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n Mar. 30, the International Court of Justice (ICJ) issued its judgment on the merits in Certain Iranian Assets, nearly seven years after the case between Iran and the United States was first filed. The Court found that a number of U.S. actions constituted violations of the Treaty of Amity between Iran and the United States, but that the 2018 termination of the Treaty meant that the Court could only award monetary damages and could not order cessation of the United States’ activities.ccccc In a complex opinion touching on issues ranging from “unclean hands” to expropriation, the Court determined that it could not order the United States to unfreeze nearly $1.75 billion in Iranian central bank assets but obligated the United States to compensate Iranian companies for its sanctions and seizure of other assets. Both the United States and Iran were quick to frame the decision as a victory. The United States issued a statement calling the Court’s judgment a “major victory for the United States and victims of Iran’s State-sponsored terrorism.” Meanwhile, Iran’s Foreign Ministry said that the ICJ’s ruling proved Iran’s “righteousness and the violations by the US government.” Factual Background and Iran’s Claims Iran brought this case against the United States in 2016 claiming that the United States had violated both the 1955 Treaty of Amity between the two countries and international law norms on State immunity by permitting private litigants to proceed in suits against Iran and attaching seized Iranian assets to satisfy judgments against Iran obtained in those actions. Iran’s claims are rooted in several legislative and executive acts taken by the United States. These measures culminated in a number of default and substantial damages judgments entered by U.S. courts against Iran and Iranian State-owned entities. In 1996, the United States amended the Foreign Sovereign Immunities Act (FSIA) to remove immunity for States designated as “State sponsors of terrorism.” The FSIA’s terrorism exception prompted many plaintiffs to commence proceedings against Iran, which the United States designated as a “State sponsor of terrorism” in 1984, for damages caused by acts allegedly supported by Iran. The Terrorism Risk Insurance Act (TRIA), enacted in 2002, permitted enforcement measures for judgements entered pursuant to the 1996 amendment to the FSIA. Importantly, Section 201 of TRIA provides that in these cases, the assets of an entity designated as a “terrorist party” shall be subject to execution or attachment in aid of execution. As a result of President Barack Obama’s Executive Order 13599, the United States blocked all assets of the Iranian government, including those of the Central Bank of Iran (Bank Markazi) and of other financial institutions, within U.S. jurisdiction. The United States then adopted the Threat Reduction and Syria Human Rights Act (ITRSHRA), subjecting Bank Markazi’s assets to execution to satisfy default judgments against Iran. Bank Markazi challenged ITRSHRA in Bank Markazi v. Peterson, but the Supreme Court upheld the use of nearly $1.75 billion in Central Bank of Iran assets to satisfy judgments in favor of terrorism victims under the FSIA’s terrorism exception. As a result of these executive, legislative, and judicial acts of the United States, Iran initiated proceedings before the ICJ and argued that Iran and its entities were suffering serious and ongoing harm in violation of the Treaty of Amity. Jurisdiction and Admissibility 2019 Judgment on Preliminary Objections Prior to the Mar. 30 opinion, the Court in its 2019 judgment on preliminary objections rejected the United States’ claims that it did not consent to the ICJ’s jurisdiction under the Treaty’s dispute resolution clause which conferred the Court jurisdiction over disputes arising from the Treaty. In addition to objecting the Court’s jurisdiction over the dispute, the United States filed preliminary objections to the admissibility of the case on several grounds including that Iran’s claims were beyond the scope of the Treaty and Iran’s invocation of ICJ jurisdiction, given its history of supporting international terrorism, amounted to an abuse of process. The Court unanimously dismissed United States’ admissibility objections to Iran’s claims. However, the Court determined that it lacked jurisdiction over claims that the United States violated Iran’s sovereign immunity. It also determined that a third objection on jurisdiction, over claims regarding Bank Markazi, was not of a preliminary character and saved a full decision on that objection for full development of the factual record. Jurisdiction over the Central Bank of Iran (Bank Markazi) In the Mar. 30 opinion, the Court returned to the outstanding jurisdictional question and determined that it lacked jurisdiction over Iran’s claims relating to alleged U.S. violations of the Treaty of Amity in relation to Bank Markazi. The Treaty grants benefits only to “nationals” (natural persons) and “companies.” The United States successfully argued that Bank Markazi was not a “company” within the meaning of the Treaty, and therefore, Iran’s central bank was not protected by the Treaty. This jurisdictional determination was particularly significant because it covered assets of nearly $1.75 billion dollars, representing most of Iran’s overall monetary claims. In reaching its decision, the Court paid particular attention to the “nature” of Bank Markazi’s activities, rather than its legal personality separate from the Government of Iran. Iran contended that Bank Markazi’s investment of dematerialized bonds issued on the U.S. financial market and subsequent management of proceeds from those 22 securities qualified it as a “company” under the Treaty. The ICJ was unconvinced and ruled that the bank did not engage in a sufficient level of activities of a commercial character to be characterized as a “company” entitled to the Treaty’s protections. The Court ruled that Bank Markazi’s operations in the United States are “part of the usual activity of a central bank and inseparable from its sovereign function.” Failure to Exhaust Local Remedies The Court rejected the United States’ objection to admissibility based on Iran’s failure to exhaust local remedies. Under customary international law, a State that initiates an international claim on behalf of its nationals based on diplomatic protection must exhaust local remedies before the claim can be heard. This requirement is also considered satisfied when there are no local remedies providing the injured persons with a reasonable opportunity to obtain redress. In this case, the Court remarked that each time an Iranian entity sought to have federal statutory provisions set aside by U.S. courts because they were inconsistent with rights provided by the Treaty of Amity, the U.S. court routinely applied the federal law due to it being enacted after the Treaty. Because of this, the Court concluded that the Iranian entities “had no reasonable possibility of successfully asserting their rights in United States court proceedings” and rejected the United States’ challenge to admissibility based on a failure to exhaust local remedies. United States’ Defenses on the Merits The ICJ rejected three separate defenses invoked by the United States. First, it rejected the United States’ contention that Iran had committed an abuse of right by applying the Treaty of Amity to measures it considered to be unrelated to commerce. The Court next dismissed the United States’ defense that its Executive Order 13599, blocking the property of the Iranian government and related financial entities, fell into two carve outs of the Treaty: measures that regulate the production of or traffic in arms and measures that are necessary for a contracting party’s essential security interests. The Court disagreed that the Executive Order fell into either of these two exceptions. It found that the measures in the Executive Order only had an indirect impact on the production of and the traffic in arms by Iran. Additionally, the Court ruled that the Executive Order was not necessary to protect the United States’ essential security interests, noting that the justifications set out in the Executive Order itself were primarily financial rather than security considerations. Finally, the United States asked the Court to dismiss all claims brought by Iran under the Treaty of Amity on the grounds that Iran came to the Court with “unclean hands.” The Court noted it had never upheld that “clean hands” constitutes custom or general principle of law, and that it considers the doctrine with caution. The International Law Commission (ILC) in its Responsibility of States for Internationally Wrongful Acts also declined to consider “unclean hands” as grounds for a preclusion of wrongfulness, noting it has “been invoked principally in the context of the admissibility of claims before international courts and tribunals, though rarely applied.” Despite its hesitancy to apply the doctrine, the Court stated that even if it were to apply “clean hands” to the case, a nexus between the wrongful conduct imputed to Iran and its claims under the Treaty of Amity would be needed. The Court determined this necessary nexus was missing and rejected the United States’ “unclean hands” defense. Having rejected these defenses, the Court then turned to the merits of Iran’s specific claims. Alleged Violations of the Treaty of Amity Art. III, para. 1 and Art. IV, para. 1 Iran and the United States disagreed on the meaning of Art. III, para. 1, of the Treaty, which provided for Iranian and American companies to “have their juridical status recognized” within the territory of each contracting party. In its 2019 judgment on preliminary objections, the ICJ understood “juridical status” as a company’s own legal personality, sometimes existing as an entity distinct from its associated State. Article IV, para. 1, provides for fair and equitable treatment and prohibits the United States and Iran from taking “unreasonable or discriminatory measures” against each other’s nationals or companies. Iran contended that the United States disregarded the legal personality of Iranian companies within its territory and that the U.S. measures under Section 201(a) of TRIA, Section 1610(g) of the FSIA, and Executive Order 13599 were unreasonable. The Court noted that a measure is unreasonable under the Treaty of Amity when it does not pursue a legitimate public purpose, there is no appropriate relationship between the purpose pursued and measure adopted, or it is manifestly excessive in relation to the purpose. Although the U.S. measures at issue might have pursued a legitimate public purpose of providing effective remedies to plaintiffs awarded damages and the attachment and execution of a liable defendant’s assets is generally an appropriate relationship with that purpose, the Court found the legislative measures to be manifestly excessive. It noted that TRIA and the FSIA employed very broad terms, capable of encompassing any legal entity regardless of the degree or type of control exercised over them by Iran. The Court ruled that the United States unjustly “lifted the corporate veil,” disregarding the separate legal personality of Iranian companies in liability judgments rendered in cases where the companies could not participate and in relation to underlying facts the companies seemed to be uninvolved in. Additionally, the Court found Executive Order 13599 to be manifestly excessive in relation to the purpose of responding to Iran’s “sustained support of terrorist acts” because it applied in an overinclusive manner to “any Iranian financial institution.” Art. III, para. 2 On Iran’s claim that the United States violated the Treaty’s guarantee of “freedom of access to the courts” and “prompt and impartial justice,” the Court found no violation committed by the United States. Although the application of law by U.S. courts was unfavorable to the Iranian companies, the ICJ noted that the rights of Iranians companies to appear before U.S. court, make legal submissions, and lodge appeals were unimpeded. Art. IV, para. 2 By seizing and attaching the assets of Iranian companies, the Court found that the United States had committed an expropriation contrary to Article IV of the Treaty. The Court only found a violation here with respect to the United States’ measures taken under TRIA and the FSIA, but not those enacted by Executive Order 13599. The Court noted that a judicial decision attaching and executing property or interests in property does not per se constitute a taking or expropriation of that property. Instead, an element of illegality is required. After examining the various legislative, executive, and judicial acts taken by the United States and at issue in this case, the Court relied on its prior finding of unreasonableness to establish that the U.S. measures had not been a lawful exercise of regulatory powers and amounted to an expropriation without compensation. However, the Court dismissed Iran’s takings claims directed at Executive Order 13599 because Iran failed to identify affected property of Iranian companies specifically impacted by the executive order beyond Bank Markazi. Because the Court denied jurisdiction over claims related to Bank Markazi, the Court did not find the United States to have committed an unlawful expropriation with Executive Order 13599. On Iran’s claims that the United States failed to afford the most constant protection and security