Essay on Southeastern Native American Literature - 1215 Words

Southeastern Native American Literature Native American literature from the Southeastern United States is deeply rooted in the oral traditions of the various tribes that have historically called that region home. While the tribes most integrally associated with the Southeastern U.S. in the American popular mind--the FIVE CIVILIZED TRIBES (Cherokee, Chickasaw, Choctaw, Creek, and Seminole)--were forcibly relocated to Indian Territory (present-day Oklahoma) from their ancestral territories in the American South, descendents of those tribes have created compelling literary works that have kept alive their tribal identities and histories by incorporating traditional themes and narrative elements. While reflecting profound awareness of†¦show more content†¦Additional books have showcased the storytelling traditions of other tribes, including Creation Myths and Legends of the Creek Indians, edited by Bill Grantham (2002); Nations Remembered: An Oral History of the Cherokees, Chickasaws, Choctaws, Creeks, and Seminoles in Oklahoma, 1865-1907, edited by Theda Perdue (1993); and Native American Legends: Southeastern Legends--Tales from the Natchez, Caddo, Biloxi, Chickasaw, and Other Nations, edited by George E. Lankford and W. K. McNeil (1987). Members of the Five Civilized Tribes were at the vanguard of Native American literature during the nineteenth century. The earliest work of fiction in English by an author of native descent is generally thought to be Poor Sarah, or Religion Exemplified in the Life and Death of an Indian Woman, a 1823 pamphlet probably written by Elias Boudinot (ca. 1804-1839). A formally educated member of the Cherokee tribe who was born in Georgia, Boudinot was the editor of the bilingual newspaper The Cherokee Phoenix, the first periodical published by Native Americans. Poor Sarah was not commercial fiction--it was a propagandistic tract from a religious advocate. The first overtly commercial work of fiction written by a Native American was Life and Adventures of Joaquin Murieta, the Celebrated California Bandit (1854), a best-selling novel set in California duringShow MoreRelatedThe Importance Of Healthy Texas Women880 Words   |  4 PagesScientific/intellectual This project will fill gaps in the literature surrounding issues of general reproductive health care access. While literature surrounding the issues of reproductive health care access has increased since the passage of H.B. 2, the literature’s main point of focus is abortion (Gomez, 2015). 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Terrorism Attacks On The World Trade Center And Pentagon

Since the terrorist attacks on the World Trade Center and Pentagon on 11 September 2001, there have been different U.S. strategies to try and combat the rise of global terrorism. The attacks made the entire world all too aware of the scale and scope of threats that terrorism can carry. The post-9/11 global climate has thus seen a shift in awareness of and response to terrorist threats. For the last thirteen years now the United States has denoted terrorism as one of the largest threats to national security and the â€Å"highest strategic objective of U.S. embassies worldwide†, a challenge which demands no less resolve than the was required to combat Nazism and Fascism during the last century. This is due to the subversive and penetrative nature of global terrorism, as terrorist groups have the potential to undermine governments and strike devastatingly and completely out of the blue. For this reason, the Unites States has ramped up its antiterrorism and counterterrorism effort s in order to combat the aforementioned transnational and global threat of terror. The United States response to the terrorist attacks on 11 September 2001 is characterized by two seemingly identical terms, antiterrorism and counterterrorism. Antiterrorism refers to the employment by the Government of administrative, police, judicial, penal, political and security resources, tactics and equipment for the purpose of preventing terrorist attacks. This approach can be compared to highway safety; governmentsShow MoreRelatedThe Attack On The World Trade Center Bombing1092 Words   |  5 PagesAmerica has seen many terrorist attacks throughout the world and at home. Seeing them around the world may have hurt, but not as bad as seeing it in your own backyard, when you and your neighbors are being targeted. By definition Terrorism is usually a small group who kills suddenly or secretively. 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Case 1

