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Case Briefs
Case1 Plaintiff(14) VS Defendant(11) February 20th 1889 Fact: Two boys were in a same high
school of the village of Waukesha.11 years old boy kicked another 14 years old boy which caused
the boy never recovered the use of his limb. The former was sued by the latter for $2800. Issue:
whether a person who unintentionally hurt another person is liable for the harm through intentional
harm. Holdings: the jury rendered a verdict for the plaintiff of $2800. Rationale: the touch was the
exciting or remote cause of the destruction of the bone. The case was a case of torts and it related to
the assult and battery which the defendant should pay money for the plaintiff. The defendant has no
proof of any other hurt, and ... Show more content on Helpwriting.net ...
,tending to prove that the cars were running improperly. Issue: whether a person who voluntarily
place himself in danger to save a child is liable for negligence Holding: principles of law cannot
yield to particular case, which means the intestate is liable for negligence. Rationale;as a
reasonable prudent person who has the full knowledge and apprehension of the risk incurred ,the act
of saving others ,which is not a duty imposed by law ,cannot relive him from negligence. The cars
were being run at a very moderate speed, not over seven or eight miles per hour, that the signals
required by law were given and that the child was not on the track over which the cars were passing,
but on a side track near the main track. The company is not the insurer of ,or liable to those who ,of
their own choice and with full notice, place themselves in the path of the train and are injured. Case
6 Plaintiff Cooley vs public Service Co. November 29.1935 Fact: During a heavy storm, several of
the Public Service wires broke and fell to the ground and one of it which carried a voltage of about
1300 came into contact with the telephone messenger ,Cooley. The contact created violent agitation
in the diaphragm of the receiver and a loud explosive noise. Cooley suffered from traumatic
neurosis and loss of sensation on the left side. She claimed that it the defendant's consequent duty to
maintain such devices at cross–overs
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Advantages And Disadvantages Of Being A Lawyer
When people talk about lawyers, the very first time that will get into their minds is that lawyers are
rich, because they often get paid with thousands and thousands of money on every case they handle.
What people don't really think about is how difficult being a lawyer is. Every single day is a struggle
to keep up with deadlines and meetings, there will always be paperworks to get through, especially
if they're handling multiple cases. Being a lawyer can actually be a dangerous job, they could be
killed regardless if they win a case or not, they could also get sick because of how much they're
working. Keep reading to find out how dangerous it is to be a lawyer.
"We often want to win even more than the client. We see the bigger picture, law, precedent, our
reputation, plus all of the work that we put on our case because I think I've cared most of my cases
far more than my clients care about their own cases." Michael Halbfish ... Show more content on
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However, what most people don't think is that it is not always about using the brain. Just because
lawyers don't do physical labor doesn't mean that they don't get physically tired. They're human
beings as well, so their bodies get tired too. They may not be doing extreme physically labor, it
doesn't mean they don't exert physical effort. Lawyers are known to always be sitting on their desks
working on paperworks, that would mean, that they would most likely get tired of sitting for too
long, with back pains, as well as looking at their computers for so long that would affect their eyes.
Since they are always so busy, they obviously wouldn't have so much time to work out every day
and exercise is essential, they also sometimes don't eat healthy meals on time because they would
most likely be relying to
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Case Brief
Eyiesha SIngleton Style of Case and Citation: Young v. Becker & Poliakoff 88 So.3d 1002
(2012) Court Rendering Final Decision: Supreme Court of the United States ?????? Identification of
Parties and Procedural Details: Who is the Plaintiff/Appellant? Who is the Defendant/Appealer?
What is the cause of action? Who prevailed in lower court? Who is appealing to what court?
Jacquelyn Young hired the law firm of Becker & Poliakoff to represent her in her federal
employment discrimination lawsuit against her employer. The firm associate that filed the action
made a mistake by attaching the wrong U.S. Equal Employment Opportunity Commission (EEOC)
right–to–sue letter. The court dismissed the claims. The law firm did not ... Show more content on
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Both parties appealed Discussion of the Facts: Who did what to whom? What relief is being sought?
Jacquelyn Young hired the law firm of Becker & Poliakoff to represent her in her federal
employment discrimination lawsuit against her employer. The firm associate that filed the action
made a mistake by attaching the wrong U.S. Equal Employment Opportunity Commission (EEOC)
right–to–sue letter. The court dismissed the claims. The law firm did not try to re–file using the
correct attachment, or try to dismiss the motion. Thirteen months later, the law firm informed Young
that the claims had been dismissed, and that the firm was withdrawing from representing her further
with the case. Young argued that the firm had a conflict of interest when it continued to represent
other employees of Young's employer, and when their settlement included a rule barring the firm
from suing the employer in the future. Young believed that the firm had waited to pursue her case
until its other case was settled. The jury determined that Becker & Poliakoff knew that the case
had been dismissed, but withheld that information from Young so they could settle the other case
and secure the $2.9 million fee and cost reimbursement in that case. The jury returned a verdict for
Young of $394,000 in compensatory damages as a result of Becker & Poliakoff's breach of
fiduciary duty. The total compensatory damages consisted of $144,000 in past lost wages and
$250,000 in damages for
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Case Analysis : Brief Analysis
1. CASE ANALYSIS: Brief analysis/summary
On Nov 5th, 2015, United States Food and Drug Administration (FDA) issued a warning letter
addressed to Mr. Satish Reddy, the chairman of Dr. Reddy Laboratories Ltd.
The warning letter was issued after the FDA inspected three of Dr. Reddy's plants located in
different parts of India, locations in Srikakulam, Miryalguda and Duvvada (Unit VI, V and VII) on
November 17th – 21st 2014, January 26th–31st and February 26th to March 6th 2015 respectively.
The FDA, upon inspection, discovered that the facilities were not in compliance with the current
Good Manufacturing Practices (cGMP). Facilities at Srikakulam and Miryalguda were deviating
from the cGMP for the manufacture of active pharmaceutical ingredient whereas the third facility at
Duvvada violated cGMP for finished pharmaceuticals products as per 21 Code of Federal
Regulations (CFR) Part 210 and 211.
The deviations and the violations led to both, the API and the finished products, to be considered as
adulterated as per the section 501(a)(2)(B) of the Food, Drug and Cosmetic Act and 21 U.S.C.
351(a)(2)(B). The manufacturing, packaging, and holding processes in these facilities did not
conform to the standards of cGMP. The responses that were sent to FDA earlier to the issuance of
this warning letter also didn't address the issues sufficiently.
The FDA now requires a written response to the warning letter by Dr. Reddy's Laboratories to
respond within 15 working days about the
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Case Brief Memorandum Essay
kaplan university– pa401 advanced legal writing | Case Brief Draft | Unit 3 Assignment | | Vicky
Hunter | 1/21/2013 |
|
memorandum to: victoria corbo, esq. from: vICKY hUNTER– pARALEGAL
Subject: Case Brief date: 3/2/2013
–––––––––––––––––––––––––––––––––––––––––––––––––
CC: Tony T. Smith
Gonzalez v. Reno, 212 F.3d 1338 (11th Cir. 2000)
Procedural History:
Plaintiff, Elian Gonzalez, a six year old minor, through his "next of friend", Lazaro Gonzalez, filed
an asylum application with the INS (Immigration & Naturalization Service), which was denied.
The plaintiff's then filed a claim in the federal district court which stated the Plaintiff's due process
rights were violated and the INS had overstepped ... Show more content on Helpwriting.net ...
Issue:
Whether a minor child can file for asylum without the consent of a parent or legal guardian?
Rule:
8 U.S.C.A. § 1158 (West 2012) states any alien who is physically present in the United States or
who arrives in the United States (whether or not at a designated port of arrival and including an alien
who is brought to the United States after having been interdicted in international or United States
waters), irrespective of such alien's status, may apply for asylum in accordance with this section or,
where applicable, section 1225(b) of this title.
Analysis:
The main issues before the Court were two–fold. First, could a six year old child apply for asylum
without a parent or legal guardian and secondly, did the INS overstep their authority in denying the
application for asylum. Statute 8 USC § 1158 states that "any" alien could apply for asylum,
however, the INS rejected that a six year old child had the mental capacity to make that decision for
himself. The INS interviewed both the Uncle Lazaro Gonzalez and the father Juan Gonzalez and
determined that the father was the legal guardian, therefore had the right to speak for Elian
Gonzalez. Elian's reasons for seeking asylum were "fear of persecution". According to the uncle, if
Elian, were returned to Cuba,
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Solution Focused Brief Therapy Case Study
Single Case Design
Angela Permenter
Barry University
SW 685
Abstract
This study examines to effect Solution focused brief therapy has on an adolescence with anger
issues. It is hypothesized that through SFBT the client is able to decrease the amount of negative
interaction experienced and increase the amount of skills need to maintain a well–balanced lifestyle.
Counselors will examine every aspect of client's life as it pertains to the outcome of controlling
anger outburst. This study will examine the importance of identity in adolescents and lend some
understanding of on solution focused brief therapy works well with clients with anger issues.
Client Goal
Antoni Ochoa is a 13 year old 7th grader of Cuban decent who has anger issues. ... Show more
content on Helpwriting.net ...
As a continuing response to treating aggression in adolescents, counselors added a strengths–based
element to the requirements for a successful treatment. Strengths based approaches highlighted and
developed Antoni's strengths and competencies to reduce anger (Paylo, 2005). As part of the
treatment, a focus on strengths attempted to awaken talents, knowledge, and resources in the service
of achieving the client's goals and vision. Strengths–based approaches are grounded in helping
people achieve a health and well–being lifestyle. A greater emphasis is placed on finding what is
right, effective, and strong within individuals as opposed to focusing on identifying the problems.
Solution–Focused Brief Therapy was developed by Steve de Shazer (1940– 2005), Insoo Kim Berg
(1934–2007), and colleagues beginning in the late 1970s in Milwaukee, Wisconsin (Arslan,
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Mainstreeter Law Case Paper
When starting a new law firm, there are a variety of expenses. Some are a one–time start–up fees,
and others will be reoccurring. By far the biggest expense will be purchasing an office building. The
office space Mainstreeter Law hopes to purchase is a two–story house in which the entire first floor
has been converted into a traditional 3 office layout. The second floor is a 2–bedroom apartment that
is totally separated from the first–floor offices and includes its own entrance in the back. The
location and size of this office are ideal. It is in downtown Sauk Centre, and the 3 offices allow
Mainstreeter Law room to grow. At $159,000, it is a substantial investment, however, because
Mainstreeter Law is buying instead of renting, they will be able to build equity with each payment.
The monthly mortgage payment on a 15–year fixed loan with a rate of 4.18% would be $1,196 per
month. While this sounds like a lot, Mainstreeter Law would be able to rent out the upstairs
apartment to partner Nicholas Adams for $600 per month. This cuts Mainstreeter Law's month
mortgage payment to only $600. ... Show more content on Helpwriting.net ...
When adding up all of the start–up fees, they equal about $3,600. The monthly expenses, including
the $600 net mortgage payment, equates to roughly $2,600 per month. It is important to note that
this does not include salaries for any support staff. At this time, Mainstreeter Law does not intend to
hire any support staff, such as paralegals. As the firm grows, however, this will become another
expense. The average yearly salary for a paralegal in Central Minnesota is roughly $36,000. As for
partner compensation, the partners will not pay themselves a set yearly salary. Their compensation
will come from whatever surplus profit there is. End of the year bonuses will be distributed based
off of the formula listed in Section
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Essay about Katherine Mansfield's Miss Brill
Illusion vs. Reality in Miss Brill
"Miss Brill" by Katherine Mansfield is set the Jardins Publiques in France. Every Sunday Miss Brill
looks forward to getting dressed up and visiting the park, where she enjoys people watching. Her
weekly visits to the park are undoubtedly the highlight of her week, bringing her great joy and
satisfaction. There are many illusions in this story, in this essay I intend to show three different
illusions Miss Brill uses to make herself happy and how her reality is shattered at the end of the
story by a chance remark.
Miss Brill's first illusion is her fur, which she thinks of as being alive. Mansfield writes, "Dear little
thing! ...and rubbed the life back into the dim little eyes. `What has been ... Show more content on
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Miss Brill soon observes a lady and a gentleman having a brief encounter in the park, and she
imagines what is being said on between the couple. Through this encounter one sees that Miss Brill
is living vicariously through the people in the park to fulfill her loneliness. Miss Brill's voyeurism
leaves her feeling as though she has interactions with these people; this, in turn, leaves her happy
and fulfilled. The truth is she is a very lonely person looking to fill her time in the park with
imagined relationships.
Miss Brill's third illusion is that she thinks of herself as "an actress"(123) in a play. This illusion
gives Miss Brill great pleasure and exhilaration, as she thinks, "They were all on stage... they were
acting" (123) and that she is "An Actress"(123), which is an important part of her illusion. Mansfield
writes, "Who could believe the sky at the back wasn't painted?"(123). This statement leads readers
to believe that Miss Brill thinks of the sky and the park as the set of the play. She believes that the
all of the park patrons "weren't only the audience"(123) but also the actors in a great play. Miss Brill
even sees a dog that happens to be walking across the park as a " `theater' dog. She also believes that
"somebody would have noticed if she hadn't been there" (123) for her Sunday performance, and that
she would be greatly missed. In actuality she is not an actress in a play but one of the many people
enjoying the park.
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Brief Facts of the FSI Case
Future Solutions, Inc GAO Brief Facts of the Case In this case FSI argued that the agency's purchase
from the FSS should have been set aside for small business and that EPA's failure to do so violated
Federal Acquisition Regulation (FAR) ยง 19.502–2(b). This regulation normally requires an agency
to set aside purchases for small businesses where there is a sensible anticipation of getting fair
market price offers from at least two dependable small business entities. However, there is currently
no statute or regulation that requires the agency to set aside this condition for small businesses as an
alternative to purchasing from FSS vendors. FSI also argued that its answer to the agency's sources
sought notice was not practically looked at, that the 5–page limit on its answer was unfair, and that
its answer was looked at in a prejudicially unequal manner in that the large business vendors were
given the chance to make oral presentations and have discussions. FSI finally challenged that the
agency's bundling of its office supplies rations into the BPA violates requirements of the Small
Business Act, 15 U.S.C. ยง 631(j)(3), which requires agencies to steer clear of needless and
unfounded bundling of contract requirements that prevent small business participation in
procurements as prime contractors. Issue or Issues Future Solutions, Inc. (FSI) protested the award
by the Environmental Protection Agency (EPA) of a blanket purchase agreement (BPA) for office
supplies
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Case Brief : Nalwa V. Cedar Fair
CASE BRIEF PAPER: NALWA V. CEDAR FAIR, L.P. The Court Opinion A published court
opinion is the explanation of a court 's judgment on the outcome of a particular court case. A
published court opinion can include a judge's opinion when the trial court judgment is appealed to
the court of appeals. The judge's opinion typically consists of case precedents, fact analysis,
applicable law and the arguments of the attorneys for the parties. The court of appeals can have as
many as three to nine judges and therefore, there are frequently "dissenting opinions" (judges who
disagree with the majority opinion) and "concurring opinions" (judges who agree with the majority
opinion) (Hill). To locate this court opinion, I first went on the Pennsylvania State University
Database web page. From there I needed to locate the link to the "Lexis Nexis Academic." After
clicking on the link to "Lexis Nexis Academic," I clicked on "Look up a Legal Case" and located the
court opinion by typing in the case abbreviations, 290 P.3d 1158, in the search by citation box.
