Please include the book "Life In a Jar, the Irena Sendler Project" by Jack Mayer, as well as "The Righteous" by Martin Gilbert (2003) in the references. No more than two internet articles, but definitely one primary source. No night calls please, and I really need this paper by Friday, May 9. Thank you!
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[order_calculator]ALL REFERENCES MUST BE FROM PEER REVIEWED ARTICLES NO OLDER THAN 5 YEARS
Discuss the future of CAM Therapy Research when treating Veterans for PTSD and TBI
Discuss new research, all foreseen challenges such as symptom overlap and limitations, newly discovered CAM Treatments. discuss the assessing of the effectiveness of CAM Therapies
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[order_calculator]I will provide you with different short stories and i need you to pick one from them and analyze the story by choosing a main topic and follow along supporting the thesis statement with evidence from the story itself. use symbolic views, quotes, paraphrase, and you can add some research into it also but each time you use a evidence i’d like to see some comment about it explain why that specific quote for instance supports the chosen topic. you can also use the topic chosen and compare it in different stories i will provide you.
there is also a book called griffith that my teacher required to read in order to write this essay. the short stories include: A and P by john updike adn journals, the rocking horse winner,a rose for emily, a good man is hard to find,everyday use by alice walker. I would rather the topic be more toward how people just act in order to get what they want, it could be manipulation or a womanish way of trying to take control over men in centuries ago. i want an essay full of support example and strong comments about the evidence used. I am a good writer myself but i don’t have time to write this essay, so i will not accept an essay that is not well written and supported with strong examples and analysis of the supports.
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[order_calculator]This assignment will allow you to further your investigation of a pathophysiological (disease) process and the pharmacological treatment of this process. You will communicate the scientific and clinical information about these aspects of disease in a short written report of no more than 600 words.
As with Assignment 1, this task is intended to familiarise you with the key pharmacological and therapeutic aspects of using drugs to treat common pathophysiological conditions. You will investigate the use of a drug compound commonly used in the treatment of one of the following pathophysiological conditions;
Bacterial infection, cancer, hypertension, osteoarthritis, rheumatoid arthritis or asthma.
You will find a drug compound (its non-proprietary name must be used) used to treat the disease of your choice, and provide a short outline of the following criteria based on research literature sources, such as journal articles, medical and scientific text books, or scientific web based resources (e.g. NIH website, American Heart Association website).
1. Descriptive title, approximately 10 words, informing the reader of the condition and the drug used to treat it including the drug class and action;
2. Detailed but concise description of the key pathophysiological features of the disorder, including specific alterations from normal anatomy and physiology to the pathophysiological state and an explanation of any risk factors and complications associated with the disease;
3. Introduce the drug used to treat your chosen disease and describe the pharmacodynamics of the drug. This should be a detailed description of one pharmacological agent used to treat or prevent the disease, including the mechanism by which the drug treats/prevents the disease;
4. Describe the known side-effects and contra-indications.
You will also be required to submit a short written reflection on how the feedback from Assignment 1 was used to help you in the preparation for Assignment 2. The reflection should be approximately 100 words, but no more than 1 A4 page. The reflection should be attached at the beginning of Assignment 2.
Writing format.
This exercise is designed to develop your ability to identify and communicate scientific and clinical details in a concise written format, using appropriate referencing. The word limit is a maximum and marks will be deducted for exceeding the word limit. The assignment should be written in a fluent and economical sentence structure using subheadings where appropriate, and include correctly formatted in-text referencing according to APA referencing style. An APA referencing guide is available through the subject’s interact site and in-text and reference list formats must rigidly adhere to this style. (Marks will be deducted for incorrect formatting).
The reference list (correctly formatted) should follow the main section and would not be expected to contain more than 5 references including at least one recent journal article relevant to the topic. Dot-point format is unacceptable and will result in mark deduction. Files must be submitted via EASTS in .doc, .docx or pdf format, and include a word count below the references list. The word count does not include the reference list, but does include titles and headings.
Rationale
This assignment builds on the foundation of Assignment 1 to further develop your understanding of the pathophysiology and pharmacology of your chosen condition, focussing specifically on the pharmacodynamics of your chosen drug. The aim is to develop a model whereby you describe pathophysiological changes to normal anatomy and physiology and identify the targets for pharmacological intervention, and therefore the rationale for using them. A feature of this assessment task is the requirement to use your feedback from Assignment 1 to help you prepare Assignment 2. This requires you to reflect on the feedback provided and use it to improve your submission. This assessment task also provides an opportunity for you to develop your academic writing skills and receive feedback to assist you in your exam preparation.
This assessment item assesses the following learning outcomes (p.3):
* define common pathophysiological and pharmacological terms;
* describe characteristics and origin of different types of cellular injury;
* demonstrate an understanding of cellular adaptation to injury;
* identify the interaction and relative contribution genetic and environmental factors have on health breakdown;
* outline key pharmacodynamic principles (eg agonist and antagonists, receptor-drug interactions);
And depending on your choice of condition, the assignment will also assess:
* describe the characteristics of cancerous cells;
* describe the involvement of microorganisms in disease;
* name and describe the actions of the major classes of antimicrobial drugs;
* outline the major haematological pathologies and malignancies;
* describe the pathogenesis of major cardiovascular system dysfunction;
* outline the primary pharmacological interventions used in the treatment of cardiovascular disease;
* describe the pathogenesis of common respiratory dysfunctions;
* describe use of pharmacological agents in the treatment and management of respiratory pathophysiological states;
* describe the major types of musculoskeletal pathology including both mechanical and physiological injuries;
* demonstrate understanding of the origin and main theories of pain; and
* explain the pharmacological treatment of inflammation and pain.
