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Asic V. Palmer
LAW OF BUSNESS ASSOSIATIONS
This essay will discuss obligatory elements in implementing the breach of Section 184 of the
Corporations Act 2001 by Mr Clive Palmer. Corporation law is a wide concept of law which
comprise of all the legal issues related to Business organisations. With the help of reference to
relevant case law this essay will argue that Mr Palmer breached section 184 of the Corporation Act
2001 by not acting in good faith, improper use of position and information and intentional bad
business judgements. This essay will provide sufficient evidence that Mr Palmer should be
examined by ASIC, hence agreeing with the voluntary administrator.
In Australian Securities and Investments Commission (ASIC) v Adler (2002).The court held a ...
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In order to prove the breach of section 184, the following rules and duties must have been violated.
A director commits an offence if they are reckless or intentionally dishonest, and fail to exercise
their powers and discharge their duties in good faith in the best interests of the corporation or for a
proper purpose .As mentioned earlier Mr Palmer was reckless in decision making by waving loans
and using the company assets for private benefits and the company suffered had to go in voluntary
administration. The second offence that needs to the violation of section 184 is that when a director
commits an offence if they use their position with intentional dishonesty or recklessly in order to
directly or indirectly gain an advantage for themselves, or someone else, or cause detriment to the
corporation. Mr Palmer acted as a shadow director and his nephew agreed with all the decisions the
corporation made such as political donations and transferring funds to another firms owned by Mr
Palmer that caused detriment to Queensland Nickel. The third offence is a person who obtains
information because they are, or have been, a director of a corporation commits an offence if they
use the information with intentional dishonesty or recklessly. As
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Movie Summary Of The Movie Brothers
Plot Summary
The movie for this essay is Brothers (2009), the film opens with Captain Sam Cahill as the main
character who is a marine captain. Having been married to her high school lover, they had two
daughters. This is an indication that Sam was also a family man. Before Sam is set to depart to
Afghanistan, his brother Tommy is released from a prison where he had been convicted of armed
robbery at a bank. After Sam departs to Afghanistan in October 2007, news emerge that Sam's
chopper had crashed in an operation and all the marines inside it had died.
However, we come to realize that the chopper had crashed and Cahill and private Joe Willis had
been taken into captivity by the Taliban. As Sam Cahill is tortured as a prisoner of war by ... Show
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Some of the symptom of PSTD that he shows are as discussed in the following incidents captured in
the film. For instance, when Cahill returns home, he shows a sense of fear and abnormality when
Grace walks in the bathroom when he locked the door but the lock was broken (Butcher et al.,
2014). Even after his wife kisses him inside the bathroom after the return, Sam seems less concerned
and detached from what she is doing. Cahill also seems to be avoiding people and wants to stay in
his compound after coming back from the war. Even after his own father asks him to go to the
mechanic while trying to fix his car he looks around and doesn't want to leave his compound. Also,
when Cahill is in the kitchen late at night because he can't sleep, immediately pulls his gun out when
he hears a dog barking in the back yard, he patrols with the gun in the back yard at night. Another
incidence that clearly shows a symptom of PSTD in Cahill is the way he approached the marine
superior and asked to be deployed back in Afghanistan with his men. (Butcher et al., 2014). Cahill
exhibits symptoms of aggressive anger and portrays distorted views of himself when Cahill destroys
the remodeled kitchen yelling at grace. Later, when Sam is haunted from intrusive memories every
time Grace asks him what happened in Afghanistan.
Diagnoses.
According to DSM–5 criteria, Sam Cahill is a perfect candidate to be
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Movie Summary Of The Movie Black Hawk Down
Movie Summary
The movie Black Hawk Down is based on a true story. It takes place in Somalia in October of 1993.
A warlord by the name of Mohamed Farrah Aidid seized control of Mogadishu, the capital city of
Somalia. He accomplished this by capturing shipments of international food supplies at the ports
and used hunger as his weapon. More than 300,000 Somalians died by starvation. The United States
responded by sending in Delta Force, U.S. Army Rangers, and the 160TH Special Operations
Aviation Regiment (SOAR) to capture Mohamed. It was a mission that was to only last three weeks
but, turned into six weeks. General Garrison, commanding general of the U.S. forces, formulated a
plan to capture two high value targets to try and draw ... Show more content on Helpwriting.net ...
You can see how SSG Eversmen does not agree with the answer they got. His reaction brought forth
the principle of utility also known as the greatest–happiness principle. This principle states, "when
choosing a course of action, always pick the one that will maximize happiness and minimize
unhappiness for the greatest number of people" (Rosenstand, p.232). In SSG Eversmen's eyes,
intervening would have maximized the happiness of those starving by allowing them to get to eat
and saving them from getting shot.
Another moral issue that appears is during a conversation between Staff Sergeant Eversmen and a
few of his brothers in arms. The platoon's lieutenant is reading a book about Somalian culture and is
laughing about some of the things he is reading. One of the sergeants tells the lieutenant that Staff
Sergeant Eversmen likes the Somalian people. Staff Sergeant Eversmen explains it's not a matter of
liking them or not liking them, he is just trying to better understand them. This points out one of the
six problems of ethical relativism. The problem is not criticizing or praising cultures. In other words,
"we have no right to criticize other cultures, period" (Rosenstand, p.131). Staff Sergeant Eversmen
was trying to be understanding of not just the Somalian culture, but also, the civil war they were in
the middle of.
A final moral issue happens when one of Staff Sergeant Eversmen's good friends, Sergeant Smith,
gets shot. The wound caused by the bullet
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The Case Lawsuit Filed Suit
Now through undersigned counsel, come Defendant, Lauris Hollis ("Defendant"), who respectfully
request that this Court grant their Motion for Summary Judgment dismissing the Plaintiff 's claims
against him. Defendant move this Court for a Summary Judgment on the grounds that the Plaintiff
has no cause of action, no right of action or no interest in the plaintiff to institute the suit and it
should be dismissed.
UNDISPUTED MATERIAL FACTS
1. The Plaintiff filed suit on April 7, 2015, in Livingston Parish for a 2004 loan made to Mr. Hollis
through the CFS Private Education Undergraduate Loan Program by Charter One Bank, N.A. for
$26,484.00 with a "Deferral Period Margin of 4.85, Repayment Period Margin of 4.85" and a Loan
Origination Fee Percentage of 9.5.
2. Mr. Hollis is enrolled FULLTIME AS A CANDIDATE for a Doctorate of Philosophy,
Oceanography and Coastal Sciences at Louisiana State University in the Department of
Oceanography and Coastal Sciences.
3. At the beginning of each of the Fall and Spring semesters from 2010 to 2012, Mr. Hollis
forwarded deferment forms for Privately Insured Loans to the American Education Services.
4. On April 28, 2015, Jeremy Nusloch an attorney at the firm of Couch, Conville & Blitt received
notice of Mr. Hollis fulltime enrollment at LSU; however, they refuse to dismiss the case even
though the loan should be in deferment.
5. Thus, Couch, Conville & Blitt continue to prosecute the claim against Mr. Hollis in bad faith.
6. CFS is
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Should A Business Have Civil Liability For The Criminal...
