Treasure Found in Land Law Problem Question

Treasure Found in Land Law Problem Question Craig In regards to the items found by Craig, assuming they are not classified as treasure using the Treasure Act 1996, it can be suggested that Craig does not have the right of ownership of the items and must return them to Sarah and Tony. This is because he has found them during the course of his employment. Craig has worked at the Manor Farm for many years which is owned by Sarah and Tony. This suggests that he is an employee of Sarah and Tony. The rule is that if items are found during the course of employment, they belong to the employer, as seen in South Staffordshire Water Company v Sharman, where because the employees found the rings during the course of their employment, (they were employed to clean the pool and the rings were found whilst they did so) they belonged to the landowner[1]. Donaldson LJ reinforces this rule in Parker v British Airways Board where he states that an employee who finds an item during the course of his employment finds that item on behalf of his employer[ 2]. What this shows is that unless there is a term in the contract of employment which allows the employee to keep items found during the course of their employment, or the employee finds the items outside the course of their employment, the items belong to the employer. Applying this rule to Craig, he found the items whilst ploughing one of the larger fields of Manor Farm. Although Craigs job description is not stated, one can assume that he found the items during the course of his employment. If ploughing is not stated in his job description, then Craig can keep the items as he would be working outside the course of his employment, Also, if it is stipulated in the terms of Craigs contract that he can keep items found during employment, then he can keep the items. If this is not the case, the items will belong to Sarah and Tony as employers and landowners. The reason why the items cannot be said to belong to the true owner is because the law assumes that items found in land belong to the owner of the land, whereas items found on land belong to the true owner. Here, the items were found in land as Craig discovered them whilst ploughing. This is seen in Waverley Borough Council v Fletcher, where Auld LJ stated that when it comes to items in the ground, the original owner is unlikely to be found, thus the law looks for a substitute owner, which is the owner of the land where the item is found[3]. Treasure: If the items found by Craig are considered treasure under the 1996 Treasure Act, Craig alongside Sarah and Tony may receive compensation. However, this is at the discretion of the Secretary of State[4]. To determine whether the items found by Craig can be considered as treasure, one must look to the criteria set out in the Treasure Act 1996. In regards to the coins, it can be argued that they can be considered as treasure. This is because Craig found numerous coins. This could mean that there are at least two coins or ten or more coins[5]. If the coins fall into the former, they will need to have precious metal on them[6] (gold or silver[7]). If they do not, they can still be classified as treasure if they fall under the latter. As they appear to be very old, they could be at least 300 years old[8]. If this is not the case, then the coins cannot be classified as treasure. If it is the case, then Craig could be able to be reimbursed at the Secretary of States discretion for finding th e coins. Although the cup found by Craig is decorated with intricate pattern, suggesting that it is very old and valuable, it is ambiguous as to what metal the cup is made of. If it is made of precious metal[9], then it can be classified as treasure. However, if not, then it is not treasure. Yet, because the cup was found in the same find as the coins[10], it can be classified as treasure.   The same can be said for the pottery vase which prima facie can be said to not fall under the definition of treasure as it does not have any precious metal on it[11]. Nevertheless, as it was found in the same find as the coins and cup, it can be considered as treasure. Assuming all these items are classified as treasure, the onus is on Craig to contact the Coroner within 14 days to notify him of the items found, otherwise he will be fined[12]. The reason why it is Craigs responsibility and not Sarah and Tony is because Craig decided to put the items in his bag and take it to his cottage. He did not inform Sarah and Tony about the items. Donald In regards to the diamond ring found by Donald, it is unclear whether he has the right to keep the ring or not. Although Donald is a guest at the farm, it is not clear whether the area where he found the diamond ring was a public or private area as guests are not usually allowed access to the working areas of the farm. Applying the principle in Bridges v Hawkesworth where it was stated that the parcel which contained notes were found in the public part of the shop and as such the notes were never in the custody of the shopkeeper[13], if Donald found the ring in a private area, he will not be entitled to keep the diamond ring, and must hand it over to Sarah and Tony as it can be said that they have custody of it. However, if the diamond ring was found in an area which Donald had access to, it can be argued that he has a right to the diamond ring due to the rule of finders keepers established in Armory v Delamirie where it was held that though the plaintiff did not have an absolute right of ownership by finding the jewel, he was entitled to keep the jewel unless the true owner claimed it[14]. Similarly, it can be argued that Donald has the right to keep the diamond ring unless the true owner can be found. Using Donaldson LJ rules on the rights and obligations of a