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[order_calculator]SOC 250: Introduction to Sociology
FA11 © Hondros College 1
Writing Assignment #1- Define an Institution
Select an institution (for example, your church, school or business) with which you are familiar. In a 1-2 page
paper, use your sociological imagination to thoroughly answer the following questions, applying what you know
about the institution and what you’ve learned in your reading. Provide specific data where possible.
1. What are the core beliefs of this institution?
2. What social needs does it address?
3. What statuses and roles are found in this institution and how do they support the beliefs of the institution?
4. How does this institution work with other institutions?
5. Do you think this institution is effective in its purpose? Why or why not?
Your response must be 1-2 pages, typewritten, must reference external sources as applicable and must use the
American Psychological Association (APA) referencing system, and contain headings that identify each topic you
are answering. Be thorough in your answers, applying concepts you explored in your text and module reading, as
well as your research.
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[order_calculator]use Vancouver references and cite all information with page number
in text citation with page number if not available ( -20% from whole work marks).
use cridable sources books like
medical Microbiology 26th edition
by Jawetz, Melnick & Adelberg’s
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[order_calculator]compare andcontrast the views of x and y in relation to z (where x and y are major contrasting writers reflecting on issue z, this being one of the topics covered in the SPI CURRICULUM)
OR
EVALUATE TYPICAL CONTEMPORARY PENTECOSTAL PRACTICE OF Z EXPLAINING TO WHAT EXTENT IT REFLECTS AND IS SUPPORTED BY THE BIBLE (PRACTICE Z BEING ONE OF THE TOPICS COVERED IN THE SPI CURRICULUM)
(IE HEALING)
https://studentportal.regents-tc.ac.uk/mod/resource/view.php?id=2765
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[order_calculator]How are cultural understandings of knowledge and learning reflected in the University of Melbourne collections you have visited in the subject Knowledge, Learning and Culture?
In your response select one Cultural Collection you have visited and include a consideration of the following:
• The extent to which the physical context and organisation of a collection can influence interpretation of meaning.
• The extent to which the historical and social origins and provenance of a collection can influence interpretation of meaning.
• Ways in which multiple perspectives and prior knowledge influence interpretation.
• The extent to which you think learning can be enhanced through direct engagement with objects and artworks.
Selected Cultural Collection: Grainger Museum in the University of Melbourne
Website of the Museum: http://www.grainger.unimelb.edu.au
Specific requirements:
– Reference according to APA style
– A bibliography must be included
– Assignment style: Reflective Essay
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[order_calculator]Diabology:
The Devil and the Demonic in Ancient & Medieval Times
Dr. Bennie Reynolds
Research Paper 30%
Students will produce one research paper over the course of the term. The paper should be approximately 2,000 words (1750–2250). It will be a part of your writing portfolio (thus, in addition to serving as a component of this class, it will also serve as one of the moments at which Millsaps formally evaluates your writing proficiency). The paper will be submitted in four stages. In the first instance, you’ll submit a two sentence topic statement. Next, you’ll submit a 150 word précis and working bibliography with five sources. The précis and bibliography will not be graded per se (there will be no letter grade). Those assignments help me confirm that you have found a manageable thesis and sufficient source material to write your paper. Next, you’ll submit a first draft on Tuesday, April 8th. The first draft should not be treated as a “rough draft.” It should be a polished, final product. I will offer corrections and suggestions to the draft and will assign a grade. (*Note: it is important that the first draft be submitted on time so that you will have the opportunity to benefit from comments and corrections before submitting the final draft). You will then have approximately one week to improve the draft and resubmit by email no later than 5pm on Thursday May 1st. The first draft will count for 10 % of the research paper grade and the final draft will count for 20% of the paper grade (=30% total). The final draft will be the one used for your writing portfolio.
For this paper, you will write a biography of a devil/demon figure. Allow me to emphasize immediately that this biography cannot simply report 4–5 interesting facts about the figure. It is crucial that you make an original argument. In other words, you must take the data from your primary sources and secondary sources and use them to solve a problem/answer a question/make a claim. This paper is not a “report.” You should think of your work not as a report on a topic but as the pursuit of a question. Research papers do more than simply repeat what others have already written. You must make your own contribution.
Topics
You may choose a figure that we have encountered (or, will encounter) in our class: Satan (or, satan), Devil (diabolos), Lucifer, Belial, Mastemah, Azazel/Asael, Grendel, Yetzer hara (the evil inclination), Cerberus (hell hound), Geryon (winged monster), Mammon, Beelzebub, Moloch.
You may also choose a figure that does not fall within the primary intellectual arc of the course: Asmodeus (Persian/Jewish), Wayob (Mayan), Lilith (Jewish), Mara (Buddhist), Samael (Jewish), Djinn (Islam), Iblis (Islam), Shaitan (Islam), Yama (Hindu), Kali (Hindu), Voland (German/Norse), Leviathan (Jewish & Christian), Mephistopheles (German), Buer (German).
