Wednesday, January 29, 2020

Omar Rodriguez-Lopez Essay Example for Free

Omar Rodriguez-Lopez Essay When I say Omar Rodriguez-Lopez, what comes to mind? To most of you new age listeners, absolutely nothing, just Spanish guy name, but to all of you in touch musical geniuses, only one word clouds your brain. Volta. The mars Volta is an Avant garde progressive rock group, who at times may not make sense with words, but completely and utterly make up for it with insane riffs, original scales and crazy drum segments. Omar is the guitarist and founder of the mars Volta; he is also the main song writer. Omar has incorporated guitar into his world and career ever since he was twelve year old, starting off with a bass. When he turned fifteen, he claimed he â€Å"needed more strings† and switched to a guitar, this decision changed his life forever. Omar was born on September first 1975 in Puerto Rico, although he grew up in El Paso Texas, and spent much time in South California. He attended high school in El Paso at Coronado where he met his future band mates. In my eyes, Omar is a musical genius; I mean have you ever listened to l’via l’viaquez? Boom, starts off straight with pure riff, of course the Spanish lyrics add to the awesomeness of it, but this guy is a genius. His music never gets boring, ten minute long songs, anthems if you will, they’re long, but not too long, never repeat a scale or rhythm, but you can still hum the chorus, perfect? I think so. Once Omar realized he was an artist, he did more than just play in a band and write music, he decided to write films, including music for the soundtracks. His first film was called the sentimental engine slayer, which was played in numerous theatres, he was good at this indeed, but his true calling obviously lies in the world of fret boards and fender amps. Omar is actually a big fan of Ibanez guitars, his first two were custom, then Ibanez decided to make him his own, which is available for purchase. Omar lives a low radar life, and loves it. He is inspiring to many, including me, the ways he incorporates and uses guitar in his life.

Tuesday, January 21, 2020

Aristotle Essay example -- essays research papers

y does Plato believe that only Philosophers are fit to rule? Rather than the practical pursuit we are accustomed to, for Plato, Politics is an intellectual faculty. Governance by non-philosophers is to be governed by opinions, beliefs and self-interest; in contrast the philosopher ruler will govern with virtue and justice with no hidden agenda. The philosopher is in love, in love with learning, knowledge and truth. It is important to make a distinction here between the acquisition of knowledge and the acquisition of truth, because knowledge is not necessarily the truth. With the help of an allegory, Plato explains the sensible world of illusion and belief, the place where most people reside. The philosopher has stepped outside this world, into a world of knowledge and truth. Plato makes use of a cave to explain this; I will use another means. A child believes in the myth of Santa Claus, a child has good reason to suppose this myth is true, it is inculcated when he receives Christmas presents, the media, family and friends consolidate the belief, the child even writes to Santa Claus and receives a reply. On Christmas Day this belief becomes a ‘reality’. Through education and maturity, the child will have doubts as to the truth of this illusion. At some stage during the transition from childhood to adulthood he will acknowledge the illusion, and further, during parenthood the myth really comes home to roost as knowledge and absolute truth. (He now has a choice; he can put an end to the myth or continue the cycle) What is distinctive regar ding each stage, is how far they have come out of the cave. Through illusion and belief to knowledge, or from artisan to auxiliary to philosopher. The fundamental prerequisite to becoming a philosopher ruler is to have knowledge of the forms, therefore knowing the truth. The forms do not exist in the sensible world, they can only be found in the super-sensible world. Platos‘ theory of the forms is partly logical and partly metaphysical. The logical part is, take for example a dog, there will be many types of dog, and general particulars regarding a dog. The form of a dog is universal and eternal it has no position in space or time, it is not born when a dog is born, nor does it die when a dog dies. The metaphysical part of the theory is the form of a dog is a perfect, unique dog, created by God. The dog is real, pa... ...ft of the preeminently "excellent" citizen to protect the state's constitution by making him the ruler of the state. Aristotle further justifies his position by stating that a citizen should not be made the ruler of a state because of his wealth or his ancestry. Unless by some chance wealth or ancestry affects the ability of a citizen to work towards the interests of the constitution. Of course the wealthy citizens and those citizens of glamorous ancestry should not be denied the chance to rule the state, for the ruler should be chosen for his "excellence" alone. Even in modern democracies like our own Aristotle's ideas hold true. When we vote in the election of the ruler of our country we, theoretically, are voting for the single most "excellent" citizen of our nation. That is we are voting for that citizen who can do the best job of working towards our common interests. The citizen of a state who has the greatest ability to work towards the salvation of the constitution has a gift that all citizens can benefit from. It only makes sense to beseech that citizen to lead the rest of the citizens in working towards the common interests of the state.

