Romeo and Juliet Essay Example for Free

Romeo and Juliet Essay William Shakespeare, one of the most famous playwrights of all time, was born in Stratford upon Avon in 1564 and died in 1616. He was one of eight children of John Shakespeare, a local town official and glove maker, and Mary Arden. In 1982 Shakespeare married Anne Hathaway at only eighteen. They had three children together, Susanna, and twin Judith and Hannet. Sadly Hannet tragically died at eleven. Shakespeare was known for performing at the Globe theatre with the Chamberlains Men. He wrote 37 plays in his lifetime and one of his most famous plays was Romeo and Juliet. I am going to compare lines 1-100 of Act One, Scene One from the text of the two film versions; Franco Zeffirellis version and Baz Luhrmanns version. The text opens with the prologue, which gives a brief outline of the story, it is 14 lines long, and is therefore typical of what is known as a sonnet. It is about two families from Verona, both of similar status; both hate the other due to an ancient feud, the lovers, Romeo and Juliet both from each of the families take their own lives for their love. Their death makes their parents see sense. Shakespeare has deliberately revealed the ending in the prologue so that the audience may judge the characters and the events up to the final tragedy. Act One Scene One begins in a public place. It starts like a comedy with word-play and puns from Gregory and Sampson, both servants of the Capulet house. They boast about what they would do to the Montagues. One pun used is Well not carry coals. This means well not stand for any insults. No, for then we should be colliers. This means if we do stand for any insults then we shall be coal sellers or coal miners which were probably regarded as dirty and poor people in their day. Sampson uses rude language, to boast about what they would do to any Montagues Therefore I will push Montagues men from the wall, thrust his maids to the wall. Sampson thinks that love is just a matter of brutal conquest of another body. This part of the scene is very boastful and light hearted, until Abraham and a servant, both from the Montague house enter and the scene turns instantly threatening and tension increases. Sampson and Gregory turn from being boastful to serious, in a way this is ironic because when the they were joking, they were not afraid of saying about what they would do to the Montagues, but now when they come across the Montagues they become unsure as to whether to torment them or not, because Gregory says How, turn thy back and run? Hes unsure whether to provoke the Montagues. But Sampson is not as afraid as Gregory, so he decides to provoke them by biting his thumb at Abraham and the servant. Biting thumbs was regarded as an insult in that day. Both houses start bantering at each other, both speaking politely with a threatening undertone. Gregory says Do you Quarrel sir? Which is do you fight. The Capulets crave for a fight by aggravating the Montagues, but the Montagues are not up for a fight. At this point Benvolio enters and Gregory says Here comes one of my master kinsmen. But he is not referring to Benvolio because he is a Montague. He is referring to Tybalt who is approaching. So the Capulets start the fight themselves when Sampson says Draw if you be men, Gregory remember thy washing blow. The word washing blow means in this context, a slashing blow, which is a sword move. They then fight but there is no description of what happens. Benvolio who is against fighting stops the fight, but then Tybalt who is a Capulet enters and he offers Benvolio to fight . Turn thee Benvolio, look upon thy death. Tybalt is an aggressive character and when he enters he is spoiling for a fight and he does not believe in peace, this is evident when Benvolio says I do but keep the peace. Benvolio tries to restore the peace because he is a peacemaker. Tybalt does not believe that Benvolio is trying to stop the fight so he threatens Benvolio What, drawn and talk of peace? I hate the word . have at thee coward. Then Tybalt attacks Benvolio and a huge brawl follows, but this time the citizens and the officer attempt to break up the fight. The mood is now chaotic. Old Capulet and Lady Capulet enter. Old Capulet wants to be involved in the fight Give me my long sword, ho. Lady Capulet replies A crutch, a crutch! Meaning a crutch might be better because he is too old to fight. Then enters Old Montague and Lady Montague, he also wants to fight but Lady Montague attempts to stop him by restraining him. The two heads of the families seem foolish and try to stand up for their family by trying to be involved in the fight. Then Prince Escalus enters with his train, these are his guards in our context. He is in charge of Verona and he breaks up the fight between the two families. He is furious with them both. He gives a long speech to the two families. He compares their behaviour to beasts You men, you beasts, that quench the fire of your pernicious rage He also says that there have been three civil brawls between the two families in Veronas streets. He has had enough of it and the pointless fighting has disrupted the social life of the city. Their punishment if this happens again would be paid with their lives. Many of the characters from the two families seem to act first and think later. For instance some characters jump into a fight without thinking of the consequences. The fight breaks out quickly between the two families which proves the point that some of the characters act first, think later. These first 100 lines prepare the audience for the haste and speed which plays a big part in the coming tragedy of the deaths of Romeo and Juliet and it prepares for the fights that take place later on in the play. The Franco Zeffirelli film version of the play is set in the 15th century in the town of Verona in Italy which is the ideal setting to the play. The first scene which I am going to study is set on a bright sunny morning in the town market. The costumes worn are authentic to the 15th century, these include tight leggings known as Hose and close fitted jackets known as doublets worn by the men. The two families also wear the livery of their household. The Montagues livery is blue and grey and the Capulets livery are red and orange. The film introduces with a prologue, just like the text. As the Prologue is being spoken, the film shows a number of views of Verona. While this is being shown, music authentic to the time is played along with it. The prologue is correct to the text but the last two lines are cut out. After the prologue, the film goes straight to Veronas market, the public place. This market setting is authentic with its old sandstone buildings and its bustling market. Sampson, Gregory and another Capulet who is not included in the text, are walking through the market joking and being a nuisance to some of the citizens by kicking them for a joke. This portrays the Capulets as trouble makers. The mood is boastful and light hearted, which is faithful to the text. The film does not include the conversation about Colliers and Montague maids spoken between the Capulets. But it starts on line 25 when Gregory says The quarrel is between our masters and us their men. Sampson replies to this Tis all one. This is correct to the text, but it misses all the lines afterwards where Gregory says Here comes the house of the Montague. The Montagues consist of three people here, Abraham and two other Montagues not named. They are shown buying items from a market stall, you see them thanking the stall keeper and being polite to the citizens, Zeffirelli portrays the Montagues as nice people even though there is no evidence of this in the text. The banters between the two families are started just like the text. Sampson bites his thumb at the Montagues. This is also known as an insult in the film. The banters between them are correct to the text. After Abraham says You Lie. The Montagues walk away from the Capulets because they dont want to start any trouble. This is evidence to suggest that the Montagues are nice people. Sampson retaliates to this because he craves for a fight. He deliberately trips up the older member of the three Montagues. This is not included in the text. Sampsons retaliation makes Abraham angry and he declares the fight by saying Draw if you be men. This is actually said by Sampson in the text. Then Sampson completes the sentence from the text Gregory, remember thy washing blow. The brawl starts with both sides charging at each other. The scene is now in the streets of Verona near the market. The citizens help the Montagues break up the brawl by grabbing hold of the Capulets. Then Benvolio enters, he stops the fight and says his lines from the text, but in addition to this he says The prince expressly forbids fighting on Veronas streets. This is not in the text. Then Tybalt with a lot more of Capulets men enter, he laughs in a threatening way and the mood suddenly gets threatening, he and Benvolio say their lines, which are correct to the text. Benvolio is cowardly towards Tybalts will to fight, and the brawl begins again. The mood is chaotic and hot because it is set on a bright and hot street. During the fight, Tybalt injures Benvolio and he says hi thee home? Fragment. This means youre a coward and you should go home, Tybalt says it in a boastful way. The film shows the fight with lots of chaos, colours, close ups, lots of action, aerial shots of fighting, village people trying to stop the fight, things flying through the air, explicit bits like people being killed, there is no evidence of this in the play, it is hard to see who people are, such as who is Montague and who is Capulet. At one point during the fight, Zeffirelli shows us the two households. He shows Old Capulet gathering his men and charging out into the chaotic fight. There is no conversation between Old Capulet and Lady Capulet, despite this being in the original text. Zeffirelli also shows us Old Montague gathering his men to go and join the fight, and Lady Montague attempting to stop him. At this part the conversation between Old Montague and Lady Montague is correct to the text, but it misses parts out.