These lists are merely suggestions. You are free to choose a different figure (just check with me to ensure that the figure will work for this project). For most of these figures, one can observe an evolution from ancient to medieval times (in some cases the evolution continues in modern times). You may (and in many cases should) discuss both the ancient and the medieval evidence, but you may not consider ancient or modern evidence alone. Medieval thought is a crucial part of the class and should be examined in this paper.
Format/Style
1. All papers should be turned in via email.
Bennie.Reynolds@millsaps.edu
2. File name: The file name of your paper should begin with your last name and first initial followed by the title of the paper.
Exs.: Reynolds B How to Boil Water.docx
Reynolds B What is Prophecy.docx
(If everyone sends me a paper called “paper 1” or “devil paper” I cannot tell them apart).
3. Headings:
a. The paper should begin with the title centered and in bold letters
b. Two spaces below and right-centered your name, the date, and the word count of the paper should appear. *On a PC, one can locate the word count by clicking on the review tab and then the “word count” button. Footnotes do not count in the total, so one should un-check the box that would include footnotes in the count.*
c. In the heading of your paper, you should include the word “Pledged” to indicate that your paper satisfies honor code requirements even in its electronic form, i.e., Name/Pledged: Bennie Reynolds
4. Thesis statement: Every paper should include a clear and precise thesis statement in which the writer tells the reader what he or she will argue and how he or she will do it. The thesis is typically expressed in the last sentence or two of the introductory paragraph.
5. Format: One should compose the paper in a basic, 12 pt. font (not a stylized font with lots of serifs, i.e., that is difficult to read). Both right and left margins should be justified.
6. No plagiarizing. You must give credit to writers whom you quote, cite, and paraphrase. (I spend most of my time reading books on this material and doing some writing of my own. If you swipe someone else’s super-cool idea, I’ll know it – I’ll probably personally know the individual you robbed – so just don’t do it!) If you paste a paragraph or two from Wikipedia, you’ll fail the paper – even if you change up a bunch of the words. This assignment is not designed to see if you can collect or repeat facts. It is designed to showcase your own creativity in problem solving. See below for a help sheet by Dr. Darby Ray on how to recognize a scholarly source.
7. Please cite sources appropriately. You may choose to use Chicago, MLA, or APA style (all the cool kids use Chicago). The most important thing is to be consistent. (You must use one style guide and not make up your own system!)
a. It is not easy to be consistent when one is continually jumping from one style to another (different professors want different styles$%^&*). My advice: invest in a good citation software (e.g., Endnote). In this way, the computer does the formatting for you and you can concentrate on producing limpid prose.
b. Need help with a style format? Try these quick and easy guides:
http://writingcenter.unc.edu/handouts/how-we-cite/
http://writingcenter.unc.edu/handouts/why-we-cite/
http://www2.lib.unc.edu/instruct/citations/
Identifying “Scholarly” Sources
A “scholarly” source is one that is written or edited by a “scholar”– that is, a person who has earned a graduate degree in the field they are writing about. Having such a degree (usually a Ph.D.; synonym: a doctorate) means the person has had to prove that they have studied the field extensively and have mastered it well enough to be considered an expert in it. This doesn’t mean that the person’s interpretation of their field is beyond question or debate; rather, it means that they at least know enough about the field to have an INFORMED interpretation (in other words, one that others ought at least to consider).
People who are professors at a college or university can be considered “scholars” because they have usually earned a graduate degree in their field of knowledge.
People who publish books can usually be considered “scholars” because most publishers only publish books that have been reviewed by two or more experts in a field, which means that at least a couple of experts have agreed that the author of the book is well enough informed about their chosen subject matter to be considered a scholar. Hence, a book may safely be considered a “scholarly” source.
Articles in a journal that is published by a college or university can be considered “scholarly” because “scholars” have approved those articles.
Articles in a journal that is published by a scholarly group such as the American Medical Association, American Bar Association, the American Academy of Religion, or the Society of Biblical Literature can be considered “scholarly” because, once again, such articles have been reviewed by experts in the field.
If you aren’t sure whether or not the group that publishes a journal is “scholarly” or not (for instance, maybe you’ve never heard of the Modern Language Association and so don’t know that it is the association of college and university English professors), you can look at the section in the journal where the list of editors is given. Scholarly journals usually list not only the editors’ names but also their academic credentials (what degrees they have earned, or where they are a professor). If a journal offers no such list, then chances are it is NOT a scholarly journal because if it were, it would list the names of its scholars. You can find this information by looking at a hard copy of the journal or by visiting the journal’s webpage and searching for its list of editors.
If you run across a random article on the Internet, you need to ask at least two questions:
(1) Who wrote the article, and is that writer a “scholar” (see definition of scholar above)? If no credentials of the author are listed, then he or she is probably NOT a scholar. If no author is listed, then the source is definitely NOT a scholarly source.
(2) Is the article sponsored by a scholarly organization (such as a university or college or scholarly journal)? If so, it can be assumed to be a scholarly source.
Magazines like Time and Newsweek often have good information in them, but because they usually do not document how they got that information (whether it came from reliable, well-informed sources or not), and because the authors of their articles are not usually “scholars” (refer to definition above), they are not usually considered scholarly sources.
I hope this explanation helps you determine whether or not your sources are scholarly. Again–if you have a question about a source, ask a librarian about it (Rachel Renick or Jamie Wilson or Tom Henderson), or, if they are not available, bring it to your professor.
