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Use discern in a sentence?
In short, F it up. Your next mitigating factor should come from the facts of the offence or facts relating to it. It should come from the facts pleaded guilty to or the facts that were adduced during trial. It should start with this thought: Why should our client not get so harsh a punishment despite what he did?
Ms Tan is charged with common assault — section Penal Code. Looking at these facts — what is the mitigating factor that you can discern on the facts? This is the bit that you need to focus and work on first.
All those other things like first offence, has a hard life, etc. This brings me to lesson five. Make the most of them. Squeeze blood from rock. People are persuaded by stories. Ergo, judges are likely to be persuaded by stories.
I have used these facts [PP v Sally Tan facts] when teaching mitigation in advocacy training courses. Do you know what the usual line of mitigation is for these facts? There are a lot of facts in this particular issue — make the most of them.
This is an example of how I could marshal the facts and spin a narrative from them: A custodial sentence should not be given to the accused on these facts. Because Mr Chan provoked her into kicking him. Why do I say this? The facts are this: Mr Chan hired the accused for sexual intercourse.
He was disappointed when it turned out Ms Tan was a Mr Tan. Any ordinary and reasonable man would feel so. But an ordinary and reasonable man would not become extremely abusive towards Ms Tan.
He would tell her, thank you this is not my thing, you may leave. What does Mr Chan do? After being extremely abusive he chased her out of the room, down the stairs and through the lobby, all the while verbally abusing Ms Tan. He followed her out of the hotel and into the street while continually verbally abusing her. When she turned around and told him to leave her alone — he kept on with his verbal abuse. Her first instinct to tell him to leave her alone.
It is at this point that Ms Tan lost her temper and kicked him in the groin — long after they have left the room, exited the hotel and after a warning to leave her alone. Granted Ms Tan should not have lashed out. It was not what a reasonable person would do.
But did Mr Chan behave reasonably and appropriately? Ms Tan regrets lashing out at him. Mr Chan is not the true victim here. See how much I have used from those facts. See how I spin a little narrative with these facts. I hope I have anyway. Now — how often have you heard a mitigation like that in court? How common is it to hear something like this?
I can tell you — rarely. Now what happens when you do something different from everybody else? If you do it right, you stand out. If you stand out, that means the Judge is paying attention. He wants to know. That is the best time to persuade him. So lesson seven — be different, be interesting. Prepare for each submission. Make every submission different.
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Make each submission count. Your submission is your creative endeavour, it is not modifying an Abrcadabra. You are crafting and creating some new. Find a new angle. Google Search Console helps to check for websites that use duplicate or copyright content. Prior to Universal search, a standard Google search would consist of links only to websites.
Universal search, however, incorporates a wide variety of sources, including websites, news, pictures, maps, blogs, videos, and more, all shown on the same search results page. The new architecture provided no visual differences in the user interface, but added significant speed improvements and a new "under-the-hood" indexing infrastructure. The move was interpreted in some quarters as a response to Microsoft 's recent release of an upgraded version of its own search service, renamed Bingas well as the launch of Wolfram Alphaa new search engine based on "computational knowledge".
Knowledge Graph The Knowledge Graph is a knowledge base used by Google to enhance its search engine's results with information gathered from a variety of sources. Google Hummingbird InGoogle significantly upgraded its search algorithm with "Hummingbird".
Its name was derived from the speed and accuracy of the hummingbird. The change was a response to the continued growth in mobile usage, and a push for web developers to adopt a mobile-friendly version of their websites. As per current analysis done by the industry leaders SearchEngineWatch and SearchengineLand, the update was to drop down the medical and health related websites that were not user friendly and were not providing good user experience.
This is why, the industry experts named it "Medic". This is because misinformation can affect users financially, physically or emotionally.
Therefore, the update targeted particularly those YMYL pages that have low-quality content and misinformation. This resulted in the algorithm targeting health and medical related websites more than others. Written notation varies with style and period of music. In the s, notated music is produced as sheet music or, for individuals with computer scorewriter programs, as an image on a computer screen. In ancient times, music notation was put onto stone or clay tablets. To perform music from notation, a singer or instrumentalist requires an understanding of the rhythmic and pitch elements embodied in the symbols and the performance practice that is associated with a piece of music or a genre.
In genres requiring musical improvisationthe performer often plays from music where only the chord changes and form of the song are written, requiring the performer to have a great understanding of the music's structure, harmony and the styles of a particular genre e. In Western art music, the most common types of written notation are scores, which include all the music parts of an ensemble piece, and parts, which are the music notation for the individual performers or singers.
In popular music, jazz, and blues, the standard musical notation is the lead sheetwhich notates the melody, chords, lyrics if it is a vocal pieceand structure of the music. Fake books are also used in jazz; they may consist of lead sheets or simply chord charts, which permit rhythm section members to improvise an accompaniment part to jazz songs.
Scores and parts are also used in popular music and jazz, particularly in large ensembles such as jazz " big bands. Tabulature was also used in the Baroque era to notate music for the lutea stringed, fretted instrument. Musical improvisation Musical improvisation is the creation of spontaneous music, often within or based on a pre-existing harmonic framework or chord progression. Improvisation is the act of instantaneous composition by performers, where compositional techniques are employed with or without preparation.
Improvisation is a major part of some types of music, such as bluesjazzand jazz fusionin which instrumental performers improvise solos, melody lines and accompaniment parts. In the Western art music tradition, improvisation was an important skill during the Baroque era and during the Classical era.
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In the Baroque era, performers improvised ornaments and basso continuo keyboard players improvised chord voicings based on figured bass notation. In the Classical era, solo performers and singers improvised virtuoso cadenzas during concerts. However, in the 20th and early 21st century, as "common practice" Western art music performance became institutionalized in symphony orchestras, opera houses and ballets, improvisation has played a smaller role.
At the same time, some modern composers have increasingly included improvisation in their creative work. In Indian classical musicimprovisation is a core component and an essential criterion of performances. Music theory Music theory encompasses the nature and mechanics of music. It often involves identifying patterns that govern composers' techniques and examining the language and notation of music.
In a grand sense, music theory distills and analyzes the parameters or elements of music — rhythm, harmony harmonic functionmelodystructure, formand texture.
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Broadly, music theory may include any statement, belief, or conception of or about music. Some have applied acousticshuman physiologyand psychology to the explanation of how and why music is perceived.