Creating Law in the UK

Creating Law in the UK Parliament is the supreme law-making body in the UK. Statutes are above all, and Judges role is to apply and interpret the statutes. There are four rules of interpretation, which have developed throughout the history and some of which after long lasting disputes. Law in the UK is also dependant on the EU law, which should be stronger that domestic law. There are several courts in United Kingdom, on the top of the hierarchy lies the Supreme Court, any precedent set there, cannot be overruled by any other court. Judges job is to interpret statutes, and in some cases, to make law. But is it true that judges can make new law? Here I am going to discuss whether judges do in some cases make new law, or do they apply the existing statutes and common law cases. The Law in United Kingdom comes as legislation, from the Acts of Parliament, or, from Common Law decisions of the courts set as precedents. Legislation is superior to all other sources of law; judges job is to interpret and apply them in courts. Common Law is historically the oldest source of law in the UK, all the law used to be made by judges on authority of the monarch. Precedents ensure the development of the legal system. So, this raises a question: are judges still considered as law makers in United Kingdom? The traditional way of judicial law making is that judges should play no part in creative law making, they should just declare it. The declaratory theory of law, famously introduced by William Blackstone on the eighteenth century, stated the idea that judges do not make the law but only declare what it has always been[1]. The theory was famously opposed by John Austin in Lectures on Jurisprudence: Or, The Philosophy of Positive Law as childish fiction[2]. Nowadays the Decl aratory Theory is widely opposed, it does not seem to go together with todays changing society and technological development. In his book, Lord Reid called the opinion that judges only declare law and do not make it a fairy tale that is not believed anymore[3]. Therefore, there has been a lot of debate on whether Blackstones theory is correct and judges do not actually make law but merely declare it. After legislation comes Common Law precedents set by previous decisions of cases, which is also a source of law making in the UK. The Doctrine of Precedent It is based on two principles: position of a court in the court hierarchy and how similar is the mixture of law and fact in the two cases being considered. The key feature in common law cases is stare decisis, which means to stand by things decided. Highest is the Supreme Court (previously House of Lords), which is not bound by its own previous decisions. As said by Lord Chancellor Gardiner in The Practice Statement, that too rigid adherence to precedent may lead to injustice and restrict the development of the law, which is why House of Lords should be able to depart from previous decisions[4]. The Doctrine of Precedent is meant to lead to predictable and consistent development of legal principles, and the reason for the Practice Statement was that if courts are strongly bound by precedent the law cannot evolve. It is rarely use d, though, but sometimes controversially. Like the case of R v Howe[5] which overruled the case of Lynch v DPP for NI[6], and fundamentally changed the defence of duress. By decision made in the case of Howe, in my opinion, judges did not make new law, but rather complemented it. On the contrast, in the case of R v R[7], where marital rape was decided to be illegal, seemed like a making of a new law by judges. So, in some cases the courts can overrule a certain previous precedent and in some cases, make new law. The primary law in UK comes as statutes. Four rules have developed throughout history to interpret statutes: The literal rule, the golden rule, the mischief rule and the purposive approach, last one being the most modern. The Literal Rule states that the words of legislation should be given their ordinary natural meaning, though that might in some cases lead to an absurdity. Like in Fisher v Bell[8] where the flick knives sold were treated as an invitation to treat and was not therefore under the Act[9] which clearly had the aim of prevent the exact matter. The second one, The Golden Rule, was described by Lord Wensleydale in Grey v Pearson as that if a literal meaning leads to absurdity, the grammatical sense of the word may be modified to avoid it[10]. The Mischief Rule is laid out in Heydons case by four things to consider when interpreting statutes, which in summary consists of what was the common law before, what it was missing, and what is parliament trying to resolve [11]. Now , the most modern one of the rules is The Purposive Approach, which stresses the need to interpret legislation in a way to achieve its objectives. This approach gives judges a lot of flexibility of deciding cases, and might look like it gives judges the power to make law. About interpreting statutes, Lord Simonds stated in his opinion against interpretation of statutes other than in a literal way, that the duty of courts is to interpret words as they are, however ambiguous they are, it is still not up to the judges to travel outside them on a voyage of discovery [1] The Declaratory Theory of Law Oxford J Legal studies (2013) [2] The Declaratory Theory of Law Oxford J Legal Studies (2013), originally from John Austin: Lectures on Jurisprudence: Or, The Philosophy of Positive Law [3] Lord Reid, The Judge as Lawmaker (1972) 12 J Soc Public Teachers L 22 http://heinonline.org/HOL/LandingPage?handle=hein.journals/sptlns12div=10id=page= > assessed 18 march 2017 [4] The Practice Statement, House of Lords [1966] 3 All ER 77 [5] R v Howe and another and another appeal [1987] 1 All ER 771 [6] Lynch v Director of Public Prosecutions for Northern Ireland [1975] 1 All ER 913 [7] R v R(Rape: marital exemption) [1991] 4 All ER 481 [8] Fisher v Bell [1961] 1 QB 394, [1960] 3 All ER 731 [9] Restriction of Offensive Weapons Act 1959, s 1(1). [10] John Grey and Others, -Appellants; William Pearson and Others, -Respondents (1857) 10 ER 1216 [11] (1584) 3 Coke 7a 76 E.R. 637