to Iranian companies as provided by Article IV, the Court stated that the United States’ obligation under the Treaty was to protect Iranian companies’ property from actual physical harm. During the proceedings, Iran asserted that the Treaty’s obligation extended beyond protection from physical harm to legal protection of property. The Court refused to extend the protection from physical harm afforded by Article IV, para. 2, to legal harm because of the overlap with the fair and equitable treatment provision in Article IV, para. 1, that would result from accepting Iran’s interpretation. Because the Court already determined that the U.S. measures violated fair and equitable treatment under Article IV, para. 1, it rejected Iran’s claims under Article IV, para. 2. The Court reasoned that paragraph 2 of Article IV was not intended to apply to situations covered by paragraph 1 of that article. Article V, para. 1 The ICJ ruled that the United States did not deprive Iranian companies the right to dispose of their property. Iran’s allegations were predicated on the same set of facts claimed in relation to Article IV, para. 2. The Court understood measures that amount to unlawful expropriation to fall outside the scope of Article V, para. 1. Because the United States’ measures were already deemed to amount to expropriation, the Court concluded that Iran had not established a violation by the United States of the right to dispose of property. Article VII, para. 1 Under the Treaty, the United States did not improperly apply restrictions on the making of payments, remittances, and other transfers of funds. The Court rejected Iran’s interpretation of this provision as imposing a blanket prohibition on any restriction on the movement of capital. Instead, the Court understood the provision to reflect Iran and the United States’ intent to regulate exchange restrictions to preserve bilateral commerce. As Iran did not allege the United States of applying exchange restrictions, the Court dismissed Iran’s claims. Article X, para. 1 Finally, the Court found that the United States had violated its obligations to provide “freedom of commerce” for the Iranian companies. In the Court’s view, “commerce” applies to ancillary activities related to traditional forms of commerce, such as trade in goods. As a result, the Court understood financial transactions, such as trade in intangible assets, to be commerce protected by Article X of the Treaty. To find a breach under this article, the Court was convinced that the United States’ measures were actual impediments to commerce. Because it comprehensively blocked property, Executive Order 13599 qualified as an actual impediment to any financial transaction conducted by Iran or Iranian financial institutions in the United States. Additionally, the attachment and execution of assets of Iranian State-owned companies under the FSIA was also considered to be an actual impediment to the performance of commercial activities by those entities. Finally, the application of both the FSIA and TRIA by U.S. courts was also considered to be a material interference with Iranian commerce within the United States. Remedies Iran requested that the ICJ, having identified certain violations of the Treaty, order the United States to cease conduct that violated its Treaty obligations. However, the Court, citing the ILC Articles on State Responsibility, noted that it could order a cessation of internationally wrongful acts “only if the violated obligation is still in force.” In 2018, the United States had terminated the Treaty by giving Iran advance notice of its withdrawal, and so the Court determined that the relevant obligations were no longer in force and it could not grant Iran’s request for an order of cessation. Finally, on the question of compensation for injury suffered, the Court recognized that the United States is obligated to compensate Iran for the violations it committed. If Iran and the United States are unable to come to an agreement on the amount within two years, the Court will determine the amount due in a subsequent phase of the proceedings. Conclusion Institutionally, a judgment leaving both parties claiming victory is an objectively positive outcome for the ICJ. However, it is unlikely that we have seen the last of this case. Leaving the two countries to reach an agreeable amount of compensation on their own might not inspire confidence given the looming presence of the challenging dynamics between the two countries. The largest share of assets claimed back by Iran were those associated with the Central Bank of Iran. This close to $1.75 billion dollars in assets tied to Iran’s central bank towers over the rest of assets involved in Iran’s successful allegations against the United States. Financially, the United States is off the hook for a significant amount of the assets in dispute. However, unfreezing millions of dollars in assets for Iranian use remains politically sensitive for the United States as Iran advances its nuclear program and faces international criticism for its harsh response to domestic protests sparked late last year. On the other hand, for a country that has sought to convey the wrongfulness of the United States’ sanctions regime against it, Iran was handed a political victory with an international court ruling that some of the United States’ measures were unlawful. The messaging games between the two countries will only continue with the ICJ’s opinion in this case.
Updated 29d ago
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Denominational switching:  People who move from one sect of Christianity to another  “spiritual supermarket syndrome” “pew hoppers” or “switchers” -> name calling - Growing trend in western world towards denominational switching - People no longer making lifelong commitments to one church but more likely to swap based on where they feel comfortable and are catered for o Contrast to historic patterns where individuals and families traditionally remained affiliated with one denomination for generations - Reflection of modern consumer society - Reason for increase: mobility o Growth in car ownership since 1945 makes it easier to travel to favoured church rather than local parish church - Main losers of switching are older, mainstream, traditional denominations o Lutherans, uniting church, presbyterian, Anglicans NOTE: number of Catholics switching is very low - Pentecostal churches -> reason for switch is charismatic leaders in Pentecostal churches preach with great authority and services include rock bands Interdenominational switching: - Pentecostal churches have been greatest beneficiaries of “switchers” due to: o Aggressive evgelization o Focus on personal salvation o “up-tempo” gospel services o Attractive services to under 40’s in particular o Less focus on social, ethical or moral issues o Personal following of preachers - Revolving door syndrome -> Pentecostal churches loose membership as fast as they are gained Who switches and why? - Under 40s less likely to view lifetime loyalty to particular type of church as important (15%), compared to 60+ (38%) - People with active Christian faiths more likely to switch to seek stronger Christian community and exclusively provided - Family breakdown was another factor -> children of divorce 64% more likely to cease identifying with family faith than those of non-divorced parents o Catholics 1.7x more likely to switch to a moderate protestant (methodist) denomination and 2.6x more likely to switch to conservative protestant (Baptist, evangelical) denomination Denominational dissatisfaction: - Most people who stop attending church regularly don’t stop attending completely -> they continue to be searchers - Found services to be boring - Looking for openness to different views of religious matters and broad approach to worship catering for different spiritualities - Former adherents baulk at ‘hard-line’ moral and ethical stances on contentious issues e.g. abortion Rise of new age religions:  Extremely diverse in nature with focus on fostering individual fulfillment in regard to happiness, health and meaning in life (individualism)  New age religions can be followed instead of traditional religious practices or can be practised alongside traditional religions - Popular bc traditional religions fail to resonate with modern people - New age religions have been growing since 1970s and now include: o Feng shui o Tarot cards o Astrology o Meditation o Scientology o Spiritualism o Philosophy - New age religions tend to reject monotheism, but may except polytheism, worship of nature (pantheism), goddesses, or monism (belief that everything is one) - New age religions often adopt elements of eastern religions, and may incorporate elements of numerology, astrology, yoga, tai chi, paganism and feng shui - Part of appeal is they provide freedom for adherents to pick and choose what they believe fulfills them in spiritual manner - From 1996-2001 140% growth in new age religions in census Reasons for growth include: - Disillusionment with traditional religion and traditional worship - Frustration with slowness of change - Desire for personal fulfillment - Desire to find new ways of seeking inner peace and health - Response to globalisation and de-centring of western ‘truths’ - Ease of travel - Lessening of commitment to traditional structures such as churches Links to religious traditions: - Trend towards new age religions introduced number of Hindu concepts into language and practice of many people who may not necessarily consider themselves religious - Practices include meditation, yoga and concepts such as reincarnation and karma Secularism:  Movement/concept which rejects religious belief or adherence  Belief that religion should not interfere with or be integrated into the public affairs of a society - Significant number of Australians are not religious, and number is still growing - Trend could be result of greater levels of technological and scientific knowledge + perseverance of many religions in antiquated and conservative attitudes - Some perceive to be hypocrisy that religions still try hold themselves to be moral authorities Promotes idea that society would be better off by not being controlled by religion for reasons including: - Pluralism: diversity of beliefs and cultures - Individualism, materialism and scepticism towards supernatural as result of scientific progress - Disillusionment with traditional religions Reasons for reduced membership of religious or attendance at church are varied but include: - Church practices that are boring or unfulfilling - Disagreement with church theology or stance on moral and social issues - Alternative practices that meet same needs as church e.g. social groups - No time for church - Personal dislike of religion - Technology and scientific advances that conflict with church Effects of secularism: - Loss of religious value - Lack of religious church practice e.g. civil marriages, non-religious funerals - Seeking alternative “religions” or “forms of spirituality” - Greater trust in science and belief in supernatural is contradictory to what many believe to be empirically true - Rise of new age religions which focus on personal satisfaction, self-help groups, happiness, mind and spirit exhibitions - Until 1973, australians only had two options for where + how they could get married (church or registry office) o Today 80%+ wedding ceremonies now performed by civil celebrants (up from 50% in 2021) Ecumenical movements within Christianity: - Increasingly secularised society - Involvement in issues of peace and social justice to renew relevance - Multifaith society requires ongoing dialogue with those who have different beliefs and practices - In australia today, relationships between Christian churches (ecumenism) and relations between various religious traditions (interfaith dialogue) are characterised by mutual tolerance and respect Ecumenism: - Movement among Christian churches to promote the restoration of unity among all Christians -> “collective movement” - Aims to bring branches (denominations) of church back to single community of faith or ‘body of Christ’ Sectarianism = Conflict between two groups of a particular faith - Sectarianism found in other countries is less vigorous in Australia Ecumenism is recent philosophical approach in life of church and australians have supported ecumenical ideas - Uniting Church in Australia - National Council of Churches - NSW Ecumenical Council Uniting church: - Formed 22nd June 1977 - Result of union of three individual churches o Congregational union of australia o Methodist church of australia o Presbyterian church of australia - “most significant ecumenical event in Australia’s history” (Francis Rush – Catholic Archbishop of Brisbane) - Particularly known for social justice approach and support for marginalised sections of society National council of churches in Australia: - Umbrella organisation bringing many of Australia’s churches together - Happens in both practical and organisational cooperation and discussion on faith-bade issues - Officially became NCCA in 1994 with inclusion of Catholic Church NSW Ecumenical Council: - Founded in 1982 - Encourages social justice and operates on an ecumenical level to achieve this - Central bond is that they’re all followers of Christ, so there’s unity amongst adherents o Rather than competing against each other, they come together in accordance with sense of Christian duty - Gives churches shared voice when following religious beliefs and