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Probook 5 Quotes by user809874

Integrity is the fundamental premise for military service in a free society. Without integrity, the moral pillars of our military strength, public trust, and self-respect are lost.

If I am captured I will continue to resist by all means available. I will make every effort to escape and aid others to escape. I will accept neither parole nor special favors from the enemy.

If I become a prisoner of war, I will keep faith with my fellow prisoners. I will give no information or take part in any action which might be harmful to my comrades. If I am senior, I will take command. If not, I will obey the lawful orders of those appointed over me and will back them up in every way.

The discipline which makes the soldiers of a free country reliable in battle is not to be gained by harsh or tyrannical treatment. On the contrary, such treatment is far more likely to destroy than to make an army. It is possible to impart instruction and give commands in such a manner, and such a tone of voice as to inspire in the soldier no feeling but an intense desire to obey, while the opposite manner and tone of voice cannot fail to excite strong resentment and a desire to disobey. The one mode or other of dealing with subordinates springs from a corresponding spirit in the breast of the commander.

Ielts writing essay by user110205

Without capital punishment (the death penalty) our lives are less secure and crimes of violence increase. Capital punishment in essential to control violence in society.To what extent do you agree or disagree with this opinion?
  Model Answer:
  Before talking about the essential role of death penalty, you have to think about the meaning, and the purpose, of any kind of punishment. If you consider that the purpose is to prevent the guilty from being nasty again, you can be seduced by an argumentation in favour of the suppression of capital punishment. But you have to think about another aspect of the problem: a punishment is also useful to impress people, to make them fear the law. In fact, let's take the example of a young misfit, which has grown in a violent atmosphere, influenced by older delinquents, etc ... He lives in the streets, he's got no aim but to survive. This is the kind of person who could possibly kill someone for money, or even for fun ... Why would he fear prison? Life would be easier for him there. In addition, in many cases, when you behave normally, you can benefit from penalty reductions. This young misfit needs to be impressed, he needs to know that the law is a frontier. When you cross it, you can lose your life. That is why capital punishment helps keeping a distance between robbery and murder. If you abolish it, you suppress the difference between these two types of crime, which are completely different.
  But there is also a limit to define: even if death penalty is unavoidable, it would be a crime to apply it to inadequate cases. If there is no premeditation or past facts which can justify such a punishment, it is far too strict to apply death penalty. That is why the lawmakers have to establish precisely the context in which capital punishment car be pronounced. That is the price to pay to limit violence without using excessive violence.

Ielts writing essay4 by user110205

Recent figures show an increase in violent crime among youngsters under the age of 18. Some psychologists claim that the basic reason for this is that children these days are not getting the social and emotional learning they need from parents and teachers.To what extent do you agree or disagree with this opinion?
  Model Answer:
  It does seem to be true that parents find teachers have lost the authority they used to have, especially in the eyes of teenagers. They are no longer seen as models for behavior: hard work, politeness and other positive qualities are seen as old fashioned. Many young people have no respect for these qualities or the people who represent them. In fact, I think when young people today are so rebellious that it's possible that both parents and teachers are afraid to exercise their authority. However, I do not agree that this is the basic reason for the increase in teenage violence.
  While I believe it is true that a lack of social and emotional learning contributes to the problem. Other factors are surely involved: economic factors, for example. If a child comes from a poor family and they live in low-quality housing in all undesirable area, this is sure to affect the child, however loving the parents are.
  There is also the question of who your friends are. I believe that when you are in your teens your friends have more influence on you than your parents or teachers. At that age, you want to be part of a group, or even a gang, and this might lead to breaking the law in a number of ways.
  In conclusion, while I agree that lack of social and emotional learning from parents and teachers is a factor in the growth of teenage violence, I do not believe that it is the only or main cause.

Ielts writing essay3 by user110205

Model Answer 2: (Disagree)
  I strongly support the death penalty for murderers. In today's society, life is very violent. There are many mentally-ill people committing crimes and almost nothing will stop them. We have interviewed captured criminals who say, "I was going to kill him, but I knew that I could get the death penalty if I did. So I just left him there." Obviously, having the death penalty saves lives and that makes a positive difference to society.
  If a criminal does murder someone, and then gets the death penalty, that isn't society's fault. Everyone knows about the death penalty as a punishment for murder. So, the person who murders is really killing himself at the same time he is killing his victim. The murderer has made the choice to die.
  It is important to remember that the death penalty is used only for people who have committed very serious crimes. For example, a woman shot a police officer when she was trying to escape from jail. She was already a convicted criminal when she committed murder, and she deserves the death penalty.
  People need to accept responsibility for their actions. Punishing murderers with the death penalty is one way that society can help people to realize/realise the consequences of their decisions.

Ielts writing essay2 by user110205

By punishing murderers with the death penalty, society is also guilt of committing murder. Therefore, life in prison is a better punishment for murderers.To what extent do you agree or disagree with this statement?
  Model Answer 1: (Agree)
  "Do as I say, not as I do." This is what society tells us when it punishes murderers with the death penalty. Society tells us that murder is wrong, and in our legal system, murder is against the law. Yet we still see our society kill murderers, and thus we are committing murder ourselves. For this reason, the death penalty should end, and instead murderers should be punished with life in prison.
  Society needs to show a positive model of how our lives should be and how people should act. We should always strive to improve our situation, to be at peace and in harmony with others. However, when we kill murderers, we are not working to improve our society. Instead, we are stooping to the criminals' level.
  It makes me think about the revenge that came when playing games with my brothers. When we were kids/children, my brother would take my toys, so I would hit him and take my toys back. Then he would hit me harder and take the toys again. Thinking of the death penalty, I imagine a murderer kills someone. Society takes revenge by killing the murderer. This leaves behind the murderer's family and friends, who have tremendous anger inside of them, which they may release onto society. The cycle of killing goes on and on.
  Society should not condemn people who are taking the same action that society is taking. Society tells us not to kill, and yet society kills when it exercises the death penalty. Because of this contradiction, we should end the death penalty and instead punish murderers by sentencing them to life in prison.