Should Courts Lift the Corporate Veil?

Should Courts Lift the Corporate Veil? The doctrine laid down in Salomon v Salomon & Co Ltd has to be watched very carefully. It has often been supposed to cast a veil over the personality of a limited company through which the courts cannot see. But that is not true. The courts can and often do draw aside the veil. They can and often do pull off the mask. They look to see what really lies behind. The legislature has shown the way with group accounts and the rest. And the courts should follow suit. I think that we should look at the Fork company and see it as it really is the wholly owned subsidiary of the tax payers. It is the creature, the puppet of the taxpayers in point of fact, and it should be so regarded in point of law. Per Lord Denning MR, Littlewoods Mail Order Stores Ltd v I.R.C. [1969] 3 All ER 855 1.0  Introduction This dissertation will discuss the principles of limited liability and corporate personality and the courts’ reluctance to disregard the corporate veil the principle called â€Å"piercing the Corporate Veil†. We shall consider the circumstances in which the Courts have been able to pierce the veil of incorporation and the reasons as to why they have in most cases upheld the decision in Solomon v Solomon & Co[1]. All companies in the United Kingdom have to be registered and incorporated under the Companies Act which governs the principle of limited liability hence giving the owners or shareholders a curtain against liability from creditors in the case of the company falling into financial troubles. This curtain so created gives the company a separate legal personality so that it can sue and be sued in its own right and the only loss to the owners or shareholders is the number of shares held in the company on liquidation with no effect on their personal assets. This distinct separation between the owners or shareholders and the limited company is the concept referred to as the ‘veil of incorporation’ or ‘corporate veil’. In conclusion, it shall be argued that the courts should lift or pierce the corporate veil to a significantly greater extent so as to hold erring shareholders or directors of a corporation liable for the debts or liabilities of the corporation despite the general principle of limited liability were the corporation has insufficient assets to off-set the creditor liabilities. 2.0  Limited liability and Corporate Personality The principles of limited liability and corporate personality are the cornerstone of the United Kingdom company law since the Joint Stock Companies Act 1844, its consolidation in 1856[2] and the introduction of the Limited Liability Act 1855. These two principles have been so guarded by the courts as being fundamental to today’s company law by upholding the separate legal personality of a corporate entity. However, whilst the original intention of the legislation was to help companies raise capital through the issue of shares without exposing the shareholders to risk beyond the shares held, the present attraction to incorporating a company is the advantage of shielding behind the curtain of limited liability which could be abused by some businessmen. 2.1  Companies Act 2006 Article 3 (1) provides that a company is a â€Å"limited company† if the liability of its members is limited by its constitution. Article 7 (2) provides that a company may not be so formed for an unlawful purpose. Article 16 (2) The subscribers to the memorandum, together with such other persons as may from time to time become members of the company, are a body corporate by the name stated in the certificate of incorporation. (3) That body corporate is capable of exercising all the functions of an incorporated company. 2.2  Limited liability As stated above, the doctrine of limited liability was introduced by the Limited Liability Act 1855 as a means by which companies could raise capital by selling company shares without exposing the shareholders to unlimited liability.[3] The principle of limited liability shields the company owners, shareholders and directors or managers against personal liability in the event of the company winding up or becoming insolvent. In such an event the liability of its owners and shareholders is limited to the individual shareholding held as provided for by the Companies Act 2006 and the Insolvency Act 1986[4]. This means that the members of a company do not have to contribute their personal assets to the company assets to meet the obligations of the company to its creditors on its liquidation but have to contribute the full nominal value of the shares held by individual shareholders. It should be noted here that such limited liability does not shield the limited company from liability until all its debts or assets are exhausted. This principle has so been held since the House of Lords ruling in the Solomon case[5] in which the Lords where of the view that the motives behind the formation of a corporation was irrelevant in determining its rights and liabilities as long as all the requirements of registration are complied with and the company is not formed for an unlawful purpose[6]. Much as a limited company has a separate legal personality, its decisions are made by directors and managers who should use the powers conferred unto them by the company board of directors and the memorandum and articles of association[7], and any abuse will entail personal liability by the officer concerned. Limited liability encompasses both the small enterprise including one-man companies[8] and big companies hence limiting the liabilities to company assets and not to any other personal assets.[9] This view has been endorsed in recent times through numerous cases as evidenced in a one-man company, Lee’s Air Farming. Lee was the majority shareholder and director in the company in which he was also the employee. He was killed on duty in an air accident and the court held that Lee and the company were two separate entities and hence entitled to compensation.[10] The courts will only in exceptional circumstances such as abuse, fraud or where the company was used as an agent of its owner disregard the doctrine of limited liability and hold members, shareholders or directors personally liable for the debts and other company obligations to the creditors in what has been termed the piercing or lifting of the veil of incorporation. However, there are several statutory laws which allow for the principle of limited liability to be ignored in such situations as in the reporting of financial statements of group companies[11], corporate crime and insolvency[12] which we shall discuss below. 2.3  Corporate Personality A limited company is a legal person[13] with an existence which is separate and independent from its members as long as all the formalities of registration are adhered with in line with the Act. The corporate identity entails the company can sue and be sued in its own right without affecting its owners’ or shareholders’ rights. It is trite law that the only plaintiff to a wrong done to a company is prima facie company itself and not its shareholders[14] except in instances where there is a fraud against shareholders or the acts complained of are illegal. The company has been held as having an independent legal corporate personality since it was first held in the case of Solomon v A Solomon & Co Ltd[15]. To emphasise this point, Lord Macnaghten said that it seemed impossible â€Å"to dispute that once the company is legally incorporated it must be treated like any other independent person with its rights and liabilities appropriate to itself, and that the motives of those who took part in the promotion of the company are absolutely irrelevant in discussing what those rights and liabilities are.[16] In this case, Solomon registered his company into a limited company under the Companies Act[17] which required a minimum of seven (7) members for incorporation. Solomon became the major shareholder with his wife and children holding a share each but the company ran into financial problems leaving no assets for the unsecured creditors on liquidation. Whilst the court of appeal held the company to be a ‘sham’ and an alias, trustee or nominee for Solomon and that the transaction was contrary to the true intent of the Companies Act[18] the House of Lords reversed this decision and held that the company had been validly registered as required by the Act and hence had a separate legal personality from the shareholders. In arriving at this decision, Lord Macnaghten said that, â€Å"The company is at law a different person altogether from the subscribers†¦Ã¢â‚¬ ¦.Nor are the subscribers, as members liable, in any shape or form, except to the extent and in the manner provided by the Act.† This decision shows that the House of Lords identified that the important factor was the observance of the requirements and formalities of the Act which safeguarded the principles of limited liability and corporate personality.  