Introduction On July 5, 2005, Dr. Smiriti Nalwa took her two children to Great America amusement
park. The plaintiff and her two children went on the park's "Rue le Dodge" bumper car ride. The
plaintiff and her son drove in a bumper car together. After hitting several other cars, their car was
bumped from the front and then from the back. The plaintiff felt as if she needed to brace herself
and placed her hand on the car's "dashboard"
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Defamation Case Brief
Defamation is an intentional tort involving a defamatory statement made by the defendant in regards
to the plaintiff. In Steve's case he is being defamed in spoken word and written word by his
opponent, Marcus Unwell. Steve should sue his opponent for slander and label per se, as Unwell's
false comments caused Steve's integrity to be called into question; consequently, he lost his bid for
office and faced financial hardship as people began to boycott his company. Unwell's comments fall
into the category of slander per se as he alleged during speeches that Steve was an incompetent,
communist whose company sold defective products; this statement directly seeks to damage Steve's
business reputation. Steve's lawyer should also argue negligence
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Theme Of Doubleness In The Great Gatsby
II. At this point, hints have already been dropped to the reader about Gatsby and his "doubleness",
(Hays, 1), but even so Fitzgerald now begins to emphasize the extent of that "doubleness" by
showcasing not only Gatsby's strange habits, but his wealth and power as well.
Fitzgerald has already demonstrated to the reader how unrestrained Gatsby's lifestyle is, and now he
has begun to slowly affirm Nick's doubts about Gatsby. Aside from that, Fitzgerald focuses even
more so on hinting at the truth behind Gatsby's notorious rumors.
The first time the reader actually sees Gatsby use his social status for something other than parties,
is during a brief encounter with a highway policeman.
As Gatsby speeds down a highway and is stopped by a policeman, Nick witnesses him wave "a
white card from his wallet" right in front of the man's face. This gaudy display of exemption implies
that Gatsby is not at all opposed to using his social status to his benefit, morally just or not. It hints
back to the rumors floating around his parties that Gatsby is not a man to be trifled with, so much
that Fitzgerald even goes so far as to call Gatsby "second cousin to the devil" (61). Thus, his
'doubleness' as a mysterious party host and a rumored "cold–blooded killer" is brought to relevance
(Hays, 1). 2. At lunch, Nick is introduced to Meyer Wolfsheim, who very nearly exposes Gatsby's
dealings in shady business. This encounter is used to show where some of the rumors about Gatsby
might
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Millersburg Case Brief
MILLERSBURG – A Millersburg area man on Tuesday denied being in possession of firearms as he
fled the scene where he was allegedly stalking a donut delivery driver.
Andrew L. Hershberger, 40, of 4607 Township Road 302, Millersburg, pleaded not guilty in Holmes
County Municipal Court to carrying a concealed weapon, menacing by stalking, possession of
drugs, possession of drug paraphernalia and two counts of improper handling of a firearm in a motor
vehicle.
If convicted, Hershberger faces up to six years in prison.
The charges stem from a Dec. 19 incident.
Millersburg Police were called that night to a reported disturbance at a gas station along state Route
39. There, they were advised Hershberger, who had fled the gas station as they arrived, had been
following the delivery driver between his last four stops to local businesses, according to Sgt. Matt
Shaner. ... Show more content on Helpwriting.net ...
Hershberger not only admitted to following the deliveryman, but said he had several loaded
weapons – a pistol on him, a pistol on the dashboard and a rifle in the back seat – in his vehicle,
according to Shaner.
Hershberger said he thought he was compliant with Ohio's open carry law, which does not extend to
weapons in a vehicle, said Shaner.
Hershberger told the officer he had been following the deliveryman because he believed the man
was delivering either heroin or methamphetamine along his route and Hershberger indicated an
interest in intervening, said Shaner, noting police do not believe there was any substance to
Hershberger's claim.
During Hershberger's arrest, police found marijuana on him and in the car, where they also found
rolling papers, said Shaner.
Hershberger is next scheduled to appear in court for an April 13 pretrial conference. A jury trial is
scheduled for May
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Thernstrom's Argument Analysis
Robert D. Putnam et. al. and Abigail Thernstrom et. al. address affirmative action policies at
colleges and universities as a broader social issue than just an individual getting into the university
in their amicus curiae briefs. Thernstrom submitted her amici brief in favor of the petitioner, Abigail
N. Fisher et. al., and Putnam submits his amici brief in favor of the respondents, The University of
Texas et. al. The University of Texas chose not to admit Ms. Fisher, who was then a high school
student. Ms. Fisher then sued the University, arguing that the use of race in applications and
admission decisions to and of the University were discriminatory under the 14th Amendment's
Equal Protection Clause. These amici briefs were submitted ... Show more content on
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His experience in the classroom and his substantial research into both the positives and negatives of
diversity make his clear, concise arguments are incredibly convincing, especially in regards to his
own university classroom.
Thernstrom, on the other hand, appears to be attempting to make a case for self–evidence. Her
arguments, such as minority students getting into universities because of "upward–ratcheting"
appear unsubstantiated. Indeed, her claim that many minority students cannot "catch up" to other
students itself appears unsubstantiated. Further, because of she argues that many. Her omission of
Dr. Putnam's research when it directly contradicted her arguments further diminishes her amicus
curiae brief.
Affirmative action, and race–based admissions standards, are the best way to increase (or maintain)
diversity at institutions of higher learning. In spite of its perceived flaws, it has increased the
diversity at previously all–white institutions of higher learning, such as the University of Texas at
Austin, and that diversity has allowed friendships to be formed that otherwise would not have been,
has allowed students to learn from professors they otherwise would never have and allowed
professors to learn from students from a wide variety of
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The Most Important Part Of Their Job Is Writing Briefs Essay
A lawyers job is to defend their client and help them out of any situation. Lawyers have many task
they have to perform in order to help their client like going to trial, looking in the clients pass to
help with the situation, and many other things. The most important part of their job is writing briefs.
Writing briefs take time and research, so when the judge review the case they would make the
correct decision. Each practice of law do not have a specific brief assigned to them, but there are
many types of briefs to consider. The different forms of briefs are; appellate brief, legal brief,
amicus curiae, memorandum of law, and trial brief. The most effective and the most detailed brief is
the appellate brief. The appellate brief is used in appeals court to persuade the judges and jurors. The
appeal court it the second court above the lower court. Lawyers file an appeal because they believe
that the decision made in the lower courts was not fair and they would like to go to trial again. Most
trials don 't go to the appeals court unless the case is a civil case, criminal case, and or a bankruptcy
case (USCourt). During most bankruptcy cases the appellants will have to write a appellate brief.
While civil and criminal cases may appeal to the verdict. Once the decision is made in the appeals
court its final, unless the parties want the U.S Supreme Court to view the case. If the case is
submitted to the appeals court then the lawyers will have to start preparing for the
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Essay On Fight Club
He 'd probably watched Fight Club one too many times growing up, both the novel and the film had
a marked impact on Trent 's band and indeed his public persona. It 'd been a rocky road for him to
reach that place, and the character that he played was one born from necessity. Trent 's father was a
lifelong biker, and the president of a prominent outlaw MC in California. The man sold drugs,
pimped out girls and did a little bit of everything and he 'd been a convict for much of his son 's
early years. As a result, Trent was forced to grow up in group homes, and abuse from his caretakers
and older children hardened the boy, by the time his dad got out, he was a teenager and the two
reconnected with Trent frequently getting into violent ... Show more content on Helpwriting.net ...
Much of the band 's direction came from him, and he was the de facto leader of the group. There
were two brothers in the group, both were Mexican–Americans and they 'd lived their entire lives in
the L.A area just as Trent had. They were the drummer and one of the guitarists respectively. The
white guy was named Jackson and he was a longtime friend of Trent 's and another one of the
guitarists, he was an especially liberal minded giant of a guy that stood about 6 '8" and was covered
head to toe in tattoos. Of everyone in the group, he was the most hardcore against any sort of racism
and before blowing big, his claim to fame was being televised nationally at a riot, where he punched
a Nazi sympathizer in the face quite hard. He drank like a fish, but was otherwise a sweetheart with
a new family of his own, and Trent was proud to be godfather to his twins. Their bassist was Trent 's
cousin Reggie who had come from a family of musicians. In addition they had two more members,
one was an Asian–American young man who everyone called kid and the other was a black woman
who was petite but probably the most volatile in temperament which was saying something. They
were there to add texture to the sound and both handled similar duties of sampling, keyboards,
percussion and turntables. The kid 's background was in Hip–Hop initially, and he 'd been a very
popular DJ at a number of clubs before signing on, while The Female Of The Species as she liked to
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Clerical Sample
1. Clerical
a. Do they have enough to do???
b. Participant's record
i. Guidelines coming soon on retention and purging of participant files, looking at keeping files 6
year from last action on case.
2. Nan Downing: Discussion on MFP (9:15)
a. Please email Nan with the dates she can come speak at your next group meeting. Please cc Anjail
when sending this information.
3. Referrals for Services from Hospitals and Nursing Home
a. The Call Center taking referrals on persons in a nursing home
i. The second visit maybe counted as a reassessment if you have to go to the home to reassess the
individual. This is only if you created a care plan and contacted a provider and the participant does
not discharged for another 15 – 30 days. Another example ... Show more content on Helpwriting.net
...
A copy of this form shall be scanned and uploaded into the Reported Adult's (RA's) electronic
record in Case Compass. If the investigation involves more than one case, the form shall be
uploaded into the most recent case. The APCW shall complete a Case Note in all cases involving the
request to indicate into which case the SIU request was uploaded.
Your referral should state if a crime was committed, what road blocks your encounter and what do
you need SIU to assist you in the investigation.
If your case is accepted by SIU the worker will need to enter the appropriate Disposition Code, "SIU
Involved", and shall leave the case in open status while SIU continues the investigation.
9. APCW stationed at the St. Louis County Police Department
10. Personnel/Hiring
a. Attachments on OHR personnel action letters (i.e., UC, suspension, dismissals)
i. When presenting these types of letters, OHR will ensure that all attachments are included so you
can present them to the worker.
b. Performance Objectives for 2017
i. Will be setting up a meeting to discuss changes with
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The Pelican Brief Novel vs. Movie
"The Pelican Brief" Novel vs. Movie
The differences and the similarities between the novel "The Pelican Brief" by John Grisham and the
movie "The Pelican Brief" by Alan J. Pakula film. There were maybe similarities between the novel
and the movie. The story line and plot were basically the same in both the novel and the movie.
Then there were also many differences when the novel was made in to a movie. As in most cases
when a novel is made in to a movie there are certain things that are left out in the movie version.
The novel and the movie were both very suspenseful. The main characters are both the same in the
book and in the movie but are a little bit different then their counter partners in the novel/movie. In
both the movie and ... Show more content on Helpwriting.net ...
The scene in the novel where all the porno cinemas were bombed and burned to the ground was
somewhat important in the fact that it showed to state of anarchy our country is in, in this novel. The
movie neglected to use that scene in to the movie version of "The Pelican Brief." The burning down
of the porno cinemas gave an example and showed how the "Underground Military" worked. This in
a sense excluded them from the list of suspects do to there expert use of explosives. If they had
indeed were the killers of the two Chief Justices they most likely would of stuck to there area of
expertise, explosives. The main difference between the novel and the movie is that in the novel you
are introduced to more characters and there involvement in the story is explained. The movie doesn't
really introduce u as well as the novel does and this makes it harder to follow what is going on in the
movie version. It is harder in a movie to introduce a character but it seemed that it was poorly don in
"The Pelican Brief" movie version. I can understand why its easer for a novel to describe how and
what they what you to know about a particular character. Now in a movie it's your own perception
that you make of a character.
The perception that the novel is usually better than the movie version in this case is true; I preferred
reading the novel over watching the movie. The novel
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Madison Case Brief
Case Brief Summary: Marbury v. Madison
Robert L. Broadwater
PAD 525
Strayer University
Dr. O'Neal
July 09, 2012
Summary of Marbury v. Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803).
Facts
The incumbent president Federalist John Adams was defeat in the presidential election by
Democratic–Republican Thomas Jefferson. The day before leaving office, President John Adams
named forty–two justices of the peace and sixteen new circuit court justices for the District of
Columbia. This was an attempt by the Federalists to take control of the federal judiciary before
Thomas Jefferson took office. The commissions were signed by President Adams and sealed by
acting Secretary of State John Marshall but they were not delivered before ... Show more content on
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The Constitution states that "the Supreme Court shall have original jurisdiction in all cases affecting
ambassadors, other public ministers and consuls, and those in which a state shall be a party. In all
other cases, the Supreme Court shall have appellate jurisdiction." If it had been intended to leave it
in the discretion of the Legislature to apportion the judicial power between the Supreme and inferior
courts according to the will of that body, this section is mere surplusage and is entirely without
meaning. If Congress remains at liberty to give this court appellate jurisdiction where the
Constitution has declared their jurisdiction shall be original, and original jurisdiction where the
Constitution has declared it shall be appellate, the distribution of jurisdiction made in the
Constitution, is form without substance. 5. No. The Supreme Court does not have original
jurisdiction to issue writs of mandamus.
To enable this court then to issue a mandamus, it must be shown to be an exercise of appellate
jurisdiction, or to be necessary to enable them to exercise appellate jurisdiction.
It is the essential criterion of appellate jurisdiction that it revises and corrects the proceedings in a
cause already instituted, and does not create that case. Although, therefore, a mandamus may be
directed to courts, yet to issue such a writ to an officer for the delivery of a paper is, in effect, the
same as to sustain an original
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Military Soldier Narrative
Chris and I wake up in the morning in a tangle of sheets, the smell of freshly brewed coffee wafting
into our small bedroom. Chris slides out of bed with his grey and black boxer briefs hugging his
rear. I hop out of bed and give Duke a quick snuggle and pat him on his oversized head, he slowly
rolls over onto his side looking up at me patiently waiting for his belly rub. I walk out of the
bedroom and see Joss talking on her cell phone. She looks over at me and instantly hangs up on
whoever was on the other end. "Hungry"? She asks me without looking up as she prepares
scrambled eggs. "Uh...Yea"? She places a plate of eggs in front of me and continues cooking. Chris
comes out of the bedroom and receives the same strange treatment I currently ... Show more content
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There are two mismatched chairs off to the left and a large glass sliding window in front of us. The
receptionist behind the glass is wearing dark blue scrubs and immediately calls for the Dr. when she
sees all of the blood covering each of us. The vet rushes out and helps me get Chris into an exam
room and onto a table. The vet is an older gentleman with a full head of silvery white hair. He has on
a pair of glasses that he must only need to read with because he keeps peering over them with his
baby blue
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The World Trade Organization ( Wto ) Agreements
The World Trade Organization (WTO) deals with the global rules of trade between nations. It is
mainly responsible for ensuring that the trade flows smoothly, predictably and freely. The principal
objective of WTO is upliftment of the standard of living internationally; it does activities
surrounding the same.
When Ministers had adopted the Marrakesh Agreement they had also decided to include a specific
reference to Non–Governmental Organizations (NGOs) in Article V: 2. The General Council
additionally clarified the framework for relations with NGOs by adopting a set of guidelines
(WT/L/162) which "recognizes the role NGOs can play to increase the awareness of the public in
respect of WTO activities". These guidelines are instrumental for ... Show more content on
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NGOs had to demonstrate that their activities were "concerned with matters related to those of the
WTO".