Should a Business have civil liability for the criminal acts of its employee? Over the years, civil
suits have been brought against firms because of the actions of their employees. Firms are expected
to have a duty of care to select, train and supervise their employees since these employees were
hired to represent them ("An Employers liability", 2014). If a criminal act is committed by an
employee, then there has been a breach of the duty of care. Many advocates of these suits have come
under the doctrine of respondeat superior (Lype, 2000)which lays liability on a firm if its employee
commits an illegal act under employment and the criminal act was carried out to seek benefit.
Hence, the admission of civil liability by a company for criminal acts of its employees is dependent
on variable factors which should be considered before the firm can be deemed liable or not. Acting
Within the Scope of Employment A company can be held liable if the criminal act committed was
within the scope of employment and is beneficial to the firm. Employees are representatives of a
firm and their actions within the scope of the firm are received as the actions of the firm. To act
within the scope of employment, the employee must have the actual delegated authority to act or
engage in a particular act (Lype, 2000). It is assumed an employee who has delegated authority is
acting within and representing the firm. The firm can be therefore held liable for any criminal act
committed by the
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OHS Hazard identification and risk assessment policies and...
OHS HAZARD IDENTIFICATION AND RISK ASSESSMENT REVIEW OF POLICIES AND
PROCEDURES
GENERAL POLICY
This policy recognizes that Conference and Banqueting Venue is responsible for the health and
safety of all employees, clients, visitors and contractors in the workplace. In fulfilling this
responsibility, as a General Manager of the venue, I have a duty to provide and maintain a working
environment that is safe and without risks to health.
The purpose of this procedure is to provide a process that is reasonably practicable, incorporates the
identification, reporting and investigation of hazards related to work activities and in consultation
with workers, the timely elimination or minimization of risks to health and safety using the
Hierarchy ... Show more content on Helpwriting.net ...
Create the restaurant group on Facebook. More and more companies use social websites for
different purposes, one of them it is very popular communication tool. Group on Facebook is very
useful if you need to pass information quick;
2.5.3. Social meetings, staff parties, celebrations, etc.
3. ROLES AND RESPONSIBILITIES IN RELATION TO THE POLICY AND PROCEDURE FOR
NOMINATED STAFF MEMBERS
3.1. To meet the objectives of this policy, General Manager committed to regular discussions with
employees to ensure that health and safety issues are regular reviewed. Health and safety is most
effective when a joint owner/manager and employee approach is used to identify and solve
problems.
3.2. General Manager committed to continuously improving WHS by addressing hazards and
reviewing outcomes.
3.3. Employer/ and managers/supervisors must ensure:
3.3.1. Effective implementation of this policy.
3.3.2. Their responsibilities under the Act and Regulations are met.
3.3.3. Agreed procedures for regular discussion between managers and employees are followed.
3.3.4. All workplace hazards are identified and risks assessed and controlled.
3.3.5. Regular workplace inspections are conducted.
3.3.6. Information, training and supervision are provided for all employees in the correct use of
plant, equipment, chemicals and other substances used.
3.4. Employees:
3.4.1. Have a duty to take care of their health and safety and that of others.
3.4.2. Must comply with safety
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The Legal Application : The Golden Rule For Criminal...
Criminal Inadmissibility If you have committed or have been convicted of committing a crime, you
may not be allowed into Canada. Part 1, Division 4, section 36, of the Refugee and Immigration
Protection Act addresses criminal inadmissibility for immigration to Canada.. Criminal
inadmissibility does not mean you have no chance of gaining entry into Canada, there are situations
where criminal admissibility may be overcome or appealed. Understanding the legal requirements,
the legal application, ways to overcome criminal inadmissibility and exploring relevant cases can
help to navigate the situation and give applicants a chance to enter Canada. The golden rule for
criminal inadmissibility is that the offence must be criminal in both the country the offence was
committed and in Canada. Section 36 divides criminality into two categories; 'serious criminality
(subsection 1) and criminality (subsection 2). Serious criminality is an act or conviction that must be
equated to an offence punishable in Canada and must also hold a term of imprisonment in Canada
for a maximum of at least ten years and a minimum of six months. Criminality is having been
convicted or having had committed an offence punishable in Canada as an indictable offence, or
having committed or convicted of any two offences, not from a single occurrence, that would
constitute as offences in an Act of Parliament. This also include committing an offence upon
entering Canada. This division of offences is relative to
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The Work of the Magistrates Court and Magistrates Essays
The Work of the Magistrates Court and Magistrates
In the legal system there are many different types of courts. This essay talks about the Magistrates
Courts and the Magistrates themselves. The office of magistrate dates back to the 12th century when
Richard 1 appointed "keepers of the peace". They have performed judicial functions since the 13th
century and the term, justice of the peace was being used as far back as 1361. Magistrates were in
charge of the police up until 1839. Paid magistrates have existed since the late 18th century and they
have had to be legally qualified since the mid 19th century, when it was decided they must be
barristers.
Lay magistrates in England and Wales, except in ... Show more content on Helpwriting.net ...
There are five key qualities that are looked for in those applying to be magistrates, these are,
understanding and communication, sound judgement and commitment, maturity and sound
temperament, social awareness and reliability. They must also possess a good character and personal
integrity.
Before applying to become a magistrate you must visit a magistrates court when it is in sitting, at
least once. If an applicant is employed, they must establish with their employer that they will be
allowed to take a reasonable amount of time off work, to undertake the duties of a magistrate.
Magistrates are not professional lawyers, in fact they may have little or no legal knowledge as they
will receive training before and after their appointment. Also a court clerk always sits with the bench
to advise them on relevant aspects of the law.
Three magistrates sit at each case and there is no jury. The three magistrates are referred to as 'the
bench'. One of these magistrates is called the chair and will always speak for the bench. The
magistrates will hear issues on fact and law and then decide the final verdict and sentence.
A magistrate must live in the local area of the court they would like to be considered
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Michael Schultz Committed The Tort Of Appropriation And An...
SUMMARY
Stealing someone else's name to impersonate them on a fake internet profile, such as a social media
website, misrepresents a person's identity and can damage their reputation. Tamsen Drake values her
identity when it comes to her work as an artist. As an artist, Drake creates short animated films for
her viewers. Drake has not created a social media profile to interact with other artists. Instead, she
has a website, which only allows for the downloading of her artistic work. While Drake has never
created a social media profile of her own, Michael Schultz impersonated Drake by stealing her name
and creating a fake profile, where he admits to representing her views as an artist. Schultz did not
obtain Drake's permission to create ... Show more content on Helpwriting.net ...
Id.
On January 2, 2016, the name "Tamsen Drake" was stolen and used to impersonate Drake on a fake
social media profile. Compl. ¶ 17. Michael Schultz is the impersonator and creator of the fake
profile, as he admits to creating the fake profile for Drake. Schultz Dep. at 3:14–16. Schultz wanted
to impersonated Drake online because he thought envisioning what Drake would post online would
be "cool" to do. Id. at 4:2–4.
The website that contained the fake profile is Shoutstuffout. Compl. ¶ 13. The webpage is a social
media site, similar to Facebook and Twitter. Shoutstuffout allows for people to connect with other
users through commenting on profiles, unlike www.tamsend.com. Compl. ¶ 14.
The fake profile contained information about Drake, including her profession (Compl. ¶ 13) and
pictures of her artistic work (Compl. ¶ 16–19). The pictures on the account were stolen from Drake's
original website and placed on the fake profile. Compl. ¶ 18–19. Additionally, the profile contained
an email address created by Schultz, used not only to create the profile, but also listed the email for
the public to misrepresent as Drake's Compl. ¶ 15.