Case 1-1 Ribbons and Bows Essay ?INTRODUCTION Carmen Diaz, with a ten thousand dollar loan from two of her cousins, and one thousand dollars that she invested in equity, was able to open a specialty store called Ribbons an’ Bows, Inc, which was located in Coconut Grove, Miami, Florida. Four months after opening the business, Carmen’s relatives requested a financial report, which was part of the original business arrangement. Within a short time, Carmen had expanded the business, purchased small equipment, paid wages to a part-time employee, and by all outward indicators, had been running a flourishing business. As Carmen gathered the necessary information to prepare financial statements, she started to scrutinize the transactions and was somewhat perplexed. Carmen realized that numbers were not adding up as she had anticipated. Additionally, it became questionable whether the business was operating successfully, at least when accounting principles were appropriately applied. Statement of the Problem It was fortuitous for Carmen Diaz to have family who were supportive of her small business endeavor, thereby providing start-up funds and legal advice. Carmen’s endeavor can be recognized as a â€Å"microbusiness† operation; â€Å"microcredit†, microenterprise† and â€Å"microfinance† are terms that have been associated with microbusinesses (Datar, 2009). Clearly, Carmen would have benefitted from some professional entrepreneurial guidance that is widely available at no cost in the United States. Indeed, her uncle practiced law, but it was not clear if business law (finance/ accounting) was within his forte. It was noticeable that Carmen was unskilled in accounting principles; she had apparently prepared a business plan but was not adept in all accounting proficiencies, for example, budgeting and long term planning. There was no evidence to indicate that Carmen had planned for the replacement of essential equipment, such as the computer and essential accounting management software, beyond the basic business tracking tools. She was not in tuned with important details of running a business. Altogether, Carmen was operating under a misapprehension about managing a business; one significant issue was that she was not paying herself a salary, and she had obviously not planned for such necessary compensation. In addition, Carmen had not make provisions for repayment of the loan from her family members. The major issue however, was that Carmen had spent more cash on the sewing machine, rent, employee wages and inventory, when compared with starting cash and the revenue that the business had generated (Appendix I: Income Statement). Carmen Diaz had encountered what has been described as â€Å"one of the most severe problems in microenterprise cost management† and that is the management of inventory (Datar, 2009). DESCRIPTION OF ALTERNATIVE SOLUTIONS According to Datar (2009), â€Å"access to financial capital isnt enough for many of the most vulnerable clients. Microbusiness owners often lack the knowledge and skills necessary to make effective use of financial capital. While it was necessary for Carmen to pay rent, wages and purchase small equipment to develop her business, she needed to monitor cash flow data (Appendix II: Cash Flow), thereby paying better attention to details about inventory. Inventory sitting on shelves or stored in boxes is essential capital that was not performing for the business. 1Carmen should seek out an accounting or business class at a local small business center, perhaps a community college, or engage the help of someone who could provide assistance with basic accounting ski lls. Having access to capital was promising but Carmen, by evidence, was somewhat vulnerable, lacking basic knowledge, skills and abilities to adequately utilize and â€Å"make effective use of financial capital† (Datar, 2009). As noted in the literature, â€Å"Five management accounting tools have the greatest potential for microbusinesses: cost management, throughput enhancement, budgeting, risk management, and identifying opportunities† (Datar, 2009). 2An alternative to the operating procedure Ms. Diaz has used is to order lesser inventory, more frequently. This would keep more cash in the business, which would allow Ms. .u9613b231d23510a2a787937e71ffe3a1 , .u9613b231d23510a2a787937e71ffe3a1 .postImageUrl , .u9613b231d23510a2a787937e71ffe3a1 .centered-text-area { min-height: 80px; position: relative; } .u9613b231d23510a2a787937e71ffe3a1 , .u9613b231d23510a2a787937e71ffe3a1:hover , .u9613b231d23510a2a787937e71ffe3a1:visited , .u9613b231d23510a2a787937e71ffe3a1:active { border:0!important; } .u9613b231d23510a2a787937e71ffe3a1 .clearfix:after { content: ""; display: table; clear: both; } .u9613b231d23510a2a787937e71ffe3a1 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u9613b231d23510a2a787937e71ffe3a1:active , .u9613b231d23510a2a787937e71ffe3a1:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u9613b231d23510a2a787937e71ffe3a1 .centered-text-area { width: 100%; position: relative ; } .u9613b231d23510a2a787937e71ffe3a1 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u9613b231d23510a2a787937e71ffe3a1 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u9613b231d23510a2a787937e71ffe3a1 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u9613b231d23510a2a787937e71ffe3a1:hover .ctaButton { background-color: #34495E!important; } .u9613b231d23510a2a787937e71ffe3a1 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u9613b231d23510a2a787937e71ffe3a1 .u9613b231d23510a2a787937e71ffe3a1-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u9613b231d23510a2a787937e71ffe3a1:after { content: ""; display: block; clear: both; } READ: Sir Gawain and the Green Knight EssayDiaz to take some salary for herself and to set up a payment schedule for the business loan from her cousins. As noted by Sergeant (2009), it is best to keep minimal inventory on hand. Excessive inventory, whether materials needed to perform services or office supplies, ties up cash. More frequent orders would allow Ms. Diaz to order more accurately based on actual consumption rather than estimating needs over the longer term, using the principles of Just- In- Time (JIT) ordering. This alternative is dependent on shipping costs and order turn-around times as well as customer order lead times. 3Another alternative is for Ms. Diaz to keep only samples in her store. Customers pay a 50 % deposit when they order the product and Ms. Diaz then orders the materials for that specific order. When the materials arrive, Ms. Diaz fabricates the product and subsequently, delivery and final payment take place. Again, she will use JIT principles to order only the materials for work that has been ordered. In the situation where particular products are standard or quick turnover items, an exception may be made to the no inventory rule. Again, the concept is that less cash is tied up in inventory and is available for a salary for Ms. Diaz and her loan repayment. SELECTION OF THE BEST SOLUTION The best solution is dependent on the mix of Ms. Diaz’s business. If the store experiences most of its sales in ready-made items or off the shelf ribbon products, the solution of minimal inventory purchased frequently to support those sales is appropriate. If, on the other hand, most of the sales are comprised of custom orders for wedding decorations and other similar products, the procedure of requiring a 50% deposit at the time of order, ordering materials for the specific job and collecting the outstanding balance at the time the customer picks up the finished product would be appropriate. If the store does both types of business in fairly equal proportions, there is no reason why a hybrid of both methods could not be used. At such an early stage in business, it is important for Carmen to balance cash flow and inventory with sales/ income figures and synchronize with the turnover (ultimate decision to purchase) of inventory. Four months after opening for business, Carmen must monitor walk-in-business versus special-orders, scrutinize accounts for profitability, and manage inventory accordingly. The incorporation of standard/ routine management accounting principles and techniques would significantly enhance the day-to-day business decisions. Having access to business software is an excellent start but is not an adequate replacement for the expertise of education and knowledge that could be found at a small business center, or obtained in a class at a community center or local college. Conclusion and Summary Carmen Diaz’s new business appears to be profitable as of June 30, 2006. The financial statements are included as Appendices I, II, and III. Cash was depleted by the purchase of materials, explaining the difference in the bank account on June 30th. The business could not be considered successful in that there has been no movement toward repaying the $10,000 loan, and no salary was paid to Ms. Diaz. However, if the on-hand materials inventory is reduced and the suggested steps are taken, it is likely that the business can be successful and provide Ms. Diaz with a salary and the ability to repay the loan. Carmen started on her venture with $11,000; within four months, the balance sheet (Appendix III: Balance Sheet) shows that assets totaled $12,770. It might appear that the business had earned $1,770. On the other hand, Carmen had earned $1300 dollars per month as a cashier. According to the numbers, had Carmen kept her job, she would have earned $5,200 over four months. When compared with $1,770 that the business earned, Carmen would have been more profitable than the business entity by $3,430. Appendix I Ribbons and Bows Income Statement Q1, 2006 INCOME STATEMENT Sales Revenue $ 7,720. 00 COGS $ 2,100. 00 GROSS MARGIN $ 5,620. 00 Supplies $ (80. 00) Rent $ (1,800. 00) Advertising (150. 00) Wages $ (1,600. 00) Depreciation on Sewing Machine and Computer $ (310. 00) Interest on Cousins loan $ (200. 00) NIBT $ 1,480. 00 TAXES $ REVENUE AFTER TAXES $ 1,480. 00 Appendix II CASH FLOWS 3,390. 00 Starting Cash $ 4,000. 00 Sales (Q1) $ 7,400. 00 Sewing Machine (bought after April 1st) $ (1,800. 00) Rent (April-June) $ (1,800. 00) Inventory (replenishment after April 1st) $ (2,900. 00) Employee Wages $ (1,510. 