To date, this is the correct interpretation of the Company’s Act and it is important that the principle in maintained in the advancement of commerce. It should be noted here that the principle of corporate personality does not affect the company creditors to a large extent as far as the recovery of the debts is concerned. Following the decision in the Solomon case, Professor Gower has described a limited company as being ‘opaque and impassable’[19], whilst on the other hand it was described as ‘calamitous’[20]. Some commentators suggest that courts have been more inclined to the maintenance of the sanctity of the separate legal integrity of a company and have resisted the common law resolution of â€Å"peering under the skirts of a company to examine its linen (dirty or otherwise)†[21] as can be observed from the numerous cases since the Solomon case. The foregoing shows the importance to commerce of the incorporation of a company as it allows for continuity of the business transactions despite any changes in the owners, administrators, directors or shareholders of the company. However, common law has in some exceptional instances ignored this principle in stances of abuse or fraudulent use of a sham corporate structure. The courts have ignored the corporate sham structure and peer behind the veil to identify the â€Å"directing mind and will† that control the company and such intervention being termed as lifting the veil, cloak[22] or mask[23]. Whilst the courts have at times pierced the veil to benefit creditors when a company is placed under liquidation, there has been reluctance by the same courts to pierce the veil in instances which could have favourable results for shareholders.[24] 3.0  One-man Limited Companies The Council Directive 89/667[25] provides for the formation of one-man private companies hence moving away from the Joint Stock Companies Act 1856 requirements. This Directive highlights the advancement in commerce and as can be indentified from the Solomon case, Mr Solomon was the owner of the company and only registered the other six shares for his wife and children to fulfil the requirements of the Act. The company owner in these one-man corporations would in most instances also be the director in which case some unscrupulous individuals could escape liability for their own misconduct by holding assets in the name of the corporation. The courts are prepared to pierce the corporate veil in a one man company so as to be enabled to treat assets of the company as â€Å"property held by the defendants† were the company is held to be an alter ego of the owner.[26] However, the courts have shown that they are not prepared to pierce the corporate veil even in one-man limited companies as long as they are properly registered as required by the Act. In the case lee v Lee’s  Air Farming[27] mentioned above, Mr Lee incorporated Lee’s Farming Limited and was the director and controlling officer as an employee of the company. On his death in an air crush whilst on duty and the family claimed workers’ compensation. The court held that the company and Mr Lee were distinct and separate entities and hence Mr Lee was a worker in his own company. Hence we see here the court’s upholding of the principle set down by the rule in Solomon v Solomon[28] which has remained controversial[29] with changing commercial activity and globalisation. The courts have been more willing to pierce the veil in one-man companies were the owner of the company is usually the controlling officer and does not deal with the company at arm’s length. In the case of Wallersteiner v Moir[30], Lord Denning held that the subsidiaries were controlled by Dr Wallersteiner making them â€Å"puppets† which â€Å"danced to his bidding†. Lord Denning is pointing out here that whilst the subsidiaries appeared to have a separate personality, they were in reality his agents or sham companies with no existence of their own and hence warranted the piercing of the veil. This principle of corporate personality as established in the Salomon case has been extended to groups companies which we shall look at below. 4.0  Group Companies Group companies comprise of the parent company with its subsidiaries carrying on their businesses not as a common enterprise or â€Å"single economic unit†[31], though portraying it as such to the outside world. The principle of limited liability applies to the subsidiary companies so formed as they are registered companies under the Act and as such each has a separate legal personality to the parent company and hence can sue and be sued in their own right. The advantage of this arrangement to the group is that it limits liability to each subsidiary company in the group whilst sharing the group profits for the benefit of the group structure. Such group structures can lead to the parent company forming subsidiary companies to run its risky part of the business and hence insulating itself from liability in the event of the subsidiary company failing to meet its obligations to the creditors.[32] The effect of corporate personality in group companies is that each entity is legally independent and separate from other subsidiaries and the parent, hence each entity being liable for its own debts,[33] which affirms the Solomon principle. Lord Justice Slade said: â€Å"Our law, for better or worse, recognises the creation of subsidiary companies, which though in one sense the creatures of their parent companies, will nevertheless under the general law fall to be treated as separate legal entities with all the rights and liabilities which would normally attach to separate legal entities†.[34] This is still the law and an affirmation of the principle in the Solomon case. In the case of Ord & Another v Belhaven Pubs Ltd,[35] the proprietors of a company which was in the business of acquiring old pub premises, doing them up and then letting them to tenants, duly let a renovated pub building to Ord. There had been misrepresentations made by the company as to the potential profitability of the premises which only came to light some time later. By the time Belhaven Pubs Ltd had ceased trading and could not meet its debts. Ord sought leave to substitute the parent company. The Court of Appeal held that the defendant company which had granted the lease was legitimate and had not been a mere faà §ade for the holding company and hence could not be substituted. This basic principle of separate legal identity has been re-affirmed more recently in the Court of Appeal decision in Adams v Cape Industries PLC[36]. In this case, the defendant company was a member of a corporate group with a UK parent company. The employees in its US subsidiaries were injured by inhaling asbestos dust and had successfully sued the subsidiaries in US courts. They applied to enforce judgement against the parent company arguing that Cape had been present in the USA through its subsidiaries as they formed a â€Å"single economic unit†. The Court declined to pierce the corporate veil and held that the â€Å"fundamental principle is that each company in a group of companies is a separate legal entity possessed of separate legal rights and liabilities†¦Ã¢â‚¬  The principle in the case of Salomon was upheld on the basis that the subsidiary companies had been legitimately formed and hence were separate legal entities distinct from the parent company. 5.1  The Directing Mind A registered company is a separate and distinct legal entity, a body corporate[37] possessing rights and made subject to duties being able to sue and be sued in its own right. In the case of Lennard’s Carrying Co Ltd v Asiatic Petroleum Co. Ltd[38], the court held that, â€Å"a corporation is an abstraction. It has no mind of its own any more than it has a body of its own; its active and directing will must consequently be sought in the person of somebody who for some purposes may be called an agent, but who is really the directing mind and will of the corporation, the very ego and centre of the personality of the corporation†¦..† So we see here that the courts are willing to look behind the corporate veil as a matter of law so as to establish the directing officer behind the decisions and actions taken by the company. The directing mind of a corporation is the senior person whose authority is derived from the companys board of directors to perform the functions of the company as directed and for the benefit of the company.[39] In the course of business, such senior persons would then delegate their authority to other employees for the efficient running of the company in which case such employees’ actions or inactions would be considered as those of the â€Å"directing mind†. Lord Reid further went on to define the â€Å"directing mind and will† of the company as the person who acts for the company as he acts as â€Å"the company and his mind which directs his acts is the mind of the company.