–Darby Ray, Professor of Religion Studies, Bates College
8. If you want to become a better writer (or a great writer if you are already a good one), I suggest the following resources:
a. The Elements of Style by William Strunk and E.B. White (read it once a year!)
b. The Chicago Manual of Style (16th edition)
c. Easy Writer by Andrea Lunsford
d. Endnote X4 by Thomson Reuters
e. Grammar Girl: http://www.quickanddirtytips.com/grammar-girl
There are a few more pieces you should read before writing an academic paper within the field of Religious Studies.
I. A brochure by Patricia Kain, produced for the Writing Center at Harvard University on how to do a “close reading.” Most papers I assign require one to do a close reading of primary texts. If the expression “close reading” is unfamiliar to you (or even if it is familiar), you should read this brief brochure: http://writingcenter.fas.harvard.edu/pages/how-do-close-reading
*Most of us have had interaction with religious ideas and practices in one way or another. For many of us, these ideas and practices are central in our lives. So it is often the case the students approach writing a paper in the field of Religious Studies in the same way they might approach a thought experiment within their faith tradition. In most cases, however, this approach will not produce successful results. As a way to make sure that your approach (i.e., the kind of questions you are asking and the methods of analysis you are employing) is appropriate, you may find it useful to peruse these two guides to writing papers in Religious Studies:
II. A guide to writing Religious Studies papers from the University of North Carolina: http://writingcenter.unc.edu/handouts/religious-studies/
III. Sample two is currently offline.
Process
1. Formulate your question: What are you interested in? What are you curious about? What do you want to learn? Make a list and then narrow it down.
a. The answer to this question may not be “yes” or “no.”
b. The answer must require more than the rehearsal of primary and secondary sources. In other words, it must require your own creative input.
c. The answer must be articulated in the framework of an 8 page paper. Beware of choosing a question that is too broad for the scope of the assignment.
d. The question may not be one on which you have written a research paper in high school or at any other college or university, and it may not be one on which you have written or are currently writing a paper this semester in another course. But your question may be one that grows out work you have done in this class.
2. Your Precís should tell the instructor:
a. What is your question (not merely your topic, but your question)?
b. Why is the question important or relevant?
c. What is your working hypothesis? What do you think will be the answer (this may change multiple times).
3. Your initial bibliography should tell the instructor that you have begun to find sufficient sources to write your paper.
a. You may need to use interlibrary loan to get some of the sources you need, so you cannot wait until the last minute.
b. Google is great, but a random Google search is unlikely to turn up the kind of sources you need for this paper. Your sources must be scholarly sources (see the attached guide from Darby Ray).
c. Your initial bibliography should include five secondary sources in addition to your primary sources. Your final bibliography will almost certainly include more sources.
4. Questions to ask yourself when writing:
a. Have you articulated clear, narrow thesis? (I.e., is your paper more than a report on a topic?)
b. Have you consulted an array of sources or are you presenting one scholar’s ideas?
c. Are you creatively shaping the question and content or are you just repeating what others have already said?
d. Have you proofread to eliminate problems of style?
e. Do you reach a clear conclusion and do you methodically lead the reader to that conclusion? Do your conclusions match your thesis? Or have you inserted new ideas or claims at the end? Make sure that your paper has a logical flow and that its main ideas are linked explicitly and easily navigated.
f. Is your paper organized? Did you outline it ahead of time? Have you used transition sentences? Or is the paper merely a collection of sentences related to a topic?
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[order_calculator]It must be an original paper and i have included the example layout (off course on different topic which has been supplied to us) so this instruction is long. If the work is of good standard i will be sure to use your service in future..see below
facts scenario is my case study for assignment.
FACTS SCENARIO
You are a first year law student completing a clerkship at the Victorian
Government Solicitors Office. Your supervising solicitor, Jemma York, knows that you are a current Deakin University student who is studying the Charter of Human Rights and Responsibilities Act 2006 (Vic) and requests your advice in relation to the scenario below.
Debbie Allen was charged with the indictable offence of obtaining property by deception. As the value of the property was $90,000, the indictable offence was
tried summarily in the Magistrates Court of Victoria. On 13 February 2013,
Debbie was convicted and sentenced by Magistrate Ryan Doherty to a term of imprisonment of two years. Debbie was transferred to Cowden Prison on14 February 2013. A privately owned corporation, Reformatory Services Pty Ltd, has a valid contract with the Department of Justice to manage Cowden Prison.
Debbie decided to appeal the sentence imposed by Magistrate Doherty
The appeal was lodged in the County Court of Victoria on 1 March 2013 and Debbie was granted legal aid to facilitate the appeal. The appeal was listed
for hearing on 15 May 2013, however, Debbie’s lawyer, Joe Smith, withdrew
because Debbie would not follow his legal advice. As a result, the matter was adjourned for hearing to 5 August 2013. Debbie was to be represented by Elizabeth Robinson for the hearing on 5 August. However, after a disagreement with Debbie in relation to the advice provided Elizabeth sought leave to withdraw as counsel for Debbie. The leave was granted and the appeal was relistedfor hearing on 15 October 2013. Before the appeal was heard, Victoria Legal Aid (VLA) revoked Debbie’s grant of legal aid.
Debbie appeared unrepresented before Judge Daves of the County Court of Victoria on 15 October 2013. Judge Daves expressed concern that Debbie maybe ‘seriously disadvantaged’ by her lack of legal representation. Debbie stated to Judge Daves that she wanted to be legally represented but VLA revoked her legal aid.