Symposia
Since 1996, a number of symposia have been arranged by the Secretariat for NGOs on particular
issues of interest to civil society, namely, three on trade and the environment, one on trade and
development and one on trade facilitation. These symposia have provided, on a relaxed basis, the
opening for NGOs to discuss certain specific issues with representatives of WTO Member countries.
Day–to–day Contact
The WTO Secretariat receives a huge number of requests per day from NGOs, from all over the
world and Secretariat staff meets with NGOs on a habitual basis – both individually and as a part of
NGO organized events.
The annual report of the World Trade Organization corroborates the growing official relationship
between civil society and trade. Tucked away in a silent corner of the report is the reason that the
number of NGOs attending the WTO ministerial increased many times over, from 108 at the
Singapore ministerial in 1996 to 811 in the Hong Kong ministerial, nine years later.
The growth that occurred in the Seattle ministerial can be attributed to the mobilization of NGOs
that were in fact against the WTO. Indeed, at several points in that ministerial, including its
abandoned inauguration, official NGO delegates attempted to disrupt proceedings.
The role of NGO's in the panel proceedings has been recognized recently but their potential on how
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Case Brief
Moore v. Midwest Distribution, Inc., 76 Ark. App. 397, 65 S.W. 3d 490 (Ark. Ct. App. 2002)
FACTS: Appellee (Midwest Distribution, Inc.), who is in the business of setting up cigarette product
displays, contracted to hire appellant (Moore) in 2001 to work at its Fort Smith office. Upon
accepting employment, appellant signed an employment contract, a "Service work for Hire
Agreement" with appellee that contained a non–compete agreement – in which appellant agreed that
for one year following the termination of employment, he would not compete or provide services in
substantially similar areas. The crux of this non–compete is that it specifically delineates the scope
of the non–compete to Arkansas, Illinois, Iowa, Kansas, Missouri, ... Show more content on
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Other then fair consideration, there are also other specifications required in order for the covenant to
be enforced. (1) The employer must prove there is a legitimate business interest at risk by the
employee; (2) Public policy must remain unaffected by the covenant; (3) The restrictions of the
covenant must remain reasonable in territory limitations as well as the duration of time the covenant
has an effect on the employee, as long as he or she is able to still make a living. Employers have
taken favor to these provided addendums in employment contracts and given all the requirements
met have seen to be commonly enforced in the court of law. They are often popular in the market of
media–related jobs, or any profession related to exposed entertainment personnel, like radio and
media broadcasting. However, court systems and many states are not in total favor of this anti–
competition covenant, some states have placed their own statutory restrictions on the covenant (ex:
Florida). The state of California has actually ban these restrictive agreements when applied to
employment contracts, unless the contract is under the sell of a business. When presented in court
these covenants not to compete are handled on a case–by–case basis under each states specified
circumstances. In
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Trkulja Case Brief
TRKULJA CASE NOTE
FACTS
On December 2009, there was material on the internet about the plaintiff.
Images matter:
Pics of the plaintiff with criminal figures such as Tony Mokbel and an article, "Shooting probe urged
November 20, 2007".
–Larger photo of the plaintiff and on this page, above the article was a heading "Melbourne Crime".
Under this heading there were nine photos of various people either known to have committed
serious crimes or against whom serious criminal allegations had been made. On the other hand, the
plaintiff had never been involved in any criminal activity. He had unfortunately, been shot in the
back in 2004.
Web matter:
Consisting of the first ten results under the search term "Michael Trkulja", plus an article under the
same heading with the same nine photos and the larger photo of the plaintiff.
At trial, Google asserted the defence of innocent dissemination, both at common law and under s.32
of the Defamation Act. Google refused to take action and on 10 October 2009, an email was sent
from help@Google.com which stated:
"At this time, Google has decided not to take action based on our policies concerning content
removal. Please contact the webmaster of the page in question to have your client's name removed
from the page."
JURY
Ruled in favour of the plaintiff: Outcome of questions posed ... Show more content on
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To say as a general principle that if an entity's role is a passive one then it cannot be a publisher,
would cut across principles which have formed the basis for liability in the newsagent/library type
cases and also in those cases where someone with power to remove a defamatory publication
chooses not to do so in circumstances where an inference of consent can be drawn. [37]
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How to Brief a Case
HOW TO BRIEF A CASE Below I have sketched in the beginnings of a brief as a format. This
time–honored method of analysis is the basic unit of law school instruction and so most judicial
opinions are written to conform to this approach. Knowing the rules makes watching the game so
much more interesting. Start with the name of the Case which is called the "style" of the case.
PERLA GRAFF v. JAY L. GRAFF, 569 So. 2d 811, Fla. 1st Dist. Ct. App. (1990). First is the case
name, followed by the citation which tells where you can find the hard copy of this case. This
particular case is found in Volume 569 of the Southern Reporter, Second Series at page 811 in an
opinion written by the First District Court of Appeals for Florida in 1990. ... Show more content on
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Thus the court must then, pursuant to Sect. 61.075 divide the equitable value of the property equally,
unless there is reason to do otherwise. In this case, the Former Husband attempted to argue the asset
should still be treated differently because he only placed the Former Wife's name on the title in the
event of his demise. Even if the Court were to use that argument, the law still entitles the Former
Wife to equitable distribution of the asset because the increased value of the asset was based on the
joint efforts of both spouses as the Former Husband In making its findings the court looked at the
facts the parties used their joint checking account to make the mortgage payments and the parties
used marital monies to add a pool and replace the roof. Thus equity required that the increased value
of the marital home be treated as a marital asset subject to equal
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What Is The Mccaarty Case Brief
Assignment I– Case Brief: McCarty v. Pheasant Run , Inc.
Prof Lindsey Appiah
Tort Law
October 28, 2012
Summary of Case
Mrs. Dula McCarty brought suit against Pheasant Run Inc. for negligence. In 1981, Mrs. McCarty
was attacked by a man in her hotel room, beaten and threatened of rape. Mrs. McCarty ultimately
fought off her attacker and he fled. The attacker was never identified nor brought to justice.
Although Mrs. McCarty did not sustain serious physical injuries, she claimed the incident caused
prolonged emotional distress which led to an early retirement. An investigation revealed that a
sliding glass door, which was concealed behind curtains, was manipulated and enabled the attacker
to gain entry into her hotel room. Mrs. ... Show more content on Helpwriting.net ...
In regards to the Mrs. McCarty's sliding door, it was equipped with a lock and an additional safety
chain. The safety chain was fastened but the lock was not used. This case had evidence of
negligence but none of strict liability. There were reasonable precautions in place.
Elements of Intentional Tort Tort law enables citizens to seek reimbursement for loss and or
suffering from conduct that would be deemed dangerous or unreasonable of others (3). Tort law is
non criminal and is dealt with in our civil judicial system. The categories of Tort Law include
intentional tort, negligence and strict liability. An intentional tort case is proved by the plaintiff
showing that the defendant intentionally injured him/her (1). In a negligence case, the plaintiff
shows that the defendant did not act carefully as the law requires and therefore should be liable for
any damages to the plaintiff (1). The strict liability cases occur when a plaintiff suffers damages
even though the defendant acted carefully and with no intent of harm being done to them (1). During
a trial the plaintiff will attempt to prove their case by the presentation of evidence to the trier of fact.
The evidence usually includes testimony of persons involved; witnesses as well as physical things
such as pictures, documentation/records, recordings etc...
How a Defense is Triggered A common defense is that there was a superseding
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Case Brief
Tennessee v. Reeves. 917 S.W.2d 825 (Supreme Court of Tennessee, 1996) On the evening of
January 5, 1993, Tracie Reeves and Molly Coffman, both twelve years of age and students at West
Carroll Middle School, spoke on the telephone and decided to kill their homeroom teacher, Janice
Geiger. They agreed that Coffman would bring rat poison to school the following days so that it
could be placed in Geiger 's drink. After that , they would steal Geiger 's car and drive to the Smoky
Mountains. On the morning of January 6, Coffman placed a packet of rat poison in her purse and
board the school bus. Coffman told another student, Christy Hernandez, of the plan and show her the
poison. Hernandez went and informed her homeroom teacher, Sherry ... Show more content on
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Anderson, and used of a dangerous instrument; moreover, the court erred in failing to instruct on the
lesser included offense of assault in the third degree, and exclusion of the prior inconsistent
statement of a witness. Yes. The appellate court affirmed the judgment of the lower court and upheld
the defendant 's conviction The court had reason that these facts, taken together, constitute evidence
of presence at the scene, participation in a show of force, association, during the attack, and flight.
This evidence also supports the inference that the Mace was sprayed to incapacitate Mr. Tucker, so
as to allow Mr. Anderson and the others to leave the crime scene without restraint or further
identification of the attacker or his vehicle. This evidence is fully sufficient to support the jury 's
finding that Mr. Kobel was an accomplice in acting with Mr. Anderson with a common intent and
purpose. As an accomplice, Mr. Kobel is guilty to the same extent that Mr. Anderson is guilty.
Commonwealth v. Tluchak. 70A. 2d 657 (Supreme Court of Penn., 1950) The agreement did not
include any personal property, but it did cover: " All buildings, plumbing, heating, lighting fixtures,
storm sash, shades, blinds, awnings, shrubbery, and plants". The purchasers took possession on June
14, 1946, and discovered that certain articles which had been on the premises at the
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A Report On My Bathing Suit
So Bertholdt drove to the three of us to the party. Apparently, Krista and Ymir were neighbors, so
they co–hosted this party every year. They also had a lake in their backyard. I brought my bathing
suit. I wasn 't planning on swimming, but Reiner told me it was a swimming party, so it would be
strange not to bring a bathing suit. We pulled up by a nice looking home with many cars already
parked by. The three of us got out of the car, and walked up the driveway to the back yard. There
were maybe twenty people here already. I recognized some faces, but I didn 't know any of their
names because they were just faces I had seen in the hallway. "Hey Reiner, Hey Bertholdt!" A
familiar high pitch voice said. It was Krista, of course. "Hi Annie. ... Show more content on
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The grass was a bright green and the sand a sparkling tan. People played volleyball and badminton.
Around the side of the house, I found a place where nobody was. There was a small brick ledge,
where I sat on. I pulled my phone out and went on tumblr. I hated most forms of social media. I
hated being social, so social media was something I also hated. But tumblr, I didn 't consider really
social media, because no one on tumblr really talked about themselves. Well, they did, but it was
different, somehow to me. I scrolled through my phone. I opened my eyes. I realized I had fallen
asleep while looking on tumblr. My phone was on the grass, and I had somehow managed not to fall
off the brick ledge. The sky had grown darker, what time was it? I turned my phone on to see that it
was 7:05. I had slept for nearly two hours! My stomach grumbled. I was hungry, and I wanted food.
I knew it was a bad idea to have food or drink. Especially drink. Anyone could easily spike any
drink. Despite that, I hunger won over me and I headed toward the food table. I figured food couldn
't really be spiked anyway. There was a variety of foods up at the table. Chips, cookies, brownies,
watermelons, raspberries, carrots etc. There were also a variety of people up at the table. I picked up
a paper plate and picked up a watermelon, some raspberries and a sugar cookie. As I quickly darted
away from the table to head back to where I slept, I ran into someone. I dropped my plate
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Lstd302 Case Brief
Legal Case Brief
43271590
LSTD302
Professor Tamara Herdener
October 25, 2015
Case Citation: Florence v. Board of Chosen Freeholders of County of Burlington, 566 U.S.
___(2012).
Parties: Albert W. Florence, Plaintiff/Appellant Board of Chosen Freeholder of County of
Burlington, Defendant/Appellee
Facts: Albert Florence was arrested for an outdated warrant. Upon his arrest he was taken to the
Burlington County Detention Center where he was subject to a strip search. He remained there for
six days and then was transferred to the Essex county facility where he was subjected to another
strip search and a visual body cavity search. Florence contends that these searches violated his
Fourth and Fourteenth Amendment ... Show more content on Helpwriting.net ...
In Block v. Rutherford, 468 U. S. 576 (1984), it was concluded that banning contact visits would be
beneficial since visitors can conceal prohibited items and they can easily be transferred to the
inmates through close contact and it would be too difficult to tell which inmates have violent
tendencies as the inmate population is constantly changing. A new inmate can pose numerous risks
to the staff and existing detainee population. Therefore, it is important that correctional officers
conduct a thorough search as part of their standard procedure for all new inmates. Incoming inmates
need to be searched in order to detect any concealed contraband that may disrupt the safety and
operation of a jail as well as treating individuals who may have wounds or visual infections.
Decision: The Supreme Court affirmed the judgment of the Court of Appeals of the Third Circuit
holding that strip searches do not violate the Fourth Amendment. They concluded that due to the
likelihood of inmates smuggling illegal/prohibited items, it was reasonable that the facilities
conducted thorough searches in order to maintain the safety and order of the institutions. Comments:
New Jersey Law mandated that there needed to be a suspicion
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Analysis Of The Article ' The Pelican Brief '
The Wetlands In Grisham's novel, The Pelican Brief, he presents a case where an organization
attempts to protect the coastal marshes of Louisiana against the selfish oil companies and citizens
that wish to destroy it for money. This is a tremendous concern that people deal with in America.
John Grisham wrote The Pelican Brief, in 1992 and it was one of his best selling books. Louisiana's
marshes are being destroyed and are suffering greatly because of humans. Grisham shows extensive
knowledge of the wetlands as well as the wildlife through discussing the endangered Brown Pelican
and how humans have brought it to the brink of extinction. Numberless amounts of waterfowl, birds,
and countless species that call Louisiana home are now being terrorized thanks to non–native
species, humans and a numerous amount of different causes. The Brown Pelican, Louisiana's state
bird, has been endangered until 1995, and about half of all the geese in North America spend the
winter in the coastal marshes (Elliott, Charles). Additionally, Louisiana is the leading state for the
number of wintering ducks (¨SGP¨). The marshes are extremely important to the fowl that live there
year round and for the ones that do not. The Bobwhite Quail, that live there year round, have
suffered huge losses to their population. From 1966 they have declined 75%, primarily due to
habitat degradation (¨SGP¨). One of the reasons populations of fowl have been going down is the
result of invasive species. The common
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Narrative Essay Hurricane
It was like we were a couple of high school lovers in heat, until the heat got too hot to handle. It was
soon after a major category four hurricane dealt us a glancing blow as it rolled up the east coast of
Florida that we decided to pack a little lunch and take a ride over to the beach. It had dropped fifteen
degrees after the storm and we had the whole beach to ourselves as I laid out a blanket and sat down
to enjoy the last few hours of sunlight. The wind was just cool enough to instigate some heavy
petting and it wasn't long before we were thoroughly hot and bothered. We were like two teens in
heat, the way we were grinding and kissing like it was something new, until she panted heatedly that
I was going to have a wet spot on my shorts ... Show more content on Helpwriting.net ...
And there we were, nekkid and unafraid, her like the lion tamer under me, cracking the whip of lust
and need, imploring that I "don't stop", and in fact "harder, harder, harder!". I literally rammed my
head into a wall as my pelvis crushed her clit between us and she screamed that she was coming.
There was applause and hoots of appreciation just off in the dusk of the night, but I couldn't care
less, and either could she, as she pleaded for me to "come deep inside me" and others expletives that
were clearly used to motivate me further. She wrapped her arms around my neck and kissed me hard
before breaking it to look down between our bodies and demanded "fuck me harder". I took a deep
renewing breath and looked too as we watched my thick glistening cock piston in and out of her like
we were going to explode. Until we did. Like two head on trains, we collided one last time, and it
was my turn to exclaim. I howled like an American werewolf and to more applause and chants for
an encore, to which she blushed and pulled me down on top of her, when we all of a sudden we
became shy, but not of the least embarrassed. Happy Hump
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An Effective Purpose For Special Interest Groups And...