†¦Ã¢â‚¬ ¦. He is not acting as a servant, representative, agent or delegate. He is an embodiment of the company or, one could say, he hears and speaks through the persona of the company, within his appropriate sphere, and his mind is the mind of the company. If it is a guilty mind then that guilt is the guilt of the company.†[40] Therefore, this would mean that the â€Å"directing mind and will† of the company is any employee who performs certain functions for the corporation as long as he has the authority to do so and does not act outside his mandate in which case he will be held personally liable[41]. In Williams and another v. Natural life health foods ltd and mistlin,[42] the case of a small one-person company, Sir Patrick Russell in his dissenting judgment pointed out that â€Å"the managing director will almost inevitably be the one possessed of qualities essential to the functioning of the company†, but that in itself does not mean that the director is willing to be personally liable to the companys customers. Therefore to convict a company, the court will go behind the status of the separate legal entity distinction so as to establish the â€Å"directing mind and will† of the company controlling its activities[43]. However, it has been identified that the principle of limited liability can be subject to abuse and in the circumstances were there is statute will not provide justice or equity, the courts have in such exceptional circumstances disregarded the principle and held the shareholders or directors accountable for their decisions in the running of the company. The process in which the courts have disregarded the principle of limited liability is called â€Å"piercing the corporate veil† which is the main discussion of this document. 5.2  Tortious Liability The company is vicariously liable for any torts committed by its employees or agents whilst acting in the course of the official duties and ‘shall not be called into question on the ground of lack of capacity’[44] whilst the employee or agent remains the primary tortfeasor[45]. It is therefore clear that the â€Å"directing mind and will† can sometimes be personally liable for torts, for which the company is also liable, for their fraudulent acts though done on behalf of the company. 4.3  Criminal Liability The Barrow Borough Council case is thought to be the first prosecution of a local authority for corporate manslaughter. To convict a company of corporate manslaughter, the prosecution must prove the companys conduct, which led to the deaths, was the conduct of a senior person in the company—the directing mind (also often referred to as the controlling mind). In practical terms, this means that for a company to be guilty of corporate manslaughter a senior person (normally a director) also has to be guilty of manslaughter. The difficulty with these cases, particularly against larger companies with layers of management, is proving a causal link between the conduct (or lack of it) of the directing mind and the incident that caused death. 6.0  The Corporate Veil The corporate veil is the curtain that legally separates the company from its shareholders hence holding the company as having a separate legal personality and limited liability. In curtailing any abuses of limited liability and the protection of creditors to both small and group companies, the courts have in certain instances, though reluctantly, looked behind the corporate veil to establish the true intent of the controlling officers of the company. The courts have in the rare circumstances ignored the corporate form and looked at the business realities of the situation so as to prevent the deliberate evasion of contractual obligations, to prevent fraud or other criminal activities and in the interest of public policy and morality. Piercing the corporate veil has not been complicated in one-man companies were the owner is usually the director and hence the controlling officer as compared to group companies which have a layered structure. The controlling officer[46] will be held liable and asked to account for his actions so that the company can fulfil its financial obligations to its creditors in the event of company insolvency. In the case of Royal Brunei Airlines v Tan[47] made clear. 6.1  Lifting the Corporate Veil The corporate veil is a curtain that shields company shareholders and directors from personal liability by the principle of limited liability in the event of the company being insolvent and unable to fulfil its obligations. The lifting of the corporate veil concept describes a legal decision where the limited company shareholders or directors are held liable for the debts or other liabilities of the corporation contrary to the principle of limited liability. Whilst there is strict liability legislation to prosecute erring limited companies for statutory offences but were there is insufficient statutory protection, the common law remedy of piercing of the corporate veil is imposed by the courts so as to put liability on the controlling officer (directing mind) of the corporation. However, the courts have been reluctant to rebut the principle of limited liability and only in exceptional circumstances have they been willing to pierce the corporate veil to establish the true facts. In this way, certain individuals or parent-companies responsible for the company’s actions are held liable so at to account for their decisions as shareholders or directors. Generally, the UK corporate law holds that the shareholders, directors or parent-companies are not liable for corporate obligations of the companies or subsidiaries they control hence maintaining the principles of limited liability and separate legal corporate personality. The principles of separate legal personality and limited liability have been long recognised in English law[48] and that the shareholders or directors are not liable for the debts of the company as long as it is properly administered.[49] However, in exceptional circumstances[50], the courts have been prepared to look behind the company and establish the actions or inactions of the directors and shareholders using the process known as â€Å"piercing the corporate veil†. Piercing the corporate veil is the process whereby the court ignores the principle of corporate personality and holds the shareholders or directors liable for their actions so that they meet the company obligations in their personal capacities.  The courts will pierce or the â€Å"veil† were the corporate structure has been used as an instrument of fraud or to circumvert the law.[51] It has been argued that whilst the courts have used the doctrine of piercing the corporate veil though reluctantly, it is still not well understood leading to uncertainties in the legal process.[52] Some commentators have argued that the exceptional circumstances in which the courts have justified the piercing of the corporate veil is uncertain as evidenced by the number of contradictory decisions by the courts.[53]  Goulding[54] further argues that ‘it is not possible to distil any single principle from the decided cases as to when the courts will lift the veil’ due to the diversity of the cases, though they are more willing in cases of extreme abuse.[55] In the leading case on this subject, Solomon v Solomon[56] discussed above, the House of Lords maintained that â€Å"individuals could organise their affairs as they wanted and that if they chose to do so via incorporation they were entitled to the protection of limited liability as long as the incorporation was in accordance with the formal rules of the relevant legislation†. Though it is English trite law that the incorporation of a company protects the members from company liability by the principle of limited liability, there are both statutory and common law exceptions to the principle in cases of abuse of the corporate structure. 7.0  Statutory Exceptions Gower and Davies[57] argue that the courts are willing to lift the veil were statutory wording of a particular statute[58] is explicit as Parliament intended. The courts have resisted the temptation to pierce the veil because they consider it just to do so[59] though they are more willing in exceptional circumstances or were they feel that the shareholders or directors are concealing the true facts[60]. However, the courts have been reluctant to lift the veil were the statute does not specifically provide for it. There are various Acts which specifically provide for the lifting of the corporate veil and as such are strict and have to be followed. Following are a few examples of both civil and criminal liability imposed on limited companies. Companies Act 2006 sections 398 and 399 Group of companies Although each company is a separate legal person, section 399 (2) requires that the parent company prepares group accounts at the end of the financial year so as to â€Å"give a true and fair view of the assets, liabilities, financial position and profit or loss†. This Act looks at the group of companies as a ‘single economic entity’ and in effect lifting the corporate veil which goes against the principles of corporate personality and limited liability.