00) Appendix III Ribbons and Bows Balance Sheet June 30th, 2006 .u2c066d0242371195bc54548c0af230c3 , .u2c066d0242371195bc54548c0af230c3 .postImageUrl , .u2c066d0242371195bc54548c0af230c3 .centered-text-area { min-height: 80px; position: relative; } .u2c066d0242371195bc54548c0af230c3 , .u2c066d0242371195bc54548c0af230c3:hover , .u2c066d0242371195bc54548c0af230c3:visited , .u2c066d0242371195bc54548c0af230c3:active { border:0!important; } .u2c066d0242371195bc54548c0af230c3 .clearfix:after { content: ""; display: table; clear: both; } .u2c066d0242371195bc54548c0af230c3 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u2c066d0242371195bc54548c0af230c3:active , .u2c066d0242371195bc54548c0af230c3:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u2c066d0242371195bc54548c0af230c3 .centered-text-area { width: 100%; position: relative ; } .u2c066d0242371195bc54548c0af230c3 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u2c066d0242371195bc54548c0af230c3 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u2c066d0242371195bc54548c0af230c3 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u2c066d0242371195bc54548c0af230c3:hover .ctaButton { background-color: #34495E!important; } .u2c066d0242371195bc54548c0af230c3 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u2c066d0242371195bc54548c0af230c3 .u2c066d0242371195bc54548c0af230c3-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u2c066d0242371195bc54548c0af230c3:after { content: ""; display: block; clear: both; } READ: A Man On The Moon EssayASSETS 12,770. 00 LIABILITIES 12,770. 00 Current Assets 9,030. 00 Current Liabilities 10,290. 00 Cash in Bank $ 3,390. 00 A/P $ 90. 00 A/R $ 320. 00 Cousins Loan $ 10,000. 00 Inventory $ 4,100. 00 interest payable $ 200. 00 Prepaid Rent $ 1,200. 00 Supplies $ 20. 00 Fixed Assets 3,740. 00 Long-term Liabilities 0. 00 Cash Register $ 250. 00 Sewing Machine $ 1,740. 00 Computer $ 1,750. 00 Shareholders Equity 2,480. 00 Earnings $ 1,480. 00 Carmens Personal Investment 1,000. 00 References Anthony, R. N. , Hawkins, D. F. , , K. A. Accounting: Text Cases 12th Edition, New York, NY; McGraw-Hill Irwin Publishing Company Datar,  S. ,  Epstein,  M. ,  ,  K.. (2009). MANAGEMENT ACCOUNTING AND CONTROL: Lessons for and from the Worlds Tiniest Businesses. Strategic Finance,  91(5),  27-34. Retrieved August 15, 2010, from ABI/INFORM Global. Sergeant, D. J. , (2009,  October). Painless Cost Cutting. Alaska Business Monthly,  25(10),  42. Retrieved August 15, 2010, from ABI/INFORM Dateline.

Theory of Negligence Advance in High Court in Australia

Introduction In the resolution of civil cases involving claims of negligence, it is vital for the plaintiff to attest that the defendant owed him/her a duty of care, the breach of which resulted to a damage on his or her part. It is also crucial for the defendant to have recognised in the most reasonable sense that he owned a duty of care to the plaintiff.Advertising We will write a custom thesis sample on Theory of Negligence Advance in High Court in Australia specifically for you for only $16.05 $11/page Learn More This implies that every element of tort has concepts of value judgment ingrained in it. One such value judgment is the capacity to proof that the damage caused to the plaintiff was foreseeable in the most reasonable sense by a reasonable individual in a similar position as the defendant during the time of raising the negligence claims. In this end, a controversy emerges in determining what is foreseeable and what is not foreseeable. Conseque ntly, judges, not only from Australia, have to derive mechanisms of settling matters involving claims of negligence by determining the reasonableness of the claims, extents of duty of care owed to the plaintiff, and the degree of foreseeability of the damages claimed by the defendant1. Therefore, as revealed in the paper, judges theoretically apply an ‘objective test’ to disguise a ‘subjective’ value judgment in claims relating to negligence in the Australian courts. Components of tort of negligence in Australia and objective test In the Australian law, negligence comprises of two essentials components: â€Å"foreseeability of the risk of harm and the so called negligence calculus†2. The first component is central in providing a response to the query of whether a person deemed reasonable would have considered the necessary precautions to avoid the risks acerbated to the defendant. This is a quest to prove a duty of care. One of the ways of proofing d uty of care is through a subjective test in which the court has to determine whether the defendant knowingly subjected the plaintiff to situations likely to cause substantial harm. Another way of proving duty of care is through objective test applied by judges. This entails determining that a defendant failed to realise his/her actions towards another party (claimant) would have caused substantial harm; something that another party in such a position as the defendant would have realised. In Australia, the objective test disguises prior knowledge that one’s actions towards another person would cause substantial harm (subjective test) because the person claimed to have caused the damage is not vital to have prior knowledge that his/her actions could have caused the claimed damage3. Rather, the standard is to prove that another reasonable person in the same position as the defendant would have realised the