finder in Parker v British Airways Board, Donald is under an obligation to take all necessary measures to find the true owner of the[15] diamond ring. As he has not done so (he decides to keep it and give it to his girlfriend), it can be said that he does not have rights to the diamond ring. Also, using Parker v British Airways Board, it can be stated that Sarah and Tony may have a right of ownership to the diamond ring. They would h ave to show that they manifested an intention to exercise control over the area the diamond ring was found[16]. Yet, this principle is quite ambiguous. How does one manifest an intention to exercise control of an area? A test to suggest an intention to exercise control was not formulated in Parker v British Airways Board. Perhaps one can use the factor Donaldson LJ used in this case, which is that British Airways should have had a policy on lost and found items which was available to the public[17]. Similarly, it can be stated that perhaps Sarah and Tony must showcase that they have a policy on lost and found objects which is available to the public to prove that they had manifested an intention to exercise control over the area the diamond ring was found. Nonetheless, as stated by Bray, Donaldson LJ concept of control is harsh as it leaves some doubt in the law as to what exactly a landowner must do to manifest an intention to control the land[18]. This would mean that if Sarah and Tony do not have a policy that is available to the public, Donald can keep the diamond ring provided he has tried to find the true owner. Assuming the diamond ring was found in an area which Donald can access, there is a problem posed as it is ambiguous as to if the diamond ring was found in or on land. This is because it was buried in some long grass. As stated by Stevens, the law is unclear in this area[19]. The distinction is important to make as it will determine who has the better right of ownership to the diamond ring. If the diamond ring can be said to be found on land, then Donald is entitled to the diamond ring if he has tried to find the true owner. If it was found in land, then Sarah and Tony will be entitled to the diamond ring as it is assumed that things found in land belong to the owner of the land. Another reason why Sarah and Tony may be entitled to the diamond ring if it was found in land is because Donalds status would have changed to that of a trespasser as he had to reach into the ground to pick up the diamond ring- he has gone beyond his authorisation as a guest. However, it can be argued using th e reasoning of Auld LJ in Waverley Borough Council v Fletcher that Donald is not a trespasser and that the diamond ring was found on land. This is because picking up the diamond ring might not have interfered with the land or damaged it[20]. Yet, it can be argued that because the diamond ring was buried in some long grass, damage might have been done as perhaps Donald would have had to pull the grass from the roots to retrieve it. If it is the latter, Donald is a trespasser and has exceeded his licence on the land. If it is the former, Donald can keep the ring, provided he has tried to find the true owner. Treasure: The diamond ring is not treasure as it does not fit the definitions given in the Treasure Act 1996. The age of the ring is not told, it is not made of precious metal (gold or silver), neither was it found alongside any item that can be defined as treasure[21]. Thus, the diamond ring cannot be classified as treasure. Eric In regards to the  £50 note found by Eric, it can be argued that Eric has a right of ownership to the money (provided he tries to find the true owner). As Eric was in the garden on the day that it was opened to the public, it can be said that he found the money in the public part of the farm. This can be seen in Bridges v Hawkesworth where it was stated that the notes were dropped in the public part of the shop and as such they were never in the custody of the shopkeeper[22]. Likewise, it can be said that Sarah and Tony were never in custody of the  £50 note as it was found in a public part. Also, one can argue that the  £50 note could go unnoticed until someone saw it. However, using Parker v British Airways Board, it can be said that Sarah and Tony may have a right of ownership to the  £50 note. They would have to show that they manifested an intention to exercise control over the area the  £50 was found. This could be done by them showcasing that they have a policy on lo st and found items which is available to the public. If they do not have such a policy, Eric can keep the  £50 note, provided he tries to find the true owner. Conclusion Craig does not have a right to ownership of the items which he found as they were found during the course of his employment. It can be said that these items are treasure so he would have to notify the coroner of his finds. Donald, depending on whether he has access to the area the diamond ring was found may have a right of ownership, but he must try to find the true owner of the diamond ring. Eric is entitled to keep the  £50 note, provided Sarah and Tony have not manifested an intention to exercise control of the area he found it on. [1] [1896] 2 QB 44 [2] [1982] QB 1004, 1017 [3] 1996] QB 334, 344 [4] Treasure Act 1996, s 10(3) [5] ibid s1(1)(a)(ii) and (iii) [6] ibid s1(1)(a)(ii) [7] ibid s3(3) [8] ibid (n 5) [9] Treasure (n 4) s1(1)(a)(i) [10] ibid s1(1)(d)(i) [11] Treasure (n 9) [12] ibid s8(1) and (3)(a)-(c) [13] (1851) 21 LJQB 75 [14] (1722) 1 Str 505 KB, [1] (Pratt CJ) [15] ibid (n 2) 10 [16] ibid [17] ibid (n 2) 1019 (Donaldson LJ) [18] Judith Bray, The law on treasure from a land lawyers perspective [2013] Conv 265, 267 [19] John Stevens, Finders weepers- landowners keepers'[1996] Conv 216, 219 [20] ibid (n 3) [21] Treasure (n 4) s1 [22] ibid(n 13)