Direct-Instruction Tutoring for Academic Performance

Direct-Instruction Tutoring for Academic Performance Using Direct-Instruction Tutoring to Improve Academic Performance in Out-Of-Home Care Children Social Policy Proposal Differences in academic achievement is a concept greatly studied in social psychology. There exists a cornucopia of studies investigating issues surrounding the concept with relation to gender, generational, ethnic and class differences (Gil Carvalho, 2016, Duong, Badaly, Liu, Schwartz, Mccarty, Carolyn, 2016, Stephens, Witkow Fuligni, 2011, Hamedani Destin, 2014). However, one far less studied area is the reduced educational attainment found in children placed in out-of-home care (OHC). Out-of-home care refers to children under 18 years who are unable to live with their families, often due to neglect or abuse. It involves the placement of a child in an institutional setting, or with alternate caregivers. The following proposal shall outline examples of such decreased academic performance, as well as discuss the theory of school engagement as a possible explanation. Furthermore, a solution to the issue shall be proposed with respect to a direct-instruction programme. The issue at hand is vast, with OHC children displaying a tendency to largely experience poor life outcomes when compared to children in the general population. Such disparities are visible across many psychosocial dimensions. Higher risk of teenage pregnancy and STD contraction (Dworsky Courtney, 2010), increased levels of homelessness (Brown Wilderson, 2010) and higher rates of substance abuse and mental health issues (Villegas Pecora, 2012) are all documented problems. However, this is most obvious in regards to academic achievement. OHC children often lag one or two years behind their peers in the general population (Trout, Hagaman, Casey, Reid, Epstein, 2008) and are less likely to obtain a diploma, graduate past secondary or enrol in higher education (Villegas Pecora, 2012). At Key Stage 2, 48% of children in care reached the expected academic level in English and mathematics, compared to 79% of all children. The attainment gap continues to increase as children get older: 7% of OHC children go on to attend university, compared to just over 50% of young people in the general population (OHiggins, Sebba, Luke, 2015). Such underperformance in OHC children has been found to be predictive of negative effects in the future, such as criminal convictions and self-harm (Forsman, Brà ¤nnstrà ¶ma, Vinnerljunga, Hjernb, 2016). One explanation for this disparity between OHM children and the general population can be seen in the theory of school engagement (Wang, Willett Eccles, 2011). This theory suggests that academic performance can be categorized into two dimensions of school engagement. Cognitive engagement refers to the level to which the student participates in classroom learning and their ability to regulate such effort. Cognitive engagement is often correlated with grade attainment or test performance (Li Lerner, 2013). The second, affective engagement. This refers to how students perceive their school experience, incorporating their connection to their school, investment in class and relationship with their teachers. There are various studies which highlight the link between school engagement and educational performance. For example, Wang and Holcombe (2010) found school engagement to be directly related to academic achievement as well as functioning and adjustment in the school environment. Low levels of school engagement have also been attributed to delinquency, substance abuse (Li Lerner, 2011) higher drop-out rates (Archambault, Janosz, Fallu Pagani, 2009) and anti-social behaviour (Andrews Duncan, 1997). Decline can also be attributed to bullying, cheating, aggression and conduct issues (Simons-Morton and Chen, 2009). Reasons for the reduction in affective and cognitive engagement seen in OHC children can be seen in studies of other risk-populations which suggest such children are likely to experience less resources, decreased social support, higher-risk environments and increased exposure to adversity (Marks, 2000 and Daly, Shin, Thakral, Selders, Vera, 2009). Furthermore, a study by Gruman, Harachi, Abbott, Catalano Fleming (2008) found that children in OHC experience constant mobility and changes in placement which disrupts their school attendance, negatively affecting their school engagement. This can be seen in a study by Pears, Kim, Fisher and Yoergers (2013) which found that as well as displaying higher levels of externalizing and risk behaviours, children from a foster care sample showed significantly lower mean levels of affective and cognitive engagement in comparison to the children in a control group. This therefore suggests that due to their unstable environment, children in OHC exh ibit less cognitive and affective engagement in school, thus hindering their academic performance. Therefore, one way in which to challenge the disparity between OHC and normal children may be to address their lack of school engagement. A method in which to help decreased cognitive and affective engagement can be seen in direct-instruction (DI) interventions. DI is a specific style of teaching which has been used in many educational programmes designed for at-risk students. It consists of explicit, systematic instructions based on pre-planned lessons, a minimal student-to-teacher ratio, and constant assessment and progress tracking (Stahl, Duffy-Hester Stahl, 1998). DI programmes usually employ a three-step instructional procedure. Teachers must model (provide the appropriate information), lead (implore the correct recall from the student), and test (give immediate feedback and a delayed probe on the task initially attempted (Margaret, Houchins, Steventon, Candace Donya, 2005). DI programmes contain certain elements which can directly enhance aspects of cognitive and affective e ngagement for which OHC children are lacking in with regards to their normal school environment. This can be implemented via the application of supplementary tutoring programmes such as the TYCW (Maloney, 1998 in Flynn et al, 2012), DISTAR (Kim Axelrod, 2005) and the DILC (Cadette, Wilson, Brady, Dukes Bennett, 2016) which follow a DI approach. Such tutoring interventions could be administered by foster parents or carers as part of an institutional or foster care programme for OHC children. The explicit approach of DI has been found to help improve cognitive engagement, made evident through a wealth of literature attaining to how DI programmes can help improve overall grades in disadvantaged children. In a meta-analysis conducted by Borman, Hewes, Overman and Brown (2003), DI was found to be one of the most efficient programmes for improving academic performance in underachieving urban schools. The DI approach was also found to be effective in improving academic outcomes for young people at risk of school failure (Dolezal, Weber, Evavold, Wylie, McLaughlin, 2007). This implies DI programmes are useful to tackling