Sharon Mantz, the representative for VLA, explained to Judge Daves that
due to Debbie failing to follow the advice of previous counsel and her
repetitive behaviour of discharging previous counsel, VLA was not prepared to provide further legal aid.
Debbie contended that she was entitled to legal representation under the
Charter of Human Rights and Responsibilities Act2006 (Vic) (‘Charter’) and that without legal representation she would not have a fair trial as mandated by the Charter.
Judge Daves referred the questions of law, pertaining to the Charter, to the Supreme Court of Victoria. While in custody at Cowden Prison, awaiting the decision of the Supreme Court of Victoria. Debbie has alleged that her Charter rights are being contravened. Your supervising solicitor has provided you with the complaint made by Debbie.
My name is Debbie Allen and I am serving a 2 year sentence at Cowden Prison, located in the State of Victoria. Since arriving at Cowden Prison I have been forced to work in the prison cafeteria for between 3 – 4 hours per week. I have been forced to do tasks such as wash dishes and chop vegetables. I find this work uninteresting and menial. I have also been denied medical treatment.
Before my imprisonment I was seeing my physiotherapist, Joanna Ling, on a
weekly basis to help with my bad back and mobility issues. Since being imprisoned I was told that I could no longer see Joanna, but instead I could make an appointment to see the Cowden Prisonphysiotherapist, Kathy Keith. I do not want to see a new physiotherapist. Joanna has been treating me for years and knows of all my aches and pains. I worry that myback will get worse and my health will suffer because I am unable to see Joanna during my term of imprisonment.
Yours Sincerely
Debbie Allen
The Director of Cowden Prison, Karl McAdams, has confirmed that all inmates
are required to assist in the prison canteen for up to 4 hours per week. Required tasks of all inmates include washing dishes, mopping the floor and chopping vegetables. Debbie has been asked to complete the same tasks required of all inmates. Karl also Confirmed that it is the policy of Cowden Prison to arrange the provision of necessary healthcare services for inmates. Karl stated that the reason inmates are unable to choose their own healthcare providers is because it would be a threat to the security of Cowden Prison. All healthcare professionals who are employed by Cowden Prison are carefully screened and have to pass extensive background checks. Your supervising solicitor seeks the following advice from you:
(1) Is there an enforceable right to legal aid under the Charter?
(2) Is Debbie correct in her assertion that without legal representation she would not have a fair trial as mandated by the Charter?
(3) Is Cowden Prison in breach of the Charter?
INSTRUCTIONS
You will be required to conduct legal research to provide the advice requested in the assignment. You are required to provide this advice in the form of a memo.
Legal research requires an investigation into primary and secondary sources of law to produce a credible argument. Please ensure that your contentions are supported with relevant primary and/or secondary sources of law.
Research relevant primary and/or secondary materials and write your memo of advice based on your research. Memo of Legal Advice: The advice must be presented in the format of a memo. Please see the sample memo of advice below
Specific Requirements
The word limit for the memo of advice is 2000 words and an annotated bibliography.
•You must include the word count at the conclusion of your memo of advice.
•Please use a font no smaller than 11 point, with line spacing of 1.5.
•The memo of advice must be footnoted correctly in accordance with the Australian Guide to Legal Citation (3rdedition). Students will be penalised for not citing in accordance with the Australian Guide to Legal Citation.
•You can access the AGLC3 online at
www.mulr.law.unimelb.edu.au/go/AGLC3
There is a sample legal memo and bibliography contained below
Please pick three sources listed in your bibliography and briefly explain for each source:
Whether the source is a primary or secondary source of law.
Where you found the source.
Why the source is relevant and authoritative.
: All assignments must be submitted electronically by 11am (AEST or AEDST) on 6 May 2014. Assessment 2 is due by 11am 6 May 2014 (AEST or AEDST).Please note no late submissions or extensions.
All pages of the assignment must be numbered in the header or footer.
Specific Requirements
EXAMPLE OF A MEMO OF ADVICE AS TO LAYOUT
Legal Advice Instructions
You have sought advice on the legal issues pertaining to your Balwyn and Kew
Properties, and your priority thereto. Our advice on these matters is contained below.
Legal Questions Presented
In relation to the Balwyn Property:
1.Has Pierce Hawthorne committed fraud under the Transfer of Land Act 1958
(Vic) by denying you the option to re-purchase the property?
2. Is there an in personam action against Pierce Hawthorne to enforce the option to repurchase the property?
In relation to the Kew Property:
1. Has Britta Perry committed fraud under the Transfer of Land Act 1958
(Vic) by transferring the house into her name?
2. Will Greendale Bank be able to enforce the mortgage over the property?
Short Advice
In relation to the Balwyn property, our advice is that you can successfully argue either fraud or in personam against Pierce Hawthorne to enforce the option to re
-purchase the property, given that he had notice of your agreement with Jeff Winger, coupled with his express assurance to uphold that agreement.
Regarding the Kew property, our advice is that you would be able to successfully argue fraud against Britta Perry. However, it is likely that Greendale Bank’s mortgage over the property will be upheld, although you may not have an obligation to pay the mortgage instalments.
