuses enacted by congress and cases involving admiralty, Bardes, Shelley & Schmidt (2008).
With reference to the judicial statements stated above, the cases most likely to be to take place in the U.S. Court of Appeals include a case involving an appeal of a 5th U.S. District court decision regarding the right of Texas high school students to recite prayers over the school PA system before football games and a contract dispute between a private company and the U.S. government. In the first case, the appellant is seeking for a reversal of the decision made by a lower court, in this case, 5th U.S. District court. The second case will also be taken to the Court of Appeal, federal circuit, because in this case the United States government is, in fact, the defendant. A case involving a dispute between Colorado, Utah, and Arizona over water rights is also likely to take place in the Court of Appeal. This is so because the case involves a dispute between two states. A civil suit brought by a plaintiff from Tennessee against a defendant from Kentucky regards a violation of a civil right and will therefore be heard in the Court of Appeal.
Cases not likely to be taken in the Court of Appeal
According to Bardes, Shelley & Schmidt (2008), Cases that fail to take place in the Court of Appeal are probably cases that either involves some familiar principle of law or equity, or containing merely questions of evidence. It is for these reasons that the cases were deemed not necessary but the briefs of counsel in those cases may contain points, suggestions and authorities very important.
A case involving a violation of a city ordinance against loitering is a crime under state legislation and will therefore be heard in a state court as it falls under its jurisdiction, Klein (2002).
Conclusion
Although a great preponderance of an appellate judge’s caseload involves routine application of precedent and word-logic, fairly soon in the life of the new judge the moment comes when he realizes that there are some cases in which he can find the law. In such cases, the judge should decide on the basis of what is best for the community, that is, on the basis of policy consideration. Where most judges differ, is in their belief that they should and do try to make good law, meaning something other than law consistent with their own policy views.
Reference
Bardes, C. A., Shelley, M. C., & Schmidt, W. S. (2008). American Government and Politics Today. Cengage Learning.
Klein, E. (2002). Making law in the United States Courts of Appeals. Cambridge University Press.
New York (State)., (2008). Court of Appeals. Cases in the Court of appeals of the State of New York. Diossy & Company.
Functional Grammar is a theory in the organization of language, whereby in the theory the functional notions
Notion of functional grammar
Functional Grammar is a theory in the organization of language, whereby in the theory the functional notions has a crucial role to play as well as essential roles at different stages of grammatical composition. The theory theme is based on the data and description of a number of languages, and therefore it contains high level of typological adequacy. As a result there are several principles of grammar and techniques that are applicable in the synthetic functions approach to languages. Therefore in order to analyze and explain the linguistics interactions it is important to focus on these language synthetic techniques and the functional part of grammar.
Synthetic language focus is on addressing the people’s authentic speech and the writing techniques involved. They also put more focus on how people interact naturally in social contexts .Peoples ability to figure out contexts from a text is one way on how the two aspects are interrelated (O’Halloran, 2010). The other step is the people’s ability to predict language from context which provides more evidence of presence of the two aspects. It was figured out that SFL functions is not only to deal on the functional questions on how people use language, but also gives an interpretation of the linguistics system in respect of a functional semantic perspective. Systemacists have focused on the use of language in an authentic text. It is clear that the main reason that the language has evolved to serve is to enable people to make meanings with each other. Those language users do not interact only to have a sound exchange, but their interaction is aimed at making sense of the world. It is also notable that language is a different type of semiotic system because it comprises of three levels, making levels. The upper content level known as the semantics .The other level is the intermediate level of content also identified as lexico-grammar. Therefore, the overall principle of language can be termed as a semantic one whereby each text used is in record made in any particular context.