undertakings - Involved in community projects such as helping settle refugees and providing accommodation to poor - Christmas Bowl initiative -> local church projects that aid people with needs - Local + international initiatives allow churches to have more significant impact o If they were separated there wouldn’t be as much impact - Domestic violence project -> raises awareness about how to respond to domestic violence and how to support survivors - Commission on middle east -> international initiative where member churches come together to advocate for Christians, minority groups and asylum seekers in Middle East Interfaith Dialogue:  Move to greater cooperation and harmony between people of different religious traditions  Involves positive communication and cooperation resulting from discussion between different faiths  Often involves discussing matters of societal + faith concern  Often led by ecumenical groups within a religion Example: NCCA (est. 1994) has ongoing dialogue with Australian Federation of Islamic Councils and Executive Council of Australian Jewry - Important to include all sectors of each religion “No World Peace without peace between the religions” Importance of interfaith dialogue: - Topics impact everyday Australian life - Discussing impacts of belief or behaviour reduces tension and misunderstanding - Some topics of community concern are important not only to religious community but also wider secular society of Australia and the world * Building understanding, goodwill and sense of community * Consider issues as a whole community * Encourages and allows individuals to learn about each other and different faiths * Encourages activities and projects of commonality within and between faiths * Importance for young people -> idealism and enthusiasm of youth Recent interfaith initiatives: 1991: Australian Council of Christians and Jews - Goal is to recognise common heritage and promote understanding 2004: The Columban Centre for Christian-Muslim Dialogue - Located in Turramurra -> focuses on dialogue between Christians and Muslims particularly among women 2007: one of largest groups to attend the Dalai Lama’s visit to Canberra was the Association for Studies of Religion Presently: as recognised by Cambridge text, the provision of Studies of Religion in the NSW HSC is, in itself, an example of interfaith dialogue 2023: last world parliament of religions in Chicago (where all faiths come together) Atomi Notes (need to fix): Current religious landscape in Australia: Christianity as major religious tradition: Immigration: - Most immigration from Britain 1945: migration brought Christianity into Australia (mainly Catholicism) - Was mainly impacted by new variety of ethnic backgrounds 1945-60: jews arrive from Europe 1960: drastic moves to restrict racial diversity in Australia 1973: white australia policy abandoned - Planned program for asian immigration 1975: asian immigration dramatically increased following Vietnam War - Australia accepted 120,000 refugees from Indochina Post 1975: spike in total Muslim population in Australia Denominational switching: People moving between sects of Christianity - Only comes from people who attend church - Source of information is from National Church Life Survey o Only 8% of people attend church - Christianity not further defined was biggest growing Christian response in 2016+2021 Rise of new age religions: Alternative spiritualities that aim to foster personal happiness, health and meaning in life - Popular bc traditional religions fail to resonate with modern people Mind, body, spirit festival -> Secularism: Belief religion should not interfere with or be integrated into public affairs of society - Promotes ideas that society would be better off by not being controlled by religion o Pluralism: diversity of beliefs and cultures o Individualism, materialism and scepticism towards supernatural as result of scientific progression o Disillusionment Ecumenism: • Impact of movements within australia (syllabus dot point) - Movement for dialogue and mutual understanding between Christian Churches o Response to immigration post 1945 National council of churches australia (NCCA): - Formed 1944 and consists of 18 member Churches across Australia - Runs programs o Act for peace o Safe church awareness o Australian churches refugee taskforce  Aims to apply Christian moral voice to suffering of refugees and asylum seekers  Gives combined Christian churches political voice in scheme of australia’s secularism  Combined power of churches means they have bigger impact on this social issue o Christmas bowl mission  Sends aid assistance to countries throughout Africa, asia, middle east and pacific NSW ecumenical council: - Formed 1982 with 18 member churches - Runs many initiatives o Domestic violence project  Allows church to have greater impact together rather than being separate o Commission on middle east  International initiative where member churches come together to advocate Christians, minority groups and asylum seekers in middle east How to answer a 5 marker: - Combine content with census data dot point - Always refer to stimulus explicitly o Look for dates, change in denomination, changed services offered 1) Intro -> Identify changes in australia’s religious landscape a. Denominational switching b. Immigration c. Secularisation 2) Explanation -> go through each change, referencing the syllabus Extra class notes: - Salvation army is a Christian denomination Examine the relationship between aboriginal spiritualities and religious traditions in the process of Reconciliation Reconciliation: - Process which changes relationship between individuals or groups for the better - Mainly used in Australia to describe way of improving relationships between Indigenous and non-Indigenous Australians - Involves acknowledgement of injustices of past and dispossession, willingness + commitment to rectify these wrongs where possible, to improve the position of Aboriginal peoples in the future Key events: 1991 -> Land rights movement Dec 10, 1992 -> Redfern speech (PM Paul Keating) May 28, 2000 -> Sorry Day Sydney Harbour Bridge walk - More than 250 000 people walked across bridge to press Federal Government to apologise Feb 13, 2008 -> Federal Government apology - PM Rudd apologised on behalf of the Parliament and Government of Australia for past injustices - Stated apology was to “Remove a stain from the soul of Australia” and “It was time for all Australians, to come together, truly reconcile and together build a truly great nation” Kanyani video notes: - Country is family for Indigenous people o They live in + amongst nature e.g. walking around in natural state, no houses (huts) and sleep under the stars on the earth o All animals living with them are family - Born from Mother Earth and supported by her o “she looks after us with meat, bush tucker as well as water” - Trained to look after ceremonies, land and each other -> main importance - Never take more than you need and don’t destroy to the level where it cannot produce again o Duty to the land and caring for it - Each person is given totem animals o Not allowed to ever kill that animal - Spirit, psyche, mental, physical are all connected with every form - Oneness + completeness of oneness for everything - Every inch of land + waterways is sacred Aboriginal Spirituality Dreaming: - Definition: The Dreaming is infinite and links the past with the present to determine the future. It encapsulates the stories of creation and life in Aboriginal culture. - The Dreaming is the central and deepest reality of the Aboriginal world. - It is the spiritual dimension of reality that has existed from the beginning and continues to be present in all aspects of life. o The Dreaming is inextricably linked with the land Characteristics and features of the Dreaming - Dreaming is experiences through songs, stories, rituals and symbols. - Dreaming establishes the lore linking the relationship between Aboriginal people, the land, and all things associated with Aboriginal life. - This is evident through: o Kinship structures of society o Rules and obligations for social behaviours o Ceremonies performed to maintain the life of the land. - Quote: “The Dreaming refers to all that is known and all that is understood. It is the way Aboriginal people explain life and how their world came to being.” – 2024 Aboriginal Art and Culture, Alice Springs Australia. Kinship: - Kinship systems define where a person fits into the community, binding people together in relationships of sharing and obligation to one another and the land. - Connection to Dreaming: o Kinship binds culture, Country, family and community together it is a way of being. o Kinship systems assign the responsibility to transmit the knowledge of the Dreaming from Elders to the younger generation - Quote: “All people with the same skin grouping as my mother’s… They have the right, the same as my mother, to watch over me, to control what I’m doing, to make sure I do the right thing. It’s an extended family thing… It’s a wonderful secure system.” – Wadjularbinna Doomadgee Gungalidda leader, Gulf of Carpentaria, 1996 Ceremonial life: - The spirituality of Aboriginal people comes from their belief and understanding of the Dreaming, and how this has been taught to them throughout generations. - Ceremonial life is an essential expression of the Dreaming, connecting individuals with their ancestors, the land, and each other. Connections between ceremonial life and the Dreaming (STAR) - Stories from the Dreaming describe Aboriginal law and lifestyle, teaching about the way of life - Totems represent the individual as they existed in the Dreaming and carry ceremonial responsibilities (the embodiment of each individual in their primordial state) - Art communicated the Dreaming and the multiple layers of meaning - Rituals form the Dreaming and is a way to relive activities of ancestor spirits Obligations to the land and people - In Aboriginal society, people do not own the land it is a part of them, and it is part of their duty to respect and look after Mother Earth - Land has significance for all First Nations people as the sacred places provide a sense of identity and connection - Relationships within kinship groups connect people to places and define their obligations to each other - The land is an important aspect of Dreaming stories, particularly those associated with the time of Creation. - Custodianship o Custodianship of the land is a sacred duty bestowed upon Aboriginal people by the Dreaming - Sacred Sites o Specific locations are considered sacred because of the physical manifestations of the Dreaming. o These sites require special care and are often the focus of rituals - Sustainability Practices o Dreaming stories often includes teachings on how to care for the land o Practices such as controlled burning and seasonal hunting aim to ensure the land remains healthy for future generations. Aboriginal people believe they are related to, and custodians of natural world - This relationship provides advantages of survival and life and also imposes responsibilities of preservation and education In the land, aboriginal people see evidence of Dreaming and creation Dreaming stories which describe ancestors or Creation are set in land and describe actual land where people live Aboriginal people believe the Dreaming ancestor became the land Aboriginal people describe themselves as being descendants of particular ancestral beings Therefore have continuous and living relationship with features of the land Inseparable from the land and so believe if they are removed from the land then they will die (spiritually not literally) Ceremonial life: - By performing ceremonies, the Dreaming and its giving power loves on through human beings and animals - Ceremonies highlight the connection to the Dreaming, the importance of land, and relationships between people - Examples: initiation ceremony, men’s law and women’s law, funeral ceremonies, celebration ceremonies Purpose of aboriginal ceremonies: Rites of passage Inform all of the new status of the individual e.g. initiations and funerals Information Transfer from elder to younger generation Changes the social custodians of history Personal Support personal friendships Support personal or group activities e.g. intertribal or totemic group trade or cultural meetings Spiritual Maintain the link and connect people with the spiritual world or the Dreaming Types of aboriginal ceremonies: Ceremony Description Initiation ceremony Teaches young people bout the law and the spiritual beliefs Allows them to take their place as an elder in the community Men’s law and women’s law Each tribe has gender-specific roles and ceremonies Respect for individuals and the whole family is shown by accepting men’s and women’s law Funeral ceremonies Rite of passage from the living world to the spirit world Activities can include sprinkling of water, smoking of (bark) coffin, flowers, memory celebration Restriction of naming deceased person Celebration ceremonies Celebrate the telling of a Dreaming story Dancing and artwork happy and joyous The cause of continuation of life itself Ceremonies have changed over recent time bc of the impact of external religious beliefs (mainly Christian) and other social factors which have removed young people from their land and tribal support In some cases aboriginal spiritual beliefs have combined with Christianity in a form of syncretism (syncretism = combing of; coming together of …) Removal from land, kinship, and community has meant important ceremonial connections are becoming less effective Corroboree indicates a ceremony driven by settlers’ vernacular however they took that from one of the aboriginal torres strait islander peoples words for rituals which is ?keraberre? These ceremonies often centre on retelling of Dreaming stories -> singing, dancing, music and mime -> often body of actor is decorated to represent a spirit he/she is portraying Activities for rite of passage -> testing of strength, revelation of knowledge, the removal of the child from the biological mother, seclusion (learn to live of the land), giving of new name/sacred object Burial ceremonies -> death is time where spirit leaves body and returns to ancestor spirits -> certain ceremonies are used to encourage spirit on its journey