Herman Melville :: essays research papers

Herman Melville In 1850 while writing The House of the Seven Gables, Hawthorne's publisher introduced him to another writer who was in the midst of a novel. This was Herman Melville, the book Moby Dick. Hawthorne and Melville became good friends at once, for despite their dissimilar backgrounds, they had a great deal in common. Melville was a New Yorker, born in 1819, one of eight children of a merchant of distinguished lineage. His father, however, lost all his money and died when the boy was 12. Herman left school at 15, worked briefly as a bank clerk, and in 1837 went to sea. For 18 months, in 1841 and 1842, he was crewman on the whaler Acushnet. Then he jumped ship in the South Seas. For a time he lived among a tribe of cannibals in the Marquesas. Later he made his way to Tahiti where he idled away nearly a year. After another year at sea he returned to America in the fall of 1844. Although he had never before attempted serious writing, in 1846 he published Typee an account of his life in the Marquesas. The book was a great success, for Melville had visited a part of the world almost unknown to Americans, and his descriptions of his bizarre experiences suited the taste of a romantic age. As he wrote Melville became conscious of deeper powers. In 1849 he began a systematic study of Shakespeare, pondering the bard's intuitive grasp of human nature. Like Hawthorne, Melville could not accept the prevailing optimism of his generation. Unlike his friend, he admired Emerson, seconding the Emersonian demand that Americans reject European ties and develop their own literature. "Believe me," he wrote, "men not very much inferior to Shakespeare are this day being born on the banks of the Ohio." Yet he considered Emerson's vague talk about striving and the inherent goodness of mankind complacent nonsense. Experience made Melville too aware of the evil in the world to be a transcendentalist. His novel Redburn based on his adventures on a Liverpool packet, was, as the critic F. O. Matthiessen put it, "a study in disillusion, of innocence confronted with the world, of ideals shattered by facts." Yet Melville was no cynic; he expressed deep sympathy for the Indians and for immigrants, crowded like animals into the holds of transatlantic vessels. He denounced the brutality of discipline in the United States Navy in White-Jacket. His essay The Tartarus of Maids, a moving if somewhat overdrawn description of young women working in a paper factory, protested the subordination of human beings to machines.