Monday, January 13, 2020

Judicial Department of the Philippines Essay

The judicial power shall be vested in one Supreme Court and such in lower courts as may be established by law. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. Meaning of Judicial Power JUDICIAL POWER is the power to apply the laws to contests or disputes concerning legally recognized rights or duties between the Sate and private persons, or between individual litigants in cases properly brought before the judicial tribunals. Scope of Judicial Power It includes the duty of courts of justice: †¢to settle actual controversies involving rights which are legally demandable and enforceable; and †¢to determine whether there has been a grave abuse of discretion amounting to lack or excess of jurisdiction(infra) on the part of any branch or instrumentality of the government †¢to pass upon the validity or constitutionality of the laws of the state and the acts of the other departments of the government; †¢to interpret and construe them; and  Ã¢â‚¬ ¢to render authoritative judgments  Ã¢â‚¬ ¢It likewise includes the incidental powers necessary to the effective discharge of the judicial functions such as the power to punish persons  adjudged in contempt. Giving of Advisory Opinions not a Judicial Function The judiciary is entrusted by the Constitution with the function of deciding actual cases & controversies. It cannot be required by law to exercise any power or to perform any duty not pertaining to, or connected with, the administration of judicial functions. It is not its function to give advisory opinions. It is a function of executive officials. The doctrine of separation of powers calls for the other departments being left alone to discharge their duties as they see fit. The president and congress are not bound to seek the advice of the Judiciary as to what to do or not to do. It is a prerequisite that something had been accomplished or performed by either of them before a court may enter into the picture. At such time, it may pass in the validity of what was done but only when properly challenged in an appropriate legal proceeding. Furthermore, with so many cases pending in courts where in there is an actual and antagonistic assertion between the parties, it would not serve public interest at all if on matters moot and academic their time and attention would still have to be devoted. Judicial Power Vested in One Supreme Court & in Lower Courts Judicial power, under the constitution is â€Å"vested in one Supreme Court and in such lower courts as may be established by law.† The judiciary composed of the courts is one of the three main divisions of power in our government. Under the provision, only the Supreme Court is a constitutional court in a sense of being a creation of the constitution. All other courts including the Sandiganbayan are statutory courts in the sense that they are creations of law. They are referred to as lower courts in the Constitution, meaning courts below the Supreme Court. In the exercise of its legislative power, congress may abolish any or all lower courts and replace them with other courts to the limitation that the reorganization shall not undermine the security of tenure. It cannot, however, abolish the Supreme Court; neither can it create an additional supreme court because the constitution provides for only â€Å"one Supreme Court†. Neither can it abolish the Sandiganbayan because it existence is constitutionally recognized although congress, in the exercise of legislative power, may determine its functions and jurisdiction. The decisions of the Supreme Court are binding all lower tribunals. Organization of Courts Regular courts  the Phil. judicial system consist of hierarchy of courts resembling a pyramid with the Supreme Court at the apex. Under the Judiciary Reorganization Act of 1980 are: †¢A Court of Appeals (w/ 51 justices headed by a presiding justice) which operates in 17 divisions each comprising 3 members. The court sits en banc only to exercise administrative, ceremonial, or other non-adjudicatory functions; †¢A Regional Trial Court presided by 720 Regional Trial Judges in each of 13 regions in the country; and †¢A Metropolitan Trial Court in each Metropolitan area established by law; a Municipal Trial Court in every city not forming part of a metropolitan area and in each of the municipalities not comprised within a metropolitan area and a municipal circuit; and a Municipal Circuit Trial Court in each area defined as a municipal circuit comprising one or more cities and/or more municipalities grouped together according to law. A court may consist of several branches. Special courts †¢The Court of Tax Appeals was created under RA No. 1125, as amended which has exclusive appellate jurisdiction to review on appeal decisions of the Commissioner of Internal Revenue taxes and decisions of the Commissioner of Customs involving custom duties. †¢The Sandiganbayan was created by PD No. 1606 pursuant to the mandate of the 1973 constitution. It â€Å" shall continue to function and exercise its jurisdiction† as provided in said decree or as may be provided by subsequent law. Quasi-judicial agencies †¢administrative bodies under the executive branch performing quasi –judicial functions, like the National Labor Relations of the integrated judicial system. The same thing may be said of courts martial. The authority for the ordering of courts martial pertains to the President as Commander-in-Chief independently of legislation to aid him in properly commanding the Armed Forces and enforcing discipline. The Court & Judge Court The body to which the public administration of justice is delegated. It is an entity or body in which a portion of judicial power is vested. Judge A public officer so named in his commission and appointed to preside and to administer the law in a court of justice. Court & Judge Distinguished A court is an incorporeal entity composed of one or more judges. Judge alone  does not necessarily constitute a court for a while he is an indispensable part he is only a part of the court. Court cannot exist without a judge. Importance of Judiciary LORD BRYCE â€Å" Nothing is more clearly touches the welfare and security of the average citizen than his sense that he can rely on the certain and prompt administration of justice. Law is respected and supported when it is trusted as the shield of innocence and the impartial guardian of every private civil right. But if the law is dishonestly administered, salts has lost its savour; if it be weakly or unfaithfully enforced, the guarantees of order fail, for it is more by uncertainty than by severity of punishment that offenses are repressed.† CHANCELLOR JAMES KENT â€Å" where there is no judicial department to interpret and execute the law, to decide controversies, and to enforce right, the government must either perish by its own imbecility or the other departments of government must usurp powers for the purpose of commanding obedience, to the destruction of liberty.† MR. JUSTICE ARTHUR VANDERBILT â€Å"It is in the court and not in the legislature that our citizens primarily feel the keen cutting edge of the law, If they have respect for the works of the courts, their respect for law will survive the shortcomings of any other branch of the government; but if they lose their respect for the works of the courts, their respect for law and order will banish with it to the great detriment of society.