Semiotic system of language
This is the most sophisticated and elaborates part of the semiotic system. It adores language with a privileged status in that other systems can be easily translated to language. For example, language can be used to talk about the clothing semiotic system, but clothes cannot be used to bring out the meaning of language makes. The reason why language is described as a semiotic system is because it uses sets meaningful choices and oppositions. Language in this case has several functions that it plays as a semiotic system. First it makes order of content, For example, while talking of human offspring’s, the lexical systems indicates that the conceptual domain is organized by the English speakers (Halliday, `2002). The second function is ordering of expressions. As a result of all the sounds people are physiologically capable of producing, English is able to recognize only about thirty as eloquently distinct. For example, the different between pronouncing the k in kid-with, little or no release of air un aspirated and pronouncing it with a rush of air aspirated is not a consequential dissimilarity in English. However, it is clear that the difference between kid where the vibrating vocal chords produces the final sound and where there is no vibration is a significant difference to English speakers. This is because it brings out the difference of the two pronunciation meanings.
There are several grammatical systems that form language. For example, the lexical choice system although they are not the only choice in this case the other types are under the grammatical choice which includes. Declarative, an interrogative, and an imperative. These systems are very important in language composition because they boost the functionality of the English language.
Therefore, in concern to the notion of grammar, SFL has been perceived as the semantic functional approach in language which explores how people use language in a number of contexts. Again in this case the structures of language have been addressed in a semiotic system perspective (Trew, 1979). Therefore, from the analysis it is clear that the linguistic approach towards the meaning of texts, the systematic linguistics has sails in a common ground with the grammarians text as well as analysts discourse from a variety of perspectives. However, the distinguishing nature of systemic linguistics is that it aims at developing both a theory on a certain language as a social procedure and an investigative methodology which permits the comprehensive and systematic description of language patterns.
Transitivity
This aspect involves a number of aspect even those that are in the presence of the object verb. All these language components are concerned with the effectiveness of how a verb takes place. It is clear that this language components co vary between them, making transitivity the central property of the language use (Fowler, 1991). This aspect can be derived from the disclosure function based on the course function. Transitivity is a composition of verbs which have a close relationship whether a verb takes a direct object and the number of objects that a verb can accommodate. It has a close relation to valiancy where it puts into consideration of other verb arguments.
Functional grammar and ideology
Whenever people are talking or writing they produce a text. In this case a text is an instant language in any medium that builds sense to a person who has knowledge in language. Functional grammar ad ideology can be explored from many many-faceted phenomenons. That is it can be explored from a number of different point of views (Fairclough, 1989). This can be distinguished in two main ways, focus on the text as an object in its own right, and focus on the text as an instrument for finding out about something else. On the context of language as a text, questions such as the text meaning, reasons for its valuation are the main issues in this case. On the other hand focusing it as an instrument issues such as what the text reveals on the language system. These two perspectives are clearly complementary as far as grammar functions and ideology is concerned.
The journey towards a grammatical or functional grammar has a number of stages. These include Syntagmatic; in this case the collocation measure is the degree a word probability increases with respect to the presence of a certain other word. This means that if a person reads or hears a word from within a text there are high chances that the word may be somewhere in the immediate neighborhood. Therefore, such conditioning effects can be measured in both directions: both the increased probability of the first word in the environment of the other word in the text and the increased probability of the second word in the environment. The next stage is on the Syntagmatic, it is a case where words can be placed in a certain grammatical classes. The stage of paradigmatic function items is in set where they share semantic features and common collocation patterns. For example, tree grass and flowers, they share a common feature which is that they are from the same generic group of names. Finally it is the paradigmatic stage; this stage puts more focus on the relationship that exists between linguistic elements, which can act as substitutes of each other in a given context.
There are also several theories that can be used in the exploration of functional grammar and ideology Lexico grammar is the first .Which represents a peculiar term to systemic functional linguistics (Brookes, 1995). The term explains the continued relationship between the grammar and lexis. These are discrete phenomena’s and the relationship that exists between the two terms is described as a cline resembling one of the grammar delicacies. Another important theory is the Grammaticalization; in accordance to linguistics history and disclosure analysis this is the process in which lexical items transforms to those that serves grammatical functions. It can also represent a grammatical development of a new grammatical function. The grammar classes and the corpus can be used in this analysis.