Business Law Today

1-Contract law provide rules to determine which contract terms will be enforced and which promises must be kept. True or False 2-A is an assertion that something either will or will not happen in the future. A: 3-A contract needs two requirement and Agreement is required to form a contract, regardless of whether it is formed in the traditional A: 4- which is generally defined as: The value given in return for a promise, A: -Common law governs all contracts except when it has been modified or replaced by statutory law, such as the Uniform Commercial Code (UCC),1 or by administrative agency regulations. A: 6-Which contracts generally are governed by the common law of contracts. A Services B Real estate C Employment D Insurance E All of the above A: 7-Contracts for the sale and lease of goods, however, are governed by the ? to the extent that the UCC has modified general contract law. A: ucc The Definition and Function of a Contract -A is an agreement that can be enforced in court. It i s formed by two or more parties who agree to perform or to refrain from performing some act now or in the future. A: 9-Contract law assures the parties to private agreements that the promises they make will be enforceable A: 10- A person who makes a promise A: 11- A person to whom a promise is made ( usually a buyer ) A: 12-In determining whether a contract has been formed, the element of is of prime importance.A: 13-Stating the clear intent of the (contract) or Objectiveness a contract that can be understood by others and not the issuing party. (subjective) is considered intent. A: 14-In contract law, intent is determined by what is referred to as the of not by the personal or subjective intent, or belief, of a party. A: 15- Objective facts that must be included in a contract. (1) What the party said when entering into the contract, (2) How the party acted or appeared, and The circumstances surrounding the transaction.All of the above A: Objective Theory of Contracts A theory under which the intent to form a contract will be judged by outward, objective facts (what the party said when entering into the contract, how the party acted or appeared, and the circumstances surrounding the transaction) as interpreted by a reasonable person, rather than by the party’s own secret, subjective intentions. 16- Ability to enter freely into contractual arrangements. , A freedom protected by the U. S. Constitution in Article I, Section 10 A:NOTE: Because freedom of contract is a fundamental public policy of the United States, courts rarely interfere with contracts that have been voluntarily made. Exemption For example, illegal bargains, agreements that unreasonably restrain trade, and certain unfair contracts made between one party with a great amount of bargaining power and another with little power generally are not enforced. Requirements for a valid contract 17- An agreement to form a contract includes an One party must offer to enter into a legal agreement and the other party must accept the terms of the offerA: 18- Any promises made by the parties must be supported by legal sufficient and bargained for consideration ( something of value must be received) A: something of value must be exchange by both parties I. e (money for beer) 19- Both partties entering into a contract must have the contractual capacity to do so the law must recognize them as being competent qualified parties A: 20- The contract must be to accomplish a goal that is legal and not against the law A: 21- A person who makes an offer ( seller) or ( buyer)A: 22- is the party to whom the offer is made A: 23-One person agrees to buy another person’s automobile for a specified price this is an example of: A: Example Javier offers to buy Ann’s digital camera for $200. Javier tells Ann that he will give her the cash for the camera on the following Friday, when he gets paid. Ann accepts Javier’s offer and promises to give him the camera when he pays her on Frida y. Javier and Ann have formed a bilateral contract. A promise for a promise No delivery of goods (money or merchandise has taken place) 4- . , a contract that is a â€Å"promise for an act. † In other words, the contract is formed not at the moment when promises are exchanged but rather when the contract is performed. A: EXAMPLE 8. 2 Reese says to Celia, â€Å"If you drive my car from New York to Los Angeles, I’ll give you $1,000. †Only on Celia’s completion of the act? bringing the car to Los Angeles? does she fullyaccept Reese’s offer to pay $1,000. If she chooses not to accept the offer to drive the car to Los Angeles, there are no legal consequences. 5-Contest and prizes are considered unilateral contract a (promise for an act) A : The contest offeror can change the initial offer of the prize winnings. But they must have a clause that states that they reserve the right to change the terms of the contest. ( discrambler) if the contestant sues he or she will most likely loose because she agreed to all the terms when signing up. A unilateral contract is usually not revocable unless stated. If I agree to buy someones boat upon arrival at my dock, and I call that person and said I want to cancel.If the person is halfway or really close to my dock it is considered (performance has been substantially undertaken,) the offeror cannot revoke the offer. I can not undue the contract and I am legally binded to go thru with the offer. 26-Formal contracts includes: Negotiable instruments, which include A Checks, B Drafts, C Promissory notes D Certificates of deposit E All of the above A: 27- A contract that by law requires a specific form, such as being executed under seal, for its validity. A: 8- : Contracts that are simple but might be in writing. A: 29- A contract in which the terms of the agreement are stated in words, oral or written. A: In an express contract, the terms of the agreement are fully and explicitly stated in words, or al or written. A signed lease for an apartment or a house is an express written contract. 30- A contract formed in whole or in part from the conduct of the parties (as opposed to an express contract). A:For an implied-in-fact contract to arise, certain requirements must be met. Normally, if the following conditions exist, a court will hold that an implied contract was formed: The plaintiff furnished some service or property. The plaintiff expected to be paid for that service or property, and the defendant knew or should have known that payment was expected (by using the objective-theory-of- contracts test discussed on page 201). The defendant had a chance to reject the services or property and did not. EXAMPLE 8. 4 You need an accountant to fill out your tax return, so you find a local ccounting firm and drop by to talk to an accountant and learn what fees will be charged. The next day, you return and give the receptionist all the necessary information and docu- ments, such as W-2 forms. Then you walk out the door without saying anything expressly to the accountant. In this situation, you have entered into an implied-in-fact contract 31- A contract that has been completely performed by both parties. A: 32- A contract that has not as yet been fully performed. A: 3- A valid contract has the four elements necessary for contract formation: A An agreement (offer and acceptance), B Supported by legally sufficient consideration, C Made by parties who have the legal capacity to enter into the contract D For a legal purpose E All of the above 34 A contract is the result when the elements necessary for a contract f formation ( agreement, consideration, legal purpose and contractual capacity are met A: 35-Voidable Contract A contract that may be legally avoided (canceled, or annulled) at he option of one or both of the parties. A: 36- A valid contract rendered unenforceable by some statute or law. A: As a general rule, for example, contracts made by minors are voidable at the option of the minor Additionally, contracts entered into under fraudulent conditions are voidable at the option of the defrauded party. Contracts entered into under legally defined duress or undue influ- ence are also voidable 37 A contract having no legal force or binding effect.A: 38- A fictional contract imposed on the parties by a court in the interests of fairness and justice; usually imposed to avoid the unjust enrichment of one party at the expense of another. A: Usually, quasi contracts are imposed to avoid the unjust enrichment of one party at the expense of another. The doctrine of unjust enrichment s based on the theory that individuals should not be allowed to profit or enrich themselves inequitably at the expense of others. 39- A meeting of two or more inds in regard to the terms of a contract; usually broken down into two events? an offer by one party to form a contract and an acceptance of the offer by the person to whom the offer is made. A: 40- An offer and a n acceptance. One party offers a certain bargain to another party, who then accepts that bargain. A: 41- A promise or commitment to perform or refrain from performing some specified act in the future. Three elements are necessary for an offer to be effective: 1 There must be a serious, objective intention by the offeror. . The terms of the offer must be reasonably certain, or definite, so that the parties 3 The offer must be communicated to the offeree EXAMPLE 8. 14 Marcus Business Machines contacts your corporation and offers to sell â€Å"from one to ten MacCool copying machines for $1,600 each; state number desired in acceptance. † Your corporation agrees to buy two copiers. Because the quantity is specified in the acceptance, the terms are definite, and the contract is enforceable. EXAMPLE 8. 15 Tolson advertises a reward for the return of her lost cat.Dirk, not knowing of the reward, finds the cat and returns it to Tolson. Ordinarily, Dirk cannot recover the reward becau se an essential element of a reward contract is that the one who claims the reward must have known it was offered. A few states would allow recovery of the reward, but not on contract principles? Dirk would be allowed to recover on the basis that it would be unfair to deny him the reward just because he did not know about it. 42- the seller may reserve the right to confirm or reject the sale even after â€Å"the hammer has fallen. In this situ- ation, the seller is obligated to notify those attending the auction that sales of goods made during the auction are not final until confirmed by the seller A: 43- , the goods cannot be withdrawn by the seller and must be sold to the highest bidder. A: 44- Agreement to agree agreements to agree may be enforceable agree- ments (contracts) if it is clear that the parties intend to be bound by the agreements. preliminary agreement constitutes a binding contract if the parties have agreed on all essential terms and no disputed issues remain to b e resolved. 10