Left Brain vs Right Brain Learning Styles Essay

People learn in many different ways, but do you ever wonder why that is. Why are we so different and learn so differently? The brain is the answer to that question. The brain gives us what we need to determine what and who we are as people. Because of the human brain’s complexity, professors and teachers are starting to see that one way of teaching is not always the best way from everyone. â€Å"Each child processes new information in ways are related to environmental, emotional, sociological, physiological, and psychological elements† (Green, 1999, p. 684). When it comes to the process of learning and thinking, the average person has two sides of the brain that determines how they learn. The two main halves of our brain are the right brain and the left brain hemispheres. Each hemisphere performs different functions and communicates information differently. One hemisphere is not more important than the other but they do determine how we see things and interpret them in our mind. With the left brain hemisphere, the characteristics are mathematical and analytical and with the right hemisphere the characteristics are more creative and imaginative. The brain is very complex to understand. Once we learn how the left side brain learns and how the right side brain learns, then we can better develop a way of learning for all types of students and people. The left side hemisphere of the brain include characteristics such as language skills, mathematical concepts, analytical skills, and logic and reasoning. Those individuals that have this brain hemisphere dominance are good with letters, numbers and words (Sousa, 1995, p. 88). The concepts of learning for the left side brain hemisphere is based on step by step instructions. A person who is dominant on their left side hemisphere learns better by having a plan to follow with organization. Learning facts and solving problems are some of the many ways to teach people with a dominant left side. Those people do not like surprises and they don’t like to learn courses that have no connection to the real world. They tend to want to deal with things the way they are in real life, not in a fantasy world. Left side learners are affected by their environment and have a hard time adapting to changes in their environment. Some of the other things that left side dominant learners are good at over the right side is they are better at memorizing facts and doing hands on work. They are list people and process things in a linear manner. Everything must be in sequential order to make things easier to learn. This is why math comes so easy for them because that is all math is a sequential order of steps to get to a solution. Left side learners do have trouble expressing themselves in words which makes the right side learner more dominant in that area. The right side hemisphere of the brain is quite different. The right side dominant people prefer to discover the possibilities and are good at grasping new concepts. They are more comfortable with abstractions and do not like courses that involve a lot of memorizing and routine calculations. The right side learner usually needs background information before a lecture or to have an abstraction before they read a book or chapter. This helps them better prepare for their class or what they are about to begin. They want to see, feel, or touch the real object. They have a need for things to be concrete, not theory. The right side learner does not like repetition unlike the left side learner. They need to see words and how a formula works in order to grasp the concept of how it works. Creative arts, music, and facial recognition are the dominant portions for the right side learner. Because they are color sensitive, right side learners try to use color to learn sequence. For example how to get to the grocery store from where they live. They would try to match up places and how they looked to where they might need to turn or go to. It is known as the Artist Brain because it is in charge of creative talents. Since both sides of the brain are not equal in the way that a person learns things, each side serve their purpose. For everyone, one side of their brain is more dominant than the other but no one is just right side or left side alone. â€Å"When learning is new, difficult, or stressful we prefer to learn in a certain way† (Hopper, 2007, p. 2) . Both sides of the brain are needed to function and communicate with each other through the corpus callosum which sends messages back and forth to each other between the right and left hemispheres. So now that we know that not everyone learns the same due to the left or the right hemisphere being more dominant than the other for those people, how do we become better teachers to provide a better learning environment for both sides. â€Å"While brain research alone can’t tell us how to teach people, understanding the brain leads to uncovering underlying learning mechanisms† (Worden, Hinton, & Fischer, 2011, p. 10). With this understanding of how both sides of the brain work, teachers and researchers can better train and teach students how to do things based on what side brain they use the most. There should not be just one way of learning something. Teachers have a hard job, but with knowledge and understanding they can better equip today’s leaders with the right tools to success. In conclusion, both sides of the brain are powerful in their own ways. The left side hemisphere learn by logical process and right side hemisphere learns by more creative ways. With understanding what each side does and how both sides might work together, we can come up with better ideas on how to teach students better for all types of learners. There is no one right way to teach someone something. It is finding that way to get them to understand things that poses as a challenge for us today. Each side serve their purpose and help each other along the way. With this understanding, we can become better teachers for the average person to the mentally disabled. References Green, F. E. (1999). Brain and Learning Research: Implications for Meeting the Needs of Diverse Learners. Education, 119(4), 682. Hopper, C. (2007). Learning Styles. Retrieved March 3, 2013, from Learning Styles: http://frank. mtsu. edu/~studskl/hd/learn. html. Sousa, D. R. (1995). How the brain learns. Reston, VA: NASSP. Worden, J. M. , Hinton, C. , & Fischer, K. W. (2011). What Does the Brain Have to Do with Learning?. Phi Delta Kappan, 92(8), 8-13.