Updated 39d ago
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K Final Study Guide K= Contracts SoF= Statute of Frauds I. Application of law: a. UCC applies to transactions in goods (movable, tangible, personal property) (pg. 134, 161,379) b. Common Law applies to all other contracts (service, land, lease of goods, etc.) (pg. 134-135) i. The Predominant Purpose Test: used to determine whether a K for both sale of goods and the rendition of services falls within the scope of Article 2 of the UCC. i.e. if a k is primarily for services, with the sale of goods being incidental, it will not fall within the scope of Article 2 of the UCC. (pg. 137) 1. Test: in determining the nature of the K, the Court will consider (1) the language of the K, (2) the nature of the business of the supplier, and (3) the intrinsic worth of the materials. (pg. 153) c. CISG generally applies when the parties to a contract have places of business in d ifferent countries that are signatories to the CISG. (pg. 12 and 146) II. Formation of a K a. What is a K? i. K: an agreement between two or more personas as to something that is to be done in the future by one or both of them. (pg. 2) ii. Types of K: 1. Option K: (pg. 254) an offer which (at least for some specified, or perhaps “reasonable,” time period) they could delay accepting without losing the power of acceptance, even if the offeror should attempt to revoke it in the meantime. Option K review (pg. 255-262) 2. Unilateral K: pg. 58, 267 b. Formation of a K requires:​ i. A bargain in which there is a manifestation of mutual assent to the exchange (offer and acceptance) and a consideration. (pf. 23) 1. Offer: a direct, complete proposal that a contract be entered into, providing for an exchange of defined performances. (pg. 34) a. Advertisements are not typically treated as offers, but merely as invitations to bargain. (pg. 118) i. Exception: * an advertisement can constitute an offer, and form a basis of a unilateral K, if it calls for performance of a specific act without further communication and leaves nothing for further negotiations. (pg. 118) b. Orders are considered as offers to purchase. (pg. 162) 2. Acceptance: an unequivocal and unqualified assent to the terms of the offer that is communicated to the offeror (pg. 45) a. Under the UCC: unless the offeror “unambiguously” indicates how acceptance should be made, an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances. (pg. 146) b. Under the UCC: acceptance will be considered a counter offer ONLY IF the acceptance is expressly made conditional on assent to the additional terms. (pg. 163) c. Under the UCC: Battle of the Forms- between merchants, where a definite and seasonable expression of acceptance or a written confirmation is sent within a reasonable time, it operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, UNLESS acceptance is expressly made conditional on assent to the additional or different terms. (pg. 171) i. *(pg. 171) Additional terms between merchants: become part of the uncontract UNLESS 1. the offer expressly limits acceptance to the term of the offer; 2. they materially alter the offer; or 3. notification of objection to them has already been given or is given within a reasonable time after notice of them is received. 3. Consideration: a. an offeree’s performance or another promise in exchange for the offeror’s promise/offer (pg. 46) b. a valuable consideration in the sense of the law may consist either in some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other. (pg. 90) c. Something which has been delivered before the promise is executed, and therefore, made without reference to it, cannot property be legal consideration (pg. 110) d. Appreciation of past services or pleasure afforded the offeror is not sufficient consideration, like love, respect, affection for another, desire to do justice, fear of trouble, desire to equalize the shares in an estate, to provide for a child, or regret for having advised an unfortunate investment will support a promise. (pg. 111) e. In ascertaining the presence of consideration, the courts will not “weigh” the consideration or insist on a “fair” or “even” exchange. (pg. 120-121) i. However, gross inadequacy of consideration may be relevant to the application of other doctrines, such as fraud, mistake, lack of capacity, duress, or undue influence. (pg. 122) f. Substitute to Consideration to enforce a K: i. Promissory estoppel: applies to promises that are otherwise unenforceable and is invoked to enforce the promises so as to avoid injustice (pg. 116, 219, 240, 276) ii. Elements for PE to be invoked: (pg. 239, 246) 1. A promise clear and unambiguous in its terms 2. A detrimental reliance on such promise by the person to whom the promise is made, 3. The reliance must be both reasonable and foreseeable; and 4. The party asserting the estoppel must be injured by his reliance/ AKA Injustice can be avoided only by enforcement of the promise. iii. A Promise which the promisor should reasonably expect to induce action or forbearance on the part of the promise or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. The remedy granted for breach may be limited as justice requires. (pg. 219) iv. In a PE analysis; the promise relied on by the promise need not be express by may be implied form a party’s conduct. (pg. 219) v. When someone makes a promise to make a gift: such a promise is ordinarily enforced by virtue of the promisee’s reliance only if promisee’s conduct is foreseeable and reasonable and involves a definite and substantial change of position which would not have occurred if the promise had not been made. (pg. 220) vi. Detrimental Reliance: the degree of detrimental reliance may be the most significant element in judicial determination that promissory estoppel should be invoked. (pg. 224) 4. No legal defenses or valid termination: a. Valid termination: i. Revocation of offer before acceptance by offeror – valid termination (pg. 258, 263) ii. Rejection- valid termination (pg. 261) 1. Mailbox rule: (pg. 38-39) iii. Counter-offer - valid termination (pg. 261) iv. Death- valid termination (pg. 261) b. Defenses to formation: i. Fraud – legal defense ii. Duress – legal defense iii. Mutual mistake – legal defense c. Defenses to enforcement of a K: i. Statute of frauds – Legal defense (pg. 139) III. Statute of Frauds: certain types of Ks to be in writing to be legally effective. (pg. 335) a. Common Law K that must be in writing (pg. 336) i. K of an executor or administrator to answer for a duty of his decedent ii. A K to answer for the duty of another / suretyship provision iii. K made up on consideration of marriage iv. K for sale of an interest in land v. K that is not to be performed within a year from the date the K is made b. UCC Ks that must be in writing (pg.336) i. K for the sale of goods for a price of $500 c. Elements to satisfy the statute of Frauds (pg. 336, i. Writing that specifies the K terms ii. Must be signed by the party against whom enforcement is sought, iii. The quantity of goods is specified, AND iv. No exception applies d. UCC Exceptions to the Statute of Frauds that can apply and if they apply, the K is kicked out of the SoF requirement (AKA the K won’t have to be in writing and can be oral so long as it still meets the basic K formation elements) i. Part Performance Exception: (pg. 350, 379) 1. where an oral K not enforceable under the SoF has been performed to such extent as to make it inequitable to deny effect thereto, equity may consider the K as removed from the operation of the SoF…(pg. 350) a. K involving Land: Unequivocally referable: (pg. 351)- i. when an outsider, knowing all of the circumstances of the case except for the claimed oral agreement, would naturally and reasonably conclude that a K existed regarding the land, of the same general nature as that alleged by the claimant. (pg. 351). The court will evaluate two factors in order to provide specific performance: 1. taking possession of the property 2. and making valuable permanent and substantial improvements to the property ii. Admissions Exception: (pg. 380) 1. If the party denies that he made a K but admits facts that in the court’s view establish that such a K was indeed made, the SoF defense will be lost (pg. 380) iii. Merchant/ Confirmation Exception (pg. 380-381): if the following elements are met, the SoF will not be a defense / AKA there will not need to be a K in writing. 1. Parties must be merchants a. Merchant: someone who regularly deals in goods of a kind or holds herself out as having particular skills or knowledge involved in a transaction 2. One merchant must send a written “confirmation of the K” within a reasonable period of time after the oral K was formed, 3. The confirmation must be received by the other merchant who must have reason to know its contents, AND 4. The receiving merchant FAILS to object within 10 days IV. Breach of K: pg. 9 a. A cause of action for breach of K must be established by pleading the following (pg. 95) i. Existence of a K, including its essential terms, ii. A breach of a duty imposed by the K, AND iii. Resultant damages b. If there is a breach, then the K does will not be enforced by the non-breaching party c. For the sale of goods: i. Purchaser of goods can reject non-conforming goods 1
Updated 51d ago
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To Kill a Mockingbird Ch 1 Make a note of how this chapter starts (with what story and about whom). With the story of how Jem broke his arm. Describe the town of Maycomb and Southern Towns in general (what kinds of customs are normal in the south)? What time period is this if there are “Hoover carts” (Lee 6)? The time of this story is set during the Great Depression of the 1930´s. Maycomb is old, run down, and slow. Women were supposed to act dainty and men were dressed up as well. A hoover cart was the horse and buggies used to get around town during the Great Depression. Explain how Atticus became a lawyer (is he any good), your first impressions of the relationship he has with his children, and the Finch family history. (How does Atticus stand out, and what is important about families in the south?) The Finch family was all farmers and slave owners which makes Atticus Finch stand out by becoming a lawyer to defend a black man. Atticus seems like a brave leader who is kind to defend justice for everyone. Describe Boo Radley, his house, and a little of his past and family. Are Jem’s descriptions of Boo accurate (Lee 16)? Why do Scout, Jem, and Dill want to make him “come out” (Lee 10)? He describes the house as old and sick just like Mr. Radley. The house seemed very still and didn’t move like no one lived there. They want him to come outside so they can see who he is and what he is like from the multiple rumors they’ve heard. Based on who Atticus hires to work in his house, infer what Atticus’s feelings are about African Americans. What is important about this perspective when considering the time period? During the time, the town seemed segregated between African Americans and white people. Hiring an African American in his home shows how Atticus sees Calpurnia as equal and doesn’t care about the way she looks based on society's assumptions. Ch 2 Explain the differences in opinion and understanding that Scout and Miss Caroline have. Give at least two examples and explain why those differences exist. Scout is more traditional and understands the people of Maycomb while Miss Caroline is stricter and follows newer ideas. For example, Miss Fisher teaches through her experiences of college from a different city while Scout follows her fathers reading techniques. In addition, Scout offers money to Walter for lunch while Miss Fisher disapproves of her donation because of Walter's reputation. This shows how Scout has a more empathetic personality while Miss Fisher wants to stick to rules and societal expectations. Explain the upbringing that Walter Cunningham comes from. Who is he? What does his family do? Why does Cunningham pay Atticus with an entailment and not money? The Cunninghams are hardworking farmers that are also very poor. When Scout gives him money, he denies it because the Cunninghams have a reputation for paying for what they need and not taking donations or pity. Atticus allows Mr. Cunningham to pay in nuts and other crops because he is too poor to pay in money. What is Miss Caroline’s tone at the end of Ch 2? Explain. Miss Caroline’s tone at the end of chapter 2 is frustrated and angry with Scout because of their opposing viewpoints in learning. She doesn’t approve of Scout’s smart reading habits with Atticus compared to her new and conventional ways of teaching. Ch 3 Explain the foil between Jem and Scout’s personalities at the