probability of the damage and could have taken the necessary precautions to prevent its occurrence. However, even though this argument points at asserting that judges in high courts use objective tests to disguise subjective tests to settle claims of negligence in the Austrian courts, it is important to pin point that â€Å"foreseeability implies precondition for finding negligence†4.Advertising Looking for thesis on administrative law? Let's see if we can help you! Get your first paper with 15% OFF Learn More This means that a court cannot hold one accountable for not adhering to the necessary safety measures aligned with any unforeseeable risk. However, the fact that the defendant is needed to have foreseen a possible risk on the part of plaintiff does not necessary imply that the defendant needs to be considered as being negligent in taking appropriate precautions to make sure that the plaintiff was free from risks exposure as a subjective test would require5. Instead, a calculus for negligence is applied to lay the frameworks for making decisions on the necessary precautions that a reasonable person in the same position as the defendant (objective test) would have taken to eliminate the risks posed to the plaintiff, and which truncated in breach of duty of care. The negligence calculus applied by Australian judges’ sets out the various precautions that a defendant is anticipated to have taken into consideration before acting in a manner that a reasonable person would have known could have caused risks of harm to the plaintiff. According to Deakin, and Johnston, the calculus tests â€Å"a) the probability that the harm would occur if care was not taken, b) the likely seriousness of the harm, c) the burden of taking precautions’ to avoid the harm and, d) the social utility of the risk-creating activity†6. Essentially, the calculus entangles weighing these four components. For personal injuries, the approach of the court is not to test all these components separately for a proof of neglige nce claim to stand. Rather, â€Å"†¦the court simply asks in the light of these factors what the reasonable person in the position of the defendant would have done or not done in order to avoid harm to the plaintiff† (McGlone Stickley, n 11). In this context, it is arguable that, while the probability of risks may a scientific concept, the objective approach of foreseeabilty rests on both interference and knowledge. For example, â€Å"even though an event would be highly probable to occur, any person can foresee such an event if that person ought to know or even knows that such an event would take place†7. This means that judges interpret knowledge of an event likely to pose danger or harm to an individual resulting from undue acts of another person based on the alleged date of negligence but not on possession of such knowledge at some future time. Conversely, an event of low probability, which can truncate into harming another person (plaintiff) due to negligenc e of another person(defendant) is only foreseeable by any person in legal terms if that person ought to have known or even knows that such an event had taken place some times in the past8.Advertising We will write a custom thesis sample on Theory of Negligence Advance in High Court in Australia specifically for you for only $16.05 $11/page Learn More Consequently, it is deducible that, for the purposes of interpretation of validity of negligence claims in Australia, â€Å"whether a person ought to have foreseen a particular event is not a matter of what they knew, but of what the ‘reasonable person’ in their position would have known†9. This is why judges apply reasonable foreseeabilty to proofs entailing negligence claims. Essentially, this requires objective tests. Subject to the approaches of objective value judgment in Australia, a major problem emerges because low probability events may be foreseeable. Consequently, while it sou nds subtle to anticipate an individual to be held liable for failing to pay attention to precautions for unforeseeable risks, it is also unreasonable to anticipate an individual to have taken precautions to a risk possessing low probabilities just because it was foreseeable. In dealing with this challenge, in the case of Wyong Shire Council v Shirt (1980) 146 CLR 40, the high court held, â€Å"in effect, that a person cannot be held liable for failure to take precautions against a risk that could be described as ‘far-fetched or fanciful’, even if it was foreseeable†10. This simply implies that some risks possess very low liabilities to the extent that reasonable people would ignore them. Hence, such persons would not be considered as having breaching duty of care if such risks could have materialised and caused immense damage with the cheapness of mitigating them withstanding. Another objective approach in determining any claims of negligence, as set out by the A ustralian high court is the determination of circumstances in which individuals may be held liable for failing to prevent personal injuries and or death from occurring. This