Long Advice
I BALWYN PROPERTY
Prima facie, when a title holder registers their interest under the Torrens system, they acquire ‘indefeasibility of title.’ As stated in Frazer v Walker, ‘the expression…is a convenient description of the immunity from attack by adverse claim to the land or Interest in respect of which he is registered, which a registered proprietor enjoys.’2The Transfer of Land Act 1958(Vic) (‘TLA’) sets out the paramountcy provisions, which have been interpreted such that title is created anew upon registration, as it is ‘not a system of registration of title, but a system of title by registration, ’endorsing a system of ‘immediate indefeasibility.’4
Despite the vesting of immediate indefeasibility, a registered proprietor’s title is
subject to several statutory and non-statutory exceptions. As such, although Pierce has obtained indefeasible title by registration, his title may be set aside on the basis of the statutory exception of fraud or the in personam personal equity6
A Option to Re-Purchase (Restrictive Covenant)
[The original agreement with Jeff Winger of an option to re-purchase the land forms a restrictive covenant, being a contractual agreement regulating the alienation of the property, enforceable in personam against Jeff or any successors in title.7Although the common law has generally struck down restraints on alienation as repugnant and Contrary to public policy,8 this is a mere partial contractual condition for a ‘legitimate collateral purpose,’ which would be upheld on the basis of public policy.9
Below in footnotes
1Samantha Hepburn, Australian Property Law (Lexis Nexis Butterworths, 2nd ed, 2012) 596.
2 Frazer v Walker[1967] 1 AC 569.
3 Breskvar v Wall(1971) 126 CLR 376, 385-6 (Barwick CJ).
4 Gibbs v Messer[1891] AC 258.
5Transfer of Land Act 1958(Vic) s 44.
6 Bahr v Nicolay(No 2)(1988) 164 CLR 604 (‘Bahr v Nicolay’).
7 See, eg, Austerberry v Corporation of Oldham(1885) 29 Ch D 750.
B Fraud
Fraud is an express statutory exception to indefeasibility. However, the term ‘fraud’ itself is not defined in the statute and has been left to judicial determination. In Victoria, s 42(1) TLA establishes the fraud exception, with s 44(1) stating that ‘any folio…procured or made by fraud shall be void.’10The High Court stated in Farah Constructions Pty Ltd v Say-Dee Pty Ltd held that Torrens fraud means ‘actual fraud, moral turpitude.’11 Section 43 abolishes the common law doctrine of notice, providing that mere notice of a prior interest does not vitiate the transaction for fraud. Whereas mere notice cannot satisfy statutory fraud12 there is common law authority to suggest that where notice is coupled with an express assurance, such conduct would proceed beyond mere notice and can amount to statutory fraud.13 In Loke Yew v Port Swettenham Rubber Co,14 the Privy Council found that a failure to uphold an express assurance made prior to registration was part of a fraudulent scheme to acquire the land.
Furthermore, your situation is directly analogous to the facts of Bahr v Nicolay.15 In the present matter, Pierce made an express assurance to uphold the option to re-purchase, and subsequently reneged that offer post-registration, thus coupling notice of the interest with the express assurance. If a court were to form an opinion consistent with that of Mason CJ and Dawson J in Bahr v Nicolay, it would have no bearing on the matter that Pierce may have acted innocently before the transfer. That is, Pierce’s conduct can amount to Torrens fraud as statutory fraud may include some notions of equitable fraud, and can extend to situations where an express assurance is repudiated post-registration.16
Below in footnotes
8 See Hall v Busst(1960) 104 CLR 206.
9Elton v Cavill(1994) 34 NSWLR 289; Nullagine Investments Pty Ltd v Western Australian Club Inc(1993) 177 CLR 635.
10 Transfer of Land Act 1958(Vic) ss 42, 44(1) (‘TLA’).
11Farah Constructions Pty Ltd v Say-Dee Pty Ltd(2007) 230 CLR 89.
12 Mills v Stokman(1967) 116 CLR 61.
13 Loke Yew v Port Swettenham Rubber Co[1913] AC 491.
14[1913] AC 491.
15 Bahr v Nicolay(No 2)(1988) 164 CLR 60.
Nevertheless, a potential issue in the present matter could be that Pierce was only bound by verbal agreements as opposed to a written document. In contrast the facts of Bahr v Nicolay were such that the option to re-purchase was affirmed in both written and verbal formats. However, in Bahr the High Court did not distinguish between a written and verbal assurance in each of the separate judgements. The logical inference that flows from this is that a verbal agreement could carry the same weight as a written assurance. This is relevant in the present matter given that Abed relied upon Pierce’s verbal assurances to his detriment. As such, following the reasoning of Mason CJ and Dawson J in Bahr v Nicolay, Pierce’s registered title could be set aside on the basis of fraud pursuant to s 44(1) TLA, with an institutional express trust created to enforce the option to repurchase the land.
C In Personam
In the alternative, should our fraud arguments be found to be unpersuasive, there is an arguments that Pierce’s conduct may attract the in personam exception to indefeasibility. While the Court in Bahr v Nicolay split on the issue of fraudulent conduct, the judges were unanimous in finding that the respondent’s conduct enlivened the in personam exception. In particular, Wilson and Toohey JJ held that the conduct constituted an in personam obligation rather than fraud under the TLA. A claim of in personam is a non-statutory qualification to indefeasibility, also referred to as the ‘personal equity’ exception, essentially providing that a registered proprietor will remain bound by any equitable or contractual obligations arising from their conduct.17
To this effect, the Privy Council in Frazer v Walker recognised that immediate in defeasibility ‘in no way denies the right of a plaintiff to bring against a registered proprietor a claim in personam, founded in law or equity, for such relief as a court acting in personam may grant.’18 This proposition was affirmed by the High Court in Breskvar v Wall.19
16 Ibid, 615 (per Mason CJ and Dawson J). See also, Presbyterian Church (NSW) Property Trust v
Scots Church Development Ltd (2007) 64 ACSR 31.