beginning of Ch 3 (Lee 30-31). At the beginning of Chapter 3, it’s clear to tell that Jem is more mature than Scout. Scout is immature to take her frustration out on Walter while Jem is mature enough to invite him to dinner and feel him welcomed. Explain the different kinds of education Atticus possesses as evidenced by his profession and his conversation with Walter at lunch (Lee 32). Which do you think is more valuable? Explain Atticus talks to Walter about the crops and makes him feel at home. The author writes that Walter didn’t feel like Cunningham, which assumes that Atticus doesn’t go to judge people based on their reputations or societal expectations. This is valuable to Atticus’ profession because he is able to defend people based on their true actions and self without having any bias or assumptions based on their appearance or background. What lesson does Calpurnia attempt to teach Scout at lunch time? What does this tell you about Calpurnia’s role in the house? Calpurnia teaches the importance of manners and respecting company. She wants Scout to treat Walter with kindness and respect besides him being a cunningham. This shows Calpurnia is like a mother to Scout and Jem while trying to teach them valuable life lessons in order for them to have a positive attitude. Describe Burris Ewell and the kind of kid he is based on his interaction with Miss Caroline. The Ewells and Cunninghams are both very poor families; based on Burris and Walter’s differences, though, what can you assume about each family’s integrity? Burris Ewell is a mean and rotten kid that treats Miss Caroline with no respect. The Ewells are poor and rude but the Cunninghams are poor, hard working and kept to themselves. Why do the Ewells have a different set of rules than Scout? Explain what the differences are (Lee 40-41). Scout prioritizes school while the Ewells do not. Burris quit after the first day of school and never came back. On the other hand, while Scout was still upset, she still came back to school. This quote from Atticus is perhaps the most important in the entire book: ‘If you can learn a simple trick, Scout, you’ll get along a lot better with all kinds of folks. You never really understand a person until you consider things from his points of view--until you climb into his skin and walk around in it’ (Lee 39). Explain this quote and to whom Atticus hopes Scout will apply the lesson. Atticus wants her to not judge people based on what they look like or are expected of. This may apply to Scout’s perception of Boo Radley. Ch 4 Now that you’ve know Jem and Scout for a few days, describe their relationship as brother and sister. Think of the different ways they talk to each other and interact. Give at least two details to prove your opinion about them. Jem is very protective of Scout and he tries to teach her lessons to be mature as well. Jem shares his knowledge with Scout of the Radleys and Jem lets Scout stay back when they go to the Radley’s house. Who do you think is hiding gum and pennies in the tree. Why do you think he/she would be doing so? I think Boo Radley is hiding things in the tree because he wants to connect and give gifts to the kids in order to gain their trust and correct his false accusations. What game do the children play in Ch 4, and what are the two reasons Scout wants to quit playing it? They play the game Boo Radley. They pretend to be the Radley’s and act out the different rumors they’ve heard. Scout wants to stop playing because she thinks Atticus will get upset with her and she thinks the Radley’s will find out. Name: _______________________ Ch 5 Scout is starting to feel out of place with Dill and her brother, Jem in both Ch 4 and 5. Provide a quote that proves this idea. What does this tell you about her character, especially considering the time period of the novel? "Dill and Jem were simply going to peep in the window with the loose shutter to see if they could get a look at Boo Radley, and if I didn't want to go with them I could go straight home and keep my fat flopping mouth shut, that was all" this quote shows how Scout wants to stay out of trouble like other Southern woman at the time. Miss Maudie is a major character in the book; what is the APS for not introducing Miss Maudie until Ch 5? As Scout grows older, she begins to learn more. Miss Maudie is shown only later because she teaches Scout that the rumors aren’t all true about the Radley’s and learning this, Scout gradually learns more as the story progresses. Miss Maudie and Scout discuss the Radley family at length. What new information does Miss Maudie share that would encourage the reader to feel sorry for Boo? Which of Atticus’s lessons is Miss Maudie reiterating? Miss Maudie informs Scout that Mr. Radley was a foot washing baptist and that his strong religious beliefs may cause Arthur to stay inside to obey his father’s rules. Explain how the conversation and behavior on page 62 and 63 demonstrate Jem, Dill, and Scout’s innocence as children. Jem, Scoot and Dill’s conversation about Boo Radley shows their innocence and immaturity considering they’re scared of a man that they don’t even know and that they’ll listen to every rumor that they’ve heard. Ch 6 How does Jem lose his pants, and how does he get them back? Jem loses his pants while trespassing through the Radley’s house. He gets them back in the middle of the night by himself and he sees that they are sewn back together by somebody. (That somebody is Arthur Radley but he doesn’t really know that). What does the connotation of the word “fatal” tell us about Southern culture during this time (Lee 73)? The connotation of fatal represents the seriousness and grim reality of southern culture. There are many harsh social and racial division in the town. Why is Jem willing to risk being shot on page 75? Use a quote from 75 to prove your point. Jem is willing the risk of being shot because of his strong sense of pride and doesn’t want to let down Atticus so he goes to retrieve his pants. The quote, “Atticus ain’t ever whipped me since I can remember. I wanta keep it that way.” This shows how he doesn’t want to lose his respect from Atticus and dares to keep his strong reputation. Ch 7 What evidence is there that Scout is applying the moral lessons Atticus is teaching her? Atticus teaches them to see things from other people’s point of view. This is applied when Scout receives the gifts from Boo and she starts to realize that he is more kind and thoughtful compared to the rumors. Why does the author choose to put the conversation about Jem’s pants being sewn and folding on the same page with the conversation about the items being left in the tree? What does this relationship suggest (APS)? These two kind acts of Boo Radley goes to show just how much he is a Jesus Christ Figure by being kind to the kids and he is very protective and loyal. This character development shows the kids new understanding of Boo and that the rumors may not all be true. Immediately after the gray twine, what do Jem and Scout find in the tree, and what does this tell the reader about whom the items are being left for? Jem and Scout find two cravings of soap that represent two children. This gift shows how Boo has an affection and kindness to the kids and their friendship begins to grow. Describe the quality of the items left in the tree and what this suggests about the secret admirer’s purpose in leaving them. The gifts include gum, ball of twines, 2 special pennies, spelling bee medal, a pocket watch and two soap carvings. These all represent the general thoughtfulness and generosity of Boo and the trust that he gives to the kids. After the children talk to both Mr. Radley and Atticus, what can the reader infer about the hole being plugged up? The plugged up tree represents Mr. radley’s continued mistreatment of Boo and also his loneliness and isolation for the real world. He is unable to make further connections with the kids. What does Jem understand at the end of Ch 7--which leads to him crying--that Scout does not understand? Jem makes connections and alludes to the idea that Boo Radley was the one putting gifts in the tree and fixing the pants. Jem has empathy for Boo and his loneliness and isolation that he suffers. Is he a good father ? YES NO Atticus Teaches his kids many lessons He is honest and respects Teaches Scout many different lessons and helps her reading. - - Dad from “Distillation” He may subject his kids to hatred from the town. Neglects social norms for kids to “fit in” - - Atticus - - - Dad from “Distillation” - - - Ch 8 It hasn’t snowed since 1885. What is the APS for having snow in Ch 8? Foreshadows change to come in Maycomb. Sybolizes new opportunity for Jem and Scout since they never experienced snow. Explain the foil of the children and Miss Maudie’s reactions to the snow. The Children are more excited for the snow to come while Miss Maudie is concerned and worried about its danger to her flowers and garden. How does Harper Lee attempt to lighten the mood for her readers in contrast with what is happening to Miss Maudie in this chapter (APS)? Give two examples. Despite the sadness of Miss Maudie losing her home, her witty remarks like saying she always wanted a smaller house and already planning for her future brings light to the dark situation. The behavior and words Atticus and Jem use in this chapter provide some detailed characterization. Provide two indirect characterizations about Atticus and two about Jem. Atticus is wise and protective. He is also thoughtful and an effective parent. He shows concern for Boo. Jem is maturing and developing more empathy when offering Miss Maudie help and he is protective of others feelings. He has concerns for Boo’s privacy and any of his potential consequences. What risk does Boo take during the fire, and why does he take that risk? Boo takes the risk of leaving his own house, drawing attention to himself and getting in trouble with Mr. Radley when he goes to put a blanket over Scout because he cares about the kids and wants to protect them. Give indirect characterization for Miss Maudie at the end of Ch 8. Miss Maudie is resilient and focuses on positive things even when her house has just burned down. Miss Maudie is humorous when she makes witty comments. Ch 9 Why does Scout get in a fight with Cecil Jacobs? Scout fights Cecil because he insults Atticus. Cecil Jacob makes fun of Atticus because Atticus is defending a black man. What evidence is there that Scout is good at arguing? Use a quote from page 99-100 or 113-114. The quote “Then why-” on pages 99-100 shows how Scout wants to challenge Atticus on his decisions. This shows how Scout is good at arguing with her curious mind and interest in complex issues. Why does Atticus agree to defend Tom, and how does this add to the reader’s understanding of moral education? Atticus agrees to defend Tom because of his own personal values. He wants to keep equality and justice for all, regardless of race. Defending him will prove this to the town. What is Scout’s tone toward Aunt Alexandra and that branch of the family tree? Provide a quote to support your answer. “Somewhere, I had received the impression that Fine Folks were people who did the best they could with the sense they had, but Aunt Alexandra was of the opinion, obliquely expressed, that the longer a family had been squatting on one patch of land the finer it was." This quote shows how Scout thinks Aunt Alexandra has a very traditional mindset and wants to maintain her reputation and family name like everyone else at the time. Explain how Aunt Alexandra and Uncle Jack differ from Atticus. Provide a quote for each character. Aunt Alexandra and Uncle jack are more focused on their social status and class while Atticus focuses on moral principles rather than his social status. There is a lot in this chapter about Atticus as a father. Provide two examples of indirect characterization for Atticus as a father using quotes. "When a child asks you something, answer him, for goodness' sake. But don't make a production of it. Children are children, but they can spot an evasion quicker than adults, and evasion simply muddles 'em." This shows how Atticus respects the kids and shows his general respect for all people. "But I never figured out how Atticus knew I was listening, and it was not until many years later that I realized he wanted me to hear every word he said." This quote shows how Atticus has a deep care for the kids and wants to hear out for what they have to say. What occurs between Jack and Scout? Is it appropriate? Why or why not? Jack punishes Scout for fighting with Francis without hearing her side of the story. This is inappropriate because it goes against her own father’s morals and doesn’t allow for Scout to be heard. What is ‘“in store for her these next few months’”? Increased racial tensions, potential harassment, and exposure to racist language and opinions. Explain the court case between Tom Robinson and the Ewells. How did it come to Atticus that he is Tom’s lawyer? Tom is accused of raping Mayella. Atticus was appointed by the court to defend him and Atticus willingly takes it. What is ‘“Maycomb’s usual disease’”? Racism and prejudice. Ch 10 On page 119, Atticus tells Scout ‘Shoot all the bluejays you want, if you can hit'em, but remember it’s a sin to kill a mockingbird’ (Lee 119). What is Miss Maudie’s explanation about Atticus's comment. Miss Maudie emphasizes the innocence and harmlessness of the birds. Explain the incident with Tim Johnson, the rabid dog. Make sure to include