Chief Justice Marshall Rules Against William Marbury

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District of Columbia, 180-In the Marbury v. Madison case, Chief Justice John Marshall has ruled against William Marbury. William Marbury had wanted to sue the secretary of the state, James Marshall for refusing to deliver Marbury's commission. "The law allowing Marbury to sue is not authorized by the Constitution." said Chief Justice Marshall.

William Marbury's lawsuit was that he and three others were not given their commission. William Marbury had turned to the Supreme Court to ask for a writ if mandamus; a court order directing a public official to perform his or her public duties. It applies to duties that an officeholder is required by law to perform rather than acts within the discretion of the officeholder. As a preliminary measure in the mandamus action, in December 1801 Chief Justice Marshall issued an order to Secretary of State Madison directing him to explain why the Court should not issue the writ compelling him to deliver Marbury's commission. Madison was supposed to respond during the next term of the Supreme Court, scheduled to begin in June 180. However, in March 180 Congress intervened, passing the Judiciary Act of 180. Among other things, this act changed the Supreme Court's schedule to one single annual term, commencing in February. When Marshall had ordered Madison to respond to the writ of mandamus at the next term of the Supreme Court, Marshall had assumed that the term would be six months later, in June 180. Instead, the next term was in February 180. Because of the Judiciary Act of 180, the Supreme Court did not meet at all from December 1801 until February 180. When the Supreme Court finally met, Madison never appeared for the order nor did he send a lawyer to represent him. At this point, Chief Justice Marshall could choose to be in favor with Marbury, especially Madison had no defense go against Chief Justice Marshall. However, Marshall believed that Madison would ignore any order from the Supreme Court. This would humiliate the Court and make it appear powerless, so Chief Justice Marshall didn't go in favor with William Marbury.

In deciding, Chief Justice Marshall asked these three questions to Madison (1) Was Marbury entitled to the commission? () If he was entitled to the commission, did the law provide a remedy for the failure to receive it? and () If the law did provide a remedy, was that remedy a mandamus issued by the Court? James Madison answered the first question in great detail and he concluded that giving Marbury his commission would violate Marbury's legal rights. He then turned to the second question whether the law would redress this violation of Marbury's rights. Marshall's assertion of an obvious legal principle was unequivocal "The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury."

In the end Marbury did not get his commission and never became a justice of the peace in Washington, D.C. Secretary of State Madison could not complain about the outcome of the case, because he won. He was not ordered to deliver the commission to Marbury. Marshall was able to declare a law of Congress unconstitutional, and he did it in a way that required no action on the part of the executive branch. Most importantly, the opinion established the right, the power, and the obligation of the courts to strike down laws that violate the Constitution.

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Physics coursework, the effects of forces on a sliding wooden block.

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Planning

Introduction

For this piece of coursework I have been set a task to find what factors effect the distance a wooden block travels when projected over a surface. Each time I do this I have been asked to change a different variable. There was a wealth of different variables I could have chosen but for this particular experiment I have decided that I will change the weight of the block each time I fire it. This will involve firing the cart a certain number of times but each time adding some more weight. For my second variable I will change I have decided on changing the amount of elastic bands used to fire the cart. This will involve each time of firing the cart adding one more elastic band to wherever the other bands used previously had been attached to. To carry this experiment out I will have to take a few precautions. Firstly I will have to make sure the chair that I will have the elastic bands attached to as my firing platform is securely attached and balanced on the table to make sure there is no risk of it falling on anyone or onto anything valuable or dangerous. Also I must make sure that when I fire my cart across the table there is no risk of it hitting anyone or once again anything. There is also a

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Few more things I must do before starting my experiment. Firstly I will carry out a preliminary experiment this is to test everything is working fine and also to see what works and what doesn't and to obtain a good method of firing the cart. Finally to round the test off perfectly I must make sure it is a fair test. There are numerous ways I can do this. Firstly I must make sure that I only change one variable each time. Secondly I must make sure I use the same cart each time and I must ensure that I use the same apparatus each time even the same elastic bands.

Preliminary Experiment

During my preliminary experiment I tried many different methods of acquiring the data, firing the cart and types of apparatus used to fire the cart. The purpose of this was to find the easiest, fairest and most efficient way of performing the experiment. Also this preliminary experiment has aided my opinions for my predictions.