1.) When there is a case that a particular interest group has interest in, comes before the court, a
group has the option to file an amicus curiae brief to better present the groups breakdown of the
case. Now the impact that amicus curiae can have is that it brings policy perspective to the courts in
a way that a party's own individual brief may be unable to do so (White). The amicus curiae briefs
serve an effective purpose of advocating for special interest groups and in public business affairs.
There are circumstances in which these types of briefs could be needed to represent a client more
effectively, such as when appearing before the United States Supreme Court (White). A group will
utilize the amicus brief as a way to lobby the courts. These briefs serve a purpose of advising the
court in terms of policy ramifications and problems from a particular interest group's stance, all
while guiding the court to a fair and impartial decision. The amicus serves the role for an advocate,
but it is more effective if not acting in self–interest, but rather as means to serve others. Groups that
try to sway the decision making of the Supreme Court have been utilizing amicus briefs more often
as a tool of the court (Witte). Winning in the courts can be seen as a game of chess. Interest groups
know the game as well as anybody in the system. The amicus curiae briefs allow for these special
groups to play the game more effectively and is, in a sense, another tool at their disposal
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Millersburg Case Brief
MILLERSBURG – After the victim of an a December assault recanted significant details of the
event, her boyfriend on Thursday pleaded guilty to reduced and limited charges. Kyle Miller, 24, of
11976 Dover Road, Apple Creek, pleaded guilty in Holmes County Common Pleas Court to a
reduced charge of domestic violence and unauthorized use of a motor vehicle. In exchange for his
guilty plea, the state agreed to dismiss a related charge of felonious assault and reduced the domestic
violence charge, enhanced because she was pregnant at the time, from a fifth–degree felony to a
first–degree misdemeanor. While Miller had initially faced up to eight years in prison, he now faces
up to one year in jail for the charges to which he pleaded guilty. Sentencing is scheduled for May 4.
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Christopher Oehl. Subsequent to her more recent statements about the incident, including the fact
she caused her own injuries, the woman, Samantha G. Lyons, 24, of 618 S. Washington St.,
Millersburg, was charged in Holmes County Municipal Court with a single count of falsification.
The charge, a first–degree misdemeanor, is punishable by up to six months in jail and a $1,000 fine.
"We don't always pursue falsification charges," said Holmes County Prosecutor Sean Warner of the
situation involving Lyons, explaining, "When she changes the operative fact that was the underlying
element of the felonious assault, it warrants a (falsification) charge. "She clearly caused the injury to
herself if we are to believe her," said Warner, continuing, "There is a single wound, and, she, in
essence, framed Mr. Miller, as to that (felonious assault) charge. This is not an exaggeration (of the
facts). It's changing the operative fact of a
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Case Brief Essay
CASE BRIEF
Case: State of Missouri v. David R. Bullock, 03CR679889.MO, [www.courts.mo.gov/casenet]
Facts: At the time of the filing of his appeal, Mr. David R. Bullock had been charged and convicted
of attempted statutory rape (under RSMO 566.032 and 564.011) and attempted sexual exploitation
of a minor (under RSMO 564.011 and RSMO 566.032). David R. Bullock engaged in several
conversations via email and chat rooms with a Newton County Deputy Sheriff who was conducting
a sting operation against pedophiles. The Deputy took on a persona of a thirteen year old female by
the name of "Ashley Anne". Many of the conversations that took place between Mr. Bullock and
"Ashley" were of a sexual nature. During conversations between ... Show more content on
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Mr. Bullock requested an appeal on the basis of entrapment and sufficiency of evidence. The appeal
was granted and [The court determined] that [the defendant] in fact took substantial steps toward
committing the crimes he was convicted of; and the theory of entrapment was extinquished because
Mr. Brooks did not admit to committing the crimes and it was not proven that the commission of
these acts were not of forethought [defendant being ready and willing to commit these acts]. The
Appeal Court affirmed.
Issue: Should people be convicted of crimes that are initially staged to seek out such individuals and
are there distinguishable characteristics of acts that can be considered as "substantial steps" when it
comes to gaining a conviction on these grounds? Mr. Brooks argued that if it wasn't for the Deputy
("Ashley") engaging him in such conversations, he would have not carried out those acts. He stated
that he was only expressing his fantasies (which he was not charged or convicted of) and would not
have considered acting upon them without the inducement of the "Ashley". Secondly, he stated that
conversations regarding future plans, solicitation or arriving at the Page 3 planned location does not
constitute a "substantial step" in committing the offenses that he was convicted of. The court
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Case Brief
I: Elements of the crime
Mr. Jeffrey Skilling was one of three executives at Enron Corporation that were indicted for
manipulating financials to show the public inflated numbers about Enron's profitability. By showing
these numbers to the public they were trying to mislead the public into thinking the company was
more profitable than it really was. Mr. Jeffrey Skilling was convicted by a Texas federal district
court of conspiracy, securities fraud, making false representations to auditors, and insider trading.
Mr. Skilling had been the C.E.O. of Enron Corp. Mr. Skilling appealed, he argued he was prosecuted
by the government under an invalid legal theory and that the jury he had was biased.
II. Defenses claimed by the defense
Criminal ... Show more content on Helpwriting.net ...
Mr. Skilling had been the C.E.O. of Enron Corp. Mr. Skilling appealed, he argued he was prosecuted
by the government under an invalid legal theory and that the jury he had was biased.
III. Issues
Mr. Skilling argued that voir dire lasted only five hours and did not sufficiently question jurors. This
argument from Mr. Skilling failed because the record from the court showed that voir dire was
completed properly. Mr. Skilling also argued that the court should have never tried him in Houston.
Mr. Skilling pointed out prior cases where the Court decided that due to extreme media coverage
there was a possibility of juror prejudice that required the courts to change the venue. However, I
believe that Mr. Skilling's case differs from these prior cases which were all in small communities,
had media coverage that showed the defendant confessions, and trials that occurred right after the
crime and media coverage.
I also believe that Skilling's jury acquitted him of several charges, due to this face I believe that it is
very unlikely that there was any juror prejudice. Even though the media coverage of Skilling seems
to all be positive, I do not believe that it was not to the necessary level to show that there would be
juror prejudice. Due to all of these reasons, I do not believe that the district court made any errors by
denying Skilling's request for a venue change.
IV. Holding (the final decision)
Mr. Skilling moved to have his trial transferred
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Brief Encounter With A Person Who Changed My Life
Every day we interact with many different people. Some encounters are brief and some will be so
important that they will impact you for the rest of your life. I once had a brief encounter that turned
into a life changing event. I has an encounter with a person who profoundly changed my future
.Through the meekness that he had while dealing with my fragile broken heart. The countless hours
he spent mentoring and encouraging me through the hardest times in my life.
It was an ordinary yet cold day in October of 2008 with the temperature reaching 53 degrees. I could
see children waiting on the side of a dirt road to board the big yellow school bus. They wore big fur
jackets, boots, mittens, hats and had long double layered scarves wrapped around their small necks.
The school bus speed down the one way street and pulled over. Stumbled out the bus for his
morning cigarette while the children fought over the half upholstered wore out seats for the best
place to sit. With a hoarse voice from years of cigarette smoking the driver screamed out, ' 'children
stop running ' ', then slowly made his way back to the discolored bus and drove off. It was there on
the side of the unpaved road that my ordinary day took a turn. That was the day I met my hero and
the person who would profoundly change my life.
He stood 5'9, athletic built. His light brown almond shaped eyes screamed mystery and he walked as
if he was gliding on a skating ring. When he spoke it was of knowledge that was
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Case Brief Essay
Emily Head
CRJU 314
Koppersmith v. Alabama
742 So. 2d 206 (Ala. 1999)
Concurrences: Judge Long, Judge McMillan, and Judge Fry
Dissents: N/A
Facts:
Koppersmith and his wife Cindy were fighting in their front yard when Cindy tried to go inside. As
she tried to enter the house Koppersmith stopped her and a physical dispute ensued. Cindy fell off
the porch and into the yard. She died from a skull fractures to the back of her head.
In Koppersmith's statement he told police that him and Cindy were arguing on their front porch
when she tried to go inside. Koppersmith tried to stop her by pushing her back. In return she
punched him. He grabbed her, wrapping his arms around her, and she bit him. He slung her to the
ground then jumped ... Show more content on Helpwriting.net ...
Koppersmith's testimony of his actions portrayed a picture of unintentional events. The judge
referred to the Woods case, " there was some evidence that the appellant failed to perceive the risk
that the victim might die as a result of his actions." Because there was evidence that gave a
reasonable theory that would have supported the jury receiving instructions on criminally negligent
homicide, there was error in the trial court not giving the jury the instructions. Therefore the
judgment was reversed and the case was remanded for a new trial.
Case Significance:
The court deciphering between criminal negligence and recklessness. Criminal negligence being a
person failing to perceive a substantial and unjustifiable risk that the result will occur or that the
circumstance exists. The risk must be of such nature and degree that the failure to perceive it
constitutes a gross deviation from the standard of care that a reasonable person would observe in the
situation.
When a defendant is accused of greater offenses, he has the right to have the court charge on lesser
offenses included in the indictment, when there is a reasonable theory from the evidence that
supports the defendant's theory.
Concurrences: N/A
Dissents: N/A
Comments:
I do not agree with the trial court denying Koppersmith a jury instructed on
... Get more on HelpWriting.net ...
Case Brief Essay
Tennessee v. Reeves. 917 S.W.2d 825 (Supreme Court of Tennessee, 1996)
On the evening of January 5, 1993, Tracie Reeves and Molly Coffman, both twelve years of age and
students at West Carroll Middle School, spoke on the telephone and decided to kill their homeroom
teacher, Janice Geiger. They agreed that Coffman would bring rat poison to school the following
days so that it could be placed in Geiger's drink. After that , they would steal Geiger's car and drive
to the Smoky Mountains. On the morning of January 6, Coffman placed a packet of rat poison in her
purse and board the school bus. Coffman told another student, Christy Hernandez, of the plan and
show her the poison. Hernandez went and informed her homeroom teacher, Sherry ... Show more
content on Helpwriting.net ...
The "substantial step" issue has not yet been addressed by a Tennessee court in a published opinion,
and question is made more difficult by the fact that the legislature declined to set forth any definition
of the term, preferring instead to "leave the issue of what constitutes a substantial step [to the court]
for determination in each particular case".
Yes. The Court of Appeals is affirmed the decision of the lower court and upheld the conviction of
the defendant.
The court had reason that even though the defendant did not place the poison in the cup, but simply
brought it to the crime scene, we also are well aware that the attempt law has been consistently and
effectively criticized. One persistent criticism of the endeavor to separate "mere preparation" from
the "act itself" is merely one of the termini on a continuum of criminal activity.
State v. Kobel. 927 S.W.2d 445 (Missouri Appellate Court, Western District, 1996)
Two vehicles, including Mr. Kobel's, were moving together along Main Street near Eighteenth Street
in downtown Kansas City in the early morning hours of December 13, 1993. Both vehicle stopped
in front of a bar called "Illusions", knows as a bar frequented by homosexuals. A total of five males,
including Mr. Kobel, exited the two vehicles and began crossing the street toward the bar at
approximately the same time. Mr. Kobel was carrying a can of Mace; and
... Get more on HelpWriting.net ...
CASE Brief Essay
Case Brief
764 P.2d 1316
Supreme Court of New Mexico.
Billie J. RODMAN, Petitioner–Appellant,
v.
NEW MEXICO EMPLOYMENT SECURITY DEPARTMENT and Presbyterian Hospital,
Respondents–Appellees.
No. 17721.Nov. 30, 1988.
Written By: Lawrence Pelkey
Facts:
Billie J. Rodman, Appellant was employed by Presbyterian Hospital as a unit secretary for eight
years when, on Feb 17, 1987, she was terminated under hospital personnel policies following a
"third corrective action" notice.
Prior restrictions had been placed on Rodman's conduct due to personal problems adversely
impacting upon her place of work.
Rodman was reprimanded in June 1986 for receiving an inordinate number of personal telephone
calls and visitors at her work station, ... Show more content on Helpwriting.net ...
The boyfriend's mother called her at work and told her the boyfriend had her car keys. Rodman told
the mother to have the boyfriend call her at work. When he did, she informed him that she could not
talk to him at her duty station, and he hung up on her. He called her back and left a number where he
could be reached. She left the work area and went to the break room to call him. After returning to
her duty station, Rodman got another telephone call from her boyfriend who told her to go
downstairs to the lobby to meet him and pick up the keys. When she refused, he told her that if she
did not come down he would come up to her department. Claimant left the department to confront
her boyfriend, and, because her supervisor was at lunch in the hospital cafeteria, Rodman notified a
co–worker, a registered nurse, that she was leaving. Rodman testified, "I didn't want any kind of
confrontation at the desk, so I went downstairs." Before she left her desk, Rodman called the
employer's security guard and asked him to meet her in the lobby because she anticipated that a
problem could develop. When Rodman got to the lobby, her boyfriend started yelling and forced her
outside. In doing so, he tore her shirt. At this point the security guard arrived and observed them
arguing. Rodman was in the passenger seat of her car. The security guard instructed the boyfriend to
... Get more on HelpWriting.net ...
A Brief Description of the Case Study
A CASE STUDY IN LEAN MANUFACTURING
CONTENTS
A brief description of the case study . 2
Abstract 3
Lean Manufacturing . 4
What is Kaizen?........................................................................................ 4
Garden State Tanning . 5
Getting to Lean . .. 6
Standard Tanning Industry Operations 7
Teams are formed and new process flows are tried 7
Introduction to Kaizen (Continuous Improvement) .. 8
Improvements in cutting leather .. 9
Kanban Quantums 10
Results of becoming Lean ... Show more content on Helpwriting.net ...
For example, lean manufacturing depends on more frequent deliveries of smaller batches and
alternate production items more often.[1]
The most important benefits of lean manufacturing are:
• Reduced Scrap & Waste
• Reduced Inventory Costs
• Cross–Trained Employees
• Reduced Cycle Time
• Reduced Obsolescence
• Lower Space/Facility Requirements
• High Quality & Reliability
• Lower Overall Costs
• Self–Directed Work Teams
• Lead Time Reduction
• Fast Market Response
• Longer Machine Life
• Improved Customer Communication
• Lower Inventories
• Improved Vendor Support & Quality
• Higher Labor Efficiency & Quality
[2]
What is Kaizen?
Kaizen is a Japanese word that means to "change for the good". Doing "little things" better everyday
defines Kaizen– slow, gradual, but constant improvement– continuous improvement in any area that
will eliminate waste and improve customer satisfaction.
Kaizen is what the Japanese did to the ideas they picked up from American manufacturers in the
1950s. the Japanese combined employee empowerment and Kaizen and then had everyone in their
plants doing "little things" better everyday. Kaizen is the most powerful tool in the Japanese
manufacturing arsenal. The target of Kaizen is cost reductionthrough the elimination of waste at all
levels in the manufacturing process.
The definition of Kaizen has grown to mean something
... Get more on HelpWriting.net ...