Atticus’s role with the rabid dog and how Jem is impacted by this event. A rabid dog raises danger in Maycomb. Heck Tate is too scared to shoot the dog so Atticus shoots it for him. This makes Jem learn how Atticus is a brave hero and he gains more respect for him. Ch 11 The kids have been insulted by others before; why is the comment Mrs. Dubose makes the one that Jem loses control over? Mrs. Dubose says, "Your father's no better than the [black people] and trash he works for!" Do you agree or disagree with Jem’s punishment? Explain why. I agree with Jem’s punishment because in the end it eventually helps Mrs. Dubose heals from her morphine addiction. This punishment teaches Jem to care for people who may think differently than him. What lesson is Atticus trying to teach Scout on page 139-140? What might this foreshadow? Atticus teaches Scout the importance of empathy and understanding. He teaches her to look at others from their point of view and take thought of their backgrounds and situations. Give 2 examples of connotation from page 142 and explain them. “Old hell-devil” carries a negative connotation to Mrs. Dubose’s personality. This shows how Scout and Jem don’t like Mrs. Dubose. “Bravest person” is used as a positive connotation to describe Atticus’s point of view on Mrs. Maudie and he has empathy for her struggles and appreciates her willingness to battle and get away from her troubles. What is the description of Mrs. Dubose? What is your mood when reading it? Mrs. Dubose is seen as sick, mean and racist. The descriptions of her drools and gross sickness makes me cringe alongside her racist comments and hate towards the kids. This makes me have little to no empathy for Mrs. Dubose even when Atticus does. What is Scout’s tone throughout chapter 11? Throughout chapter 11, Scout is constantly anxious and fearful with Mrs. Dubose’s unpredictable behavior. She is also frustrated that she has to care for his racist remarks as punishment. At the end of the chapter, the reader understands why the kids read to her. Explain why, what happened to Mrs. Dubose at the end, and Jem’s reaction to it. At the end, Mrs. Dubose dies after a long morphine addiction. Jem is frustrated because he didn’t like her but the flower Mrs. Dubose gives symbolizes the respect she had for Jem. PART TWO Ch 12 Describe the changes Jem is experiencing in chapter 12. What can account for these changes? He is growing and becoming more mature by taking some control over protecting Scout. He spends less time with Scout and even tells her to act more like a lady which may come from Aunt Alexandra’s beliefs rubbing off onto him. Why is Calpurnia fussing over the kids before church, and what is Calpurnia worried about? Calpurnia is protective over the kids and concerned for them. She is aware of the racial tensions in Maycomb and bringing the children to a black church would bring negative reactions. She wants Jem and Scout to act appropriately to not cause any problems. Discuss Calpurnia’s dialect change (how she talks), and how does she explain it? Calpurnia’s two different dialects show how she is in 2 different universes and she must live with them in separation. Discuss how First Purchase is different from Scout and Jem’s church. Give at least 3 ways it is different. The first purchase church is different in the ideas that it is less furnished, different worship style and strong community connections. What is the Tom Robinson case about that Atticus is trying to win? Atticus wants to prove that Tom Robinson is innocent. He wants justice and equality for Tom. List at least three things the children learn about Calpurnia that day. The kids learn that Calpurnia seems to have two different identities, she has a deep connection with the community at church and that Calpurnia taught her son Zeebo to read. Ch 13 Who has come to live with Finch family, whose idea was it, and why is she there? Aunt Alexandra thought it was a good idea for her to come live with the Finch’s while Atticus is on trail. She wants to teach the kids lessons and promote feminine influence on scout. What is the tone concerning this visitor? Explain your answer using a quote. "Put my bag in the front bedroom, Calpurnia," was the first thing Aunt Alexandra said. "Jean Louise, stop scratching your head," was the second thing she said. These quotes show how she is very strict, racist and bossy to the people that welcome her into their house. Explain the double meaning behind this phrase by Atticus, “‘I can’t stay here all day with you, and the summer’s going to be a hot one.’” This quote describes the rising tension in Maycomb as well as Jem and Scouts growing maturity as they grow older and need to become more independent. How is Aunt Alexandra received by the town? Give a quote to support your answer. "Aunt Alexandra gets a warm welcome into Maycomb from everyone in the neighborhood; people make her cakes, she goes on coffee excursions with them, and has already established herself as a fixture of the town's social society". Aunt Alexandra is already accepted into their society and gets along well with all the southern women that gossip. Characterize Aunt Alexandra. Aunt Alexandra is racist, feminine, likes to gossip, has strong family reputations and is very bossy. Atticus, Jem, and Scout oppose Aunt Alexandra’s idea of heredity. Explain how all three of them think differently than she does. Remember how important ancestry is in the South (and even how important it was at the beginning of the book when we were introduced to Maycomb). While Atticus, Jem and Scout believe they can live in a different universe than everyone else and sees people for who they are, Aunt Alexandra believes in strong family reputations and believe their background goes with how they are expected to act and be received in society. What does Aunt Alexandra think of how Atticus is raising Jem and Scout? Aunt Alexandra is bossier than Atticus. Atticus lets the kids explore and think freely while Aunt Alexandra wants them to conform to society's expectations and grow up to be what she wants them to be. What is Atticus trying to get across to Jem and Scout at the end of the chapter, and what evidence is there that he doesn’t believe the point he is trying to make? Atticus tries to teach the kids of determination and courage. Though Atticus takes a case on a black an, he is determined in winning and defending him even when the whole town may be against him. If Aunt Alexandra fits in with Maycomb better than Atticus, could her positive connection influence the case? Explain your opinion. Aunt Alexandra's social standings in Maycomb’s society may be helpful for her to influence or sway opinions for them to side with Tom Robinson. Ch 14 Does Scout know what rape is? In your opinion, does Atticus tell her? Explain your answer. "carnal knowledge of a female by force and without consent" is what Atticus tells scout when she doesn’t know what rape is. Although Scout is curious, Atticus know that he wants her to protect her innocence and keep the information appropriate. In the beginning of chapter 14, Atticus and Aunt Alexandra have a disagreement. Explain the two things they disagreed about, and how it ended. What do you learn from this discussion regarding the difference in beliefs between Atticus and Aunt Alexandra? They argue about Cal’s role in the family and whether she should leave or not. They also argue about the children's exposure to racial issues, whether Atticus is sharing too much or not. They differ from beliefs or racial equality and social norms of different universes. Has the relationship between Jem and Scout changed or not since the beginning of the story? Explain your answer. While Jem is still very protective of Scout, Jem and Scout start to distance themselves from each other because Jem is growing more mature than her. Jem going through puberty, he becomes more moody and responsible for his actions. He doesn’t want to play childish games with Scout anymore. Explain the reason Dill gives for running away, and then explain why he really left. How is the relationship Jem and Scout have with Atticus and Calpurnia different than Dill’s experience? Dill claims his stepfather locked him in a basement but he later confesses that he felt neglected and unloved by his mother and stepfather. Jem and Scout seem to have more care from Atticus and Cal than does Dill with his parents. What seems to separate Jem from Dill and Scout? (Jem “broke the remaining code of our childhood” (Lee 187-188). Jem seemed to grow more mature and responsible. Jem tells Atticus about Dill running away because he feels it his responsibility to. His morals start to grow as he decides to do what is right. Explain Atticus’s reaction when he finds out Dill is in his house. Is it good parenting? Explain your answer. Atticus allows Dill to stay and makes him feel comfortable. This shows Atticus’ empathy for Dill and need to protect people, making them feel safe. Ch 15 Who shows up at their house Saturday night, and what is the point of their visit (what are they worried about)? A group of the police and Sheriff Heck Tate show up to let know Atticus that they are bringing Tom into the jail in town and that there will grow more tension in town including the mob that comes to the jail. The men are concerned and want to help Atticus with protecting Tom. What evidence is there that Atticus’s opinion is different than even these “good” guys? Atticus is committed to defending Tom and defending the truth. His opinions also show is empathy for tom. What does Scout notice in town that indicates tension is building? There are a few examples; give one. Scout notices the mob around the building like a gala occasion. She notices how there is growing tension in the town and their prejudiced attitudes. Why is Atticus sitting in front of the jail? To protect Tom Robinson from the mobs of society. Describe the events with the mob the night before the trial. What are the mob’s goals? Who stopped them from happening? Make a connection and write a quote on your theme sheet. Mr. Cunningham, the Ewells, old sarum (white trash neighborhood) all meet by the jail in the motives to either kill Tom or Atticus. Scout talks to Mr. Cunningham about what he is interested in and talks about Walter. She says, “We brought him home for dinner one time.” Which shows the communion and trust that she brings to people that she may not get along with. She wants to gain the mobs trust as well instead of fighting. What evidence is there that Scout is maturing? While talking to Mr. Cunningham uses Atticus’ lesson of talking to people about what they were interested in, not about what you were interested in. Ch 16 In the morning, the Finch family has different reactions to last night’s events. Explain the tone of at least three characters. Scout was very upset about the night before and started crying. Aunt Alexandra was disappointed with the kids for sneaking out at night. Atticus is concerned for the kids and worried that the mob could’ve caused danger to them last night. Provide one sentence that has negative connotation and one sentence that has positive connotation both cited correctly in the space below. Underline the connotative words. “...the night’s events hit me and I began crying.” Shows a negative connotation and impacts of the town’s racism on an innocent and free mind. “Jem was awfully nice about it…” Shows that Jem is always by her side and wants to help protect her. How does Atticus explain Mr. Cunningham and the others’ behavior to Scout, so she can understand it? How does Atticus feel toward these men? Explain your answer. Atticus explains to the children that they are still human and it doesn't change the fact if they're in a mob or not. Atticus puts himself in others' shoes in order to understand how they feel. He shows empathy for others who don’t agree with him. Why does the night’s events provide Atticus with some hope about the trial? After the mobs, Atticus sees that people like Mr. Cunningham is a good person with blind spots and gives him hope to change others' minds in order for them to see reason and fairness for Tom. Why does Harper Lee have Jem describe all the neighbors to Dill as they pass by the house? (What is her APS for doing this)? Jem describes all the neighbors to Dill in order to show around the setting of Maycomb and reveal social dynamics in the town of different social status families. Who is Dolphus Raymond and what is his story? Provide at least two details. Wealthy white man in Maycomb from an old and respected family. He pretends to drink alcohol from a brown paper bag but it’s just coca-cola. His fiancee committed suicide after discovering he was having an affair with a black woman. He chooses to live with the black people and has biracial children. Page 213 is lighthearted with jokes toward the “foot washers” and Miss Stephanie. What would be the APS for these jokes at this point in the story? The joke at the end of the store provides tension relief despite the serious mobs. It shows Miss Stephanie’s humor as well. Explain how citizens of Maycomb think of “mixed children” according to Jem. Since this is a case between a black man and a white man, what is important to remember about race during this time period before the case starts? The citizens of Maycomb think of mixed children as social outcasts which shows the society's racist beliefs and bias. We are reminded again--for the third time--that Atticus was assigned to defend Tom Robinson. We knew this, but Scout didn’t. Why