Finally, the section of classes and functions of grammar, It is clear that grammarians in the above analysis have been giving out suggestions on a construct on an abstract model of the language system which is on observation language models into their instant use. This evidence is available as a result of computerized corpus. However the relationship that exist between what people observe and other forms of written disclosure builds the construct categories in functional grammar that enables people to explain how language works. The construct also contains descriptions of how people discursively exchange meanings in real life situations. The fact is that this system is complex and indirect; as a result grammarians have tried to come up with a helpful resource to go about it.
References
Brookes, H. J. (1995). ‘Suit, Tie and a Touch of Juju’ – the ideological construction of Africa: a critical discourse analysis of news on Africa in the British Press. Disocurse and Society, Vol. 6 (4), 461 – 94.
Fairclough, N. (1989). Language and power. London: Longman.
Fairclough, N., & Wodak, R. (1997). Critical discourse analysis. In T. V. Dijk (Ed.), Discourse as social interaction (pp. 258 – 84). London: Sage.
Fowler, R. (1991). Language in the news: discourse and ideology in the press. London: Routledge.
Halliday, M. A. K. (1994). An Introduction to functional grammar. London: Edward Arnold.
Halliday, M. A. K. (2002). Linguistic function and literary style: an inquiry into the language of William Golding’s The Inheritors (1971). In J. J. Webster (Ed.), Linguistic studies of text and discourse (pp. 88 – 122). London: Continuum.
Hoang, V. V. (2002). Experiential grammar of Vietnamese clauses. Ha noi: Social Science Publishing House.
Kress, G. (1983). Linguistic and ideological transformations in news reporting. In H. Davis & P. Walton (Eds.), Language, image, media ( pp. 120 – 39). Oxford: Blackwell.
Li, J. (2009). Intertextuality and national identity: discourse of national conflicts in daily newspapers in the United States and China. Discourse and Society, Vol. 20 (1), 85 – 121.
Lukin, A. (2004). Mapping media bias: a multidimensional affair. Australian Journalism Review, Vol. 27 (1), 139 – 55.
O’Halloran, K. (2010). How to use corpus linguistics in the study of media discourse. In A. O’Keeffe & M. Mccarthy (Eds.), The Routledge handbook of corpus linguistics (pp. 563 – 77). New York: Routledge.
Oktar, L. (2001). The ideological organization of represenational processes in the presentation of us and them. Discourse and Society, Vol. 12 (3), 313 – 46.
Tardy, C. M. (2009). ‘Press 1 for English’: textual and ideological networks in a newspaper debate on US language policy. Discourse & Society, Vol. 20 (2), 265 – 86.
Teo, P. (2000). Racism in the news: a critical discourse analysis of news reporting in two Australian newspapers. Disocurse and Society, Vol. 11 (1), 7 – 49.
Thetela, P. (2001). Critique discourses and ideology in newspaper reports: a discourse analysis of the South African press reports on the 1998 SADC’ military intervention in Lesotho. Discourse & Society, Vol. 12 (3), 347 – 70.
Thompson, G., & Huston, S. (2006). System and corpus: two traditions with a common ground. In G. Thompson & S. Huston (Eds.), System and corpus: exploring connections (pp. 1-14). London: Equinox Publishing Ltd.
Thomson, E. A., Fukui, N., & White, P. R. R. (2008). Evaluating ‘reporter’ voice in two Japanese front-page lead stories. In E. A. Thomson & P. R. R. White (Eds.), Communicating conflict: multilingual case studies of the news media (pp. 65-95). London: Continuum.
Trew, T. (1979). Theory and ideology at work. In R. Fowler, B. Hodge, G. Kress & T. Trew (Eds.), Language and control (pp. 94-116). London: Routledge & Kegan Paul.