In addition to the fake profile containing information about Drake, Schultz used the profile to
impersonate Drake by commenting on other artist's work in the same field. Compl. ¶ 20. The false
"Tamsen
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Summary Of The Movie The Martian
In the movie The Martian, Mark is on a mission to Mars and a dust storm threatens him and his
crew. Mark is hit by flying debris and is lost within the storm, leaving his crew to believe that there
is no way he is alive. The commander tells the crew to return to their vessel, leaving Mark behind.
Mark awakes due to a low oxygen warning coming from his suit, the debris that stuck him is lodged
in his torso which leaves him no choice but to remove it and perform surgery on himself. His ability
to perform the surgery on himself at the beginning of the movie immediately showed his strength
and courage to not give up. He realizes that his only way of arriving home will be in four years, and
suddenly begins to worry that there will not be enough food to last him until then. Mark is a botanist
and used his knowledge to make a farm that will satisfy his need for food. The way Mark was able
to improvise a farm out of supplies that he found on board is an excellent example of his self–
efficacy. Instead of giving up, or becoming distraught at the thought of not having enough food to
survive he was optimistic in believing that this farm was going to work. Mark also begins to work
on modifying a rover so that it will help him with the long distance travel. At this point in the movie
I am beginning to believe that he is grateful for his life and to be alive after what had happened to
him. I think it is important that he did not become discouraged at the fact that it was going to take
him
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Evaluate the Effectiveness of Lay People in the Courts
Throughout this section of my assignment I will evaluate the effectiveness of Lay people within the
courts. Throughout the United Kingdom Lay Magistrates are used within our courts and legal
system in relation to sentencing criminals. They work within the Magistrates court dealing with
summary offences, triable–either way offences and they also deal with starting off indictable
offences which will then be sentenced in the Crown Court. Lay Magistrates come from local areas
and when appearing at a court they would usually gather three Lay Magistrates. This is in order for
the Lay Magistrates to come together in relation to making a final decision, towards making their
final decision they are able to receive guidance from the court clerk ... Show more content on
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These individuals do not have the qualifications in which other magistrates have which will require
lay magistrates to receive basic training in order to process making decisions towards sentences.
With their lack of knowledge this may result in – Lenient sentences given – Sentences not stable –
Relying on the court clerk – Inconsistent sentences – Longer to analyse cases and come to a decision
Inconsistency in sentencing is due to the lack of knowledge in which lay magistrates obtain and this
creates a negative effect towards the court system. If sentences are inconsistent this means that the
role of courts is not being completed effectively as they should be. Lay magistrates who are faced
with offences may come to final decisions towards sentences which may not be acceptable, if an
individual commits an offence they must receive a sentence which is a punishment towards their
behaviour however with the lack of knowledge which the lay magistrate has, sentences may be
inconsistent. Another aspect involving a lack of knowledge which affects the court system
negatively due to lay magistrates is sentences being too light in comparison to the offence. Within
the magistrates court they deal with summary offences and triable–either way offences in which
they must work towards coming to an acceptable sentence, if a lay magistrates has a lack of
experience comparing to the experience which qualified magistrates have this will result in
sentences given being too lenient.
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Frequency Distribution and Frequent Flier Miles
award:
8.33 out of
16.66 points
For the following questions, would you collect information using a sample or a population? |
(a) | To calculate the percentage of car owners in New York City | | | | Population |
(b) | To know how many different private airlines provide service in the United States | | | | Sample |
(c) | To estimate weekly earnings of computer programmers in United States | | | | Sample |
(d) | To find the marks of a class of 20 students in a physics exam | | | | Population | eBook Link
award:
0 out of
16.66 points
From the data in the Statistical Abstract of United States represented below with details, choose the
kind of scale that can be ... Show more content on Helpwriting.net ...
|
The states of Connecticut and Massachusetts were ranked 1 and 2 in the survey of individual income
in 2004. | | Nominal | | Ratio | | Interval | | Ordinal | eBook Link
points
Two thousand one hundred and forty frequent business travelers are asked which midwestern city
they prefer: Indianapolis, Saint Louis, Chicago, or Milwaukee. 180 liked Indianapolis best, 460
liked Saint Louis, 1240 liked Chicago, and the remainder preferred Milwaukee. Develop a
frequency table and a relative frequency table to summarize this information. (Round relative
frequency to 3 decimal places.) | City | Frequency | Relative Frequency | Indianapolis | 180 | 0.090 |
St. Louis | 460 | 0.230 | Chicago | 1,240 | 0.620 | Milwaukee | 120 | 0.060 | |
points
Molly's Candle Shop has several retail stores in the coastal areas of North and South Carolina. Many
of Molly's customers ask her to ship their purchases. The following chart shows the number of
packages shipped per day for the last 100 days. |
(a) | What is this chart called? | | | | Histogram |
(b) | What is the total number of frequencies? | | | | 90 |
(c) | What is the class interval? | | | | 5 |
(d) | What is the class frequency for the 0 to 5 class? | | | | 5 |
(e) | What is the relative frequency of the 0 up to 5 class? (Round your
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Lay Magistrates and District Judges
Lay magistrates do not have to have any legal qualifications; with a few exceptions, anyone is
eligible to serve as a magistrate and that includes blind people . However, the Lord Chancellor, who
by section 10 Courts Act 2003 is responsible (on behalf and in the name of Her Majesty) for the
appointment of magistrates (apart from those in Lancashire who are appointed by the Duchy of
Lancaster ), will not permit the following to become lay justices: anyone outside the ranges of 18 to
65 years of age (with retirement at 70); anyone who is not of good character and personal standing;
an undischarged bankrupt; anyone who, because of a disability, cannot carry out all of the duties of a
lay justice; a serving member of Her Majesty's Forces; a ... Show more content on Helpwriting.net
...
Lay justices also decide many civil matters, particularly in relation to family work. Specially
selected and trained members of the Family Court Panels deal with a wide range of matters, most of
which arise from the breakdown of marriage. Undoubtedly, the use of unpaid lay justices is cheap,
not only because they are unpaid but also the cost of the trial itself is much less expensive than in
the Crown Court. In 1999, the Home Office Research and Planning Unit estimated the average cost
of a contested trial in the Magistrates' Court at £1,500 and a guilty plea at £500. The comparative
figures for the Crown Court were £13,500 and £2,500 respectively. However, part of this difference
is due to the fact that cases in the Crown Court are more complex and therefore likely to take longer;
but even so, it is clear that the cost both to the Government and to defendants who pay for their own
lawyer is much higher in the Crown Court. Lord Bingham, the former Lord Chief Justice, said that
"the justices are chosen for their qualities of fairness, judgement and common sense, alert to the
needs and concerns of the communities they serve and enabling local issues to be determined locally
by local people. And, in the eyes of the public, they have one great advantage: that they are free of
the habits of thought, speech and bearing which characterise professional
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Summary Of The Movie 'Awakenings'
The movie "Awakenings" tells the true story of doctor Malcolm Sayer's (in reality Oliver Sack)
experience in treating patients who were said to be catatonic and chronic. They were in the hospital
for decades with no signs of improvement, many of the nurses and doctors had basically given up on
seeing any way to treat or cure them. One doctor who studied similar patients didn't even see them
as living. Sayer observed each of the patients and was able to see that something sparked emotion
and movement in them, with this he knew that there had to be a way to treat them. He began to
administer the experimental drug L–Dopa on the patients, and as if it was a miracle, all of the
patients began to walk and talk. However, the miracle didn't last and the patients eventually reverted
back to their previous states. Though it's not the ending the doctors or us the viewers could have
hoped for, I do think that L–Dopa was beneficial. ... Show more content on Helpwriting.net ...