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Case Briefs

  • 1. Case Briefs Case1 Plaintiff(14) VS Defendant(11) February 20th 1889 Fact: Two boys were in a same high school of the village of Waukesha.11 years old boy kicked another 14 years old boy which caused the boy never recovered the use of his limb. The former was sued by the latter for $2800. Issue: whether a person who unintentionally hurt another person is liable for the harm through intentional harm. Holdings: the jury rendered a verdict for the plaintiff of $2800. Rationale: the touch was the exciting or remote cause of the destruction of the bone. The case was a case of torts and it related to the assult and battery which the defendant should pay money for the plaintiff. The defendant has no proof of any other hurt, and ... Show more content on Helpwriting.net ... ,tending to prove that the cars were running improperly. Issue: whether a person who voluntarily place himself in danger to save a child is liable for negligence Holding: principles of law cannot yield to particular case, which means the intestate is liable for negligence. Rationale;as a reasonable prudent person who has the full knowledge and apprehension of the risk incurred ,the act of saving others ,which is not a duty imposed by law ,cannot relive him from negligence. The cars were being run at a very moderate speed, not over seven or eight miles per hour, that the signals required by law were given and that the child was not on the track over which the cars were passing, but on a side track near the main track. The company is not the insurer of ,or liable to those who ,of their own choice and with full notice, place themselves in the path of the train and are injured. Case 6 Plaintiff Cooley vs public Service Co. November 29.1935 Fact: During a heavy storm, several of the Public Service wires broke and fell to the ground and one of it which carried a voltage of about 1300 came into contact with the telephone messenger ,Cooley. The contact created violent agitation in the diaphragm of the receiver and a loud explosive noise. Cooley suffered from traumatic neurosis and loss of sensation on the left side. She claimed that it the defendant's consequent duty to maintain such devices at cross–overs ... Get more on HelpWriting.net ...
  • 2.
  • 3. Advantages And Disadvantages Of Being A Lawyer When people talk about lawyers, the very first time that will get into their minds is that lawyers are rich, because they often get paid with thousands and thousands of money on every case they handle. What people don't really think about is how difficult being a lawyer is. Every single day is a struggle to keep up with deadlines and meetings, there will always be paperworks to get through, especially if they're handling multiple cases. Being a lawyer can actually be a dangerous job, they could be killed regardless if they win a case or not, they could also get sick because of how much they're working. Keep reading to find out how dangerous it is to be a lawyer. "We often want to win even more than the client. We see the bigger picture, law, precedent, our reputation, plus all of the work that we put on our case because I think I've cared most of my cases far more than my clients care about their own cases." Michael Halbfish ... Show more content on Helpwriting.net ... However, what most people don't think is that it is not always about using the brain. Just because lawyers don't do physical labor doesn't mean that they don't get physically tired. They're human beings as well, so their bodies get tired too. They may not be doing extreme physically labor, it doesn't mean they don't exert physical effort. Lawyers are known to always be sitting on their desks working on paperworks, that would mean, that they would most likely get tired of sitting for too long, with back pains, as well as looking at their computers for so long that would affect their eyes. Since they are always so busy, they obviously wouldn't have so much time to work out every day and exercise is essential, they also sometimes don't eat healthy meals on time because they would most likely be relying to ... Get more on HelpWriting.net ...
  • 4.
  • 5. Case Brief Eyiesha SIngleton Style of Case and Citation: Young v. Becker & Poliakoff 88 So.3d 1002 (2012) Court Rendering Final Decision: Supreme Court of the United States ?????? Identification of Parties and Procedural Details: Who is the Plaintiff/Appellant? Who is the Defendant/Appealer? What is the cause of action? Who prevailed in lower court? Who is appealing to what court? Jacquelyn Young hired the law firm of Becker & Poliakoff to represent her in her federal employment discrimination lawsuit against her employer. The firm associate that filed the action made a mistake by attaching the wrong U.S. Equal Employment Opportunity Commission (EEOC) right–to–sue letter. The court dismissed the claims. The law firm did not ... Show more content on Helpwriting.net ... Both parties appealed Discussion of the Facts: Who did what to whom? What relief is being sought? Jacquelyn Young hired the law firm of Becker & Poliakoff to represent her in her federal employment discrimination lawsuit against her employer. The firm associate that filed the action made a mistake by attaching the wrong U.S. Equal Employment Opportunity Commission (EEOC) right–to–sue letter. The court dismissed the claims. The law firm did not try to re–file using the correct attachment, or try to dismiss the motion. Thirteen months later, the law firm informed Young that the claims had been dismissed, and that the firm was withdrawing from representing her further with the case. Young argued that the firm had a conflict of interest when it continued to represent other employees of Young's employer, and when their settlement included a rule barring the firm from suing the employer in the future. Young believed that the firm had waited to pursue her case until its other case was settled. The jury determined that Becker & Poliakoff knew that the case had been dismissed, but withheld that information from Young so they could settle the other case and secure the $2.9 million fee and cost reimbursement in that case. The jury returned a verdict for Young of $394,000 in compensatory damages as a result of Becker & Poliakoff's breach of fiduciary duty. The total compensatory damages consisted of $144,000 in past lost wages and $250,000 in damages for ... Get more on HelpWriting.net ...
  • 6.
  • 7. Case Analysis : Brief Analysis 1. CASE ANALYSIS: Brief analysis/summary On Nov 5th, 2015, United States Food and Drug Administration (FDA) issued a warning letter addressed to Mr. Satish Reddy, the chairman of Dr. Reddy Laboratories Ltd. The warning letter was issued after the FDA inspected three of Dr. Reddy's plants located in different parts of India, locations in Srikakulam, Miryalguda and Duvvada (Unit VI, V and VII) on November 17th – 21st 2014, January 26th–31st and February 26th to March 6th 2015 respectively. The FDA, upon inspection, discovered that the facilities were not in compliance with the current Good Manufacturing Practices (cGMP). Facilities at Srikakulam and Miryalguda were deviating from the cGMP for the manufacture of active pharmaceutical ingredient whereas the third facility at Duvvada violated cGMP for finished pharmaceuticals products as per 21 Code of Federal Regulations (CFR) Part 210 and 211. The deviations and the violations led to both, the API and the finished products, to be considered as adulterated as per the section 501(a)(2)(B) of the Food, Drug and Cosmetic Act and 21 U.S.C. 351(a)(2)(B). The manufacturing, packaging, and holding processes in these facilities did not conform to the standards of cGMP. The responses that were sent to FDA earlier to the issuance of this warning letter also didn't address the issues sufficiently. The FDA now requires a written response to the warning letter by Dr. Reddy's Laboratories to respond within 15 working days about the ... Get more on HelpWriting.net ...
  • 8.
  • 9. Case Brief Memorandum Essay kaplan university– pa401 advanced legal writing | Case Brief Draft | Unit 3 Assignment | | Vicky Hunter | 1/21/2013 | | memorandum to: victoria corbo, esq. from: vICKY hUNTER– pARALEGAL Subject: Case Brief date: 3/2/2013 ––––––––––––––––––––––––––––––––––––––––––––––––– CC: Tony T. Smith Gonzalez v. Reno, 212 F.3d 1338 (11th Cir. 2000) Procedural History: Plaintiff, Elian Gonzalez, a six year old minor, through his "next of friend", Lazaro Gonzalez, filed an asylum application with the INS (Immigration & Naturalization Service), which was denied. The plaintiff's then filed a claim in the federal district court which stated the Plaintiff's due process rights were violated and the INS had overstepped ... Show more content on Helpwriting.net ... Issue: Whether a minor child can file for asylum without the consent of a parent or legal guardian? Rule: 8 U.S.C.A. § 1158 (West 2012) states any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien's status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title. Analysis: The main issues before the Court were two–fold. First, could a six year old child apply for asylum without a parent or legal guardian and secondly, did the INS overstep their authority in denying the application for asylum. Statute 8 USC § 1158 states that "any" alien could apply for asylum, however, the INS rejected that a six year old child had the mental capacity to make that decision for himself. The INS interviewed both the Uncle Lazaro Gonzalez and the father Juan Gonzalez and determined that the father was the legal guardian, therefore had the right to speak for Elian
  • 10. Gonzalez. Elian's reasons for seeking asylum were "fear of persecution". According to the uncle, if Elian, were returned to Cuba, ... Get more on HelpWriting.net ...
  • 11.
  • 12. Solution Focused Brief Therapy Case Study Single Case Design Angela Permenter Barry University SW 685 Abstract This study examines to effect Solution focused brief therapy has on an adolescence with anger issues. It is hypothesized that through SFBT the client is able to decrease the amount of negative interaction experienced and increase the amount of skills need to maintain a well–balanced lifestyle. Counselors will examine every aspect of client's life as it pertains to the outcome of controlling anger outburst. This study will examine the importance of identity in adolescents and lend some understanding of on solution focused brief therapy works well with clients with anger issues. Client Goal Antoni Ochoa is a 13 year old 7th grader of Cuban decent who has anger issues. ... Show more content on Helpwriting.net ... As a continuing response to treating aggression in adolescents, counselors added a strengths–based element to the requirements for a successful treatment. Strengths based approaches highlighted and developed Antoni's strengths and competencies to reduce anger (Paylo, 2005). As part of the treatment, a focus on strengths attempted to awaken talents, knowledge, and resources in the service of achieving the client's goals and vision. Strengths–based approaches are grounded in helping people achieve a health and well–being lifestyle. A greater emphasis is placed on finding what is right, effective, and strong within individuals as opposed to focusing on identifying the problems. Solution–Focused Brief Therapy was developed by Steve de Shazer (1940– 2005), Insoo Kim Berg (1934–2007), and colleagues beginning in the late 1970s in Milwaukee, Wisconsin (Arslan, ... Get more on HelpWriting.net ...
  • 13.
  • 14. Mainstreeter Law Case Paper When starting a new law firm, there are a variety of expenses. Some are a one–time start–up fees, and others will be reoccurring. By far the biggest expense will be purchasing an office building. The office space Mainstreeter Law hopes to purchase is a two–story house in which the entire first floor has been converted into a traditional 3 office layout. The second floor is a 2–bedroom apartment that is totally separated from the first–floor offices and includes its own entrance in the back. The location and size of this office are ideal. It is in downtown Sauk Centre, and the 3 offices allow Mainstreeter Law room to grow. At $159,000, it is a substantial investment, however, because Mainstreeter Law is buying instead of renting, they will be able to build equity with each payment. The monthly mortgage payment on a 15–year fixed loan with a rate of 4.18% would be $1,196 per month. While this sounds like a lot, Mainstreeter Law would be able to rent out the upstairs apartment to partner Nicholas Adams for $600 per month. This cuts Mainstreeter Law's month mortgage payment to only $600. ... Show more content on Helpwriting.net ... When adding up all of the start–up fees, they equal about $3,600. The monthly expenses, including the $600 net mortgage payment, equates to roughly $2,600 per month. It is important to note that this does not include salaries for any support staff. At this time, Mainstreeter Law does not intend to hire any support staff, such as paralegals. As the firm grows, however, this will become another expense. The average yearly salary for a paralegal in Central Minnesota is roughly $36,000. As for partner compensation, the partners will not pay themselves a set yearly salary. Their compensation will come from whatever surplus profit there is. End of the year bonuses will be distributed based off of the formula listed in Section ... Get more on HelpWriting.net ...
  • 15.
  • 16. Essay about Katherine Mansfield's Miss Brill Illusion vs. Reality in Miss Brill "Miss Brill" by Katherine Mansfield is set the Jardins Publiques in France. Every Sunday Miss Brill looks forward to getting dressed up and visiting the park, where she enjoys people watching. Her weekly visits to the park are undoubtedly the highlight of her week, bringing her great joy and satisfaction. There are many illusions in this story, in this essay I intend to show three different illusions Miss Brill uses to make herself happy and how her reality is shattered at the end of the story by a chance remark. Miss Brill's first illusion is her fur, which she thinks of as being alive. Mansfield writes, "Dear little thing! ...and rubbed the life back into the dim little eyes. `What has been ... Show more content on Helpwriting.net ... Miss Brill soon observes a lady and a gentleman having a brief encounter in the park, and she imagines what is being said on between the couple. Through this encounter one sees that Miss Brill is living vicariously through the people in the park to fulfill her loneliness. Miss Brill's voyeurism leaves her feeling as though she has interactions with these people; this, in turn, leaves her happy and fulfilled. The truth is she is a very lonely person looking to fill her time in the park with imagined relationships. Miss Brill's third illusion is that she thinks of herself as "an actress"(123) in a play. This illusion gives Miss Brill great pleasure and exhilaration, as she thinks, "They were all on stage... they were acting" (123) and that she is "An Actress"(123), which is an important part of her illusion. Mansfield writes, "Who could believe the sky at the back wasn't painted?"(123). This statement leads readers to believe that Miss Brill thinks of the sky and the park as the set of the play. She believes that the all of the park patrons "weren't only the audience"(123) but also the actors in a great play. Miss Brill even sees a dog that happens to be walking across the park as a " `theater' dog. She also believes that "somebody would have noticed if she hadn't been there" (123) for her Sunday performance, and that she would be greatly missed. In actuality she is not an actress in a play but one of the many people enjoying the park. ... Get more on HelpWriting.net ...
  • 17.
  • 18. Brief Facts of the FSI Case Future Solutions, Inc GAO Brief Facts of the Case In this case FSI argued that the agency's purchase from the FSS should have been set aside for small business and that EPA's failure to do so violated Federal Acquisition Regulation (FAR) ยง 19.502–2(b). This regulation normally requires an agency to set aside purchases for small businesses where there is a sensible anticipation of getting fair market price offers from at least two dependable small business entities. However, there is currently no statute or regulation that requires the agency to set aside this condition for small businesses as an alternative to purchasing from FSS vendors. FSI also argued that its answer to the agency's sources sought notice was not practically looked at, that the 5–page limit on its answer was unfair, and that its answer was looked at in a prejudicially unequal manner in that the large business vendors were given the chance to make oral presentations and have discussions. FSI finally challenged that the agency's bundling of its office supplies rations into the BPA violates requirements of the Small Business Act, 15 U.S.C. ยง 631(j)(3), which requires agencies to steer clear of needless and unfounded bundling of contract requirements that prevent small business participation in procurements as prime contractors. Issue or Issues Future Solutions, Inc. (FSI) protested the award by the Environmental Protection Agency (EPA) of a blanket purchase agreement (BPA) for office supplies ... Get more on HelpWriting.net ...
  • 19.
  • 20. Case Brief : Nalwa V. Cedar Fair CASE BRIEF PAPER: NALWA V. CEDAR FAIR, L.P. The Court Opinion A published court opinion is the explanation of a court 's judgment on the outcome of a particular court case. A published court opinion can include a judge's opinion when the trial court judgment is appealed to the court of appeals. The judge's opinion typically consists of case precedents, fact analysis, applicable law and the arguments of the attorneys for the parties. The court of appeals can have as many as three to nine judges and therefore, there are frequently "dissenting opinions" (judges who disagree with the majority opinion) and "concurring opinions" (judges who agree with the majority opinion) (Hill). To locate this court opinion, I first went on the Pennsylvania State University Database web page. From there I needed to locate the link to the "Lexis Nexis Academic." After clicking on the link to "Lexis Nexis Academic," I clicked on "Look up a Legal Case" and located the court opinion by typing in the case abbreviations, 290 P.3d 1158, in the search by citation box. Introduction On July 5, 2005, Dr. Smiriti Nalwa took her two children to Great America amusement park. The plaintiff and her two children went on the park's "Rue le Dodge" bumper car ride. The plaintiff and her son drove in a bumper car together. After hitting several other cars, their car was bumped from the front and then from the back. The plaintiff felt as if she needed to brace herself and placed her hand on the car's "dashboard" ... Get more on HelpWriting.net ...