Charmony Dove by 8killernguyen8

One day, after dinner, while my younger sister and I were lounging about in Mr. Gopher Wood's yard, we spotted a fledgling Charmony Dove all on its own. That baby bird was tiny, it didn't even have all of its feathers, and it couldn't sing. When we found it, it was already on its last breath, having fallen into a shrub — probably abandoned by its parents. We decided to build a nest for it right there and then. However, thinking back, that winter was unusually cold, with fierce winds at night in the yard, not to mention the many poisonous bugs and wild beasts in the vicinity... It was clear that if we left the fledgling in the yard, it stood no chance of surviving until spring. So, I suggested we take it inside, place it on the shelf by the window, and asked the adults to fashion a cage for it. We decided that when it regained its strength enough to spread its wings, we would release it back into the wild. The tragic part — something that we'd never considered — was that this bird's fate had already been determined long before this moment... Its destiny was determined by our momentary whim. Now, I pass the power of choice to you all. Faced with this situation, what choice would you make? Stick to the original plan, and build a nest with soft net where the Charmony Dove fell? Or build a cage for it, and feed it, giving it the utmost care from within the warmth of a home? I eagerly await your answer

WASH by user110208

Safe drinking-water, sanitation and hygiene (WASH) are crucial to human health and well-being. Safe WASH is not only a prerequisite to health, but contributes to livelihoods, school attendance and dignity and helps to create resilient communities living in healthy environments. Drinking unsafe water impairs health through illnesses such as diarrhoea, and untreated excreta contaminates groundwaters and surface waters used for drinking-water, irrigation, bathing and household purposes. This creates a heavy burden on communities. Chemical contamination of water continues to pose a health burden, whether natural in origin such as arsenic and fluoride, or anthropogenic such as nitrate. Safe and sufficient WASH plays a key role in preventing numerous neglected tropical diseases (NTDs) such as trachoma, soil-transmitted helminths and schistosomiasis.

However, poor WASH conditions still account for more than one million diarrhoeal deaths every year and constrain effective prevention and management of other diseases including malnutrition, NTDs and cholera.

Evidence suggests that improving service levels towards safely managed drinking-water or sanitation such as regulated piped water or connections to sewers with wastewater treatment can dramatically improve health by reducing diarrhoeal disease deaths.

Rule 1.17(b) by user106337

(b) The entire practice, or the entire area of practice, is sold to one or more lawyers or law firms;

Laird v. Tatum by user106337

There is a general presumption that a judge is impartial. A judge's impartiality might reasonably be questioned when, for example, personal familiarity with the facts of the particular case or a judge's relationship with the particular parties may establish judicial bias or prejudice. But judges are presumed to be able to put aside general preferences, and to follow the law. Therefore, judges are not required to recuse themselves simply because of past professional experience working on behalf of a particular policy, because of a prior association with an organization that reflects particular political, social, or philosophical preferences, or because of previously expressed opinions on the generally applicable law.

Canon Rule 2.11(A) by user106337

(A) A judge shall disqualify himself or herself in any proceeding in which the judge’s impartiality* might reasonably be questioned, including but not limited to the following circumstances:

Work Product by user106337

The work-product doctrine broadly protects any material prepared by a lawyer in anticipation of litigation, including witness statements as well as the lawyer's opinions and mental impressions.

Rule 2.3, Comment 5 by user106337

When an evaluation provided to a third party presents no significant risk to the client, the lawyer may be impliedly authorized to disclose information to carry out the representation.

Rule 3.1 by user106337

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.

Rule 7.1, Comment 8 by user106337

The name of a lawyer holding public office may not be used in the name of a law firm during any substantial period in which the lawyer is not actively and regularly practicing with the firm.

Atty-Clie. Privilege by user106337

The attorney-client privilege requires that the communication be made in confidence. A client communication is made in confidence if the communicating person reasonably believes that no one except a privileged person will learn the contents of the communication.

3.8(a) by user106337

The prosecutor in a criminal case shall: (a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;

Rule 1.2(a) by user106337

(a) Subject to paragraphs (c) and (d), a lawyer shall abide by a client's decisions concerning the objectives of representation and, as required by Rule 1.4, shall consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client's decision whether to settle a matter. In a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.

Rule 4.1 Com. 2 by user106337

Model Rule 4.1 prohibits a lawyer from knowingly making a false statement of material fact to a third person; however, Comment 2 states that under generally accepted conventions in negotiation, certain types of statements are not taken as statements of material fact, including estimates of price or value or statements of a party's intentions as to an acceptable settlement of a claim. The attorney's statements with respect to the amount the buyer was willing to pay clearly fell within these conventions.

Rule 1.8(c) by user106337

(c) A lawyer shall not solicit any substantial gift from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the lawyer or a person related to the lawyer any substantial gift unless the lawyer or other recipient of the gift is related to the client. For purposes of this paragraph, related persons include a spouse, child, grandchild, parent, grandparent or other relative or individual with whom the lawyer or the client maintains a close, familial relationship.

Decline the Rep by user106337

There is no Model Rule or other law that requires a lawyer to have "good cause" to decline to represent a prospective client, or to provide a reason for declining such representation, even when there are no other competent lawyers who could represent the prospective client.