In a short time there was an immense about of improvement seen in him, for 30 years he was
wheelchair–bound and could not speak or move. He was getting adjusted to his life and did get
angry that he couldn't leave. After time his ticks started to show again and eventually he reverted to
his old state, but while he was "awake" he was happy. He was able to see life even if it was just
within the hospital, he spoke his mind and wrote and even became romantically interested in a
woman who visited the hospital. The other patients also reverted but while they were awake they
were able to cherish things that they weren't able to experience like singing and dancing and even
just simply being able to speak to their loved ones. They didn't stay that way forever, but they will
remember the time that they had for the longest that they
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Summary Of The Movie Sicko
Sicko is a documentary film directed by Michael Moore with a focus and deep discussion on
American health care system, released in the year 2007. Michael Moore is an experienced
documentary filmmaker whose Fahrenheit 9/11 is revered as among top 10 documentary films by
The Guardian. He, together with most of his films, struggles to talk about essential topics in
American society. In the film Sicko, it consisted of a series of interviews of people with different
identities: patients, doctors, insurance company workers, etc. Using jokes, serious reflections as well
as sentimental sympathies, it presents itself as both fascinating and triggering to the audience.
Michael Moore successfully chose the patients he interviewed in the video with a great variety:
those who were too poor to afford the insurances; those who tried to apply for one but got declined;
those who had insurances but were refused to get paid; those who succeeded in getting paid yet after
someone's manipulations, failed so. These seemingly different cases eventually ended up pointing to
a final conclusion that the goal of private insurance companies is not to provide their clients with
proper and immediate health care but to simply maximize their income. Insurance companies
avoided any potential future payments even by initially declining people who were too "thin" or
"fat". When dealing with insured clients, they secured themselves in a similar way by seeking
excuses like unnecessary medication, unreported
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The Summary Of The Movie Good Felllas
Summary of Movie The movie "Good Felllas" came out in 1990. The movie begins in the late 40's
when Henry Hill, a young man who turned gangster in a New York roughest and toughest
neighborhood. Hills grows up in the mob and works hard to advance himself through it. He enjoys
the life of money and luxury. In the movie, there Tommy DeVito who is a pure gangster and also
Henry's best friend. And Jimmy Conway, is the man who put Hills and DeVito together and runs the
biggest hijacks and burglaries in town. The movie also covers his life through the of teenage years
into the years of the Mafia and the relationship with his wife Karen Hills. Summary of Character
The main character in the movie is Henry Hills. A young man who began to become ... Show more
content on Helpwriting.net ...
The men then steal some cargo worth millions of dollars and then pay their boss Paulie his half. The
gangsters continue with their careers than their partner Tommy kills Billy Batts, a madman with the
Gambino Family because Batts insulted him. Henry had helped cover the murder, by burying Batts
in the wood. Later, Henry gets a girlfriend named Janice. His wife then figures out that he is
cheating and she goes to Janice's apartment and harasses her and threatens to kill him. He moves out
and then moves with the girlfriend until his Boss Paulie order him to come back to his wife. After,
Henry then travels with his partner Jimmy a job to rough up a guy that owes their boss Paulie some
money. But then discovers that his sister is a FBI Typist, and turns them all in. Henry and Jimmy
had both got 10 years in prison. Jimmy in Atlanta and Henry in New York with members of the
family. As years, Henry gets obsessed cocaine and transporting cocaine for profit even though
selling drugs were strict. Henry gets then busted once more for narcotics drugs on his driveway
while his spouse Karen flushes millions worth of drugs down the toilet, abandoning the household
broke. Henry gets out of jail on bail. Paulie gives him some money then after turning his back on
him. Jimmy threatening Karen that he is arranging to killing her husband because he pinpoints both
Jimmy and Paulie as a big, awful mobster in courtroom and enters the Witness Protection with his
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Advantages And Disadvantages Of Criminal Law
Question One:
Consider the following story and the questions based on it.
Mrs Smith claims that one–day last year, she saw Dan point a gun in the direction of his girlfriend
and pull the trigger. The gun failed to fire because the mechanism was faulty, but Dan had not been
aware of that until after he had pulled the trigger. Dan is now being tried for the attempted murder of
his girlfriend, under the provisions of the Criminal Attempts Act 1981. He claims that he did not
point the gun in his girlfriend's directions alleged and that Mrs Smith is mistaken or is lying.
Secondly, he claims that the act of pointing a gun in this way is not legally capable of falling within
the relevant section of the 1981 Act.
(a) Who has decided whether Dan ... Show more content on Helpwriting.net ...
47)' (unesco.org, 2016) accessed 6 March 2016
'Hearing And Trial' (App.college.police.uk, 2016) accessed 8 March 2016
'Looking After Children If You Divorce Or Separate – GOV.UK' (Gov.uk, 2016) accessed 11 March
2016
'Mediation On Divorce' (Divorce.co.uk, 2016) accessed 9 March 2016
'Pros And Cons Of Arbitration' (Mayerbrown.com, 2016) accessed 13 March 2016
'Summary Trial | Lexisweb' (Lexisweb.co.uk, 2016) accessed 7 March
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Summary Of The Movie Moana
The animated Disney film, Moana, was released in November 2016 and directed by Ron Clements
and John Musker. The thing that sets this film apart from others is that the princess, Moana, doesn't
seek romance to feel full. Instead, this film demands for young children to embrace their family and
community while remaining heroic and authentic to their culture. Moana was an original film,
emotionally engaging, and it stuck to Disney's style while following its own rules. When I first saw
this film, I was relieved by the fact that this Disney princess movie had a romance–free plot, which
asserts Moana's individuality and resilience unlike any other Disney characters in the rest of the
films. The directors took the style of a typical Disney princess film and gave it its own twist. The
film consists of the princess learning to lead from her ancestors by respecting her culture and
traditions, while continuing to be a courageous young woman, to help keep the community strong.
Instead of the princess falling in love with a prince, she fights to discover her true identity
throughout the whole film. The definitive themes of cultural appreciation and female empowerment
are what sets this Disney film apart from the rest and helps it become a huge success. The striking
visual imagination and the catchy tunes, which left me humming as I was leaving the movie theatre,
kept me emotionally engaged to this film. The questionable objects personified in the film, which
gave a surrealist
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Revenge Porn Australia
Introduction
Sexual–explicit Non–consensual photography or 'Revenge Porn' is on the rise and without adequate
laws the epidemic will only grow. Revenge porn is the sharing of intimate images of an individual
without the subject's consent. In Australia, the distribution of images may not be deemed a criminal
offence unless the images are of a child or an obvious criminal activity such as sexual assault. In
order to explore the issue of revenge porn, this paper firstly looks at how Australia is adapting with
changing legislation amendment. Followed by the current rules and laws already established such
as; defamation, Privacy Act (or lack thereof), breach of confidence, copyright and lastly the
application of cybercrimes. The paper will conclude with how strong current Australian private laws
are with assisting revenge porn cases.
