Memorandum on a Trust Deed - Free Essay Example

Sample details Pages: 9 Words: 2650 Downloads: 7 Date added: 2017/06/26 Category Law Essay Type Narrative essay Topics: Act Essay Trust Essay Did you like this example? MEMORANDUM From: (Associates) To: (Partner) Re: Betty Bennettà ¢Ã¢â€š ¬Ã¢â€ž ¢s Trust Deed Date: January 09, 2013 I. INTRODUCTION The memorandum is prepared for the meeting with Betty Bennett, a client who intends to set up a trust for the welfare of her grandchildren. In the following analysis, each provision in the proposed trust deed is discussed in order to identify legal issues and problems which need to be solved or avoided. Don’t waste time! Our writers will create an original "Memorandum on a Trust Deed" essay for you Create order The relevant suggestions are provided, and other considerations which include questions and issues to be clarified are also given in the memorandum. II. ISSUES AND RECOMMENDED PROVISIONS 1. Provision 1 A valid express trust is required to satisfy the à ¢Ã¢â€š ¬Ã…“the three certaintiesà ¢Ã¢â€š ¬Ã‚  which are the certainty of intention, certainty of subject-matter and certainty of objects.[1] To establish a legally effective trust for Ms Bennett, it must be shown that the client has the intention to create a trust (but not a gift or loan),[2] and immediately transfer the property when the trust is initially executed.[3] It is very clear from the wording of à ¢Ã¢â€š ¬Ã…“upon creation of the trustà ¢Ã¢â€š ¬Ã‚  that the client has the intention to establish a trust but not a gift or loan. However, in the first provision of the drafted trust deed, it is uncertain when the trust deed will be created and when the $1 million will be transferred to the trust account. Addi tionally, the provision will be not legally enforceable to declare an intention to establish a trust for future time without considerations.[4] Therefore, the provision is invalid and needs to be redrafted to change the wordings to make sure that the trust property is immediately transferred at the commencement of the trust deed. For the requirement of subject matter, the property transferred to the trust must be certain and identifiable.[5] The property that the client intends to be held on trust is $1million. As the subject matter of the current trust is cash from Ms Bennettà ¢Ã¢â€š ¬Ã¢â€ž ¢s personal property which is tangible, the property can be identified and defined. It can be suggested that the word à ¢Ã¢â€š ¬Ã…“cashà ¢Ã¢â€š ¬Ã‚  should be incorporated into the provision to avoid ambiguity. An express trust is established completely when the trust property is transferred to the trustees in the capacity of trustees.[6] It is highly recommended to list the names of the trustees who are Cathy and Denis, and give the details of the specific trust account set up for the purpose of this particular trust in the provision. [Recommended provision] I, Betty Bennett, hereby assign $ 1 million in cash into the specific trust account in the name of the trustees, Cathy Chen and Denise Finkel, in their capacity as trustees. Details of the specific account. Bank: Common Bank of Australia Account No: 540128 12039494 2. Provision 2 The certainty of objects requires that a valid express trust should be created for the benefit of beneficiaries who must be identified.[7] As there is an obligation to distribute the trust assets equally among all living beneficiaries in Provision 5, it seems that the trust deed is a fixed trust where the à ¢Ã¢â€š ¬Ã…“list certaintyà ¢Ã¢â€š ¬Ã‚  rule applies which requires that all the beneficiaries must be identified or ascertainable by the trustees at the time of distribution.[8] Although Edward can be easily identified as a beneficiary, there may be a potential issue in the provision that may be challenged that whether the definition of à ¢Ã¢â€š ¬Ã…“future childrenà ¢Ã¢â€š ¬Ã‚  includes any illegitimate child of Cathy or Denise, and the children from their future marriages. Therefore, the real intention needs to be clarified and confirmed with the client. Furthermore, the wording of à ¢Ã¢â€š ¬Ã…“mightà ¢Ã¢â€š ¬Ã‚  used in the provision lacks c ertainty of objects which may invalidate the provision. Clarifications are required by the client. The provisions in a completely constituted express trust must not offend against public policies. Despite the High Court decision in Ramsay v Trustee Executors and Agency Co Ltd[9] which upheld that the beneficiary who were absolutely entitled to the trust property when divorced with the current wife did not contravene the public policy, it has been well accepted and supported by recent authorities that any trust prejudicial to the status of marriage is void for the public policy reasons.