cognitive engagement as it aims at improving academic performance in class. In terms of OHC children, a study by (Flynn, Marquis, Paquet, Peeke Aubry, 2012) conducted a randomized effectiveness trial with 77 foster children who were either involved in an DI intervention programmed or placed in a control group. Results indicated that at the post-test, the fost er children in the experimental group had made statistically and practically greater gains for sentence comprehension, reading and maths computation than those in the control group with relation to the pre-test scores. There is evidence for the ability DI programmes to address affective engagement also. DI improves student investment in class by minimizing the student-teacher ratio, ensuring that students receives more attention, thus increasing their connection with their teacher and bettering their overall experience (Rodriguez Elbaum, 2014). As the number of students increase, there is a reduction in the amount of time that can be spent on instruction and dealing with individual children (Bennett, 1996). This balance helps progress interactions between student and teacher and improves the relationship between the two. This improvement in the classroom experience is best illustrated in studies exploring the effects of classroom size in the achievement of at-risk pupils. For instance, a study by Blatchford, Bassett and Brown (2011) found that smaller classes led to pupils receiving more individual attention from teachers, and having better interactions with them. It was also reported that school engagement decreased in larger classes and that disadvantaged and minority pupils can benefit from a reduction in the student-teacher ratio in terms of more individual attention and facilitating engagement in learning (Finn, Suriani, Achilles, 2007 in Rodriguez Elbaum, 2014). In conclusion, it is clear, that children in OHC suffer from poorer academic achievement then those in the general population. The unstable environment experienced by such children during their academic years effects their ability to engage in classroom activities and general learning. The solution proposed to address this issue encompasses the introduction of tutoring programmes for such children in-line with the structure of DI interventions. Used in compliment to their school education such programmes work to enhance the decreased cognitive and affective engagement these pupils demonstrate in their regular school environment. Introducing such interventions in OHC institutions and foster care programmes should help to minimize the academic disparity between such children and their peers. References Carvalho, R. Gil, G. (2016). Gender differences in academic achievement: The mediating role of personality, Personality and Individual Differences, 94, 54-58 Duong, M.T., Badaly, D., Liu, F.L., Schwartz, D., Mccarty, C.A. (2016). Generational Differences in Academic Achievement among Immigrant Youths: A Meta-Analytic Review, Review of Educational Research, 2016, 86(1), 15-23 Witkow, M.R. Fuligni, A.J. (2011) Ethnic and Generational Differences in the Relations between Social Support and Academic Achievement across the High School Years, Journal of Social Issues, 67(3), 531-552 Stephens, N.M., Hamedani, M.G Destin, M. (2014) Closing the social-class achievement gap: a difference-education intervention improves first-generation students academic performance and all students college transition, Psychological science, 25(4), 943-53 Dworsky, A. Courtney, M.E. (2010) The risk of teenage pregnancy among transitioning foster youth: Implications for extending state care beyond age 18, Children and Youth Services Review, 32(10), 1351-1356 Brown, S. Wilderson, D. (2010) Homelessness prevention for former foster youth: Utilization of transitional housing programs, Children and Youth Services Review, 32(10), 1464-1472 Villegas, S. Pecora, P.J. (2012). Mental health outcomes for adults in family foster care as children: An analysis by ethnicity, Children and Youth Services Review, 34(8), 1448-1458 Trout, A. L., Hagaman, J., Casey, K., Reid, R., Epstein, M. H. (2008). The academic status of children and youth in out-of-home care: A review of the literature. Children and Youth Services Review, 30, 979-994 OHiggins, A., Sebba, J. Luke, N. (2015). What is the relationship between being in care and the educational outcomes of children? An international systematic review, The Rees Centre for Research in Fostering and Education, University of Oxford. Forsman, H., Brà ¤nnstrà ¶m, L., Vinnerljung, B. Hjern, A. (2016). Does poor school performance cause later psychosocial problems among children in foster care? Evidence from national longitudinal registry data, Child Abuse Neglect, 57, 61-71 Wang, M.T., Willett, J.B., Eccles, J.S. (2011). The Assessment of School Engagement: Examining Dimensionality and Measurement Invariance by Gender and Race/Ethnicity, Journal of School Psychology, 49(4), 465-480 Li, Y. and Lerner, M. (2013). Interrelations of behavioural, emotional, and cognitive school engagement in high school students, Journal Youth Adolescence, 42, 20-32 Wang, M.T., Holcombe, R. (2010) Adolescents Perceptions of School Environment, Engagement, and Academic Achievement in Middle School, American Educational Research Journal, 47(3), 633-662 Li, Y. Lerner, R.M. 2011) Trajectories of School Engagement during Adolescence: Implications for Grades, Depression, Delinquency, and Substance Use, Developmental Psychology, 47(1), 233-247 Chen, R. Simons-Morton, B. (2009) Concurrent changes in conduct problems and depressive symptoms in early adolescents: A developmental person-centred approach, Development and Psychopathology, 21(1), 285-307 Andrews, J. Duncan, S. (1997). Examining the Reciprocal Relation Between Academic Motivation and Substance Use: Effects of Family Relationships, Self-Esteem, and General Deviance, Journal of Behavioural Medicine, 20(6), 523-549 Archambault, I., Janosz, M., Fallu, J.S., Pagani, L.S. (2009). Student Engagement and Its Relationship with Early High School Dropout, Journal of Adolescence, 32(3), 651-670 Pears, K.C., Kim, H.K., Fisher, P.A. and Yoerger, K. (2013). Early school engagement and late elementary outcomes for maltreated children in foster care.   