Australia
There are relatively few laws dealing especially with this phenomenon. Victoria, the Northern
Territory and South Australia have enacted various laws which deal with revenge porn, though many
of these offences are extensions of the criminal harassment provisions Victoria was the first
Australian state to make ... Show more content on Helpwriting.net ...
In cases where a person is threatening to publish content for revenge, Giller v Procopets serves as
authority that an application to a Court of competent jurisdiction could be made on an interlocutory
basis to immediately restrain such publication based on an equitable breach of confidence.
Subsequently after their break up the defendant tried to share the footage of the plaintiff to the
plaintiff's friends, family and work colleagues. When the plaintiff heard of this she sued the
defendant alleging a breach of privacy, breach of confidence and intentional infliction of mental
harm. This case was significant because it followed domestic precedent for recovering damages for
non–economic loss resulting from a breach of
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Bail Laws ( Nsw )
Bail laws (NSW)
Bail has always been part of the common law system. In NSW, they have based their concept from
the Statue of Westminster I (1275), where there are different categories that separates who are to be
bailed or refused bail, which had become part of the Bail Act 1978 (NSW) and was enforced from
March 1980. Bail Act 2013 (NSW) is the only other law that replaced Bail Act 1978 (NSW), but
was amended by Bail Amendment Act 2014 (NSW), which is the final replacement coming into full
effect in 28th January 2015.
In Section 4 of the Bail Act 1978, it states that 'authorisation to be at liberty under this Act, instead
of in custody' . This is otherwise known as bail, the act of permitting a person to a brief period of
freedom who ... Show more content on Helpwriting.net ...
If the prosecution can provide sufficient reasoning of why bail cannot be granted, the assumption of
bail can be revoked.
Serious drug related offences can also disprove the presumption for bail and (likewise towards
aggressive offences) the accused must reason why bail should be permitted.
Issue and effect on individuals and society
Prior to 28th January 2015, bail laws posed significant loopholes in the system and are deemed to be
ineffective to achieve justice. Accused offenders may get away with bail based with evidence in the
case if it does not seem to pose a threat to the community. The problem persists within the
conditions set for their bail, as responsibility lies upon the magistrate or police to impose appropriate
conditions. However, though conditions do vary, it possesses a significant risk if the conditions
enforced were not strict enough, opening vulnerabilities for the accused to commit another crime,
slipping through their enforced conditions.
Yet not enough has been done to alert the community of this flaw, which thus continued to believe
that the criminal law system is protecting them. Effects are potentially dangerous, as individuals
would face the growing rate of criminal activity and with limited policing resources, not everyone
ensured to be protected in an unsafe suburban environment. If this issue continued to remain
unresolved in the long term, it would slowly corrupt society values, with more individuals
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Final Code Test : A Case Against A Suspect Is Based On The...
a) If I were the Crown prosecutor, I would start off with the full code test from the CPS 2013 Code
for Crown Prosecutors. The decision on whether or not to charge a case against a suspect is based on
the Full code test. There are 2 stages for the test and the first stage is the evidential stage, being
noted in the CPS 4.4, a case must pass the evidential stage in order to proceed no matter the
seriousness or how sensitive it may turn to be. With reference to the case scenario, we should see
whether the evidence could be used in the court in order for prosecution. There are two pieces of
evidence in total which are the physical attack on his wife, Tracy and the criminal damage on
Tracy's best mate Tony's car which is parked in the car park respectively. The first piece of evidence
is not strong enough as Tracy has always been reluctant to make a complaint against whenever the
police called to the house. Although this is an important piece of evidence in relation to the evidence
as a whole to show that Andrew has a caution for assault but without the proof of his wife's
confession, this piece of evidence will not be treated as reliable. Looking into the second piece of
evidence, it is about accusing Andrew for committing a criminal damage offence as his wife and
Tony witness him using a cricket bat to cause a considerable damage on Tony's car. Although there
are no other eye–witness but Tracy and Tony's witness will count as an evidence for Andrew's
criminal damage act.
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Ryan Deluna. Independent Project. 1.Frequency Distribution
Ryan DeLuna
Independent Project
1. Frequency distribution of a variable and bar graph of the same variable
A frequency distribution table is used for arranging data values and counting the number of time
each value appears in a dataset. They can be used for both qualitative and quantitative variables. For
this data pool I decided to use the subjects' marital status because it is a qualitative, nominal level
variable. (Polit, 23)
Frequency table results for racethn:
Count = 972 racethn Frequency Relative Frequency Percent of Total
Black, not Hispanic 795 0.81790123 81.790123
Hispanic 123 0.12654321 12.654321
White, not Hispanic 54 0.055555556 5.5555556
The table above is a frequency table that shows the relative frequency and the percent ... Show more
content on Helpwriting.net ...
The summary includes variance, mean, median, mode and standard deviation. As shown in the
histogram majority of people in the data pool have a height of 62–68 inches. This is a symmetrical
distribution seeing how close the mean and median are to each other.
3. Cross tabulation of two variables
A cross tabulation is a two–dimensional frequency distribution of two nominal or ordinal variables
that records the frequency of respondents that have the specific characteristics. These tables provide
a wealth of information about the relationship between the variables. For an example I chose to use
poverty levels and smoking to show how a contingency table can illustrate a frequency distribution.
Poverty level is a nominal variable that will be the independent variable and the dependent variable
will be smoking. The end table is a chi–square test and it is used to determine if the variables are
unrelated.
Contingency table results:
Rows: smoker
Columns: poverty
Cell format
Count
(Row percent)
(Column percent)
(Percent of total)
(Expected count)
(Contributions to Chi–Square)
Above poverty Below poverty Total
No
Count
(Row percent)
(Column percent)
(Percent of total)
(Expected count)
(Contributions to Chi–Square) 127
(25.87%)
(58.26%)
(13.13%)
(110.69)
(2.4) 364
(74.13%)
(48.6%)
(37.64%)
(380.31)
(0.7) 491
(100%)
(50.78%)
(50.78%)
Yes
Count
(Row percent)
(Column percent)
(Percent of
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Milk Movie Summary
The film "Milk" by Sean Penn and was made in 2008. The movie was based on a man named
Harvey Milk. Harvey Milk was fighting for gay rights as well as human rights. A brief summary for
this film would probably go somewhat like this. The movie starts off with Harvey Milk meeting a
man on a subway, the man was named Scott Smith. Harvey Milk and Scott Smith ended up being in
an intimate relationship. Scott Smith inspired Harvey milk to run for supervisor, so that he can help
the gay community. Milk runs to run for supervisor for 4 years and on the 5th ends up getting the
job as supervisor. A man Dan White was apart of the San Francisco board of supervisors, Dan White
quits his job and wants it back but the mayor, George Moscone, won't give it back because he had
quit his job. Because of this Dan white goes to City Hall and assassinates the George Moscone and
Harvey Milk. ... Show more content on Helpwriting.net ...