Van Dijk, T. A. (1988). News as discourse. Hillsdale: Lawrence Erlbaum Associates, Inc.
Van Leeuwen, T. (2006). Translation, adaptation, globalization: the Vietnam news. Journalism, Vol. 7 (2), 217 – 37.
White, P. R. R. (1998). Telling media tales: the news story as rhetoric. Unpublished doctoral thesis, University of Sydney, Australia.
Functional Food
Functional Food
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Lipids, being fatty substance are not miscible with blood and thus remain within the circulatory system. They are needed by the body in small amounts for cellular metabolism thus different lipids are of different functions. Increased level of lipids in the blood stream (lipid elevation) leads to hyperlipidemia. The main categories of lipids in the body include cholesterol, phospholipids and triglycerides. Some of these are large molecules known as lipoproteins are transported in the body via the blood stream. (Low density lipoproteins and high density lipoproteins, LDL and HDL respectively.)
High levels of LDL cholesterol in the blood circulation lead to building up of adipocytes in the coronary blood vessels. The fat accumulates to such levels that there is narrowing of the vessels leading to high blood pressure. This condition makes the lumen of the heart vessels smaller in diameter and thus results in to a heart disease. Likewise the deposition may lead to hardening of the vascular system, a condition called atherosclerosis. This may lead to symptomatic characteristics such as heart attack or a fatal heart failure. (Michael Ian, G & James. A. T, 2007)
Recommendation on proper intake of lipids.
It is imperative to understand the dietary values and the effects of intake of the above mentioned protein types. In such consideration, so as to reduce the risk of cardiovascular diseases related to fatty foods, one should take more of the foods that contain HDL. HDL helps to clear up blood and reduce cholesterol circulatory levels. An individual should be aware of the blood cholesterol level recommendation for age their group so as to maintain the same and keep fit. Dietary options for fatty foods include monounsaturated fats such as olive oil peanuts and avocados. Nutritious diet helps you sustain a fit weight for a pleasing HDL reckoning. HDL lipids help to counter the body’s accumulation of cholesterol esters which are among the LDL group. The sources of HDL are majorly planted i.e. vegetables and fruits which are easily digested and incorporated in the body for metabolism. Animal lipoproteins are majorly LDL thus are not easily broken down in the cellular energy production. This means that intake of such proteins would lead to their amassing in the body blood circulation and notably in the coronary blood vessels leading to coronary thrombosis and other cardiovascular related defects. It is also advisable for a smoker to quit smoking since it will help to increase the level of HDL in the body. In case of severe conditions of hyperlipidemia, consulting a physician is of great importance.
Bioavailability: Phytosterols are important components of a diet and are not synthesized in the body thus they are obtained from foods such as such as fruits and vegetables. Some of these sources include: sunflower oil (which contains a relatively high amount), olive oil, beans and bananas, which are undoubtedly bio-available. Phytosterol may be obtained from these sources by solvent extraction as well as by molecular distillation after which they may be purified to manufacture pharmaceutical products in the extraction of the product; vegetable oils are treated with steam. The treatment is done in a vacuum pressure and this leads to formation of a by-product, deodorizer sludge. Such a procedure ensures that the finest phytosterol components are obtained for efficacy in the production of a drug.
The phytosterol is then acquired from the sludge by three step method. The sludge is first converted into liberated phytosterols through saponification: addition of a strong base under the influence of a catalyst. Esterification is then carried out on the free fatty acid, usually done by addition of methanol. Methanol is the most preferred since the methyl ester obtained is highly volatile. Phytosterol is then concentrated by physical crystallization, chemical extraction by means of use of a solvent or by both methods. (Christensen, J. A et al, 2004)
Employment of the mentioned procedure above ensures that the phytosterol achieved is of a high safety since the methods of extraction are of high quality and standard.