[10] It is unclear in the provision whether the client is really willing to exclude Deniseà ¢Ã¢â€š ¬Ã¢â€ž ¢s children related to Fred as beneficiaries. If it is the true intention, as long as Denise remains the present marriage with Fred, their children is not entitled to receive the trust assets. Therefore, the instructions from the client should be reconfirmed and Ms Bennett should be suggeste d that the provision is very likely to be void due to the possibilities to cause inducement to divorce or matrimonial discord. [Recommended provision] The beneficiaries of the trust are Edward Chen, all future children of Cathy Chen and Denise Finkel from legitimate marriages. OR The beneficiaries of the trust are Edward Chen, all future children of Cathy Chen and Denise Finkel regardless of marital status. 3. Provision 3 A fiduciary relationship exists when one party undertakes or acts on behalf of another party in a particular circumstance where in the context of trust, trustees have fiduciary obligations to act for the best interests of the beneficiaries.[11] In other words, a trust will not exist if there is no fiduciary relationship between the trustees and beneficiaries and the essence of a trust is described as à ¢Ã¢â€š ¬Ã…“an owner of property is obliged to apply the property for anotherà ¢Ã¢â€š ¬Ã‚ .[12] Although most of the fiduciary obligations can be excluded by the trust instrument or obtaining the fully informed consent of the beneficiaries, the obligation to act good faith is a must for the existence of a valid trust.[13] In the provision, it is obvious that the client wishes to exempt the trustees from any breach of fiduciary obligations. However, Ms Bennett should be advised that the trust will not valid if the trustees shall not be liable to the beneficiar ies by considering the nature of a trust. It is highly recommended that the wording of à ¢Ã¢â€š ¬Ã…“liableà ¢Ã¢â€š ¬Ã‚  should be replaced, and this part of the provision should be redrafted to reflect à ¢Ã¢â€š ¬Ã…“good faithà ¢Ã¢â€š ¬Ã‚  component in case of any conflict between the trustees and beneficiaries while the wording of à ¢Ã¢â€š ¬Ã…“except in cases of intentional taking of trust fundsà ¢Ã¢â€š ¬Ã‚  should be considered to be too narrow and unnecessary and deleted from the provision. Under S59(4) of Trustee Act and common law authorities,[14] the trustee has a right of indemnity to reimburse himself for expenses which incurs in managing the trust property and discharge the expense directly from the trust property.[15] The trustee may also be entitled to receive remuneration with the consent of all sui juris beneficiaries or express conferral through the trust instrument.[16] The trusteesà ¢Ã¢â€š ¬Ã¢â€ž ¢ right of indemnity is clearly expressed in the prov ision but the contents of the provision regarding indemnity right should incorporate a limitation which ensures that that the expenses are properly incurred. All the expenses which are unreasonably incurred by trustees should not be reimbursed. Also, the payment for trusteesà ¢Ã¢â€š ¬Ã¢â€ž ¢ services mentioned in the provision must be related to the execution of the trust. In addition, there is another consideration that the client may be aware that the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s conferral is required if the trustees elect to execute the right to remuneration as some beneficiaries may be under a legal age at that time. The indemnity right may be extended to beneficiaries in some circumstances. Beneficiaries who benefit from the trust should be liable to the personal risk unless it can be reasonably believed that the trustee should be responsible for the burden.