Developmental Psychology, 49(12), 2201-2211 Marks, H. M. (2000). Student engagement in instructional activity: Patterns in the elementary, middle, and high school years. American Educational Research Journal, 37, 153-184 Daly, B. P., Shin, R. Q., Thakral, C., Selders, M., Vera, E. (2009). School engagement among urban adolescents of colour: Does perception of social support and neighbourhood safety matter? Journal of Youth and Adolescence, 38, 63-74 Gruman, D. H., Harachi, T. W., Abbott, R. D., Catalano, R. F., Fleming, C. B. (2008). Longitudinal effects of student mobility on three dimensions of elementary school engagement. Child Development, 79, 1833-1852. Stahl, S., Duffy-Hester, A., Stahl, K. (1998). Everything you wanted to know about phonics (but were afraid to ask). Reading Research Quarterly, 33, 338-355 Margaret E., Houchins, D.E., Steventon, C. Sartor, D. (2005) A Comparison of Two Direct Instruction Reading Programs for Urban Middle School Students, Remedial and Special Education, 26(3), 175-182 Kim, T. Axelrod, S. (2005). Direct Instruction: An Educators Guide and a Plea for Action, The Behaviour Analyst Today, 6(2), Page 111-123 Cadette, J.N., Wilson, C.L., Brady, M.P., Dukes, C., Bennett, K.D. (2016) The Effectiveness of Direct Instruction in Teaching Students with Autism Spectrum Disorder to Answer Wh- Questions, Journal of Autism and Developmental Disorders, 46(9), 2968-2978 Borman GD, Hewes GM, Overman LT, Brown S. (2003). Comprehensive school reform and achievement: A meta-analysis, Review of Educational Research, 73(2), 125-230. Dolezal, D.N., Weber, K.P., Evavold, J.J., Wylie, J., Mclaughlin, T. F (2007).The Effects of a Reinforcement Package for On-Task and Reading behaviour with At-Risk and Middle School Students with Disabilities, Child Family behaviour Therapy, 29(2), 9-25 Flynn, R.J., Marquis, R.A., Paquet, M.P., Peeke, L.M. Aubry, T.D. (2012). Effects of individual direct-instruction tutoring on foster childrens academic skills: A randomized trial, Children and Youth Services Review, 34(6), 1183-1189 Rodriguez, R. J. Elbaum, B. (2014) The Role of Student-Teacher Ratio in Parents Perceptions of Schools Engagement Efforts, Journal of Educational Research, 107(1), 69-80 Blatchford, P., Bassett, P. Brown, P. (2011) Examining the Effect of Class Size on Classroom Engagement and Teacher-Pupil Interaction: Differences in Relation to Pupil Prior Attainment and Primary vs. Secondary Schools, Learning and Instruction, 21(6), 715-730 Bennett, N. (1996). Class size in primary schools: Perceptions of head teachers, chairs of governors, teachers and parents, British Educational Research Journal, 22(1), 33 55   Ã‚  

Police Brutality :: Use of Excessive Force by Police

In recent years, police actions, particularly police abuse, has come into view of a wide, public and critical eye. While citizens worry about protecting themselves from criminals, it has now been shown that they must also keep a watchful eye on those who are supposed to protect and serve. This paper will discuss the types of police abuse prevalent today, including the use of firearms and receipt of private information. I will also discuss what and how citizens' rights are taken advantage of by police. For these problems, solutions will be discussed, focusing on political reform, education, and citizen review boards. These measures are necessary to protect ourselves from police taking advantage of their positions as law enforcement officers with greater permissive rights than private citizens. Because of this significant differential, all citizens must take affirmative action from physical brutality, rights violations, and information abuse. Problems arise, however, when one side is told what to do by another, as there is bound to be conflicting viewpoints. In regard to police abuse, there will be many officers who feel that their job of fighting escalating street crime, gangs, narcotics violations, and other violent crimes is difficult already, and that worrying about excessive policy for abusive behavior will only further decrease their ability to fight crime effectively, efficiently, and safely. Citizens, however, have been caught up in this gung-ho attitude, and police are more and more often crossing the line of investigation and interrogation with abusive behavior. This abuse must be monitored so that police do not forget who they are serving--not themselves, but the public. This means that even the criminals, who are a part of the public, have certain rights, particularly, civil rights. All citizens must be aware of these rights to protect themselves against over-aggressive officers who take advantage of their pos ition as badge and gun holders to intimidate and abuse civilians for personal or departmental goals. Such conflicts have significant implications on departmental and administrative policy procedures. One of the main police abuse problems is physical brutality. The main goal here should be to get the police departments to adopt and enforce a written policy governing the use of physical force. The policy should restrict physical force to the narrowest possible range of specific situations. For example, their should be limitations on the use of hand-to-hand combat, batons, mace, stun guns, and firearms. However, limiting polices' actions will bring much debate, especially from police officers and administrators themselves.

Hitler In germany :: essays research papers

The point of this essay is to prove that although Hitler came to power within the 'letter of the law" he did not come to power within the 'spirit of the law.' Hitler was appointed Chancellor on the 30th of January 1933, with only two other Nazis in the Cabinet, this was though to be enough to control him, by Van Papen and the conservatives. Hitler persuaded President Hindenburg to hold new elections in March 1933, in the hope he would gain an over all majority. However in the new elections Hitler controlled Prussia through GÃ ¶ring (Cabinet Minister) and the other two fifths of Germany through Frick (the other Cabinet Minister). With Nazi appointed police chiefs and local government heads, the Nazis had the legal power to intimidate the electorate. By the end of February 1933 Hitler was Chancellor and in control of police and local government, all legally and not within the spirit of the constitution. On the 27th of February 1933 a half-mad Dutch Communist called Van der Lubbe was found wondering in the ashes of the burning Reichstag. This provided the Nazis with the opportunity to persuade Hindenburg to sign an emergency decree (composed by Frick) on February the 28th, suspending civil liberties and allowing the central Government to run regional governments deemed unable to run them selves. By the end of April, twenty five thousand people had been taken into 'protective custody' in Prussia alone. Under the decree Frick was able to 'take over' areas not already controlled by GÃ ¶ring. Because of the 'suicide clause' these actions were legal however they were definitely not within the democratic spirit of the constitution. In the Reichstag elections of March 1933 the Nazis increased their control from 33.1% in December 1932 to 43.9%. This increase can be attributed to the Nazis strong stance on Communism. The Nazis were known for their hatred of Communism, the middle class voted Nazi because of that policy. Joseph Goebbels' propaganda machine was also very good at 'acquiring' votes. Nazi intimation by the now auxiliary policeman (in Prussia), the S.A. and S.S. plus the threat of unemployment by Nazi run organisations also helped increase Nazi votes. With their rightwing and Catholic allies the Nazis were now in a position to obtain power legally. Hitler clearly gained power legally as regards election results but as to how he got the results it is clear he acted both illegally and against the constitution.