didn’t Atticus tell Scout and Jem this important fact? By taking this case, Atticus is showing the importance of standing up for what is right. He hopes to share these lessons to his kids in hopes they will learn good morals. Who do Jem and Scout sit with in the courtroom, and what is significant about this? Jem and Scout sit with Reverend Sykes on the colored balcony. This shows how the kids have learned some good morals from Atticus. The kids are showing not much racial prejudice the way Atticus wants it to be. Describe Judge Taylor and make a guess as to what kind of judge he will be for this case. Judge Taylor is older, sleepy, attentive, focuses on the facts, smokes cigars. He believes in equality much like Atticus. He appoints Atticus and delays the trail in order to give Tom a fair chance. There’s not much the judge can do about the jury’s opposing opinions. Ch 17 Mr. Heck Tate tells the court about Mayella Ewell’s injuries. What other point does Atticus try to make? What is his goal in pointing out this fact? Heck Tate points out that the injuries are on her right side of her face which suggests the attacker was left handed. Tom Robinson is disabled in his left hand. The Ewell family is what we would call “white trash” today. Describe how the Ewells live and eat as described on page 228. The Ewells live behind the garbage dump in a cabin. The family eats from the town dump daily. They hunt and trap out of season to supplement their little food supply. Draw the foil below between the Ewell house and the African American neighborhoods described on pages 228 and 229. Ewell house African American houses Behind a garbage dump Roof made from tin cans Yard is like the playhouse of an insane child Past the dump yard Neat and snug cabins Delicious smells of cooking Reflects pride beside poverty Review your answers for numbers 95 and 96. Why are the Ewells “better”? The Ewells are depicted as better to society because of the universe that they are in. They are white and they are racist just like the majority of Maycomb which makes them gain the support of others in town. Atticus tries to bring up the fact that nobody called a doctor. What is Atticus trying to say about Mr. Ewell if he didn’t call a doctor and Mayella was beaten up? That Mr. Ewell doesn’t care for Mayella. He’s not concerned for her. The injuries may not be as severe as she claims. What point is Atticus trying to make if Bob Ewell is left-handed, and Mayella was beaten on the right side of her face? Atticus is trying to prove that Bob Ewell beat up Mayella . Ch 18 Characterize Mayella. Give at least three details. Mayella is 19, the oldest of 7 siblings. She is lonely and isolated. She is a victim of poverty and ignorance. Summarize Mayella’s account of the rape. Mayella claims Tom came to chop up the wood and Mayella was going to pay him. She says Tom choked her and she ended up on the floor. Why does Atticus ask Mayella several questions she already went over and pretend to have forgotten her answers? (What is the play he is trying to make?) Atticus is trying to expose Mayella’s inconsistent answers and make her uncomfortable enough to confess the truth. What are readers (and the courtroom) able to determine about Mayella’s homelife? Give at least three details. She is very poor and lives in a run down house, she is very lonely and doesn’t have many people to talk to. She seems to take on a caretaking role in her family, being the oldest in the house with 7 kids and her mother dead, she has to take care of all her siblings. Why does Atticus make such a big deal about Tom beating, choking, and raping Mayella before having him stand up? What point is he trying to make? Atticus makes this point to emphasize Tom’s physical incapability that makes it hard for him to actually beat up Mayella. His damaged arm from the cotton gin leaves him with a left hand that is not able to function properly. What are the flaws in Mayella (and Mr. Ewell’s) testimony if Tom really was the man to beat, choke, and rape Mayella? In other words, why don’t their facts fit with Tom being the one to do it? Give at least two reasons. Mayella gives an inconsistent testimony saying she doesn’t remember if Tom hit her then changes her mind to say that he did. Mayella claims she screamed but none of her siblings heard her. Tom’s testimony claims that Mayella invited him in and tried to seduce him. Additionally during the trail, Mr. Ewell looks at Mayella repeatedly for signs of approval. Which questions does Mayella not have answers for on the bottom on page 250? Why? What point is Atticus trying to make? Mayella doesn’t have answers to why the other children didn’t hear her screams, where the other children were and if they were at the dump. Ch 19 Why does Atticus let Tom admit he has been in trouble with the law before? Admitting Tom has been in trouble with the law before proves Tom’s honesty and willingness to tell the truth. This lets Tom become an open book for the judges and jury to help deepen their understanding of Tom. In what important ways does Tom’s testimony of what he was doing, when he was doing it, and how often he was doing it stand in direct opposition--exact opposite--to Mayella’s? Give three examples. Mayella says that Tom has only visited once while Tom says he has visited numerous times. Mayella says that Tom chopped the chiffarobe on the same day as the assault but Tom says he had chopped up the chiffarobe the previous spring. Lastly, Mayella says she promised Tom a nickel while Tom says she offered him half a nickel that he refused. Describe Scout’s tone toward Mayella on page 256-257, and explain the comparison she makes? Scout realizes Mayella must be very lonely and sad. She thinks that Tom must have been the only person that has ever shown her kindness. Scout is empathetic towards Mayella and this emotion and shows her growing maturity and the ability for her to step inside others shoes. Describe Scout’s tone regarding Tom’s testimony. Scout is empathetic towards Tom and realizes that he is an innocent man. She is realizing the injustice that Maycomb has. When Tom Robinson takes the stand, what is his defense for being on the Ewell’s property to begin with? Explain both his and Mayella’s behavior while he is present on the property. Tom says that he passes the Ewells house on the way to and from work. Mayella asks him for help around the house. On the day of the alleged incident, Mayella had asked him to come inside to fix a door even though there was no door to be fixed. What is the “predicament” that Scout mentions on 261? (We would call this a “double edged sword” or “damned if you do; damned if you don’t.”) Scout mentions Tom’s impossible situation with Mayella. She realizes if Tom physically hurt mayella to defend himself or escape her advances, he would have been killed for the assault of a white woman. If he would have run away instead, he would have appeared guilty and accused of rape. No matter what he does, the outcome would have been negative due to racial prejudices. After listening to both sides of the Tom Robinson’s case, write down the strengths of each lawyer’s arguments (do at least three each): Atticus’s Arguments Mr. Gilmore’s Arguments -He exposes the inconsistencies -Highlights physical evidence and Tom’s impossible actions -He presents an alternative explanation that Bob Ewell would have hurt Mayella -emphasizes toms physical strengths and ability to perform manual labor -Brings up past convictions of Tom’s record. -Use of racial prejudices that agree with the jurys belief as well as the rest of Maycomb. Why do Scout and Dill have to leave the courtroom? What does Dill understand that Scout does not? Scout and Dill have to leave because Dill begins to cry loudly during Mr. Gilmer’s cross-examination of Tom. Dill is upset from Mr. Gilmer’s hate, he notices the disrespect that Mr. Gilmer gives Tom by calling him “boy”. Dill knows Mr. Gilmer will sway the jury. Ch 20 What does Mr. Dolphus Raymond reveal about himself to Scout and Dill? Explain the reasoning behind his revelation. Mr. Dolphus reveals to him that he is not actually alcoholic and he just drinks coca-cola. Why does Mr. Dolphus Raymond think Dill is crying but that in a few years he won’t cry any more? What does Scout have to say on the topic? Mr. Dolphus suggests his instincts have caught up as he gets older. He’ll become desensitized to the racial discrimination. When Scout and Dill return to the courtroom what information does Jem greet them with? Jem lets them know that Atticus has begun his closing remarks. That Atticus has gone over the evidence and that he believes Atticus will win the case. During his closing argument, there are several “firsts” that Atticus does which shock Jem and Scout. List at least 2 and explain why he does them. Atticus removes his coat and unbuttons his collar and vest. He does this to demonstrate the immense pressure he is under. Additionally, Atticus begins to sweat which he usually doesn’t do. This shows the emotional toll the trial takes on Atticus. Quote the part of Atticus’s closing statement that affected you the most and explain why. "In our courts, all men are created equal. I'm no idealist to believe firmly in the integrity of our courts and of our jury system. That's no ideal to me. That is a living, working reality!" This quote emphasizes Atticus’s strong beliefs in justice and equality. Ch 21 How does Atticus find out the children are present at the trial? What does he demand they do when he finds out? Atticus sees the kids sitting in the colored balcony when he turns to leave after his closing statement. He tells them they might as well stay since they already have heard all of the court case so far. What is Jem’s opinion on what he thinks the verdict will be and why? Jem believes that Tom is innocent. Jem is immature to realize that the jury will make Tom innocent as well. Jem trusts Atticus in defending Tom as well. There is a flashback to the shooting of the dog in this chapter. Explain the APS for Harper Lee inserting it while they’re waiting for the verdict (what’s the comparison she’s trying to make for us). The scene of Atticus shooting the dog and now defending Tom Robinson parallels the idea that Atticus is a hero to the town and is able to defend the innocent people of Maycomb. What was the verdict? Who was caught off guard by it? Why? The verdict states that Tom is guilty from an all white jury. Jem was caught off guard because he knew Tom was innocent. Why is the balcony standing when Atticus leaves? The balcony, which is full of African Americans, were required to sit but with the guilty verdict they stood up for Atticus’s commitment to justice for Tom which was rare for a white man. It symbolizes their appreciation for him. Ch 22 It can be argued that one of the children loses his/her innocence at this point in the story. Describe whose loss of Innocence occurs at the end of Ch. 21 and beginning of Ch. 22. Jem loses his innocence at the end of the chapter from the loss of faith in people and determining what is justice. He realizes how people can have racist prejudice. Atticus says, “‘Tell them I’m very grateful,’ he said. ‘Tell them -tell them they must never do this again.’” Explain the context of the quote/why is he saying it? Atticus says this in the response to the gifts of food left by the African Americans. This shows their appreciation for him and the fact that they trust him.He is also concerned for their welfare as well saying he knows times are hard. Describe Miss Maudie’s interactions with the Finch children. Why is she talking with them and caring for them? Summarize what points she is trying to make and what progress she thinks is being made. She invites the kids over to have cake with her. She provides comfort and support for them after the trials. She recognizes Jem’s maturity and helps the children understand the world from a mature perspective. Miss Maudie states that Judge Taylor was one of the people in the town that helped Tom Robinson. Explain why she thinks this. Judge Taylor selected Atticus, knowing he would be the best defender. When judge taylor is usually informal, he was very strict in this case trying to give Tom a fair trial. What is the danger at the end of chapter 22? The danger comes from Bob’s threat against Atticus and his family. Bob spits at Atticus at the post office and says he’ll get him if it takes the rest of his life. Ch 23 129. Describe what happened between Mr. Ewell and Atticus and how Atticus uses it as another opportunity to impress upon the kids his lesson of standing in someone else’s shoes? Bob curses and spits on Atticus. Atticus remains calm because he looks at Bob’s point of view knowing he exposed his lies in court and accused him of beating his daughter. 130. Should Atticus, Aunt Alexandra ,and the children be afraid? Why or why not? Atticus says they shouldn’t be afraid because Bob got it all out of his system but Aunt Alexandra says the children should be protected. 131. What is the status of Tom Robinson’s case in chapter 23, and what is Atticus’s plan moving forward? Tom has been transferred to another prison in another county. An appeal process in underway for Tom’s case. Atticus plans to appeal through the court system. 132. Describe the jury as Atticus sees it (both its pros and cons/the way it works). Why did this jury find Tom guilty, and what are some important details regarding at least one important member of the jury including this quote from Atticus: ‘This may be the shadow of a beginning’ (Lee 297). The jury took a long time to reach a conclusion which may be the beginning of something new in the court but they still are affected by the racial prejudices in society. 