[17] In the current provision, because all the beneficiaries at the time of execution of the trust are under legal age, in fant or unborn, the beneficiaries are not be required to indemnify the trustee personally by applying the Hardoon[18] rule. The difficult situation in the current trust deed will arise when some of the beneficiary turns 18 and becomes an adult legally. Since it is not very fair to protect adult beneficiaries in a trust which consists of both infant and adult beneficiaries,[19] any beneficiary who turns 18 will become liable for the burden. Consequently, it may be held by the court that the terms would invalidate the provision. Therefore, the provision should be also redrafted to reflect the issue above and deal with adult beneficiaries and infant beneficiary respectively. [Recommended provision] The trustees shall act in good faith to the beneficiaries on account of their actions as trustees. The trustees may receive some payment for their services in relation to the execution of the trust and be reimbursed from the trust funds for expenses properly and reasonably incurred in managing the trust. The trustees will have no right to claim funds directly from the beneficiaries who are under 18. 4. Provision 4 The trusteeà ¢Ã¢â€š ¬Ã¢â€ž ¢s duties are not only sourced in the trust instrument but also in statute and in equity.[20] The trusteeà ¢Ã¢â€š ¬Ã¢â€ž ¢s duties on investment of trust funds are largely regulated by statutory provisions. The current legislation provides a bifurcated standard of prudence in investment depending on the professional attributes of the trustee in question. More is expected of a professional trustee than an unpaid family trustee. Under s 14A of Trustee Act 1925 (NSW), trustees, if he or she is not a professional trustee like trustees in proposed trustee, are required to exercise diligence and skill that a prudent person would exercise in managing the affairs of other persons when exercising a power of investment. Because current statute explicitly imposes duties of prudent person on the trustee for investment of trust funds, Ms Bennettà ¢Ã¢â€š ¬Ã¢â€ž ¢s drafted provision that requires the trustee to attempt to invest trust money prude ntly is unnecessary. Moreover, the current legislation requires the standard of prudent person in managing the affairs of other persons. The standard of prudent person in managing the affairs of other persons and the standard of prudent person in managing their own affairs are different. However, Ms Bennettà ¢Ã¢â€š ¬Ã¢â€ž ¢s drafted provision is ambiguous about which standard is required. The standard of care imposed on a trustee can be altered by express terms in the trust instrument, but the express terms should not cause ambiguousness. Most, but not all, liability for breach of trust can be excluded by specific provision in the trust instrument.[21] The Court of Appeal in Armitage v Nurse[22] held that a trusteeà ¢Ã¢â€š ¬Ã¢â€ž ¢s liability for negligence could be excluded, but it would offend public policy to allow an exemption clause to exclude liability for actual fraud or dishonesty. Ms Bennettà ¢Ã¢â€š ¬Ã¢â€ž ¢s drafted provision that expressly exempts the trusteeà ¢ â‚ ¬Ã¢â€ž ¢s liability for the investment decisions can be interpreted to include any liability including actual fraud and dishonesty. Therefore, the drafted provision can be invalid because it is against public policy. In summary, the drafted provision 4 by Ms Bennett is problematic and it should be deleted. [Recommended provision] (Delete) 5. Provision 5 There are rules to limit the duration of private trusts. These are collectively known as the à ¢Ã¢â€š ¬Ã‹Å"rule against perpetuitiesà ¢Ã¢â€š ¬Ã¢â€ž ¢. The rule against perpetuities requires a disposition of property to vest with in certain period of time. The trusts that infringed these rules are void. Under s 7(1) of Perpetuities Act 1984 (NSW), the perpetuities period is 80 years from the date when the disposition takes effect. Ms Bennettà ¢Ã¢â€š ¬Ã¢â€ž ¢s drafted provision states that the trust shall vest when the youngest beneficiary turns 18. Because the beneficiaries of the proposed trust are all future children of Ms Bennettà ¢Ã¢â€š ¬Ã¢â€ž ¢s two daughters, the youngest beneficiary will technically be the last born child of Ms Bennettà ¢Ã¢â€š ¬Ã¢â€ž ¢s two daughters, either Cathy Chen or Denise Finkel. It is not clear whether Ms Bennettà ¢Ã¢â€š ¬Ã¢â€ž ¢s drafted provision breaches the rule against perpetuities making the trust void because it is no t certain whether the last child of either Cathy Chen or Denise Finkel can be born after 62 years