Efficacy and safety: A drug manufactured using phytosterol can be used to counter high cholesterol levels in the blood. Target markets for the drug would be hospitals, clinics, as well as individuals with elevated cholesterol levels. The appropriate brand name would be one that suggests its purpose, efficiency and reliability in comparison with already available products in the market. A good brand name would also help in easy identification of the drug thus consumers would easily identify with it.
Structure and physical property
Phytosterols inhibits cancer related to the ligaments of cooper of the female breasts and also stomach cancer. They attack the carcinogenic substances through nucleophilic reaction. i.e. back side attack. It is insoluble in water but soluble in organic substances thus able to dissolve in cholesterol to break down the adipose tissues. The diagram below shows a sample structure, it is similar to that of cholesterol, CHL.
Properties of anticancer ingredients: promote self programmed cell death, prevention of cancer cell growth and metastasis.
Rice is one of the most used foods in a large world’s population. After harvest, it is processed to attain its edible component as well as to improve its nutritional value. The preliminary processing techniques include drying the grain which ids dine to reduce the moisture substance of the grains. This may be achieved by passing it through heated air or by exposure to the natural sunshine. (HYPERLINK “http://www.google.co.ke/search?tbo=p&tbm=bks&q=inauthor:%22International+Rice+Research+Institute%22&source=gbs_metadata_r&cad=7″International Rice Research Institute,1999).
The dried gains are known as rough rice. Then hulls are then removed from the grains by a machine which rolls the grains between two sheets of metal after which the debris is removed by sifting. This process removes the kernel hulls and the un-hulled grains are separated from the rest and returned to finish the process. Milling is carried out and the bran layer of the grain is maintained thus most of the nutritional components of the rice are not lost.
To retain the nutrients within the grain during milling, white rice is sheered at high pressure so as to shift the mineral components and vitamins to from the bran stratum to the inner kernel. Already milled rice is soaked into a bath containing minerals and vitamins which form a cover on the grains. To enhance the milled rice with vitamin A, the bath mentioned above should contain the vitamin. The addition of the vitamin is done by a process called fortification and thus this improves the nutritional value of the milled rice.
Addition of vitamin A: is of importance since it helps to counter its deficiency in the diet. Such enhancement is done in Golden rice whereby beta-carotene content is added. In some cases, vitamin A may be increased by soaking the milled rice in vitamin A.
An appropriate name for an anti-cancer ingredient would be cancerphilic supplement. With this anticancer ingredient, the diner will be sure of no risk of fat related diseases. The ingredient meets the international standards of drugs and it will be incorporated in world market.
Product positioning and marketing
A new product in the market such as the cancer-philic supplement requires the producer to carry out the feasibility study of the market. The producer needs to understand that the new drug in the market may not outdo all other existing drugs but supposing the drug is effective, it takes a high rank in the market. The producer needs to focus on the points of differentiation between the new product and the already existing ones. These points of differentiation are strong points for the drug to sell out to the prospective consumers. They include a completely different brand name which is appealing and additional specification of improved counter cancer characteristics such as incorporation of new ingredients including vitamins and other components.
This would help the customers to give a solid reason as to why they prefer your product to other existing ones. It is of equal importance to evaluate the market through market research. In product positioning, the producer needs to conduct sell out segmentation and define the prospective market target and place the product in the correct space i.e whether the market would be economy, luxury or health. But for our case, the target is the health sector including clinics, public hospitals and private health centers. (Nieman, G. & Barber, J, 1998).
References
Michael Ian, G & James. A. T, (2007). Lipid Biochemistry: An Introduction: Chicago, Taylor & Francis.
Christensen, J. A et al,(2004). Encyclopedia of Health Psychology: New York, Springer.
International Rice Research Institute, (1999). Rice: Hunger Or Hope: New York, Int. Rice Res. Inst.
Nieman, G. & Barber, J, 1998, How to Franchise Your Own Business: Ohio, Juta and Company Ltd