  • 21.
  • 22. Defamation Case Brief Defamation is an intentional tort involving a defamatory statement made by the defendant in regards to the plaintiff. In Steve's case he is being defamed in spoken word and written word by his opponent, Marcus Unwell. Steve should sue his opponent for slander and label per se, as Unwell's false comments caused Steve's integrity to be called into question; consequently, he lost his bid for office and faced financial hardship as people began to boycott his company. Unwell's comments fall into the category of slander per se as he alleged during speeches that Steve was an incompetent, communist whose company sold defective products; this statement directly seeks to damage Steve's business reputation. Steve's lawyer should also argue negligence ... Get more on HelpWriting.net ...
  • 23.
  • 24. Theme Of Doubleness In The Great Gatsby II. At this point, hints have already been dropped to the reader about Gatsby and his "doubleness", (Hays, 1), but even so Fitzgerald now begins to emphasize the extent of that "doubleness" by showcasing not only Gatsby's strange habits, but his wealth and power as well. Fitzgerald has already demonstrated to the reader how unrestrained Gatsby's lifestyle is, and now he has begun to slowly affirm Nick's doubts about Gatsby. Aside from that, Fitzgerald focuses even more so on hinting at the truth behind Gatsby's notorious rumors. The first time the reader actually sees Gatsby use his social status for something other than parties, is during a brief encounter with a highway policeman. As Gatsby speeds down a highway and is stopped by a policeman, Nick witnesses him wave "a white card from his wallet" right in front of the man's face. This gaudy display of exemption implies that Gatsby is not at all opposed to using his social status to his benefit, morally just or not. It hints back to the rumors floating around his parties that Gatsby is not a man to be trifled with, so much that Fitzgerald even goes so far as to call Gatsby "second cousin to the devil" (61). Thus, his 'doubleness' as a mysterious party host and a rumored "cold–blooded killer" is brought to relevance (Hays, 1). 2. At lunch, Nick is introduced to Meyer Wolfsheim, who very nearly exposes Gatsby's dealings in shady business. This encounter is used to show where some of the rumors about Gatsby might ... Get more on HelpWriting.net ...
  • 25.
  • 26. Millersburg Case Brief MILLERSBURG – A Millersburg area man on Tuesday denied being in possession of firearms as he fled the scene where he was allegedly stalking a donut delivery driver. Andrew L. Hershberger, 40, of 4607 Township Road 302, Millersburg, pleaded not guilty in Holmes County Municipal Court to carrying a concealed weapon, menacing by stalking, possession of drugs, possession of drug paraphernalia and two counts of improper handling of a firearm in a motor vehicle. If convicted, Hershberger faces up to six years in prison. The charges stem from a Dec. 19 incident. Millersburg Police were called that night to a reported disturbance at a gas station along state Route 39. There, they were advised Hershberger, who had fled the gas station as they arrived, had been following the delivery driver between his last four stops to local businesses, according to Sgt. Matt Shaner. ... Show more content on Helpwriting.net ... Hershberger not only admitted to following the deliveryman, but said he had several loaded weapons – a pistol on him, a pistol on the dashboard and a rifle in the back seat – in his vehicle, according to Shaner. Hershberger said he thought he was compliant with Ohio's open carry law, which does not extend to weapons in a vehicle, said Shaner. Hershberger told the officer he had been following the deliveryman because he believed the man was delivering either heroin or methamphetamine along his route and Hershberger indicated an interest in intervening, said Shaner, noting police do not believe there was any substance to Hershberger's claim. During Hershberger's arrest, police found marijuana on him and in the car, where they also found rolling papers, said Shaner. Hershberger is next scheduled to appear in court for an April 13 pretrial conference. A jury trial is scheduled for May ... Get more on HelpWriting.net ...
  • 27.
  • 28. Thernstrom's Argument Analysis Robert D. Putnam et. al. and Abigail Thernstrom et. al. address affirmative action policies at colleges and universities as a broader social issue than just an individual getting into the university in their amicus curiae briefs. Thernstrom submitted her amici brief in favor of the petitioner, Abigail N. Fisher et. al., and Putnam submits his amici brief in favor of the respondents, The University of Texas et. al. The University of Texas chose not to admit Ms. Fisher, who was then a high school student. Ms. Fisher then sued the University, arguing that the use of race in applications and admission decisions to and of the University were discriminatory under the 14th Amendment's Equal Protection Clause. These amici briefs were submitted ... Show more content on Helpwriting.net ... His experience in the classroom and his substantial research into both the positives and negatives of diversity make his clear, concise arguments are incredibly convincing, especially in regards to his own university classroom. Thernstrom, on the other hand, appears to be attempting to make a case for self–evidence. Her arguments, such as minority students getting into universities because of "upward–ratcheting" appear unsubstantiated. Indeed, her claim that many minority students cannot "catch up" to other students itself appears unsubstantiated. Further, because of she argues that many. Her omission of Dr. Putnam's research when it directly contradicted her arguments further diminishes her amicus curiae brief. Affirmative action, and race–based admissions standards, are the best way to increase (or maintain) diversity at institutions of higher learning. In spite of its perceived flaws, it has increased the diversity at previously all–white institutions of higher learning, such as the University of Texas at Austin, and that diversity has allowed friendships to be formed that otherwise would not have been, has allowed students to learn from professors they otherwise would never have and allowed professors to learn from students from a wide variety of ... Get more on HelpWriting.net ...
  • 29.
  • 30. The Most Important Part Of Their Job Is Writing Briefs Essay A lawyers job is to defend their client and help them out of any situation. Lawyers have many task they have to perform in order to help their client like going to trial, looking in the clients pass to help with the situation, and many other things. The most important part of their job is writing briefs. Writing briefs take time and research, so when the judge review the case they would make the correct decision. Each practice of law do not have a specific brief assigned to them, but there are many types of briefs to consider. The different forms of briefs are; appellate brief, legal brief, amicus curiae, memorandum of law, and trial brief. The most effective and the most detailed brief is the appellate brief. The appellate brief is used in appeals court to persuade the judges and jurors. The appeal court it the second court above the lower court. Lawyers file an appeal because they believe that the decision made in the lower courts was not fair and they would like to go to trial again. Most trials don 't go to the appeals court unless the case is a civil case, criminal case, and or a bankruptcy case (USCourt). During most bankruptcy cases the appellants will have to write a appellate brief. While civil and criminal cases may appeal to the verdict. Once the decision is made in the appeals court its final, unless the parties want the U.S Supreme Court to view the case. If the case is submitted to the appeals court then the lawyers will have to start preparing for the ... Get more on HelpWriting.net ...
  • 31.
  • 32. Essay On Fight Club He 'd probably watched Fight Club one too many times growing up, both the novel and the film had a marked impact on Trent 's band and indeed his public persona. It 'd been a rocky road for him to reach that place, and the character that he played was one born from necessity. Trent 's father was a lifelong biker, and the president of a prominent outlaw MC in California. The man sold drugs, pimped out girls and did a little bit of everything and he 'd been a convict for much of his son 's early years. As a result, Trent was forced to grow up in group homes, and abuse from his caretakers and older children hardened the boy, by the time his dad got out, he was a teenager and the two reconnected with Trent frequently getting into violent ... Show more content on Helpwriting.net ... Much of the band 's direction came from him, and he was the de facto leader of the group. There were two brothers in the group, both were Mexican–Americans and they 'd lived their entire lives in the L.A area just as Trent had. They were the drummer and one of the guitarists respectively. The white guy was named Jackson and he was a longtime friend of Trent 's and another one of the guitarists, he was an especially liberal minded giant of a guy that stood about 6 '8" and was covered head to toe in tattoos. Of everyone in the group, he was the most hardcore against any sort of racism and before blowing big, his claim to fame was being televised nationally at a riot, where he punched a Nazi sympathizer in the face quite hard. He drank like a fish, but was otherwise a sweetheart with a new family of his own, and Trent was proud to be godfather to his twins. Their bassist was Trent 's cousin Reggie who had come from a family of musicians. In addition they had two more members, one was an Asian–American young man who everyone called kid and the other was a black woman who was petite but probably the most volatile in temperament which was saying something. They were there to add texture to the sound and both handled similar duties of sampling, keyboards, percussion and turntables. The kid 's background was in Hip–Hop initially, and he 'd been a very popular DJ at a number of clubs before signing on, while The Female Of The Species as she liked to ... Get more on HelpWriting.net ...
  • 33.
  • 34. Clerical Sample 1. Clerical a. Do they have enough to do??? b. Participant's record i. Guidelines coming soon on retention and purging of participant files, looking at keeping files 6 year from last action on case. 2. Nan Downing: Discussion on MFP (9:15) a. Please email Nan with the dates she can come speak at your next group meeting. Please cc Anjail when sending this information. 3. Referrals for Services from Hospitals and Nursing Home a. The Call Center taking referrals on persons in a nursing home i. The second visit maybe counted as a reassessment if you have to go to the home to reassess the individual. This is only if you created a care plan and contacted a provider and the participant does not discharged for another 15 – 30 days. Another example ... Show more content on Helpwriting.net ... A copy of this form shall be scanned and uploaded into the Reported Adult's (RA's) electronic record in Case Compass. If the investigation involves more than one case, the form shall be uploaded into the most recent case. The APCW shall complete a Case Note in all cases involving the request to indicate into which case the SIU request was uploaded. Your referral should state if a crime was committed, what road blocks your encounter and what do you need SIU to assist you in the investigation. If your case is accepted by SIU the worker will need to enter the appropriate Disposition Code, "SIU Involved", and shall leave the case in open status while SIU continues the investigation. 9. APCW stationed at the St. Louis County Police Department 10. Personnel/Hiring a. Attachments on OHR personnel action letters (i.e., UC, suspension, dismissals) i. When presenting these types of letters, OHR will ensure that all attachments are included so you can present them to the worker. b. Performance Objectives for 2017 i. Will be setting up a meeting to discuss changes with ... Get more on HelpWriting.net ...
  • 35.
  • 36. The Pelican Brief Novel vs. Movie "The Pelican Brief" Novel vs. Movie The differences and the similarities between the novel "The Pelican Brief" by John Grisham and the movie "The Pelican Brief" by Alan J. Pakula film. There were maybe similarities between the novel and the movie. The story line and plot were basically the same in both the novel and the movie. Then there were also many differences when the novel was made in to a movie. As in most cases when a novel is made in to a movie there are certain things that are left out in the movie version. The novel and the movie were both very suspenseful. The main characters are both the same in the book and in the movie but are a little bit different then their counter partners in the novel/movie. In both the movie and ... Show more content on Helpwriting.net ... The scene in the novel where all the porno cinemas were bombed and burned to the ground was somewhat important in the fact that it showed to state of anarchy our country is in, in this novel. The movie neglected to use that scene in to the movie version of "The Pelican Brief." The burning down of the porno cinemas gave an example and showed how the "Underground Military" worked. This in a sense excluded them from the list of suspects do to there expert use of explosives. If they had indeed were the killers of the two Chief Justices they most likely would of stuck to there area of expertise, explosives. The main difference between the novel and the movie is that in the novel you are introduced to more characters and there involvement in the story is explained. The movie doesn't really introduce u as well as the novel does and this makes it harder to follow what is going on in the movie version. It is harder in a movie to introduce a character but it seemed that it was poorly don in "The Pelican Brief" movie version. I can understand why its easer for a novel to describe how and what they what you to know about a particular character. Now in a movie it's your own perception that you make of a character. The perception that the novel is usually better than the movie version in this case is true; I preferred reading the novel over watching the movie. The novel ... Get more on HelpWriting.net ...
  • 37.
  • 38. Madison Case Brief Case Brief Summary: Marbury v. Madison Robert L. Broadwater PAD 525 Strayer University Dr. O'Neal July 09, 2012 Summary of Marbury v. Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803). Facts The incumbent president Federalist John Adams was defeat in the presidential election by Democratic–Republican Thomas Jefferson. The day before leaving office, President John Adams named forty–two justices of the peace and sixteen new circuit court justices for the District of Columbia. This was an attempt by the Federalists to take control of the federal judiciary before Thomas Jefferson took office. The commissions were signed by President Adams and sealed by acting Secretary of State John Marshall but they were not delivered before ... Show more content on Helpwriting.net ... The Constitution states that "the Supreme Court shall have original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. In all other cases, the Supreme Court shall have appellate jurisdiction." If it had been intended to leave it in the discretion of the Legislature to apportion the judicial power between the Supreme and inferior courts according to the will of that body, this section is mere surplusage and is entirely without meaning. If Congress remains at liberty to give this court appellate jurisdiction where the Constitution has declared their jurisdiction shall be original, and original jurisdiction where the Constitution has declared it shall be appellate, the distribution of jurisdiction made in the Constitution, is form without substance. 5. No. The Supreme Court does not have original jurisdiction to issue writs of mandamus. To enable this court then to issue a mandamus, it must be shown to be an exercise of appellate jurisdiction, or to be necessary to enable them to exercise appellate jurisdiction. It is the essential criterion of appellate jurisdiction that it revises and corrects the proceedings in a cause already instituted, and does not create that case. Although, therefore, a mandamus may be directed to courts, yet to issue such a writ to an officer for the delivery of a paper is, in effect, the same as to sustain an original
  • 39. ... Get more on HelpWriting.net ...
  • 40.
  • 41. Military Soldier Narrative Chris and I wake up in the morning in a tangle of sheets, the smell of freshly brewed coffee wafting into our small bedroom. Chris slides out of bed with his grey and black boxer briefs hugging his rear. I hop out of bed and give Duke a quick snuggle and pat him on his oversized head, he slowly rolls over onto his side looking up at me patiently waiting for his belly rub. I walk out of the bedroom and see Joss talking on her cell phone. She looks over at me and instantly hangs up on whoever was on the other end. "Hungry"? She asks me without looking up as she prepares scrambled eggs. "Uh...Yea"? She places a plate of eggs in front of me and continues cooking. Chris comes out of the bedroom and receives the same strange treatment I currently ... Show more content on Helpwriting.net ... There are two mismatched chairs off to the left and a large glass sliding window in front of us. The receptionist behind the glass is wearing dark blue scrubs and immediately calls for the Dr. when she sees all of the blood covering each of us. The vet rushes out and helps me get Chris into an exam room and onto a table. The vet is an older gentleman with a full head of silvery white hair. He has on a pair of glasses that he must only need to read with because he keeps peering over them with his baby blue ... Get more on HelpWriting.net ...
  • 42.