from the date of disposition to exceed 80 year statutory perpetuity period. However, it is certain that Ms Bennettà ¢Ã¢â€š ¬Ã¢â€ž ¢s drafted provision causes future difficulties in making the trust vested within in a certain period of time because the trustees will have difficulties in deciding who the last child of Cathy Chen or Denise Finkel will be. In addition, from Ms Bennettà ¢Ã¢â€š ¬Ã¢â€ž ¢s wishes, it seems that she wants to provide benefits for her existing and future grandchildren from the proposed trust. However, under her drafted provision, most of the beneficiaries will have no benefits for a long time until the youngest beneficiary who is even unborn at the time of the establishment of the trust reaches 18. It is doubtful that Ms Bennett intended this situation. In summary, the drafted provision 5 by Ms Bennett is problematic and it should be replaced by the recomm ended provision below. [Recommended provisions] The trust shall vest when the eldest beneficiary turns 18. At that time, all remaining trust assets will be distributed equally among all living beneficiaries. OR The trust shall vest when either the youngest beneficiary turns 18 or 80 years from the date of this trust deed, whichever is earlier. At that time, all remaining trust assets will be distributed equally among all living beneficiaries. III. Questions and Other Considerations 1. Does Ms Bennett want to create an inter-vivos trust or a testamentary trust? For the purpose of the proposed trust, there are two methods available for creating a trust. But Ms Bennettà ¢Ã¢â€š ¬Ã¢â€ž ¢s drafted provisions do not specify which method she intends to use. One method is testamentary trusts and the other is inter vivos trusts. Ms Bennett has to decide which method she prefers. 2. What does Ms Bennett mean by à ¢Ã¢â€š ¬Ã‹Å"childrenà ¢Ã¢â€š ¬Ã¢â€ž ¢ in the drafted provision as beneficiaries? As already discussed in II-2 above, the beneficiary must be certain. In other words, the beneficiaries of a trust must be identifiable. However, the word à ¢Ã¢â€š ¬Ã‹Å"childrenà ¢Ã¢â€š ¬Ã¢â€ž ¢ in Ms Bennettà ¢Ã¢â€š ¬Ã¢â€ž ¢s proposed provisions makes the beneficiaries to be uncertain because it is not clear whether the à ¢Ã¢â€š ¬Ã‹Å"childrenà ¢Ã¢â€š ¬Ã¢â€ž ¢ include the children only from legal marriage or not. Therefore, Ms Bennett should decide whether she wants to include children only from legal marriage or not. 3. What is Ms Bennetteà ¢Ã¢â€š ¬Ã¢â€ž ¢s intended vesting period of the proposed trust? As discussed in II-5 above, the proposed provision 5 is problematic. Therefore, we proposed two versions of recommended provisions. Nevertheless, it would be more appropriate to understand what Ms Bennettà ¢Ã¢â€š ¬Ã¢â€ž ¢s intended vesting period is. 4. How does Ms Bennett want to distribute the income from investment of trust property? The trustee is under a duty to invest trust funds rather than to simply hold them safe.[23] Therefore, certain income will be generally created from the trust property. However, Ms Bennettà ¢Ã¢â€š ¬Ã¢â€ž ¢s drafted provisions do not instruct the trustees how to deal with the income generated from the trust property. Ms Bennett should provide the relevant provisions. Recommended Provision The trustees must accumulate and retain the income generated from investment of trust property for the benefits of the beneficiaries. The accumulated income will become trust assets and distributed equally among all living beneficiaries at the time of termination of the trust. 1 | Page [1] M.W. Bryan and V.J. Vann, Equity Trusts in Australia, (Cambridge University Press, 2012), p226; Knight v Knight (1840) 3 Beav 148, 173. [2] Byrnes v Kendle (2011) 243 CLR 253, 253. [3] Harpur v Levy (2007) 16 VR 587, 601. [4] Cochrane v Moore (1890) 25 QBD 57, 72-73. [5] Hunter v Moss[1994]1 WLR 452. [6] Milroy v Lord (1862) De GF J 264. [7] P Creighton, à ¢Ã¢â€š ¬Ã…“Certainty of Objects of Trusts and Powers: The Impact of McPhail v Doulton in Australiaà ¢Ã¢â€š ¬Ã‚  (2000) 22 Sydney Law Review 93. [8] Inland Revenue Commissioners v Broadway Cottages Trust [1955] Ch 678. [9] (1948) 77 CLR 321. [10] Church Property Trustees, Diocese of Newcastle v Ebbeck (1960) 104 CLR 394, 404; Jones v Krawczyk (2011) 7 ASTLR 104, at [38]. [11]Bryan and Vann, above no 1, pp156, 162. [12] Ibid, p230. [13] Ibid, p164; Armitage v Nurse [1998] Ch 241, 253-254. [14] Section 59(4), Trustee Act (NSW); Worrall v Harford (1802) 8 Ves Jun 4, 8. [15] Bryan and Vann, above no 1, pp323, 324. [16] Graham Moffat, Gerry Bean and Rebecca Probert, Trusts Law: Text and Materials, (Cambridge University Press, 5th , 2009), p447; Duke of Norfolks Case(1682)3 Ch. Cas. 1, 22 Eng. Rep. 931. [17] Hardoon v Belilios [1901] AC 118. [18] Hardoon v Belilios [1901] AC 118. [19] Bryan and Vann, above no 1, pp332, 333. [20] MW Bryan and VJ Vann, above no 1, 279. [21] MW Bryan and VJ Vann, above no 1, 339. [22] [1997] 2 All ER 705. [23] Adamson v Reid (1880) 6 LLR (E) 164.