Essay on Voltaire’s Candide: A Freudian Interpretation -- Candide Essa

A Freudian Interpretation of Candide  Ã‚   Voltaire’s Candide is a humorous work depicting the misadventures of a German man who has fallen from pseudo-nobility and is forced to roam the world in search for his love and his identity. In his adventures, he encounters massive fits of violence, both inflicted by himself onto others, and by those around him. This huge amount of violent behavior brings about startling questions about morality and justice in Voltaire’s time. It becomes apparent that Candide, among other things, is a satire which focuses on justice. Sigmund Freud, the noted psychologist, came up with the idea three states of consciousness: the id, which is the instinctive quality of humans; the ego, which is human rationale; and the superego, which is a person’s morality, or conscience. The characters and actions of Candide can easily be classified into these three states of consciousness to determine much of what Voltaire satirized in his work.   Ã‚  Ã‚   The middle group of the conscious states, the ego, is the medium of the brain. It is the bridge from the outside world to the inner workings of the mind. It is also the rational portion of the psyche, relying on reason. From the narrative, which is notably biased toward Candide’s point of view, the obvious symbol of the ego is Pangloss, the philosopher. He is Candide’s idol, and the model of right-thinking among the main characters, despite appearing as an utter buffoon to both the audience and the other characters with his hypotheses that all things are â€Å"for the best.† Also distorted views of the ego are apparent in most of the major characters, including Candide and Cunegonde, most notably. Although they are hardly the pictures of rationale, the... ...p in their own personal El Dorado, the microcosmic garden. An Edenic farm becomes their new home. On the other hand, the rest of society is forced to live with the monstrosity that it has created of itself. Candide and his friends can live in peace for the rest of their existence while the rest of humanity, including perhaps even the real El Dorado, must suffer its own set of consequences.   Ã‚  Ã‚  Voltaire is obviously satirizing the period’s view of justice. He makes his points through biting sarcasm using the reversed roles of what he feels should be. These points are unstated, but painstakingly simple and clear. He was obviously hoping to reform the systems of the time. These ideas of reform are made even clearer by Freud’s ideas. Voltaire tries to refocus society’s efforts on morality and thinking, rather than tradition and blind submissions.    Essay on Voltaire’s Candide: A Freudian Interpretation -- Candide Essa A Freudian Interpretation of Candide  Ã‚   Voltaire’s Candide is a humorous work depicting the misadventures of a German man who has fallen from pseudo-nobility and is forced to roam the world in search for his love and his identity. In his adventures, he encounters massive fits of violence, both inflicted by himself onto others, and by those around him. This huge amount of violent behavior brings about startling questions about morality and justice in Voltaire’s time. It becomes apparent that Candide, among other things, is a satire which focuses on justice. Sigmund Freud, the noted psychologist, came up with the idea three states of consciousness: the id, which is the instinctive quality of humans; the ego, which is human rationale; and the superego, which is a person’s morality, or conscience. The characters and actions of Candide can easily be classified into these three states of consciousness to determine much of what Voltaire satirized in his work.   Ã‚  Ã‚   The middle group of the conscious states, the ego, is the medium of the brain. It is the bridge from the outside world to the inner workings of the mind. It is also the rational portion of the psyche, relying on reason. From the narrative, which is notably biased toward Candide’s point of view, the obvious symbol of the ego is Pangloss, the philosopher. He is Candide’s idol, and the model of right-thinking among the main characters, despite appearing as an utter buffoon to both the audience and the other characters with his hypotheses that all things are â€Å"for the best.† Also distorted views of the ego are apparent in most of the major characters, including Candide and Cunegonde, most notably. Although they are hardly the pictures of rationale, the... ...p in their own personal El Dorado, the microcosmic garden. An Edenic farm becomes their new home. On the other hand, the rest of society is forced to live with the monstrosity that it has created of itself. Candide and his friends can live in peace for the rest of their existence while the rest of humanity, including perhaps even the real El Dorado, must suffer its own set of consequences.   Ã‚  Ã‚  Voltaire is obviously satirizing the period’s view of justice. He makes his points through biting sarcasm using the reversed roles of what he feels should be. These points are unstated, but painstakingly simple and clear. He was obviously hoping to reform the systems of the time. These ideas of reform are made even clearer by Freud’s ideas. Voltaire tries to refocus society’s efforts on morality and thinking, rather than tradition and blind submissions.   

Simple Reasons Why Some People Can’t Write Essays

There are some students, perhaps those that you may know, that can’t seem to write essays. There are some people that will seem to have it all down to a science, while some people will not know how to complete a full blown essay of any type. You’re going to find that there are a lot of reasons why this is prevalent. If you’re looking at writing, and are having a hard time overall, you may want to look into a few reasons why some have a hard time. The following solutions will help you focus on how to get moving forward with the process of gaining the upper hand in writing essays. It’s going to focus on why some people can’t write, which will then help you correct mistakes that you may be facing off against. These are the simple reasons why some people can’t write essays, which should help you gain the upper hand. Once you know what to work on, you will be able to address those things and correct them moving forward.Ideas Don’t Come Quic kly Some people have a hard time brainstorming ideas and topics. Some don’t really know what to write about or where to even start. Even with a simple prompt, many people aren’t sure how to develop the ideas that an essay requires. In academia, there’s a lot of focused solutions that come through, and finding a way to organize the right ideas into a narrative that works is tough, to say the least. Narrowing down the options is difficult enough, but getting to a point where you’re working on one thesis statement and then creating proper annotated essay elements can become a struggle, which causes many writers to give up before they even get too far in the writing process.Many Students Don’t OutlineThe process of writing an essay should not be done by sitting down at a word processor and going forward. That’s the mistake a lot of students make, and it’s not a good thing. To master essay writing, you have to focus on outlining, and creat ing ideas that are easy to work with after the fact. Sitting down and trying to write is not going to help forward progress, it’s just too difficult to do that. Many students try to do that, but end up losing focus because they don’t have a path towards the finish line, which is why outlines matter so much.Students Don’t Like EditingA lot of students fail at working well with writing essays because there’s an editing process that many don’t like. Editing means changing things, and facing off against writing options that aren’t very good to run through. Students often assume that the writing process takes one major push, and that’s it. But that’s not true. In order to sustain the path of good academic writing, a student has to write a rough draft, then edit it down and consolidation ideas to fit the format of the prompt. In some cases, over extending the writing is not a good thing, which is why editing is so important. Students often don’t like to edit, because it feels like they are erasing the hard work that they’ve been working through.Reading Comprehension Is RoughFor some individuals, the process of reading and comprehending different view points can be difficult to manage. To the point where writing an essay can become somewhat difficult. Writing an essay is made even more difficult when you have to cite sources, and comprehend what others have done within certain academic criteria. Reading comprehension is one thing, but taking the information that one has read and then rewriting, citing it, and creating a greater push forward regarding the writing process can be a bit difficult.Length and Word Counts Are IntimidatingThere are some students that look at the prompts and word counts associated with essays and become intimidated by them. There are some essays that aren’t that long, only around 500 to 1000 words. However, there are some options that require a lot longer of a push. For instance, graduate study work could need upwards of 10,000 words, and they all need to be cited in certain style. Citations and references alone could be several pages, and that’s not including the actual essay formatting. Length and word counts can easily be intimidating when a writer finds that they have been working for hours, and may only have around 700 or 800 words. Crafting long form essays can be daunting for the novice, and for others, it could be a major hurdle that they cannot seem to overcome with relative ease.Waiting Too Long To StartThe moment that an essay is assigned, the student should chase the option to start working on it. Many students wait too long to start, and end up trying to cram all of the writing into one night. This is a mistake that many people make, and it becomes an impossible task to work out. Waiting too long to start is a bad idea because the editing process becomes difficult to manage, and it becomes even harder to work through ideas, thesis statements and more. Procrastination is the enemy of students, especially when it comes to writing essays of an academic format.Rushing Through The ProcessSome people can write a lot in a short time, but when it comes to proper formatting, and essay writing, they seem to find themselves lacking the appropriate time frame to work on the essay prompts. Rushing through the process, forgetting drafts, outlines, and editing is a part of the bigger problem as to why people can’t write proper essays and seem to have a difficult time progressing through a variety of different arenas. Writing essays is tough, but when you rush through any of the writing process, it becomes a lot more difficult to put together the appropriate structure. At the end of the day, there’s a lot of reasons why people can’t seem to write essays. The above are just some of the most common issues that people have.