  • 43. The World Trade Organization ( Wto ) Agreements The World Trade Organization (WTO) deals with the global rules of trade between nations. It is mainly responsible for ensuring that the trade flows smoothly, predictably and freely. The principal objective of WTO is upliftment of the standard of living internationally; it does activities surrounding the same. When Ministers had adopted the Marrakesh Agreement they had also decided to include a specific reference to Non–Governmental Organizations (NGOs) in Article V: 2. The General Council additionally clarified the framework for relations with NGOs by adopting a set of guidelines (WT/L/162) which "recognizes the role NGOs can play to increase the awareness of the public in respect of WTO activities". These guidelines are instrumental for ... Show more content on Helpwriting.net ... NGOs had to demonstrate that their activities were "concerned with matters related to those of the WTO". Symposia Since 1996, a number of symposia have been arranged by the Secretariat for NGOs on particular issues of interest to civil society, namely, three on trade and the environment, one on trade and development and one on trade facilitation. These symposia have provided, on a relaxed basis, the opening for NGOs to discuss certain specific issues with representatives of WTO Member countries. Day–to–day Contact The WTO Secretariat receives a huge number of requests per day from NGOs, from all over the world and Secretariat staff meets with NGOs on a habitual basis – both individually and as a part of NGO organized events. The annual report of the World Trade Organization corroborates the growing official relationship between civil society and trade. Tucked away in a silent corner of the report is the reason that the number of NGOs attending the WTO ministerial increased many times over, from 108 at the Singapore ministerial in 1996 to 811 in the Hong Kong ministerial, nine years later. The growth that occurred in the Seattle ministerial can be attributed to the mobilization of NGOs that were in fact against the WTO. Indeed, at several points in that ministerial, including its abandoned inauguration, official NGO delegates attempted to disrupt proceedings. The role of NGO's in the panel proceedings has been recognized recently but their potential on how ... Get more on HelpWriting.net ...
  • 44.
  • 45. Case Brief Moore v. Midwest Distribution, Inc., 76 Ark. App. 397, 65 S.W. 3d 490 (Ark. Ct. App. 2002) FACTS: Appellee (Midwest Distribution, Inc.), who is in the business of setting up cigarette product displays, contracted to hire appellant (Moore) in 2001 to work at its Fort Smith office. Upon accepting employment, appellant signed an employment contract, a "Service work for Hire Agreement" with appellee that contained a non–compete agreement – in which appellant agreed that for one year following the termination of employment, he would not compete or provide services in substantially similar areas. The crux of this non–compete is that it specifically delineates the scope of the non–compete to Arkansas, Illinois, Iowa, Kansas, Missouri, ... Show more content on Helpwriting.net ... Other then fair consideration, there are also other specifications required in order for the covenant to be enforced. (1) The employer must prove there is a legitimate business interest at risk by the employee; (2) Public policy must remain unaffected by the covenant; (3) The restrictions of the covenant must remain reasonable in territory limitations as well as the duration of time the covenant has an effect on the employee, as long as he or she is able to still make a living. Employers have taken favor to these provided addendums in employment contracts and given all the requirements met have seen to be commonly enforced in the court of law. They are often popular in the market of media–related jobs, or any profession related to exposed entertainment personnel, like radio and media broadcasting. However, court systems and many states are not in total favor of this anti– competition covenant, some states have placed their own statutory restrictions on the covenant (ex: Florida). The state of California has actually ban these restrictive agreements when applied to employment contracts, unless the contract is under the sell of a business. When presented in court these covenants not to compete are handled on a case–by–case basis under each states specified circumstances. In ... Get more on HelpWriting.net ...
  • 46.
  • 47. Trkulja Case Brief TRKULJA CASE NOTE FACTS On December 2009, there was material on the internet about the plaintiff. Images matter: Pics of the plaintiff with criminal figures such as Tony Mokbel and an article, "Shooting probe urged November 20, 2007". –Larger photo of the plaintiff and on this page, above the article was a heading "Melbourne Crime". Under this heading there were nine photos of various people either known to have committed serious crimes or against whom serious criminal allegations had been made. On the other hand, the plaintiff had never been involved in any criminal activity. He had unfortunately, been shot in the back in 2004. Web matter: Consisting of the first ten results under the search term "Michael Trkulja", plus an article under the same heading with the same nine photos and the larger photo of the plaintiff. At trial, Google asserted the defence of innocent dissemination, both at common law and under s.32 of the Defamation Act. Google refused to take action and on 10 October 2009, an email was sent from help@Google.com which stated: "At this time, Google has decided not to take action based on our policies concerning content removal. Please contact the webmaster of the page in question to have your client's name removed from the page." JURY Ruled in favour of the plaintiff: Outcome of questions posed ... Show more content on Helpwriting.net ... To say as a general principle that if an entity's role is a passive one then it cannot be a publisher, would cut across principles which have formed the basis for liability in the newsagent/library type cases and also in those cases where someone with power to remove a defamatory publication chooses not to do so in circumstances where an inference of consent can be drawn. [37]
  • 48. ... Get more on HelpWriting.net ...
  • 49.
  • 50. How to Brief a Case HOW TO BRIEF A CASE Below I have sketched in the beginnings of a brief as a format. This time–honored method of analysis is the basic unit of law school instruction and so most judicial opinions are written to conform to this approach. Knowing the rules makes watching the game so much more interesting. Start with the name of the Case which is called the "style" of the case. PERLA GRAFF v. JAY L. GRAFF, 569 So. 2d 811, Fla. 1st Dist. Ct. App. (1990). First is the case name, followed by the citation which tells where you can find the hard copy of this case. This particular case is found in Volume 569 of the Southern Reporter, Second Series at page 811 in an opinion written by the First District Court of Appeals for Florida in 1990. ... Show more content on Helpwriting.net ... Thus the court must then, pursuant to Sect. 61.075 divide the equitable value of the property equally, unless there is reason to do otherwise. In this case, the Former Husband attempted to argue the asset should still be treated differently because he only placed the Former Wife's name on the title in the event of his demise. Even if the Court were to use that argument, the law still entitles the Former Wife to equitable distribution of the asset because the increased value of the asset was based on the joint efforts of both spouses as the Former Husband In making its findings the court looked at the facts the parties used their joint checking account to make the mortgage payments and the parties used marital monies to add a pool and replace the roof. Thus equity required that the increased value of the marital home be treated as a marital asset subject to equal ... Get more on HelpWriting.net ...
  • 51.
  • 52. What Is The Mccaarty Case Brief Assignment I– Case Brief: McCarty v. Pheasant Run , Inc. Prof Lindsey Appiah Tort Law October 28, 2012 Summary of Case Mrs. Dula McCarty brought suit against Pheasant Run Inc. for negligence. In 1981, Mrs. McCarty was attacked by a man in her hotel room, beaten and threatened of rape. Mrs. McCarty ultimately fought off her attacker and he fled. The attacker was never identified nor brought to justice. Although Mrs. McCarty did not sustain serious physical injuries, she claimed the incident caused prolonged emotional distress which led to an early retirement. An investigation revealed that a sliding glass door, which was concealed behind curtains, was manipulated and enabled the attacker to gain entry into her hotel room. Mrs. ... Show more content on Helpwriting.net ... In regards to the Mrs. McCarty's sliding door, it was equipped with a lock and an additional safety chain. The safety chain was fastened but the lock was not used. This case had evidence of negligence but none of strict liability. There were reasonable precautions in place. Elements of Intentional Tort Tort law enables citizens to seek reimbursement for loss and or suffering from conduct that would be deemed dangerous or unreasonable of others (3). Tort law is non criminal and is dealt with in our civil judicial system. The categories of Tort Law include intentional tort, negligence and strict liability. An intentional tort case is proved by the plaintiff showing that the defendant intentionally injured him/her (1). In a negligence case, the plaintiff shows that the defendant did not act carefully as the law requires and therefore should be liable for any damages to the plaintiff (1). The strict liability cases occur when a plaintiff suffers damages even though the defendant acted carefully and with no intent of harm being done to them (1). During a trial the plaintiff will attempt to prove their case by the presentation of evidence to the trier of fact. The evidence usually includes testimony of persons involved; witnesses as well as physical things such as pictures, documentation/records, recordings etc... How a Defense is Triggered A common defense is that there was a superseding ... Get more on HelpWriting.net ...
  • 53.
  • 54. Case Brief Tennessee v. Reeves. 917 S.W.2d 825 (Supreme Court of Tennessee, 1996) On the evening of January 5, 1993, Tracie Reeves and Molly Coffman, both twelve years of age and students at West Carroll Middle School, spoke on the telephone and decided to kill their homeroom teacher, Janice Geiger. They agreed that Coffman would bring rat poison to school the following days so that it could be placed in Geiger 's drink. After that , they would steal Geiger 's car and drive to the Smoky Mountains. On the morning of January 6, Coffman placed a packet of rat poison in her purse and board the school bus. Coffman told another student, Christy Hernandez, of the plan and show her the poison. Hernandez went and informed her homeroom teacher, Sherry ... Show more content on Helpwriting.net ... Anderson, and used of a dangerous instrument; moreover, the court erred in failing to instruct on the lesser included offense of assault in the third degree, and exclusion of the prior inconsistent statement of a witness. Yes. The appellate court affirmed the judgment of the lower court and upheld the defendant 's conviction The court had reason that these facts, taken together, constitute evidence of presence at the scene, participation in a show of force, association, during the attack, and flight. This evidence also supports the inference that the Mace was sprayed to incapacitate Mr. Tucker, so as to allow Mr. Anderson and the others to leave the crime scene without restraint or further identification of the attacker or his vehicle. This evidence is fully sufficient to support the jury 's finding that Mr. Kobel was an accomplice in acting with Mr. Anderson with a common intent and purpose. As an accomplice, Mr. Kobel is guilty to the same extent that Mr. Anderson is guilty. Commonwealth v. Tluchak. 70A. 2d 657 (Supreme Court of Penn., 1950) The agreement did not include any personal property, but it did cover: " All buildings, plumbing, heating, lighting fixtures, storm sash, shades, blinds, awnings, shrubbery, and plants". The purchasers took possession on June 14, 1946, and discovered that certain articles which had been on the premises at the ... Get more on HelpWriting.net ...
  • 55.
  • 56. A Report On My Bathing Suit So Bertholdt drove to the three of us to the party. Apparently, Krista and Ymir were neighbors, so they co–hosted this party every year. They also had a lake in their backyard. I brought my bathing suit. I wasn 't planning on swimming, but Reiner told me it was a swimming party, so it would be strange not to bring a bathing suit. We pulled up by a nice looking home with many cars already parked by. The three of us got out of the car, and walked up the driveway to the back yard. There were maybe twenty people here already. I recognized some faces, but I didn 't know any of their names because they were just faces I had seen in the hallway. "Hey Reiner, Hey Bertholdt!" A familiar high pitch voice said. It was Krista, of course. "Hi Annie. ... Show more content on Helpwriting.net ... The grass was a bright green and the sand a sparkling tan. People played volleyball and badminton. Around the side of the house, I found a place where nobody was. There was a small brick ledge, where I sat on. I pulled my phone out and went on tumblr. I hated most forms of social media. I hated being social, so social media was something I also hated. But tumblr, I didn 't consider really social media, because no one on tumblr really talked about themselves. Well, they did, but it was different, somehow to me. I scrolled through my phone. I opened my eyes. I realized I had fallen asleep while looking on tumblr. My phone was on the grass, and I had somehow managed not to fall off the brick ledge. The sky had grown darker, what time was it? I turned my phone on to see that it was 7:05. I had slept for nearly two hours! My stomach grumbled. I was hungry, and I wanted food. I knew it was a bad idea to have food or drink. Especially drink. Anyone could easily spike any drink. Despite that, I hunger won over me and I headed toward the food table. I figured food couldn 't really be spiked anyway. There was a variety of foods up at the table. Chips, cookies, brownies, watermelons, raspberries, carrots etc. There were also a variety of people up at the table. I picked up a paper plate and picked up a watermelon, some raspberries and a sugar cookie. As I quickly darted away from the table to head back to where I slept, I ran into someone. I dropped my plate ... Get more on HelpWriting.net ...
  • 57.
  • 58. Lstd302 Case Brief Legal Case Brief 43271590 LSTD302 Professor Tamara Herdener October 25, 2015 Case Citation: Florence v. Board of Chosen Freeholders of County of Burlington, 566 U.S. ___(2012). Parties: Albert W. Florence, Plaintiff/Appellant Board of Chosen Freeholder of County of Burlington, Defendant/Appellee Facts: Albert Florence was arrested for an outdated warrant. Upon his arrest he was taken to the Burlington County Detention Center where he was subject to a strip search. He remained there for six days and then was transferred to the Essex county facility where he was subjected to another strip search and a visual body cavity search. Florence contends that these searches violated his Fourth and Fourteenth Amendment ... Show more content on Helpwriting.net ... In Block v. Rutherford, 468 U. S. 576 (1984), it was concluded that banning contact visits would be beneficial since visitors can conceal prohibited items and they can easily be transferred to the inmates through close contact and it would be too difficult to tell which inmates have violent tendencies as the inmate population is constantly changing. A new inmate can pose numerous risks to the staff and existing detainee population. Therefore, it is important that correctional officers conduct a thorough search as part of their standard procedure for all new inmates. Incoming inmates need to be searched in order to detect any concealed contraband that may disrupt the safety and operation of a jail as well as treating individuals who may have wounds or visual infections. Decision: The Supreme Court affirmed the judgment of the Court of Appeals of the Third Circuit holding that strip searches do not violate the Fourth Amendment. They concluded that due to the likelihood of inmates smuggling illegal/prohibited items, it was reasonable that the facilities conducted thorough searches in order to maintain the safety and order of the institutions. Comments: New Jersey Law mandated that there needed to be a suspicion
  • 59. ... Get more on HelpWriting.net ...
  • 60.
  • 61. Analysis Of The Article ' The Pelican Brief ' The Wetlands In Grisham's novel, The Pelican Brief, he presents a case where an organization attempts to protect the coastal marshes of Louisiana against the selfish oil companies and citizens that wish to destroy it for money. This is a tremendous concern that people deal with in America. John Grisham wrote The Pelican Brief, in 1992 and it was one of his best selling books. Louisiana's marshes are being destroyed and are suffering greatly because of humans. Grisham shows extensive knowledge of the wetlands as well as the wildlife through discussing the endangered Brown Pelican and how humans have brought it to the brink of extinction. Numberless amounts of waterfowl, birds, and countless species that call Louisiana home are now being terrorized thanks to non–native species, humans and a numerous amount of different causes. The Brown Pelican, Louisiana's state bird, has been endangered until 1995, and about half of all the geese in North America spend the winter in the coastal marshes (Elliott, Charles). Additionally, Louisiana is the leading state for the number of wintering ducks (¨SGP¨). The marshes are extremely important to the fowl that live there year round and for the ones that do not. The Bobwhite Quail, that live there year round, have suffered huge losses to their population. From 1966 they have declined 75%, primarily due to habitat degradation (¨SGP¨). One of the reasons populations of fowl have been going down is the result of invasive species. The common ... Get more on HelpWriting.net ...
  • 62.
  • 63. Narrative Essay Hurricane It was like we were a couple of high school lovers in heat, until the heat got too hot to handle. It was soon after a major category four hurricane dealt us a glancing blow as it rolled up the east coast of Florida that we decided to pack a little lunch and take a ride over to the beach. It had dropped fifteen degrees after the storm and we had the whole beach to ourselves as I laid out a blanket and sat down to enjoy the last few hours of sunlight. The wind was just cool enough to instigate some heavy petting and it wasn't long before we were thoroughly hot and bothered. We were like two teens in heat, the way we were grinding and kissing like it was something new, until she panted heatedly that I was going to have a wet spot on my shorts ... Show more content on Helpwriting.net ... And there we were, nekkid and unafraid, her like the lion tamer under me, cracking the whip of lust and need, imploring that I "don't stop", and in fact "harder, harder, harder!". I literally rammed my head into a wall as my pelvis crushed her clit between us and she screamed that she was coming. There was applause and hoots of appreciation just off in the dusk of the night, but I couldn't care less, and either could she, as she pleaded for me to "come deep inside me" and others expletives that were clearly used to motivate me further. She wrapped her arms around my neck and kissed me hard before breaking it to look down between our bodies and demanded "fuck me harder". I took a deep renewing breath and looked too as we watched my thick glistening cock piston in and out of her like we were going to explode. Until we did. Like two head on trains, we collided one last time, and it was my turn to exclaim. I howled like an American werewolf and to more applause and chants for an encore, to which she blushed and pulled me down on top of her, when we all of a sudden we became shy, but not of the least embarrassed. Happy Hump ... Get more on HelpWriting.net ...