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Documentaries Essay Research Paper In the final free essay sample

Documentaries Essay, Research Paper In the concluding old ages of the 20th century, rare is the docudrama that attracts mass audiences or attending. At a clip when people get to declare their desire for amusement in a battalion of media, the destiny of the non-fiction movie that attempts to state a true narrative is non a happy 1. But there are docudramas that win at the box office and even achieve position as popular menu, largely either by appealing to a specialised audience of sufficient size, or taking a point of position that mass audiences can associate to comfortably and easy. A brilliant illustration of the former is The Sorrow and the Pity ( 1970 ) , Marcel Ophuls 4? -hour history of life in France during World War II under the Nazi and collaborator governments, which non merely became a major international hit, but was so familiar to filmgoers that Woody Allen was able to utilize it as a familiar mention point in his most successful image, Annie Hall ( The Sorrow And The Pity is the film that Allen s Alvy an d Diane Keaton s Annie are be aftering on seeing ) . The best recent illustration of the latter is Michael Moore s 1987 hit Roger A ; Me, a movie picturing Moore s attempts to face General Motors president Roger Smith about the policies that led to the loss of 40,000 occupations in Flint, Michigan. The docudrama has its roots in the film-going wonts of the early 20th century, when audiences were willing to look at about any decently made ( and frequently not-so-decently-made ) ocular stuff in film theatres. In the yearss before telecasting, theatres were expected to demo non merely characteristic movies, but a broad scope of recreations for their frequenters, sometimes including unrecorded amusement every bit good as films. During the 1890s, the huge bulk of movies shown in theatres were of a non-fiction nature, covering existent events. By the beginning of the 20th century, manufacturers had begun showing short films picturing or re-creating events, basically fragmental newsreels, and occasional longer movies covering with famed eve nts, particularly recent calamities. The most noteworthy of these movies in America was D.W. Griffith s 1914 Life of Villa, which assorted footage of existent events and dramatic Reconstructions to state the narrative of the famed Mexican Rebel leader Pancho Villa. World War I was the first war in which motion-picture cameras were available to capture events and for which a film audience existed # 8212 ; the film industries of most of the combatant states produced propaganda movies warranting their several functions in the struggle. Actual footage shooting in France during the contending managed to do its manner into D.W. Griffith s play Hearts Of the World ( 1918 ) , but the film itself was a fictional play covering with endurance in a Gallic small town under German business. By the terminal of the teens, every major studio had a newsreel unit that specialized in capturing intelligence events on movie and forging the stuff into five-minute digests for distribution to theatres. The documental # 8212 ; the word derives from the Gallic term documentaire, mentioning to go movies # 8212 ; as we know it began in 1922 with manager Robert Flaherty s Nanook of the North, which told the narrative of an Eskimo s endurance. Although it was subsequently revealed that some of the stuff was manipulated by Flaherty, the dramatic power of this true narrative was undeniable, and the movie was widely seen and honored. Other major docudramas of the 1920s included Grass ( 1925 ) , by Merian C. Cooper and Ernest B. Schoedsack ( later responsible together for King Kong and The Most Dangerous Game ) and Chang ( 1927 ) , and Flaherty s Moana ( 1926 ) . In Russia, nevertheless, the documental to the full came into its ain, highlighted by such plants as Sergei Eisenstein s October/Ten Days That Shook The World ( 1928 ) . The 1930s saw the coming of docudramas with political intents and specific dockets in the United States and England. Apart from the newsreel industry, which by so h ad crews working in apparently every corner of the Earth ( the 1938 Clark Gable action/comedy Too Hot To Handle gives a good representation of what the concern was like ) , both the American and British authoritiess sponsored films intended to convey of import societal issues place to audiences. England created the General Post Office ( or GPO ) Film Unit as a agency for bring forthing non-fiction movies such as BBC # 8211 ; The Voice of Britain ( 1935 ) and Night Mail ( 1936 ) , which were among the most famed docudramas of the decennary. In America, Pare Lorentz s The Plow That Broke The Plains ( 1936 ) dramatized the crisis confronting husbandmans from dirt preservation, and The River ( 1937 ) dealt with eroding in the Mississippi River basin. Flaherty worked in England, where, in add-on to doing docudramas such as Industrial Britain ( 1932 ) , he was hired by Alexander Korda s London Films to hit a film in India # 8212 ; this stuff was taken by Korda and reshaped into the dram atic movie Elephant Boy ( 1937 ) , which was a major hit and made a star out of a immature histrion named Sabu. Possibly the most famed and controversial docudramas of the period, nevertheless, came from Germany during the Nazi government and from the work of Leni Riefenstahl, an ex-dancer who turned to directing in 1932. Riefenstahl was responsible for Triumph of the Will ( 1935 ) , a documental picturing a 1934 Nazi mass meeting in Nuremburg, and Olympiad ( 1936 ) , a dramatic passage of the 1936 Berlin Olympics. The coming of World War II saw an detonation of involvement in docudramas in America and England. The American part came from the military, in the pretense of movies such as the Why We Fight series. Made under the supervising of manager Frank Capra for the intent of indoctrinating freshly drafted military personnels over the demand for their engagement in the war, these films proved so effectual, that they were finally made available to the populace at big and explained m any facets of the history taking up to the war, the involvements of the different states involved, and the countries of concern that they shared with the United States. The British gov ernment began making documentaries within 30 days of the declaration of war, dealing with just about every permutation of the war, from Englands readiness for war (The Lion Has Wings, 1939) to the need for secrecy (Next of Kin) and morale boosters intended for domestic and overseas audiences such as London Can Take It and Diary For Timothy. In England, many new directors, including Carol Reed, showed their potential in the making of wartime documentaries (although established filmmakers like Alfred Hitchcock also made films supporting the war effort), while in America, it was old veterans such as John Ford (The Battle of Midway, 1942), John Huston (Report From The Aleutians, 1943), and William Wyler (The Memphis Belle, 1944 — which later became the basis for the dramatic film of the same name from 1990) who distinguished themselves. And some of their work, such as John Hustons Let There Be Light 1945), depicting the recovery of combat fatigue victims, was considered too stro ng for viewing by the general public at the time and was not seen for several decades afterward. The end of World War II brought an end to massive government investment in documentary production and coincided with a general withdrawal of activity in non-fiction film work as many of the studio newsreel units found their budgets cut back. The growth of local and network television news during the 1950s and early 1960s wiped out the domestic audience for newsreels, although private industry occasionally sponsored documentary features, such as Standard Oils backing of Flahertys The Louisiana Story (1948). The advent of the so-called Atomic Age, and the publics unfamiliarity with nuclear weapons and nuclear