† Independence of the Judiciary †¢Congress may not deprive the supreme court of the constitutional powers granted to it †¢Congress cannot prescribe the manner in which the supreme Court should sit, and determine the number of justices composing the court. †¢The Supreme Court is given the authority to appoint all officials and employees of the judiciary. †¢The members of the Supreme Court and judges of lower courts enjoy security of tenure. †¢Their salaries cannot be decreased during their continuance in office. †¢The members of the supreme court can only be removed trough the difficult process of impeachment. †¢ The judiciary enjoys fiscal autonomy. SECTION 2 The congress shall have the power to define, prescribe, and apportion the jurisdiction of the various court but may not deprive the Supreme Court of its jurisdiction over cases enumerated in section 5 here of. No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members. 3 Limitation to the Exercise of Power 1.No law shall be passed reorganizing the judiciary when it undermines security of tenure guaranteed for section 10; 2.The congress cannot diminish or other wise impair the original and appellate jurisdiction of the Supreme Court over cases enumerated in section 5; 3. No law shall be passed increasing the appellate jurisdiction of the Supreme Court without its advice and concurrence. Jurisdiction of Courts †¢General †¢Limited †¢Original †¢Appellate †¢Exclusive †¢Concurrent †¢Criminal †¢Civil SECTION 3 The judiciary enjoys fiscal autonomy. Appropriations for the judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released. SECTION 4 The Supreme Court shall be composed of a chief justice and fourteen associate justices. It may sit en banc or in its sit discretion, in division of three, five, seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof. All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which under the rules of are required to be hear en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamation, orders, instructions, ordinances and other regulations, shall be decided with the majority of the members who actually took part in the deliberations on the issues in the case and voted thereon. Cases or matters heard by the division shall be decided or resolve with the concurrence of the majority of the members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case, without the concurrence of at least three of such members. When the required number is not obtained, the case shall be decided en banc: Provided that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc. Composition of the Supreme Court The new constitution retained the membership of the supreme court of 15  members including the chief justice under the 1973 charter (sec.4). The phrase â€Å"unless otherwise provided by law† in the 1935 constitution was deleted in the 1973 constitution clearly showing the intention to withdraw from congress the power to alter the composition of the supreme court. The constitution requires any vacancy to be filled within 90 days from the occurrence thereof. Sitting Procedure The supreme court may sit in en banc (i.e..as one body) or in division of three, five or seven members. On the basis of fifteen members the number of division will be five, three or two meeting separately. Cases to be heard or decided en banc and vote required 1.All cases involving the constitutionality of a treat, international .or executive agreement, or law (statute). 2.All other cases including those involving the constitutionality, application or operation of presidential decrees, proclamations, orders, instructions, ordinances and other regulations. 3.Administrative cases where the decision is for the dismissal of a judge of a lower court. 4.Cases heard by a division. 5.Cases modifying or revising a doctrine or principle of law. Meaning of Executive Agreement Is an agreement entered into by the resident on behalf of the Philippines with the government of another country and is effective and binding upon the Philippines without the concurrences of congress. Classes of Executive Agreements Those made purely as executive acts affecting external relations and independent of legislative authorization.. They may be taken the form of a  protocol, an instrument supplementary to a treaty or convention, exchange of notes, and other types of documents. Those entered into in pursuance of acts of congress. They affect internal affairs and domestic rights. They include tariff and postal arrangements, visa fees, commercial relations, and matters affecting trademarks and copyrights, and the like. Meaning of Power of Judicial Review Is the power of the courts, ultimately of the Supreme Court, to interpret the Constitution and to declare any legislative or executive act invalid because it is in conflict with the fundamental law. Limitations on exercise of power of judicial review 1.There must be a concurrence of at least a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon. 2.A law, etc., must be sustained unless clearly repugnant to the Constitution in view of the presumption of validity. 3.The question of wisdom, propriety, or necessity of a law, etc.,is not open to determination by the court. 4.Political questions are generally addressed to the political (i.e., elective) branches (namely, the Presidentand congress) of the government and are, therefore, not jusiciable. Justiciable distinguished from Political question †¢ A justiciable question- is one which affects personal or property rights accorded to every member of the community in cases if properly brought before the judical tribunals. †¢ A political question – is one which under the Constitution, â€Å"is to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government.† SECTION 5. The Supreme Court shall have the following powers: 1.Exercise original jurisdiction over cases affecting ambassadors, other public ministers and the consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and the habeas corpus. 2.Review, revise, reverse, modify or affirm on appeal or certiorari as the law or the Rules of Court may provide final judgments and orders of lower courts in: a.All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regular is in question. b.All cases involving the legality of any tax, impost assessment, or toll, or any penalty imposed in relation thereto. c. all cases in which the jurisdiction of any lower court is in issue. d.All criminal cases in which the penalty imposed is reclusion perpetua or higher. e.All cases in which only an error or question of law is involved. 3.Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned. 4.Order a change of venue or place of trial to avoid a miscarriage of justice. 5.Promulgate rules concerning the protection and the enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, or increase or modify substantive rights. Rules of procedure of special courts and quasi-judical bodies shall remain effective unless disapproved by the Supreme Court. 6. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