  • 64.
  • 65. An Effective Purpose For Special Interest Groups And... 1.) When there is a case that a particular interest group has interest in, comes before the court, a group has the option to file an amicus curiae brief to better present the groups breakdown of the case. Now the impact that amicus curiae can have is that it brings policy perspective to the courts in a way that a party's own individual brief may be unable to do so (White). The amicus curiae briefs serve an effective purpose of advocating for special interest groups and in public business affairs. There are circumstances in which these types of briefs could be needed to represent a client more effectively, such as when appearing before the United States Supreme Court (White). A group will utilize the amicus brief as a way to lobby the courts. These briefs serve a purpose of advising the court in terms of policy ramifications and problems from a particular interest group's stance, all while guiding the court to a fair and impartial decision. The amicus serves the role for an advocate, but it is more effective if not acting in self–interest, but rather as means to serve others. Groups that try to sway the decision making of the Supreme Court have been utilizing amicus briefs more often as a tool of the court (Witte). Winning in the courts can be seen as a game of chess. Interest groups know the game as well as anybody in the system. The amicus curiae briefs allow for these special groups to play the game more effectively and is, in a sense, another tool at their disposal ... Get more on HelpWriting.net ...
  • 66.
  • 67. Millersburg Case Brief MILLERSBURG – After the victim of an a December assault recanted significant details of the event, her boyfriend on Thursday pleaded guilty to reduced and limited charges. Kyle Miller, 24, of 11976 Dover Road, Apple Creek, pleaded guilty in Holmes County Common Pleas Court to a reduced charge of domestic violence and unauthorized use of a motor vehicle. In exchange for his guilty plea, the state agreed to dismiss a related charge of felonious assault and reduced the domestic violence charge, enhanced because she was pregnant at the time, from a fifth–degree felony to a first–degree misdemeanor. While Miller had initially faced up to eight years in prison, he now faces up to one year in jail for the charges to which he pleaded guilty. Sentencing is scheduled for May 4. ... Show more content on Helpwriting.net ... Christopher Oehl. Subsequent to her more recent statements about the incident, including the fact she caused her own injuries, the woman, Samantha G. Lyons, 24, of 618 S. Washington St., Millersburg, was charged in Holmes County Municipal Court with a single count of falsification. The charge, a first–degree misdemeanor, is punishable by up to six months in jail and a $1,000 fine. "We don't always pursue falsification charges," said Holmes County Prosecutor Sean Warner of the situation involving Lyons, explaining, "When she changes the operative fact that was the underlying element of the felonious assault, it warrants a (falsification) charge. "She clearly caused the injury to herself if we are to believe her," said Warner, continuing, "There is a single wound, and, she, in essence, framed Mr. Miller, as to that (felonious assault) charge. This is not an exaggeration (of the facts). It's changing the operative fact of a ... Get more on HelpWriting.net ...
  • 68.
  • 69. Case Brief Essay CASE BRIEF Case: State of Missouri v. David R. Bullock, 03CR679889.MO, [www.courts.mo.gov/casenet] Facts: At the time of the filing of his appeal, Mr. David R. Bullock had been charged and convicted of attempted statutory rape (under RSMO 566.032 and 564.011) and attempted sexual exploitation of a minor (under RSMO 564.011 and RSMO 566.032). David R. Bullock engaged in several conversations via email and chat rooms with a Newton County Deputy Sheriff who was conducting a sting operation against pedophiles. The Deputy took on a persona of a thirteen year old female by the name of "Ashley Anne". Many of the conversations that took place between Mr. Bullock and "Ashley" were of a sexual nature. During conversations between ... Show more content on Helpwriting.net ... Mr. Bullock requested an appeal on the basis of entrapment and sufficiency of evidence. The appeal was granted and [The court determined] that [the defendant] in fact took substantial steps toward committing the crimes he was convicted of; and the theory of entrapment was extinquished because Mr. Brooks did not admit to committing the crimes and it was not proven that the commission of these acts were not of forethought [defendant being ready and willing to commit these acts]. The Appeal Court affirmed. Issue: Should people be convicted of crimes that are initially staged to seek out such individuals and are there distinguishable characteristics of acts that can be considered as "substantial steps" when it comes to gaining a conviction on these grounds? Mr. Brooks argued that if it wasn't for the Deputy ("Ashley") engaging him in such conversations, he would have not carried out those acts. He stated that he was only expressing his fantasies (which he was not charged or convicted of) and would not have considered acting upon them without the inducement of the "Ashley". Secondly, he stated that conversations regarding future plans, solicitation or arriving at the Page 3 planned location does not constitute a "substantial step" in committing the offenses that he was convicted of. The court ... Get more on HelpWriting.net ...
  • 70.
  • 71. Case Brief I: Elements of the crime Mr. Jeffrey Skilling was one of three executives at Enron Corporation that were indicted for manipulating financials to show the public inflated numbers about Enron's profitability. By showing these numbers to the public they were trying to mislead the public into thinking the company was more profitable than it really was. Mr. Jeffrey Skilling was convicted by a Texas federal district court of conspiracy, securities fraud, making false representations to auditors, and insider trading. Mr. Skilling had been the C.E.O. of Enron Corp. Mr. Skilling appealed, he argued he was prosecuted by the government under an invalid legal theory and that the jury he had was biased. II. Defenses claimed by the defense Criminal ... Show more content on Helpwriting.net ... Mr. Skilling had been the C.E.O. of Enron Corp. Mr. Skilling appealed, he argued he was prosecuted by the government under an invalid legal theory and that the jury he had was biased. III. Issues Mr. Skilling argued that voir dire lasted only five hours and did not sufficiently question jurors. This argument from Mr. Skilling failed because the record from the court showed that voir dire was completed properly. Mr. Skilling also argued that the court should have never tried him in Houston. Mr. Skilling pointed out prior cases where the Court decided that due to extreme media coverage there was a possibility of juror prejudice that required the courts to change the venue. However, I believe that Mr. Skilling's case differs from these prior cases which were all in small communities, had media coverage that showed the defendant confessions, and trials that occurred right after the crime and media coverage. I also believe that Skilling's jury acquitted him of several charges, due to this face I believe that it is very unlikely that there was any juror prejudice. Even though the media coverage of Skilling seems to all be positive, I do not believe that it was not to the necessary level to show that there would be juror prejudice. Due to all of these reasons, I do not believe that the district court made any errors by denying Skilling's request for a venue change. IV. Holding (the final decision) Mr. Skilling moved to have his trial transferred ... Get more on HelpWriting.net ...
  • 72.
  • 73. Brief Encounter With A Person Who Changed My Life Every day we interact with many different people. Some encounters are brief and some will be so important that they will impact you for the rest of your life. I once had a brief encounter that turned into a life changing event. I has an encounter with a person who profoundly changed my future .Through the meekness that he had while dealing with my fragile broken heart. The countless hours he spent mentoring and encouraging me through the hardest times in my life. It was an ordinary yet cold day in October of 2008 with the temperature reaching 53 degrees. I could see children waiting on the side of a dirt road to board the big yellow school bus. They wore big fur jackets, boots, mittens, hats and had long double layered scarves wrapped around their small necks. The school bus speed down the one way street and pulled over. Stumbled out the bus for his morning cigarette while the children fought over the half upholstered wore out seats for the best place to sit. With a hoarse voice from years of cigarette smoking the driver screamed out, ' 'children stop running ' ', then slowly made his way back to the discolored bus and drove off. It was there on the side of the unpaved road that my ordinary day took a turn. That was the day I met my hero and the person who would profoundly change my life. He stood 5'9, athletic built. His light brown almond shaped eyes screamed mystery and he walked as if he was gliding on a skating ring. When he spoke it was of knowledge that was ... Get more on HelpWriting.net ...
  • 74.
  • 75. Case Brief Essay Emily Head CRJU 314 Koppersmith v. Alabama 742 So. 2d 206 (Ala. 1999) Concurrences: Judge Long, Judge McMillan, and Judge Fry Dissents: N/A Facts: Koppersmith and his wife Cindy were fighting in their front yard when Cindy tried to go inside. As she tried to enter the house Koppersmith stopped her and a physical dispute ensued. Cindy fell off the porch and into the yard. She died from a skull fractures to the back of her head. In Koppersmith's statement he told police that him and Cindy were arguing on their front porch when she tried to go inside. Koppersmith tried to stop her by pushing her back. In return she punched him. He grabbed her, wrapping his arms around her, and she bit him. He slung her to the ground then jumped ... Show more content on Helpwriting.net ... Koppersmith's testimony of his actions portrayed a picture of unintentional events. The judge referred to the Woods case, " there was some evidence that the appellant failed to perceive the risk that the victim might die as a result of his actions." Because there was evidence that gave a reasonable theory that would have supported the jury receiving instructions on criminally negligent homicide, there was error in the trial court not giving the jury the instructions. Therefore the judgment was reversed and the case was remanded for a new trial. Case Significance: The court deciphering between criminal negligence and recklessness. Criminal negligence being a person failing to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. When a defendant is accused of greater offenses, he has the right to have the court charge on lesser offenses included in the indictment, when there is a reasonable theory from the evidence that supports the defendant's theory. Concurrences: N/A Dissents: N/A Comments: I do not agree with the trial court denying Koppersmith a jury instructed on
  • 76. ... Get more on HelpWriting.net ...
  • 77.
  • 78. Case Brief Essay Tennessee v. Reeves. 917 S.W.2d 825 (Supreme Court of Tennessee, 1996) On the evening of January 5, 1993, Tracie Reeves and Molly Coffman, both twelve years of age and students at West Carroll Middle School, spoke on the telephone and decided to kill their homeroom teacher, Janice Geiger. They agreed that Coffman would bring rat poison to school the following days so that it could be placed in Geiger's drink. After that , they would steal Geiger's car and drive to the Smoky Mountains. On the morning of January 6, Coffman placed a packet of rat poison in her purse and board the school bus. Coffman told another student, Christy Hernandez, of the plan and show her the poison. Hernandez went and informed her homeroom teacher, Sherry ... Show more content on Helpwriting.net ... The "substantial step" issue has not yet been addressed by a Tennessee court in a published opinion, and question is made more difficult by the fact that the legislature declined to set forth any definition of the term, preferring instead to "leave the issue of what constitutes a substantial step [to the court] for determination in each particular case". Yes. The Court of Appeals is affirmed the decision of the lower court and upheld the conviction of the defendant. The court had reason that even though the defendant did not place the poison in the cup, but simply brought it to the crime scene, we also are well aware that the attempt law has been consistently and effectively criticized. One persistent criticism of the endeavor to separate "mere preparation" from the "act itself" is merely one of the termini on a continuum of criminal activity. State v. Kobel. 927 S.W.2d 445 (Missouri Appellate Court, Western District, 1996) Two vehicles, including Mr. Kobel's, were moving together along Main Street near Eighteenth Street in downtown Kansas City in the early morning hours of December 13, 1993. Both vehicle stopped in front of a bar called "Illusions", knows as a bar frequented by homosexuals. A total of five males, including Mr. Kobel, exited the two vehicles and began crossing the street toward the bar at approximately the same time. Mr. Kobel was carrying a can of Mace; and ... Get more on HelpWriting.net ...
  • 79.
  • 80. CASE Brief Essay Case Brief 764 P.2d 1316 Supreme Court of New Mexico. Billie J. RODMAN, Petitioner–Appellant, v. NEW MEXICO EMPLOYMENT SECURITY DEPARTMENT and Presbyterian Hospital, Respondents–Appellees. No. 17721.Nov. 30, 1988. Written By: Lawrence Pelkey Facts: Billie J. Rodman, Appellant was employed by Presbyterian Hospital as a unit secretary for eight years when, on Feb 17, 1987, she was terminated under hospital personnel policies following a "third corrective action" notice. Prior restrictions had been placed on Rodman's conduct due to personal problems adversely impacting upon her place of work. Rodman was reprimanded in June 1986 for receiving an inordinate number of personal telephone calls and visitors at her work station, ... Show more content on Helpwriting.net ... The boyfriend's mother called her at work and told her the boyfriend had her car keys. Rodman told the mother to have the boyfriend call her at work. When he did, she informed him that she could not talk to him at her duty station, and he hung up on her. He called her back and left a number where he could be reached. She left the work area and went to the break room to call him. After returning to her duty station, Rodman got another telephone call from her boyfriend who told her to go downstairs to the lobby to meet him and pick up the keys. When she refused, he told her that if she did not come down he would come up to her department. Claimant left the department to confront her boyfriend, and, because her supervisor was at lunch in the hospital cafeteria, Rodman notified a co–worker, a registered nurse, that she was leaving. Rodman testified, "I didn't want any kind of confrontation at the desk, so I went downstairs." Before she left her desk, Rodman called the employer's security guard and asked him to meet her in the lobby because she anticipated that a problem could develop. When Rodman got to the lobby, her boyfriend started yelling and forced her outside. In doing so, he tore her shirt. At this point the security guard arrived and observed them arguing. Rodman was in the passenger seat of her car. The security guard instructed the boyfriend to ... Get more on HelpWriting.net ...
  • 81.
  • 82. A Brief Description of the Case Study A CASE STUDY IN LEAN MANUFACTURING CONTENTS A brief description of the case study . 2 Abstract 3 Lean Manufacturing . 4 What is Kaizen?........................................................................................ 4 Garden State Tanning . 5 Getting to Lean . .. 6 Standard Tanning Industry Operations 7 Teams are formed and new process flows are tried 7 Introduction to Kaizen (Continuous Improvement) .. 8 Improvements in cutting leather .. 9 Kanban Quantums 10 Results of becoming Lean ... Show more content on Helpwriting.net ... For example, lean manufacturing depends on more frequent deliveries of smaller batches and alternate production items more often.[1] The most important benefits of lean manufacturing are: • Reduced Scrap & Waste • Reduced Inventory Costs • Cross–Trained Employees • Reduced Cycle Time • Reduced Obsolescence • Lower Space/Facility Requirements • High Quality & Reliability • Lower Overall Costs • Self–Directed Work Teams • Lead Time Reduction • Fast Market Response • Longer Machine Life • Improved Customer Communication • Lower Inventories
  • 83. • Improved Vendor Support & Quality • Higher Labor Efficiency & Quality [2] What is Kaizen? Kaizen is a Japanese word that means to "change for the good". Doing "little things" better everyday defines Kaizen– slow, gradual, but constant improvement– continuous improvement in any area that will eliminate waste and improve customer satisfaction. Kaizen is what the Japanese did to the ideas they picked up from American manufacturers in the 1950s. the Japanese combined employee empowerment and Kaizen and then had everyone in their plants doing "little things" better everyday. Kaizen is the most powerful tool in the Japanese manufacturing arsenal. The target of Kaizen is cost reductionthrough the elimination of waste at all levels in the manufacturing process. The definition of Kaizen has grown to mean something ... Get more on HelpWriting.net ...