power fostered the making of numerous films meant to reassure them about the former and sell them on the latter. Many of the most over-the-top examples of these films were assembled by directors Kevin Rafferty, Jayne Loader, and Pierce Rafferty into a documentary of their own entitled The Atomic Cafe (1982), which had ferociously political fun at the expense of the originals lies and half-truths about the hazards of atomic warfare and the ways of surviving nuclear attack — The Atomic Cafe became a major box-office hit and was heavily distributed in theaters, on television, and on home video. By the end of the 1950s and the beginning of the 1960s, television had become the source of most documentary activity. The CBS News production Harvest of Shame (1959), depicting the plight of migrant workers in America, became the model for network activity in this area, and the years that followed, with the advent of the Vietnam War and the so-called war on poverty, generated television specials dealing with American actions overseas and poverty within our own borders. War has always been an especially compelling subject for documentaries, beginning with the World War II Navy celebration/tribute series Victory At Sea during the 1950s and continuing through such progr amming as CBSs World War I, narrated by Robert Ryan, up through Thames Televisions The World At War (probably the best World War II documentary series there is), narrated by Laurence Olivier, and American Public Televisions 1980s series Vietnam: A Television History. The latter also proved extremely controversial, as various political figures on the right demanded (and were ultimately granted) equal time to respond to what they perceived as the programs left-wing, anti-American slant. In theaters, however, the documentary virtually disappeared, apart from exceptions such as Marcel Ophuls The Sorrow And The Pity, which, despite its four-hour-plus running time, became a major hit around the world. Audiences no longer looked to the theatrical film experience as one that was supposed to educate as well as entertain; to reach modern filmgoers, documentary filmmakers discovered that they had to do both. The Rafferty/Loader/Rafferty film The Atomic Cafe did so, using gallows humor and poli tics as a hook that drew millions of people to it. At the other end of the decade, Michael Moore created an even larger splash with his delightfully deadpan, devastating Roger Me, which skewered General Motors and chairman Roger Smith, as well as numerous other targets and by-standers. Moores technique, apart from an unflappable demeanor even in the most ridiculous situations with the camera rolling, seems mostly to involve letting the camera roll, and permitting people to speak their minds and, often as not, make fools of themselves, all with the purpose of questioning the way the public and the conventional media present information and stories. When Moores movie was nominated for an Oscar, however, controversy erupted from the ranks of more traditional documentary filmmakers, who questioned whether the movie was really a documentary or, in fact, a comedy using documentary techniques. Additionally, some political pundits on the Right cited the nomination of Roger Me as evidence of Hollywoods anti-business attitude. They questioned whether a movie that takes a specific political point-of-view should be judged as a documentary. Actually, the picture was just damned funny and raised real questions about the motivations of General Motors, Smith, and the various players in the farce surrounding Flint, Michigans decline. Their criticism ignored the fact that virtually every feature-length documentary from the 1930s and 1940s that is still remembered today took its sponsors point-of-view, whether it was teaching farmers about soil conservation for the government, justifying our entry into World War II on the side of the British and the Soviet Union, or presenting Standard Oil as an enlightened steward of the land in The Louisiana Story. Moore — an iconoclastic filmmaker with a background that indicates a keen appreciation for making waves, including a stint writing for Mother Jones magazine — didnt seem to suffer from the controversy, however, and h as since been given access to prime-time on the NBC network, as well as other film opportunities.