Method

I have now carried out my preliminary experiment I have discovered the most efficient method of firing my cart which is easy and most of all fair. To fire the cart I will every time use the same standard desk to fire it across. For my firing platform I have decided on firing it from some elastic bands which will be attached to a run of the mill lab stool. Along the side of the desk

I will place two one-metre rulers to get a measurement from when the cart stops. Each time I fire the cart I will make sure that each time I pull it back to the begging of the ruler attached to the desk to give every go the same force and make it fair. Once the cart stops to measure it each time I will take the measurement from the most prominent point of the cart. To acquire the data for every weight or every amount of elastic bands I will take the reading three times and then average it out. This will make my data a lot more accurate and exact.

Diagram

This is an example of the stool I used

Predictions

For this experiment I am changing two different variables but only one at a time. Firstly the amount of weight exerted on the cart. Each time I am going to add a ten-gram weight to the cart attached by selotape. During the rest of this write-up I will call this experiment A. Secondly I will change the amount of rubber bands I use each time adding one more onto the firing platform every time I fire it. I will call this experiment B. My prediction for experiment A is that as the weight of the cart goes up the distance that the cart travels will be less. This is due to the force acting against the car each time getting less and less equal. Meaning the car will get slower and slower. My prediction for experiment B however is completely different. I predict that as you increase the number of elastic bands on the firing platform the cart will travel further. This is due to the amount of force firing the cart increasing every time giving the cart greater velocity causing it to travel further each time.

List of apparatus

• Metre ruler

• Selotape

• Wooden cart

• Stool

• Elastic bands

• 10g weights

Analysing

What I have found

I have found many different things from this experiment.

Firstly I have proved my first prediction for experiment that by adding more weight to the cart it will travel less and less as the weight goes up. This is shown firstly in my graph for this experiment as the numbers go down and secondly in my table where the numbers get less and less. This is due to the fact that adding more weight will increase the friction and with more friction over a surface the slower something will travel over it giving the cart less acceleration meaning it will travel less.

Secondly I have proved my second prediction for experiment B that with more elastic bands the cart travels further. Once again this is shown in my graph and in my results table as the numbers get bigger. This is in accordance with Newton's nd law, which states 'If a force acts on a body it causes the body to change its motion.' So by adding more elastic bands you are causing the cart to change it's motion and travel further.

What I have observed from the graphs and data tables

From the graphs and tables I have noticed a few patterns and coincidences.

Firstly I have noticed that in the graph and data table for experiment A as the numbers get smaller they start to even out. This is due to the forces acting against the block becoming more equal which contributes towards and eventual equilibrium.

Secondly I have noticed that in experiment B the numbers on the data table start off quite close to each other then as you add more bands the numbers go up. This is due to the force of the elastic bands going up firstly by doubling then by trebling and so on so each time the force becomes so much more.

Evaluating

To conclude this experiment I have found that I did not obtain any out of place or peculiar data from either experiment. Also I think the quality of the data I have taken has been on the whole very good. There are a few things that maybe In a perfect world I could have done to improve this experiment. For example I could have measured each fire of the cart ten times each to obtain some very precise averages, I could have also maybe measured everything to the nearest micro metre to make the results obtained even more precise. To round the experiment off I think that it was a success and that I have taken some proper data that fits with the patterns of the graphs.

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Blah

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Frankenstein

Mary Shelley

Characters

Victor Frankenstein A young scientist that studies under various professors at a university. Pushes forward until he discovers hidden life secrets and creates a monster without thinking about the consequences of his actions, or taking total responsibility for his creation. Very passionate.

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Elizabeth Frankenstein Adopted sister to Victor who he marries later in life. Totally devoted to Victor. Kind, compassionate, and seen by many as weak.

Henry Clerval Victors best friend. Completely devoted to him. Nurses Victor back to health after Victors scientific discovery. The relationship was mainly held together by Henrys devotion, Victor never entrusted him with his discovery.

The Monster Made of various body parts from dead bodies found my Victor. Tall, yellow skin, and black hair. Never given a name by Victor. Sensitive. Tried to communicate with other human beings many times but was seen as nothing but a monster, he learned language and human conduct by watching a family.

Robert Walton A sea captain. Listens to Victors tale close to the end of Victors life.