Harvey Milk is outraged by this action from the police that he stands on a makeshift stage outside
his shop and uses a megaphone to address to the people about what he had seen and what needs to
be done about it. People start to listen to Harvey Milk, and his boyfriend Scott Smith inspires him to
run to be a supervisor. The scene where the police are abusing the gay people is meaningful because
if that hadn't had happened, Scott nor Harvey would have had the courage to stand up for what they
believe in. The movie itself has a lot of meaning, mainly because it was an actual event is U.S
history and it happened in the Bay Area. Because of this event it allowed many gay people to come
out in a way. They all showed how much they cared about Harvey, even people who were straight
went across the city to mourn for him. They all mourned outside of city hall, they all had candles in
their hand and the streets lit up while people mourned for
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Summary Of The Movie Crash
Plot Summary: Crash can be summed up as a movie that chronicles the prejudice nature of each of
its characters in the lives of strangers who are intermingled in a variety of situations to expose that
racism effects everyone. In my opinion, the message to the audience is clear: to preach the dismissal
of prejudice and acceptance of all races and genders, regardless of one's own ethnicity. Every
character has prejudice views at some point, regardless of race, ethnicity, or personality.
Without a doubt, my favorite character has to be Dorri, the Persian daughter of the shop owner,
Farhad & Shereen and his wife. Despite constantly being in the line of prejudice fire, she always
keeps her calm. She works as a medical worker and in the end, she saves the life of a little girl by
providing her father with a gun loaded with blank bullets. While everyone else is constantly
criticizing each other and producing racial slurs, she has only one sassy moment, when the gun ...
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The first example of this is seen at the very start of the movie when: Esposito's character, Maria, or
Ria as she calls herself getting into an accident with an oriental woman who makes the statement
that the accident was Ria's fault because "Mexicans do not know how to drive and she did not see
her "blake" light." And she responds with equal racism. "Maybe if you see over steering wheel, you
blake too." The next example of racism involves a Mexican man named Daniel and my least favorite
racist of the movie, Jean, who hates anyone who isn't "like her" aka any ethnicity except Caucasian.
He is fixing her door and she automatically assumes that he would sell the key and demands to have
her door re–keyed in the morning based upon the Mexican stereotype he is a gangbanger who is
going to sell her key so that the house can be broken into. The man, clearly offended by the racism
chooses to turn the other cheek and set both sets of keys on the
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Criminal Law Does Not Punish People For Commit A Crime
CRIMINAL ATTEMPT:::: Introduction: Criminal law does not punish people for aiming to commit
a crime, but it identifies that conduct intended at committing a crime may be just as to blame if it
fails to reach its aims as if it had been successful. Hence, the offence of attempt existed at common
law but it is now regulated by statute, the Criminal Attempts Act 1981. ACTUS REUS OF
ATTEMPT The 1981 Act imposes liability on those who do an act which is more than merely
preparatory to the commission of the offence. Although the jury must decide whether there is
evidence on which a jury could find that there has been such an act, the test of whether the
defendant's acts have gone beyond the merely preparatory stage is essentially a question of fact for
the jury S.4(3) of the 1981 Act. Furthermore, an offender may be guilty of attempting to commit a
particular offence where he does not complete the full offence, but has taken sufficient steps for his
conduct to be classed as criminal by law. An attempt is a statutory offence and is charged under S.1
(1) of the Criminal Attempts Act 1981. Which stated that "a defendant is guilty of attempting to
commit an offence if the defendant take steps which are more than merely preparatory towards the
commission of that offence''. S.1 (4) of the Act also stated that, "a defendant may only be convicted
under the Act of an Attempt of an indictable offence (i.e, an indictable only offence or an offence or
an offence triable either way). A
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Journal Entries Study Guide
This journal entry will mainly be focusing on chapter 4 which is about summarizing. Each journal
entry is about different chapters but when writing these entries, it gives a good understanding of
each of the chapters and what specifically we have learned from the chapters. Summarizing is used
throughout your career and in every aspect of your life while you read anything. People summarize
topics and articles all the time. In my opinion, I feel reading a summery is easily and faster than
reading an entire book article. You can get a good and core understand of any topic quickly just by
reading a summary. People also usually summarize everything; not only is summaries used in books
but it is also used in movies and shows to give us a mini summery of what the movie or television
show is mainly about without having to watch the whole movie or show. I know for myself, I have
read up on a lot of summaries for previous televisions shows that I might have missed so that I can
catch on to the present episodes. Summaries can also be used at work when you are trying to help
someone understand and teach a specific topic and not have them go through reading and
understanding pages. Now, how to write a summary becomes the difficult part. Not everyone knows
how to write a summery or how to summarize topics. It becomes difficult for people to read a whole
article, book, or chapters and have to summarize them into a 1–2 page paper explaining the main
concepts and ideas. There are a lot of
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The Interventions Of A Offender Manager 's Risk By...
This essay will critically reflect on the interventions used in the community to manage offender's
risk by identifying the strengths and weaknesses of communication, between Offender Managers
and external agencies. An evaluation will be made of how Offender Managers are able to use
feedback from community interventions, to effectively manage an individuals risk throughout
supervision sessions and explore different strategies used in order build a relationship and manage
compliance throughout an order. This essay will highlight diversity issues raised and how future
practice can be improved from reflecting on current work. I will be referring to two case studies
drawn from my own practice as a Probation Service Officer (PSO), Mr N and Mr C, and
demonstrate how theoretical literature and research has informed decision–making in managing risk
and planned interventions.
An Offender Manager's (OM) role identified by Goldhill & Skinner, 2013, is to build a rapport,
understand an offender's pathway to offending, undertake a risk assessment that addresses the risk of
reoffending, the risk of harm that they pose, and to devise a plan for supporting them out of
offending. In order to manage the risk in both cases, I have used the risk assessment tools Offender
Assessment System (OASys) and the Offender Group Reconviction Scale (OGRS) to determine that
both the offenders which I will be referring to pose a medium risk of reoffending. OASys was
introduced in the Probation Service in
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Assignment 1 Answer Essay
[pic]
BUQU 1230
Assignment #1
Solve the following 3 problems:
1– Consider the data set for the sample of 10 minisystems that is posted on the course web site.
Open the Excel "Minisystems" file and answer the following questions: a. What are the elements in
this study? How many elements are in the data set?
Brand & Model b. How many variables are in the data set?
5 Variables (Price, Sound Quality, CD Capacity, FM Tuning, and Tape Decks) c. Which of the
variables are quantitative and which are categorical?
Categorical: Sound Quality, FM Tuning, and Tape Decks
Quantitative: Price and CD Capacity d. What is the average CD capacity for the sample?
3
e. What percentage of ... Show more content on Helpwriting.net ...
A frequency distribution (use a class width of 3 hours) b. A relative frequency distribution c. A
histogram d. An ogive e. Comment on what the data indicate about personal computer usage at
home.
The majority of people (about 75%) spend less than 7 hours per week using their computers and
only 4 percent of people use their computers between 12.7 and 15.7 hours a week.
|Hours |Freq. |Relative |
| | |Freq. |
|0.7–3.69 |12 |0.24 |
|3.7–6.69 |25 |0.5 |
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Meg Murry Should Be Granted Summary Judgement Essay
MEG MURRY SHOULD BE GRANTED SUMMARY JUDGEMENT BECAUSE TO
EFFECTIVELY ANALYSIS THE SUBSTAINAL SIMILARITIES BETWEEN BOOKS WHEN
THE ELEMENTS UNDER SPECULATION ARE UNPROCTABLE; THE DISCERNING
OBSERVER IS MOST APPROPRIATE.