Sunday, January 5, 2020

Icu Case Study - 2940 Words

Case Study A 45 year old male was admitted to ICU following an exploratory laparotomy which showed a ruptured appendix and peritonitis. The procedure began as a laparoscopic cholecystectomy but the initial finding was pus throughout the peritoneal cavity and a normal gallbladder. An open exploratory laparotomy where a ruptured appendix was discovered which was removed and a washout was performed. The patient had a two day history of abdominal pain prior to his admission through AE. He had no previous medical or surgical history. The patient smoked 20/day and drank alcohol at the weekends. Once admitted to ICU, he was intubated and ventilated on bilevel ventilation and sedated with propofol and fentanyl. In theatre he received two†¦show more content†¦Suctioning resulted in moderate to large amounts of white sputum. The patients wife stated that he had been suffering from a cold for one week prior to admission. Therefore an increase in PEEP (Hi and Lo) was required to recruit the alveoli and aid in good gas exchange. (Dellinger at al, 2007) It is recommended that positive end expiratory pressure is set to avoid extensive lung collapse on expiration. (Dellinger et al, 2007) Maintaining pressure and spontaneous breathing resulted in an increase in arterial oxygenation and helped prevent a deterioration in pulmonary gas exchange. (Putensen et al 2006) Studies have been carried out to determine whether high PEEP increases patients outcomes. These include the ALVEOLI study and the Lung Open Ventilation (LOV). These studies do not show an improvement on mortality with the increase in PEEP however show a decrease in days on the ventilator. (Mercat et al 2008) The patients right side was worse than the left on the CXR and auscultation. Therefore he was being positioned right side up and his back on pressure area cares. Repositioning patients not only protects the patients skin but it also improves gas exchange and decrease the risk of ventilator acquired pneumo nia. (Deutschmann and Neligan, 2010) Positioning the patient with the good lung down may improve paOâ‚‚ and aid in the drainage of secretion. (Deutschmann and Neligan, 2010) Elevating the head ofShow MoreRelatedCase Studies13817 Words   |  56 PagesCASE STUDY #1 A Job Search Dilemma Eric, a second-semester senior, is looking for a job. Anxious about finding work in the worst economy in decades, he sends out scores of resumes for a wide variety of positions. The first call he gets is for a position that doesnt really interest him, but he figures he should be open to every opportunity. He schedules an interview, which he aces. In fact, the recruiter offers Eric the job on the spot. He would like Eric to start as soon as possible. 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