Leadership Vision Paper Essay

The vision statement continues the expression of the desired service and the level of achievement necessary to achieve the mission. The values selected are those that support example of innovation-based mission, vision, and values statement (Porter-O’Grady & Malloch, 2011.) My vision statement is: To treat all patients with dignity and respect at all times. To explain not only what I am about to do for them, but why. I will provide Evidence-based research, when available, for their knowledge. I will allow them autonomy, in their decisions. I will provide each patient compassion and empathy, at all times. I will remember they are a person not just a patient. We will come to understand the vision through the various sections of this paper. The sections are: Key concepts of vision, Critique of evidence, Importance in nursing and lastly, the Summary. Key concepts of vision I believe that when a patient is given the evidence-based information in a clear and concise manner, they are in a better position to make better medical decisions. While I am providing each patient with evidence-based research, I am proving them with the necessary tools to make the informed decisions. In turn, giving them the autonomy they deserve. Being respectful, showing empathy and compassion are all easy tasks to perform, when the patient is thought of as a person, not just a patient. An example would be when I explain why I am about to perform some task, not simply that I am going to perform the task. I need to ask permission of the patient, giving them the opportunity to reject the task. It may be in their best interest to have the task performed, but, if I respect them, then I will respect their decision. Critique of evidence In an article titled, Toward the ‘Tipping Point’: Decision Aids and Informed patient Choice, â€Å"there is strong evidence that patient decision aids not only improve decision quality but also prevent the overuse of options that informed patients do not value†. Which I believe aids in better patient satisfaction. Policymakers increasingly believe that encouraging patients to play a more active role in their health care could improve quality, efficiency, and health outcomes (Coulter & Ellins, 2007). Another area that I have an important stance on is that the patient is a person, not just a patient. In an article by Danielle Ofri, she talks about a crowded waiting area where the medical assistant is yelling out the patient’s name, so cattle-like. â€Å"Nevertheless it feels horrible to me, so demeaning, like we’re in the DMV instead of a medical clinic. I want the environment to be more humane, more civilized, and so when I go out to call a patient, I use a much softer voice, with a tone that I hope conveys more respect.† Importance to nursing According to Lesly Simmons, a blogger for Georgetown University, the Nursing profession is the most ethical and honest profession for the 11th year in the Gallup survey. â€Å"Nurses have been the highest ranked profession for 11 out of 12 years.† So why is that? Nurses consistently capture patient and public trust by performing in accordance with a Code of Ethics for Nurses that supports the best interests of patients, families, and communities. They often are the strongest advocates for patients who are vulnerable and in need of support (Sachs & Jones, 2012). Summary Treating the patient as a person shows the patient that I respect them as a person. When I respect them as a person, I have more compassion and empathy for them. When I have empathy, compassion and respect for them, I can help them make better choices. By giving them evidence-based research I am providing them with the tools so they can be more informed. By being more informed, they have a better understanding of their situation. By them understanding their situation, they will then have autonomy. Allowing the patient autonomy, gains respect from the patient for the nurse. Hence, making the nursing profession the most honest and ethical profession over the last decade. So, I continue to keep my vision statement close at hand. References Coulter, Angela., & Ellins, Jo. (2007). Effectiveness of strategies for informing, educating and involving patients. BMJ 2007;335:24 O’Connor, A. M., Wennberg, J. E., Legare, F., Llewelllyn-Thomas, H. A., Moulton, B. W., Sepucha, K. R.,Sodano, A. G., & King, J. S. (2007). Toward the ‘Tipping Point’:Decision Aids and Informed Patient Choice. Health Affairs. May 2007. Vol. 26(3) p716-725. Ofri, Danielle. (2012). Humanizing Medicine and Respecting the Patient. A Sweet Life. January 19, 2012. Retrieved on January 16, 2013 from http://asweetlife.org/feature/humanizing-medicine-and-respecting-the-patient/ Porter-O’grady, T., & Malloch, K. (2011). Quantum leadership: Advancing innovativion, transforming health care. Strategies to integrate and advance innovation. 3rd ed. p149. Sudbury, MA: Jones & Bartlett. Sachs, Adam & Jones, Jemarion. (2012). Nurses Earn Highest Ranking Ever, Remain Most Ethical of Professions in Poll ANA Urges Policymakers to Listen to Nurses on Health Care Policy, Funding. American Nurses Association. News Release December 4, 2012. Simmons, Lesly. (2011). Nurses Most Respected Profession for 11th Year. Nursing@Georgetown Blog. May 16th, 2011.

Disparity, Discrimination, Judicial System, And State Law...

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