17 Samantha Hepburn, Australian Property Law (Lexis Nexis Butterworths, 2nded, 2012) [11.29].
18 Frazer v Walke r[1967] 1 AC 569, 585 (Lord Wilberforce).
19 Breskvar v Wall (1971) 126 CLR 376.
Again, although mere notice is insufficient to establish in personam, notice coupled With other inequitable conduct, such as the positive assurance by Pierce to uphold the obligation, would be sufficient.20Therefore, a remedial constructive trust can arise in favour of Abed in respect of the obligation to re-purchase the property. Such a trust would arise on the basis that Pierce’s notice of your unregistered interest is coupled with the unconscionability stemming from failing to uphold the express contractual obligation. As noted by Brennan J, ‘The title of a purchaser who not only has notice of an antecedent unregistered interest but who purchases on terms that he will be bound by the unregistered interest is subject to that interest. Equity will compel him to perform his obligation.’
21
D Conclusion on the Balwyn Property
Our conclusion on the issue of your Balwyn property is that you should be able to successfully claim against Pierce for either fraud or in personam. We proffer this view on the basis of the different judgements in
Bahr v Nicolay. Where fraud is concerned it is notable that the reasoning of Mason CJ and Dawson J has been adopted in subsequent cases.
22 Although Bahr v Nicolay concerned Western Australian Torrens provisions,
23 this should not affect the enforceability of this principle, given the similarity between those provisions and the Victorian TLA. Moreover, the unanimity of the Court in Bahr on the in personam claim, coupled with the correlation of the facts in that matter and the present case, strongly suggests that your claim to the Balwyn property would be irresistible. More pertinently, Bahr has been applied in several Victorian cases and a future court would more certainly follow precedent.24
Below in footnotes
20 Bahr v Nicolay,(Wilson and Toohey JJ).
21Ibid [12] (Brennan J).
22See, eg, HL (Qld) Pty Ltd v Jobera Pty Ltd [2009] SASC 165; Thorpe v Lochel and Ors [2005] WASCA 85; Gunns Ltd v Balani[2011] FCA 431.
23 See Transfer of Land Act 1893 (WA) ss 68, 134.
24See, eg, Russo v Bendigo Bank[1999] 3 VR 376. II
KEW PROPERTY
A Britta Perry
As noted above, prima facie, upon registration, the registered proprietor will obtain indefeasibility of title, which will ‘immunise’ the title against past defects.25 This indefeasible title is subject to recognised statutory and non-statutory exceptions. The consistent common law view is that statutory fraud requires ‘actual fraud, moral turpitude,’26 in the sense of ‘conscious impropriety’27 which must be brought home to the registered proprietor.28 Here, Britta acted fraudulently by acting with ‘conscious impropriety’ in transferring the property into her name.29 As such, her registered Interest can be set aside on the basis of fraud under section 44(1).30
The major issue with the Kew property will be the supervening interests of third
parties. Upon registration, immediate indefeasibility provides that title is created
anew, as Torrens is a system of title by registration, rather than registration of title.31 Although there may be a prima facie action to recover the property from Britta on the ground of fraud, further issues arise from the subsequent transactions with third parties, which may defeat your interest.
B Greendale Bank
The issue here is whether Greendale Bank (‘the Bank’) has an enforceable mortgage over your land, or whether it can be set aside on the grounds of either fraud or in personam.
Below is in footnotes
25 Tara Shire Council v Garner [2003] 1 Qd R 556, [49] (Atkinson J).
26Farah Constructions Pty Ltd v Say-Dee Pty Ltd(2007) 230 CLR 89.
27 Davis v Williams [2003] 11 BPR 21, 313.
28Russo v Bendigo Bank[1999] 3 VR 376.
29 Vassos v State Bank of South Australia[1993] 2 VR 316.
30TLAs 44(1).
31Breskvar v Wall (1971) 126 CLR 376, 385-6 (Barwick CJ).
1 Fraud
It is unlikely that the Bank will have committed fraud here, given that there is a
distinct lack of ‘moral turpitude’ or ‘conscious impropriety’ which has been brought home to the registered proprietor.
32 Whilst Troy Barnes did not inspect the certificate of title or any identification, there was no intent to deceive or defraud you. The facts here are similar to those in Grgic v ANZ,33 where the NSW Court of Appeal held that a lack of care on the part of a bank manager did not amount to fraud. Whilst there may have been equitable fraud in the sense of an unconscionable consequence,
34 statutory fraud is narrower in scope,35 and the weight of authority suggests that mere carelessness or negligence in inspecting documents will not amount to statutory fraud, as mens rea or actual dishonesty must be shown.36 Given that the careless mortgagee exception does not apply in Victoria, the mortgage encumbrance will not be set aside on the basis of fraud, as Troy had no way of knowing that Britta acted fraudulently, nor did he act with conscious impropriety or an intention to deceive. 2 In Personam
Alternatively, it is possible that the lack of inspection gave rise to in personam or a ‘personal equity’ against Troy as agent of the Bank. It could be said that it would be unconscionable to enforce the mortgage against the land, given that Troy may haveconstructive notice of Britta’s fraud, in the sense of what he should have known had the proper enquiries occurred.37 However, the personal equity must arise only from acts of the registeredproprietor, and they cannot be inconsistent with the policy of Torrens legislation.38
As s 43 abolishes the doctrine of notice, founding a personal equity on constructive notice would be inconsistent with the policy of Torrens legislation. As noted, there is
Below is in footnotes
32Assets Co Ltd v Mere Roihi [1905] AC 176.