Police officer cover letter Essay Example

Police officer cover letter Essay Example Police officer cover letter Essay Police officer cover letter Essay Cover letter for police officer Police officers and detectives are individuals who have undergone extensive training in order to excel in their work. Since I am interested in becoming a police officer, I have a plan on how to build my career. This is because I want to ensure that my country is free and crime rates are reduced. My plan involves undertaking the necessary education requirements and training requirements before joining the police force. It also involves interacting with the relevant individuals such as those who have retired. Through this, I believe that I will be able to build a proper career. The first important step that I want to plan for before joining the police force is to undergo the necessary education requirements. There are different education requirements for becoming a police officer that can range from high school certificate to a degree in college (Gresham Para. 2). However, I plan to attain a college degree so as to have higher chances of being recruited in the force. Basically, I plan to pursue a bachelors degree in criminal justice (Gresham Para. 2). This is because it is related to a lot of other fields of study such as psychology, public administration and sociology. Besides this, I will want to learn about political science or police science as minor areas of study in college. Once I complete my college studies and attain the relevant educational requirements, I plan to join the police training academy. The purpose of joining the police academy is so as to allow me to get the necessary training that is required of each police officer (Gresham Para. 3). I plan to be part of the academy for about 14 weeks that has been put forward by the administration. Throughout the 14 weeks, I will gain information on different topics such as traffic rules, defense, conducting first aids and also responding to emergency services (Gresham Para. 3). I plan to deeply engage in the training so as to emerge among the best and as such graduate from the academy directly to the police force. Police officer cover letter entry level After completing my training program which I believe I will excel in, I will join the police force in the rank that I will be assigned. I want to work in an area that has high crime rates and drug dealing. I believe my starting salary will be $49,500 as a new officer. However, this may increase in the future since the demand for police will be high owing to the fact that crime rates and other insecurity issues are increasing. Once I have gained the necessary experience, I plan to specialize only on one sector which is narcotics. I am mostly interested in this sector because I believe that it is a major problem in our country which needs to be dealt with effectively. My success in handling this field will determine my promotion. I believe that with my passion and dedication I will quickly rise through the ranks. However, as I rise through the ranks by getting promotions, I will continue pursuing other relevant courses in the police force. This is the plan that I have in mind and which I believe that will work and get me into the police force. I will ensure that I pursue a degree course in a university that has the best police courses. I will also ensure that I can be able to further my education without any challenges once I am in the police force. The most important thing that I intend to maintain is discipline and respect for each and every person that I encounter on my way to becoming a police officer. Gresham, Tom. What Kind of Training and Education are needed to become a Cop? Demand Media 29 Sep. 2016. Web.