disregards the case where the negligence of the defendant to play his or her duty of care resulted into the harm and unless such conduct of the defendant was not too remote from the defendant’s negligent conducts11. The problem with such an objective approach is that individuals get rare opportunities and guidance on how and when their conducts so considered as negligent may amount to harm. Irrespective of this problem, the high court considers that such causation entangles two main aspects12. The first aspect is the factual causation while the second is the causal causation. The high court has established laws to deal with issues of causation both subjectively and objectively. Hence, further discussions of these aspects are beyond the scope of this paper. Further examples of objective approaches to judgm ents that are disguised as subjective value judgments are exemplified by Gaudron in Bennett v Minister for Community Welfare (1992) 176 CLR 408, 420-421.Advertising Looking for thesis on administrative law? Let's see if we can help you! Get your first paper with 15% OFF Learn More In fact, Gaudron reckons, â€Å"in the absence of evidence that the breach had no effect or that the injury would have occurred even if the duty had been performed, it will be taken that the breach of the common law duty of care caused or materially contributed to the injury†13. From this judgment, it is clear that the impact of objective value judgment in negligence claims is to ensure that the onus of proof in matters of causation are shifted to the defendants the moment the court establishes that the duty of care on the part of the plaintiff was breached. This also applies if the plaintiff suffered injuries that were foreseeable. This principle is widely approved by the high court in its recent settled cases. Its impact is to alter the traditional law relating to the causation of events leading to breach of duty of care coupled with having an immense potential in expanding the scope of the claims of negligence14. Conclusion In conclusion, in settlement of claims of neglige nce, the approach followed by the Australian high court is to proof that the defendant behaved in a style that would have caused injury, damage, or harm to the plaintiff. For the claim to hold, the paper has discussed that a consideration does not proof that the defendant failed to act to prevent the risk from occurring hence causing the claimed damage by the plaintiff. Rather, a consideration goes to proof that a reasonable person could have foreseen such risks. This implies that the court seeks to proof that the defendant acted in an unreasonable manner so that he or she caused harm on the plaintiff part. In this light, the paper has argued that the Australian courts judges theoretically apply an ‘objective test’ to disguise a ‘subjective’ value judgment in claims relating to negligence. The stand holds since the burden of the proof rests on the defendant to proof beyond any reasonable doubt that he was reasonable in acting in a manner that caused harm, a s claimed by the plaintiff, or he never acted in such a manner. Bibliography Australian Human Rights Commission, Fact Sheet 1: Defining Human Rights (2012) https://www.humanrights.gov.au/our-work/education/human-rights-explained-fact-sheet-1-defining-human-rights at 1 August 2012. Bennett v Minister for Community Welfare (1992) 176 CLR 408, 420-421. Brisbane Authority v Taylor (1996) 70 ALJR 866 at 871-2. Cook v Cook (1986) 162 CLR 376 at 390 (Mason, Wilson, Deane and Dawson JJ). Deakin Simon and Angus Johnston, Markesinis’ and Deakin’s tort law (Oxford University Press, 2003). Feinman, Jay, Law 101 (Oxford University Press, 2010). Kirby Michael, ‘Is legal history now ancient history’ (2009) 83 Australian Law Journal 31. McGlone, Frances and Amanda Stickley, Torts Law: Accessible and well-balanced overview of the law of torts in Australia (New Jersey, 2007). Victorian Law Reform Commission, Civil justice Review (Report No 14, 2008). Vines, Prue, Law and Ju stice in Australia- foundations of the Legal System (Oxford University press, 2009). Wyong Shire Council v Shirt (1980) 146 CLR 40. Footnotes 1 Australian Human Rights Commission, Fact Sheet 1: Defining Human Rights (2012). 2 Prue Vines, Law and Justice in Australia- foundations of the Legal System (2009) 10-37. 3 Brisbane Authority v Taylor (1996) 70 ALJR 866 at 871-2). 4 Jay Feinman, Law 101 (2010) 80-95. 5 Taylor (1996) 70 ALJR 866. 6 Simon Deakin and Angus Johnston, Markesinis’ and Deakin’s tort law (2003) 2-10. 7 Frances McGlone and Amanda Stickley, Torts Law: Accessible and well-balanced overview of the law of torts in Australia (2007) 23. 8 Cook (1986) 162 CLR 376. 9 McGlone and Stickley, above n 1. 10 Wyong Shire Council v Shirt (1980) 146 CLR 40. 11 Victorian Law Reform Commission, Civil justice Review (2008) 14. 12 Cook v Cook (1986) 162 CLR 376 at 390. 13 Bennett (1992) 176 CLR 408, 420-421. 14 Michael Kirby, ‘Is legal history now ancient historyâ€⠄¢ (2009) 83 Australian Law Journal 31. 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