A motion for summary judgment may be granted by a district court when the similarity concerns
only uncopyrightable elements of alleged infringed work or when no reasonable trier of fact could
find the works substantially similar. (Castle, Walker) When the works contain both protectable and
unprotectable elements, the examination must be more discerning, extracting the unprotectable
elements from the works and asking whether the protectable elements, standing alone, are
substantially similar. (knit, Tufenkian). The discerning ordinary observer test must be applied in
conjunction with the total concept and feel where after the unprotectable elements are eliminated
from consideration an assessment of the total concept and feel of the works at issue. (bOISSON)
Only when the alleged infringed work consumes protectable elements does the ordinary observer
apply; here if an average lay observer would recognize the alleged copy as having been appropriated
from the copyrighted work would be substantially similar. (boisson, knit) After the ordinary
observer test or the more discerning inquiry is applied, the works are to be examined by the total
concept and feel. (KINT)
The Second Circuit court routinely grants summary judgment when there is no copyright
infringement
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The Oliver Versus Brock Case
A civil suit is commonly derived from a private party or individual, who alleges damages from duty
of care. Once a civil case begins, it is the duty of the plaintiff to prove, with evidence, duty of care,
breach of duty, causation, and damages. Conversely, the defendant must prove their affirmative
defense against documented allegations. The Oliver versus Brock case proves the importance of
supporting evidence as opposed to hearsay statements, to prove the truth of the matter. In the Oliver
versus Brock case, Cathy (Plaintiff) filed a lawsuit against Bryan Whitfield Memorial Hospital of
Demopolis and the treating physicians Dr. F.S. Whitfield, Dr. Paul Ketcham and Dr. E.C. Brock
(Defendant) for negligence of care. Analyzing the facts in ... Show more content on Helpwriting.net
...
Based on the information provided, Oliver's allegations were not supported with documentation, but
merely opinion and hearsay. In Oliver's affidavit, she stated that she "read" in the discharge
summary that Dr. Brock was consulted and assisted with treatment. Although the supporting
documentation of the previous statement is important, the more pressing issue becomes whether a
doctor–patient relationship was formed in order to support the allegations.
Contrary to the alleged, Dr. Brock refuted the claim, defending that he never established a doctor–
patient relationship with Anita, which relieves him of liability. In order to validate his refute, Dr.
Brock provided four factual elements that were supported by his counterparts; Dr. Whitfield and Dr.
Ketcham. The four elements that were presented in the affidavit included: (1) That there has never
been a doctor–patient relationship between Dr. Brock and Anita Oliver, (2) Dr. Brock has never seen
or talked to Anita or Cathy Oliver, (3) Dr. Brock was not employed, engaged or requested to serve as
a consultant to treat Anita, (4) and Dr. Brock was not employed or engaged to consult with doctors
treating Anita, concerning complaints or medical problems. In order to support Dr. Brock's refute,
Dr. Whitfield and Dr. Ketcham provided affidavit's as
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1776 Movie Summary
Introduction The film 1776, directed by Peter H Hunt, produced by Columbia Pictures, and starring
actors such as William Daniels, Howard Da Silva, Ken Howard, and more is a comedic and musical
retelling of the events and struggles occurring in congress leading up to the declaration of the USA's
independence from Britain. The film takes place during 1776 in Philadelphia, mostly within the
Carpenter's Hall where the Second Continental Congress was held. While it only took place within
Philadelphia, it was able to present the attitudes of the different colonies through the delegates.
Summary of 1776 The story starts out looking at an unhappy John Adams who is calling on
congress to acknowledge his ideas of independence for America, he is denied by congress and told
to sit down. After failing to be heard once again, Adams resorts to allowing someone else
recommend independence and the responsibility fell to Richard Lee. When the Congress reconvenes
in June and Richard Lee proposes independence which is approved to be debated upon. The debate
ensues and Dickinson defends Britain, making Adams seem as though he is only greedy and
revolution is unnecessary. Franklin argues that they should not be part of Britain because they do not
have the full rights of an Englishmen. The debate ends after Rodney faints and Delaware's vote is
turned to no, moving to postpone the debate indefinitely. The vote for independence became six to
six after New Jersey finally arrived and voted, though
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Essay on 42 Movie Summary
Megan Hetterick's 42 movie summary.
Jackie Robinson, 42, first black man to play on a team of all whites and make it to the world
championship. He rocks. His number is retired and people wear the number 42 on their jersey every
year for one day because of him. All of this information I got from the movie 42. The movie was
amazing and very good! In the beginning when it showed how he became selected was different
than what I imagined it would've been done. During the movie there were threats from white people
saying they'd come where Robinson lived and hurt him or something, so he left with the black
reporter guy who later became a part of the American Baseball Press or whatever it was called.
However, Robinson thought that he was ... Show more content on Helpwriting.net ...
At the very end of the movie it showed what the 'main' people did after the movie stopped. One
thing that I will say that bugged me and made me sad and disappointed was the part when the dad
and boy are in the stands and are excited fro Pee Wee to come out and then Robinson comes out and
the dad starts to yell "get out of here nigger! You don't belong here!" and the rest of the crowd does
the same and the kid looks confused and then joins in screaming the same things, but then Pee Wee
puts his arm around Robinson and the look on the boys face looked sad and disappointed in himself
or so. That scene made me sad and disappointed in the father for setting such an example for his son
and making him say something he was unsure of or however he felt about it. The look on the boys
face when Robinson came out and everyone including his dad started yelling at him and saying
those things, the boy looked a little scared or unsure and concerned about what to do and such.
Broke my heart a little, but it was what it was. Overall, amazing movie!! For sure a favorite!
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America V. Grey Loon Case Summary
CASE: PIECE OF AMERICA V. GRAY LOON MARKETING CITATION PIECE OF AMERICA,
Appellant (Defendant below), v. GRAY LOON OUTDOOR MARKETING GROUP, INC., Appellee
(Plaintiff below). 906 N.E.2d 805; 2009 Ind. LEXIS 465; 69 U.C.C. Rep. Serv. 2d (Callaghan) 71
FACTS Piece of America was a limited partnership that was composed of three general partners
including F.W. Splittorff, Dennis Conwell, and Robert Aswell. The company offered a uniqueness
bundles: one–square–inch parcels of land in each of the fifty states. Piece of America contacted
Gray Loon Marketing to design and publish its website. The design project was given to piece of
America with an assessed price of $8080, in September 2003. Gray Loon finished the website in
December 2013 at a final cost of ... Show more content on Helpwriting.net ...
It would be a mistake, for instance, to treat software as a good simply because it was contained in a
tangible medium that fits within that category. This would conflate the sale of a book with the sale
of its intellectual content, suggesting that the purchaser of the book might be buying a right to
general use of the expressions contained in the volume. A website created under arrangements
calling for the designer to fashion, program, and host its operation on the designer's server is neither
tangible nor moveable in the conventional sense. To be sure, one can copy a website using tangible,
movable objects such as hard drives, cables, and disks. These objects are in themselves just as
certainly goods, but it does not necessarily follow that the information they contain classifies as
goods as well. The arrangement between POA and Gray Loon contemplated a custom design for a
single customer and an ongoing hosting relationship. As such, conventional "predominant thrust"
doctrine suggests that the U.C.C. did not
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Life Renewal Inc Case Study
QUESTIONS PRESENTED
1. Per the Minton's Evidence Code and the Daubert Standard, does Alice Dillworth's educational and
practical background, knowledge of ice hockey injuries, and research on prosthetics qualify her as
admissible to assist Life Renewal Inc. in determining a fact at issue?