The Cross Family of Words

The Cross Family of Words The Cross Family of Words The Cross Family of Words By Mark Nichol Cross, a word with a great variety of meanings, is also at the head of an extensive family of words, some of which are listed and defined in this post. Cross made its way into English circuitously from the Latin word crux, with stops in Old Irish and Old Norse. It originally referred to a post with a crossbeam on which condemned prisoners were hung to be executed. By its association with the execution of Jesus in such circumstances, it became a symbol of Christianity, not only as a t-shaped object but also as a series of gestures that collectively suggest the shape of the cross and are intended to convey an appeal to Jesus Christ for a blessing. Capitalized, the word refers to the specific cross on which the execution took place; in this way, it is also a metonym for the Christian religion. (A metonym is a figure of speech in which a detail associated with an entity or an idea represents the entire entity or idea.) Metaphorically, in the phrase â€Å"cross to bear,† the word also suggests a personal trial, evoking the story that Jesus was forced to drag his cross over his shoulder to the site of his execution. Cross also refers to any similarly shaped object or sign or to an x used as a signature. The word also denotes an act of hybridizing, or crossbreeding, living things or an animal that is a result of hybridization, as well as an intersection, a boxing punch, or a diagonal or lateral pass in soccer or any similar activity, as in a movement onstage during a theatrical performance. The word also pertains to an opposing or thwarting of an intention or to a dishonest or fraudulent contest or practice. Verb and adjectival forms apply to these definitions as well, and the adjective across means â€Å"over,† â€Å"through,† or â€Å"on the opposite side of,† as well as â€Å"throughout,† and pertains to intersecting or passing through at an angle. (Across is also an adverb, as in â€Å"Walk across the field.†) A crusade was originally a military expedition undertaken to assert political and religious control over the region of the Middle East associated with early Christianity; the series of such efforts that occurred during the Middle Ages is referred to as the Crusades. By extension, a crusade is any enthusiastic enterprise. The noun crucifixion, as well as the verb crucify, refers to execution on a cross; the verb also refers metaphorically to ridiculing, scorning, or tormenting someone in the public arena. Cruciform means â€Å"cross shaped,† a crucifer is a person who carries a cross in a religious procession or one of a family of edible plants (and a crozier is a symbolic shepherd’s crook carried by certain Christian clerics); cruciferous describes a specimen in the latter category. A cruciverbalist, meanwhile, is a preparer of crossword puzzles. Other words stemming from crux include the use of the Latin term in English to refer to a difficult or unsolved problem or an essential point or main feature; the resulting adjective crucial means â€Å"decisive† or â€Å"significant,† and excruciating is an adjective meaning â€Å"agonizing† or â€Å"extreme† and refers usually to pain but sometimes to psychologically uncomfortable situations or to unpleasant emotions such as boredom. As seen in a couple examples above, cross is also employed as the first element in a compound word. Other examples include crosswalk and crosswind; most of these are treated as closed compounds, but there are exceptions, including cross-eye and cross-stitch. Occasionally, cross is the second element, as in double-cross. Crucible appears to be related but is not; it derives from the Latin term crucibulum, referring to an earthen pot in which metals are melted. That function, and perhaps the resemblance to words stemming from crux that begin with the element cruc-, led to the connotation of a test or trial or a situation in which significant change occurs. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the General category, check our popular posts, or choose a related post below:100 Exquisite AdjectivesWhat to Do When Words Appear Twice in a Row