133. Write the quote describing Atticus’s lesson regarding cheating a black man. "As you grow older, you'll see white men cheat black men every day of your life, but let me tell you something and don't you forget it - whenever a white man does that to a black man, no matter who he is, how rich he is, or how fine a family he comes from, that white man is trash." 134. What is the difference between Aunt Alexandra’s and Atticus’s viewpoint on family that is undesirable? Aunt Alexandra emphasizes family heritage and social status as defining characteristics while Atticus values individual character and actions. 135. Why does Scout think there are different kinds of people in the world; explain her reasoning. Also explain Jem’s explanation for why Boo Radley never comes out of his house? Scout is maturing and realizing there are different types of people in this world. Jem thinks that Boo may simply prefer the safety of his own home instead of the outside world. Ch 24 136. The ladies are having a church-like meeting with Aunt Alexandra. One of the items up for discussion is the Mrunas, an “unfortunate” tribe of people in another country living in ‘poverty….darkness...sin and squalor’ who need the help of the church and Mr. Everett to help them. Scout thinks Mrs. Merriweather is the most devout/holy person in Maycomb. Prove Scout wrong; show the irony of Mrs. Merriweather and most of the ladies at this Bible study. (Pages 308-310) Mrs. Merriweather’s apparent devotion is ironic because of her hypocrisy. She has selected compassion and shows little empathy for African Americans in her community. She has racist ideals and fails to practice the kindness of christ. 137. Give an example of the ugliness of the time period and beliefs of these Southern “ladies” in regards to the Black families that live nearby and even work for them in their kitchens. The ladies during the time have poor treatment towards black families and though they are supposed to be seen as dainty and kind, they are hypocrites to their ideas for not liking everyone. 138. Who is the ‘misguided people in this town’ that Mrs. Merriweather is alluding to (Lee 312)? What are your thoughts on this especially considering where the meeting is taking place? Who stands up to defend these ‘misguided people’? She refers to people who support racial equality as misguided, like Atticus and his family. It’s rude for her to say this is the house of someone related to Atticus. Miss Maudie stands up to defend these people and expresses her belief in equality. 139. What message does Atticus interrupt the women’s meeting to bring to Aunt Alexandra and Calpurnia, and how did it happen? Atticus interrupts the meeting by saying that Tom had been shot and killed while trying to escape from prison. 140. The chapter ends with “After all, If Aunty could be a lady at a time like this, so could I” (Lee 318). What does this show about Scout? Scout is maturing and feels the need to conform to the society that the people around her are in. She is accepting the social expectations of her time. 141. What is the APS behind Harper Lee putting this chapter in the book? OR What is the APS for the ending of the chapter where Scout’s narration is very hard to follow? The author is highlighting the hypocrisy of the town and women specifically. She also wants to point out Scouts perspective of the situation. She is realizing the harsh realities of her society and what she needs to do in order to fit in with the expectations. 142. Is Scout maturing or not? Explain your answer, and record two quotes in your yellow packet. "Aunt Alexandra looked across the room at me and smiled. She looked at a tray of cookies on the table and nodded at them. I carefully picked up the tray and watched myself walk to Mrs. Merriweather. With my very best company manners, I asked her if she would have some." and "After all, if Aunty could be a lady at a time like this, so could I." Shows that Scout is maturing and through the acceptance of her Aunt, she follows with modeling after her. She wants to be like her aunt and the other women she hangs out with. Her changing identity shows her changing maturity and social intelligence. Ch 25 143. What connection is Lee trying to draw between the Mockingbird lesson and the scenario with the bug in chapter 25? How do Scout and Jem respond differently? Which theme sheet page could this scenario be added to? Add it! Scout is about to step on the roly poly but Jem stops her. This symbolizes them both learning to protect innocent beings and both of their individual moral growths. They learn this lesson from Atticus to protect innocent people. 144. Explain how different characters react to the news and details of how it happened. Provide at least three different characters or groups’ reactions. Atticus shows deep sadness and frustration. He wanted Tom to hang on a little longer but he didn’t have as much hope as Atticus. The town of Maycomb only cared about the news for 2 days then moved on showing from their unjust beliefs that they don’t care. Lastly, Mr. Underwood, the newspaper editor reacts with anger and outrage. He writes about the senseless slaughter of songbirds to symbolize that Tom was innocent. Ch 26 145. What evidence is there that Scout is growing up? Provide a quote to support your answer. “I tried to climb into Jem’s skin and walk around in it.” This quote shows how Scout is maturing to look at the perspectives of different people and growing empathy for them. 146. What does Atticus reveal to Scout at the start of ch. 26? (Page 325) Do you agree or disagree with this parenting? Explain. Atticus reveals that he has been re-elected to the state legislature and he was aware of Jem’s invasion of the Radley yard. I like Atticus’s parenting style because he is very open with his kids and encourages their independence to figure out what is right for their own moral well being. He builds trust with his kids. 147. How does the town treat Atticus and the children now that the trial is over? Make a connection to Scout’s comments on the treatment Atticus receives. Many people like Bob disapprove of Atticus’s defense of a black man while the African American community supports and trusts Atticus for acting as a town hero for Tom. Scout is confused why people are so negative towards Atticus. 148. Why is Scout so confused about the explanation Miss Gates gives about the persecution of Jews by Hitler? What are we to understand about Miss Gates, Mrs. Merriweather, other ladies, and the majority of the town in general? Scout is confused why Miss Gates is shaming Hitler for inequality to Jews when she is also showing the same inequality to African Americans. This goes to show Miss Gates and the other women are hypocrites and show selective prejudice. They lack self awareness and the ability to recognize their prejudices. Ch 27 149. List the three strange things that happened in Maycomb that fall. Bob Ewell gets a job but then loses it, Judge Taylor experiences a break in at his home, and Bob harasses Helen Robinson on her way to work. 150. What does Mr. Link Deas do for Helen Robinson? Why? Mr. Link, Helen’s employer, threatens to have Mr. Ewell arrested if he doesn’t leave her alone. 151. What is Atticus’s explanation as to why Mr. Ewell would have a problem with Judge Taylor? Atticus explains that Bob didn’t like Judge Taylor because the Judge saw right through his lies during trial. Judge Taylor additionally pointed out that Bob was left handed which went against his claim. 152. What are the two changes in Maycomb that Halloween and why do they occur. They organize a pageant, fair and they introduce a school play by Mrs. Merriweather. This helps keep the kids occupied and out of trouble as well as to showcase local heritage. 153. Draw a picture of Scout’s costume, and list the discomforts of her costume? Her costume is a ham. There are two peepholes for her eyes but she isn’t able to see much. The costume is hot, tight and restricts her from moving. It is difficult for her to itch. Ch 28 154. Use a quote to give at least one example of foreshadowing that happens at the end of Ch 27 or the beginning of Chapter 28. "High above us in the darkness a solitary mocker poured out his repertoire in blissful unawareness of whose tree he sat in, plunging from the shrill kee, kee of the sunflower bird to the irascible qua-ack of a bluejay, to the sad lament of Poor Will, Poor Will, Poor Will." This shows a foreshadow of the attack there is to come. The blue jay symbolizes Bob. 155. Explain the tone of the pageant and how Scout embarrasses herself. The tone of the pageant is at first festive but then shifts to discomforting. Scout embarrasses herself by falling asleep backstage and missing her cue. She keeps her ham costume on to hide from any shame. 156. Use a quote to show how Harper Lee creates suspense as Jem and Scout are walking home from the school auditorium. (pages 348-349) The quote “solitary mocker” brings a dark mood and suspense as someone is watching the kids as they are walking home. 157. Describe the events that happen between the schoolhouse and Finch home, how the fight went, who did what etc. And why don’t we have clear details as to who did what? (APS) Provide at least 5 details of the play-by-play. Scout and Jem are attacked by Bob while walking home. They hear strange noises, Bob grabs Scout, Jem’s arm breaks, Boo appears to save the children. We don’t have a clear story as to what happened because we are in Scout’s perspective where she isn’t able to see much out of her costume. 158. What comic relief is provided for us between Auntie and Scout on page 354 while they wait for the doctor? Aunt Alexandra helps Scout out of her ham costume. Relieves tension built from the attack, highlights scouts still innocence and shows a soft side of Aunt. Ch 29 159. Find the quote that supports what would have happened to Scout had she not been wearing the pork costume. "As Scout tells everyone what she heard and saw, Heck Tate shows her costume with a mark on it where a knife slashed and was stopped by the wire." Scout would’ve been attacked by a knife and seriously hurt. 160. What is Heck Tate’s opinion of Mr. Ewell? Heck Tate doesn’t like Bob. He thinks he is a coward and crazy to harm children. 161. Describe the man who rescued the children. Who did it turn out to be? The man that saved the kids was Boo Radley. Scout describes him as having pale, colorless eyes and feathery hair. Ch 30 162. Who does Atticus think killed the person who attacked Jem and Scout? Support this idea with a quote. Atticus first thinks that Jem killed Bob. "Atticus was prepared for his son to go to trial. Then Mr. Tate informed him that it was Boo Radley who killed Bob Ewell." Boo was the one that actually killed him. 163. Explain the argument between Atticus and Sheriff Tate and how it ends including the quote, ‘Let the dead bury the dead this time, Mr. Finch. Let the dead bury the dead’ (Lee 369). They try to figure out how they should handle Bob’s death. They want to protect Boo from unwanted attention and allow a form of justice because Mr. Ewell’s bad reputation. The quote suggests that they should let the matter rest and the acts balance eachother out. 164. Who really killed the attacker? Why is Mr. Tate willing to cover this up? Provide two reasons. Boo had killed Bob. They want to protect Boo from any attention and provide justice considering there would be balance from Bob’s past actions. He basically got what he deserved. 165. At the end of chapter 29, Scout is able to apply a lesson Atticus taught her. What is the lesson, and how does she apply it? "You never really understand a person until you consider things from his point of view... Until you climb inside of his skin and walk around in it." This quote Atticus taught her to be mindful of others. She applies this when she goes up to Boo friendly. She sees him as a real person and not just a rumor. Ch 31 166. Describe Boo’s personality, the only words he speaks, and what we learn/confirm about him in this chapter. How does Scout respond to him? The only words Boo says is Will you take me home and this shows how he is still shy and wants to stay in the comforts in his own place. He prefers solitude but still has a kind heart. Scout offers to take and walk him back home. 167. At the very end of the book, what makes Scout realize “Atticus was right. One time he said you never really know a man until you stand in his shoes and walk around in them” (Lee 374). Scout is standing on Boo’s porch and sees everything from his point of view. This shifts her perspectives and sees how Boo may view Maycomb as. 168. In chapter 10, Miss Maudie explains that Mockingbirds ‘don’t do one thing but sing their hearts out for us’ (Lee 119). Make a connection between this quote, the title, and the characters in the story who were innocent. This quote is an example of destroying innocence. Tom, Boo, Jem and Scout are seen as innocent like mockingbirds. Society’s prejudices and cruelty threaten or destroy their innocence. 169. Return to the first page of the novel. Revisit why you believe Lee would choose to start the story this way. Also take a look at the dedication page and comment on it here: The mention of Jem’s injury shows as a foreshadow of the physical and emotional challenges he will face. ok
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