Setting

Beginning Robert Walton is traveling on a ship to the north pole when he picks up Frankenstein.

Frankensteins story all over Europe, mainly English, Ireland, and France

Monster Most of his life is in Germany

Plot Elements

Point of view Changes with the different narrators makes an unbiased work

Narrator Robert Walton, Frankenstein, monster

Tone Fairly neutral through out the novel, at some points the tone changes to angry and has a quicker pace.

Themes

Playing God playing God in this novel with Frankensteins creation of the monster brings to mind many moral questions. Should man be aloud to 'create human beings? Were does religion have a place in modern society? Is there and should there be a stopping point for technology?

Responsibility Frankenstein did not take complete responsibility for the monster, his child, should be held responsible for the acts of the monster. Would things have been different.

Judgement The monster was more compassionate and kindhearted to man kind that Frankenstein was yet Frankenstein got the sympathy. People choose to judge the monster by his appearance and not his inner feelings which may have been a reason for his turning against humanity.

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'The Red Room' : an introduction. How does Wells generate interest and tension in the opening pages?

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'The Red Room' an introduction. How does Wells generate interest and tension in the opening pages?

'It will take a very tangible ghost to frighten me.'

(p05, line 1)

The narrator is optimistic that he will not be easily scared and this makes the reader feel that something bad will take place. To enforce this feeling, the narrator is also made to seem naïve 'There's a many things to see when one's still but eight-and-twenty'.

Wells includes much incidental detail in his writing, such as the furniture throughout the castle. This style of writing creates mystery and distracts the reader's attention from the characters and the challenge that the narrator is undertaking. Use of repetition is also common, for example, 'It's your own choosing', and 'This night of all nights', giving the reader a premonition that something bad may occur. The conversations have mysterious qualities. The conversations are truncated and sometimes appear to be even said in riddles.

Because the story begins in media res, with neither introduction nor background information given, we do not know the purpose of the narrator's or old people's presence and this leaves the reader questioning, guessing and feeling uncomfortable. The room in which the story starts contains a lot of Gothic features, such as the candle, the fire and the shadows. This makes the reader wonder whether this same Gothic atmosphere hangs over the whole house. The imagery of the old people portrays illness and disease 'bent carriage', 'withered arm', 'decaying yellow teeth', 'his lower lip… hung pale and pink'.

We receive the record of the events from the narrator's mind and the reader must ask if this is a trustworthy source because the opinion of the narrator is subjective. Also, we do not know if we can rely on the narrator as we do not know him, due to the lack of given information. The untrustworthiness and the overconfidence of the narrator create tension when merged and the reader is not sure about what he wants the narrator's fate to be.

The physical features of the story are typical of a story of this genre. For instance, old people are common in mystery stories as well as castles and incidental detail such as 'the great window on the grand staircase', the flagstones and the sconces. However, the author, to an extent that it seems that the genre is being satirised, has purposely over exaggerated the details. This is partially done through the use of extreme hyperbolical language, such as 'inflamed', 'grotesque', 'monstrous'.

The mood in the old people's room is negative and somewhat pessimistic, for example, ' A many things to see and sorrow for, 'positive dislike' and this suggests that negativity may continue throughout the story. The old people are made out to be hostile to the narrator and each other by making it seem that the narrator and other characters go unnoticed 'glanced at me askance' and 'a short glance of positive dislike'. An air of potential violence is conjured up by such things as the silences, the lack of eye contact, the fire and the 'inflamed eyes'.

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IS SHARING FILES ON THE INTERNET A CRIME IF THE FILES ARE COPYRIGHTED?

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IS SHARING FILES ON THE INTERNET A CRIME IF THE FILES ARE COPYRIGHTED?

Prepared for

Instructor

By

November 4, 00

Is sharing files on the Internet a crime if the files are copyrighted? This can be answered by many different people and in many different ways. The real answer that the record companies want to hear is that it is illegal and anyone doing it should be put in jail for stealing. They say that downloading something that is copyrighted off the Internet or from another person's computer and using the file without paying for it is just the same as going in to your local Best Buy and taking a CD off of the shelf and running out the door with it. That is a really hard way to look at what is happening, because almost all of the people downloading music, videos, and other files for free would never take something off of a shelf, stick them under there shirt and leave the store without paying for it. Most of the time when these kinds of things happen, it is because the file is free and would be nice to have, not that the person downloading it would really go out and take the product from an actual store.