Subsea construction Research Paper Example | Topics and Well Written Essays - 2250 words

Subsea construction - Research Paper Example For instance it is genuinely correct to use the word ‘submarine’ or ‘undersea’ but it is not right to say ‘undermarine’ or ‘subsea’ (Palmer, 2008). The services of Subsea Construction include Offshore Services, Vessels, and Shoreboard Services. In gas fields and deepwater oil all over the world, this subsea construction provides work proposals for laying pipes, and also manifold tiebacks and subsea tree and also various others particularly applications of subsea. Fast speeds of transit and huge range of pipeline capabilities which worked for ten thousand feet is also an advantage of flexible construction of subsea fleet. Many experienced engineers are known with leading technology of the technology are an important part of many world-renowned class projects in the frontiers of deep water. The underwater vessels improve economics, execution, and safety (Palmer, 2008). These capacities include enhanced effective operation of tiny-diameter of pipelines, flexible risers, umbilicals, and flowlines. Furthermore, huge diameter pipes are laid out in the bottom of the sea having a six to thirty inch OD; also a S-laid pipe is installed with a radius of seventy to three hundred radius. Six hundred metric ton equipment is consumed to a depth of ten thousand feet. Also a muti-service with an open deck is bolstered with four thousand metric tons of variable load available and the transit speeds provided are as high as fourteen knots (Robinson, 1996). The offshore wind power is an important constituent of Subsea Construction. The infrastructure of transmission of power makes use of many technologies of subsea construction for the maintenance and installation of transmission cables of submarine power and many other equipments of electrical energy. Also, there are monopole basis of fixed bottoms of wind turbines and fastening the cable structures of these hanging wind turbines as they are examined on a regular basis using diversity of

Movie Critque Essay Example | Topics and Well Written Essays - 750 words

Movie Critque - Essay Example Whereas it may seem evident that the theme of racism is ridiculed as being a false and entirely fabricated concept throughout the film, the means by which this is affected is nuanced and not directly straight forward. In this way, the filmmaker is able to create a film that on its surface is about racial prejudice in the deep South while all the time relating a story of personal struggle and sacrifice. For instance, the first of these concepts that the filmmaker greets the viewer with is the harsh realities of life that define the lives of the Tuohy’s as compared to that of Michael Oher and his family. This juxtaposition is useful due to the fact that it is able to bring the viewer face to face with the disconnect that seemingly exists between the two representations of culture that come together within this movie. The message that is therefore conveyed, although not readily apparent to the viewer, is that before chance happenstance brought these individuals together. This tan gential approach to the issue cultural interaction is one that is of course at least subliminally noticed; however, due to the manner in which the issue is broached, the viewer has little knowledge that they have been presented with such a nuanced topic whatsoever. Similarly, a second aspect and topic that is brought to the viewer’s attention is that of race that is covered within the movie is the pervasive fear among white society that since the family now has a black boy living in their house, he must necessarily be a rapist or some other form of criminal. However, rather than give way to such a rampant case of racial bias, the Tuohy family treats young Michael as their own son and do not go to the great lengths of â€Å"protecting† their daughter as the so called â€Å"friends† of the family suggest. Without exhibiting this behavior within the Tuohy family, the filmmaker is able to broach the topic by the conversations that Sandra Bullock’s character h as with her friends around the breakfast table. Finally, the movie approaches the topic of education and achievement as a function of how the Tuohy family work to engage Michael with all of the appropriate tutors and educational advantages that he never experienced before. In this way, the filmmaker is approaching the viewer from a strong position of environment with relation to the age-old argument between environment/culture. Whereas Michael had previously been labeled as learning disabled, he was able to achieve high marks and graduate with distinction due to the efforts that the Tuohy family invested in him. In so doing, the filmmaker is able to engage the audience with the understanding that although the cultural and racial divide that separated Michael from the Tuohy family early in the movie was vast, the correct application of key environmental roles was all that was needed to bridge this wide expanse. In this way, the filmmaker is able to bring unique and nuanced elements o f the ways in which peoples and cultures from different backgrounds