33(1994) 33 NSWLR 202.
34Nocton v LordAshburton[1914] AC 932.
35Bank of South Australia Ltd v Ferguson(1998) 192 CLR 248, 256.
36 See, eg, Young v Hoger[2001] QCA 453; Macquarie Bank v Sixty-
Fourth Throne[1998] 3 VR 133; Davis v Williams[2003] 11 BPR 21, 313;
JW Wright Enterprises Pty Ltd (in liq) v Port Ballidu Pty Ltd[2010] Q Conv r 54-734.
37 Barclays Bank Plc v O’Brien [1994] 1 AC 180. 38Mercantile Mutual Life Insurance Co Ltd v Gosper(1991) 25 NSWLR 32 (Mahoney JA).
a string of authority that curtails the operation of the Barnes v Addy doctrine.
39 As, Tadgell J stated in Macquarie Ban, ‘I know of no decision, however, that would authorise the application in the Torrens system of the doctrine of constructive notice.’40 Given that a forgery per se is insufficient to give rise to inpersonam,41 and that mere notice, without anything else, is also unsatisfactory, the fact that Troy may have had constructive notice of Britta’s fraud will not found a cause of action to have the mortgage set aside.
3 Conclusion on Kew property
Our advice is that the mortgage cannot be set aside on the grounds of either statutory fraud or in personam. Although this may enable the Bank to use the property as security for the mortgage repayment, there may be no obligation to repay the mortgage instalments, as the obligation to repay was made in Britta’s name, not yours.42 We require further advice on the mortgage documentation, and whether the covenant to repay was annexed to the mortgage itself, or whether it was contained in a collateral document.
Below is in footnotes
39 See Macquarie Bank v Sixty-Fourth Throne[1998] 3 VR 133 (Tadgell J); LHK Nominees v Kenworth
[2002] 26 WAR 517; Farah Constructions Pty Ltd v Say-Dee Pty Ltd[2007] 81 ALJR 1107. Cf Tara Shire Council v Garner
[2003] 1 Qd R 556 (Atkinson J).
40 Macquarie Bank v Sixty-Fourth Throne[1998] 3 VR 133 (Tadgell J).
41 Vassos v State Bank of South Australia[1993] 2 VR 316.
42 PT Ltd v Maradona Pty Ltd(1992) 25 NSWLR 643; Provident Capital Ltd v Printy[2008] NSWCA
131.
ANNOTATED BIBLIOGRAPHY
A Articles/Books/Reports
Band, Jonathan and Matt Schruers, ‘Daster, Attribution, and Plagiarism’ (2005) 33
American Intellectual Property Law Association Quarterly Journal21
Billings, Roger, ‘Plagiarism in Academia and Beyond: What is the Role of the Courts?’ (2004) 38 University of San Francisco Law Review391Mullins, Debra,
‘Warts and All: The Impact of Candour in Assessing character for admission to
the legal profession’ (2009) 28 University of Queensland Law Journal361 Papay-Carder, Debbie, ‘Comments: Plagiarism in Legal Scholarship’ (1983) 15 University of
Toledo Law Review 233
Parameswaran, Ashvin, ‘Student Dishonesty and Faculty Responsibility’ (2007) 12
Teaching in Higher Education 263
Wyburn, Mary, ‘Disclosure of Prior Student Academic Misconduct in Admission to Legal Practice: Lessons for Universities and the Courts’ (2008) 8
Queensland University of Technology Law and Justice Journal314
B Cases
Re AJG [2004] QCA 88 Re Davis (1947) 75 CLR 409
Re Humzy-Hancock [2007] QSC 34 (26 February 2007)
Re Liveri [2006] QCA 152 (12 May 2006)
Re OG a Lawyer[2007] VSC 520
C Legislation
Legal Practitioners Act 1981 (SA)
Legal Profession Act 2004(Vic)
Legal Profession Act2007(Qld)
D Other
ABC Radio, ‘Magistrates and Plagiarism’,
The Law Report (online), 9 May 2006
<www.abc.net.au/m/lawreport/stories/2006/1633885.htm>
Board of Examiners, Admission Requirements (5 September 2012) Council of Legal Education <http://www.lawadmissions.vic.gov.au>
Schroeder, Jeanne, ‘Copy Cats: Plagiarism and Precedent’ (Working Paper No 185, Benjamin Cardozo School of Law, Yeshiva University, 2007)
Ronald Standler, Plagiarism in Colleges in USA (16 April 2012) Clemson University <http://www.rbs2.com/plag.pdf>
Source 1:Wyburn, Mary, ‘Disclosure of Prior Student Academic Misconduct in Admission to Legal Practice: Lessons for Universities and the Courts’ (2008) 8 Queensland University of Technology Law and Justice Journal 314
This journal article is a secondary source of law. I located the article by searching Hein Online, a legal database.
The article is authoritative because it is published in a peer-reviewed journal and contains an in depth analysis of the cases and legislation relevant to admission to practice.This journal article is relevant because it provides commentary on the issue of disclosing academic misconduct, which is the focus of this assignment.
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