Let us began with how this all became a problem. It all started back about three years ago with the Napster website and all of Napster's copy programs. Napster was nothing more than a well-built, peer-to-peer program that gained popularity by becoming a big news story. There was nothing illegal going on with the actual Napster program, but what the people who were using Napster were committing a federal offence. They were sharing music files with each other that were copyrighted. This never would have been a problem if the news had not gotten involved. Once the media got involved, people who did not even know what an MP file was had to have Napster just to be in on the "free music click". This large involvement of people brought this harmless crime to a new level.

This can be explained better if you know what a peer-to-peer (PP) program is and know how it works. Peer-to-peer is nothing more than my computer connected to yours. It allows anyone running the same peer-to-peer share program access to anything I have the program set to share. This could be one folder with one file or a whole hard drive with all access to all the files. Each user gets to pick. There is nothing illegal about that. If I wanted to share some home movies with my grandmother I could set them to be shared with her, and only her, and tell her what the name of the file was and the program would locate the file and share it with her. This is nice because most of these programs that share files do not slow your computer down as much as emailing the files, and the program allows you the option to stop downloading a certain file and pick back up at another time. The draw back to this is that both the person that has the file and the person that is obtaining the file have to be on the Internet at the same time. This is different than email where the sender has to upload the file to a server and the receiver can download it at some time in the future. The email process takes twice as long as just sending the file directly to the other computer. This is the main draw back to emailing files. Where transferring files becomes illegal is when the things being transferred are copyrighted.

Peer to peer also has an index where every file is saved under a number. Some programs have numbers that contain over one thousand characters. These numbers are searched when a word search is performed and everyone with a file that shares that number is located and shown as an availability level. This comes in handy for downloading multiple files or downloading the same file from different computers. This is faster than trying to download a file from a single source.

Napster was nothing more than a scapegoat for the record companies because there are dozens of other Napster look a likes that can be found at www.Download.com. Some include Kaza, Morpus, Bare Share, WinMX, and plenty more if you want to look. These programs are so popular that in August of 00, the Internet search word "MP" passed the word "sex" as the most searched word on the Internet.

So was Napster really guilty of a crime? No, no more than people who sell blank cassette tapes and blank videotapes. Everybody has a blank tape that has a CD recorded on it that their friend let them borrow. So, if Napster is illegal, why not prohibit all the other peer-to-peer programs? Because no one can control what people do while using a program and no one can prove the intended use of the program. The people who wrote other peer-to-peer programs, like the Tennessee based Morpus, have no control over what people using the program do, so how can they be held accountable for what is shared? It would be impossible to scan every file that is shared for copyrighted content because a copyrighted file can be changed a slight bit, and therefore, would not be recognized as a copyrighted file.

The reason for this all coming along was because of the simple fact that music albums are over priced. The average price of a CD is somewhere between $15 and $0 dollars. Many feel that is a little bit much to pay for something that most likely will only have three songs on it that to which you will like and listen. So the record company says that they are loosing billions on billons of dollars every day to this peer-to-peer file sharing. That is nice for them to think, but in all reality they are not losing half of that. Many people download songs or TV episodes, enjoy watching or listening to them, and then go out and purchase the full version at the store. On a personal note, it is nice to know it I miss a episode of a TV show I like or see a music video I like, that I can then down load it and play it on my computer. That is the same thing as recording it off the TV or the radio. It is not illegal to record a show off the TV or radio so why is it illegal to share music or TV files on one's computer? The reality is that the record companies will never be able to stop all the Napster-like programs, because there is too much that is left for users to do that is completely legal.

BIBLIOGRAPHY

Courtney, Will. The Eagle Tribune (August 1, 001). Napster knockoffs. Found at http//eagletribune.com/news/stories/001081/LI_001.htm.

vonLohmann, Fred. Legal Media.net (November , 00). Peer to peer file sharing The napster aftermath. Found http//www.legamedia.net/legapractice/von-lohmann_fred/00/0-0/00_von-lohmann_fred_napster-pp_01.php.

Funderburk, Emily. The Diamondback Online (April 16, 00). On campus, Phynd can't be phound. Found at http//www.inform.umd.edu/News/Diamondback/archives/00/04/16/news5.html.

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