2. Did the warning of Life Renewal Inc.'s Phoenix I provide users with proper instructions for what
instruments are permitted to be used with the product, and adequately warn users that the product
was not intended to be used in activities that caused stress of twenty or more pounds due to the risk
of product failure and serious injury?
PROCEDURAL HISTORY Dmitri Christov filed a complaint on January 9, 2016 against Life
Renewal Inc., which alleged that Life ... Show more content on Helpwriting.net ...
R.22. The weight–bearing test involved participants lifting dumbbells with the Phoenix I. R.22. The
Phoenix I was found to not be suitable for such activity. R.22. During the weight–bearing test, three
of the eighteen participants had minor difficulty lifting a twenty–five pound dumbbell. R.22. The
legal team was advised to err on the side of caution when determining the maximum amount of
weight that could be lifted by the Phoenix I, and thus the twenty–pound limit was set. R.22. None of
the participants had difficulty lifting the weight of twenty pounds. R.22. The swing test comprised
of participants hitting golf balls that weighed five times the weight of an average golf ball. R.22.
The participants spent over thirty hours driving the heavy golf balls with the goal of discovering any
possible injuries or prosthetic malfunctions involving the grip of the golf club. R.22. Two
participants had discomfort in the beginning of the swinging test, but were able to complete the test
without issue. R.22. The final round of testing had the participants playing ten hours of informal
scrimmage with each participant using a lacrosse stick. R.22. The purpose of this test was to assess
the Phoenix I's range of motion via catching the ball in the air, and the transition from a scooping
position to a throwing movement.
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Still In The Dark Silent Movie Audience By Gregg Bachman...
After reading the article "Still in the Dark – Silent Movie Audiences" by Gregg Bachman, the
experiences of movie goers helped me understand how people watched or experienced movies when
it first started out. For instance, one person said "You felt part of it; you became part of the picture
with what was taking place. We were part of the picture" (pg. 121) meaning that as a movie goer you
felt the emotion or action of the film. This emotion still holds true, when I go watch a movie, I
always feel the emotion of the characters throughout out the film. For instance, when I was
watching, the film 13 Hours, a movie about the secret soldiers of Benghazi, the level of emotion
throughout the film was high because the soldiers were trying to survive and keep others safe while
risking their own life's. I think that when men and women go to movies today, it is more acceptable
to show your emotions even though it was entirely accepted in the past. Admittedly, when going to
the movies it was seen as the highlight of the week because you would do anything just go see a
movie on a Saturday or Sunday night. In the article, "Still in the Dark – Silent Movie Audiences" by
Gregg Bachman, one ... Show more content on Helpwriting.net ...
In the article, "Still in the Dark – Silent Movie Audiences" by Gregg Bachman, one person said
"Going to the movie was extra special. I thought it a luxury to see a silent movie" (pg. 123) showing
that during that time going to the movies was sometimes considered a luxury and not routine.
Personally, when growing up, going to see a movie was a special occasion and our family would go
out to eat after the movie. Today, my family does not go to the movie theater often so it is still
considered to be a special occasion to us. However, there is some families that would make going to
the movies part of their weekend
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Memo for Motion Against Summary Judgment Essay
I. Introduction and Standard for Opposition to Summary Judgment
Crowell Academy, Inc. and Arturo Gomez, (hereinafter, collectively "Crowell") were grossly
negligent and used willful misconduct in their responsibilities involving the fencing club. The
bargaining power of Crowell was so grossly unequal so as to put Lajuana Barnett at the mercy of
Crowell's negligence. Lastly, the exculpatory clause contained in the release form (see release form)
is void as against public policy. Consequently, under Maryland law, it is up to the trier of fact to
determine if the exculpatory clause is unenforceable. As such, there is a dispute as to the genuine
issue of material fact related to Crowell's Answer, Crowell can be liable to Lajauna Barnett ... Show
more content on Helpwriting.net ...
The defendant did not ask whether the plaintiff was left or right handed, and the plaintiff, not
knowing otherwise, put on her equipment the same way as she saw the other members of the club
putting on their gear. A waiver of a right to sue is ineffective to shift the risk of a party's own willful,
reckless, or gross conduct. Id. at 543 (citing Winterstein v. Wilcom, 16 Md.App. 130, 134–36, cert.
denied, 266 Md.744 (1972)).
In the present case, the defendant was "certified by the U.S. Fencing Association to provide
instruction in fencing" and was to "instruct fencing club members in the proper methods of fencing."
These are direct quotes taken from the release form signed by the plaintiff. In signing the
exculpatory clause, plaintiff was to release defendant from "any and all claims" arising out of
student's participation in fencing club activities. In return, plaintiff was to receive instruction in the
proper methods of fencing. This includes proper instruction in putting on the safety equipment,
arguably the most important aspect of the sport of fencing. The wording any and all claims can be
construed as ambiguous. It would be against public policy to hold valid a claim that released the
defendant from any and all claims arising out of fencing club activities, including claims arising
from the defendant's negligence. The plaintiff signed the exculpatory clause releasing the defendant
from
... Get more on HelpWriting.net ...
Movie Summary Of The Movie The Mission
The movie, The Mission, gives a good detail onto the historical context on the imposition of other
societies' colonial and political objectives towards the native peoples of Paraguay. The similar
scenario throughout the history of humanity of imperialist civilizations and forces invading other
native lands and impose their beliefs, political systems, and society attitudes towards native peoples
unfamiliar in their way of life and understanding of humanity is presented in the movie with great
detail, this time with Spain and Portugal imposing their political and religious systems onto the
Guarani people. The move culminates with the Guarani War of 1754 – 1756, in which the Guarani
tribe defend their territory from the Spanish and Portuguese ... Show more content on
Helpwriting.net ...
From the time of the middle of the 17th century during the paulista slave raids, the Guarani tribe
considered the Portuguese to be an enemy of their civilization and their way of life. The Guarani
that considered themselves loyal to the Spanish royal government resisted the Treaty of Madrid,
regardless of the advice that were given by the Jesuit missions at the time. The Guarani's protest
movement did not bear the results that had been wished since the Spanish Empire ignored all
grievances of the Guarani tribe. As a result of the failure of the protest movement, many of the
Guarani decided to leave the Jesuit missions. However, other sects of the Guarani decided that
armed rebellion and resistance was necessary against Spanish and Portuguese imperialism. The
forces established by the Guarani tribe could not go against the superiority of the colonial forces.
The opponents of the Jesuits missions in Europe blamed them for the Guarani resistance. After the
failed resistance against Spanish imperialism, the Jesuits no longer enjoyed support from royal
officials of the Spanish and Portuguese government. Charles III in 1767 ordered the expulsion of the
Jesuits from the Spanish empire. After the expulsion, Charles III ordered royal administrators to
govern the Guarani missions. The movie, The Mission, does a great job in terms of the historical
interpretation of the Guarani war and the imperialism exhibited by the Spanish and Portuguese
empires. In
... Get more on HelpWriting.net ...
Statistic Study Notes Wgu (Selected Chapters) Essay
Using Research and Statistics in Health Care *14 this topic addresses the following learning
objectives: * Explain the role of research in developing knowledge for use in health care evidence–
based practice situations. * Identify several ways that research can influence healthcare policy. *
Identify peer–reviewed healthcare research articles. * Differentiate between descriptive and
inferential research questions in a peer–reviewed article on healthcare research. * Identify the
problem statement/purpose/aim in a peer–reviewed article on healthcare research. * Identify the
theoretical or conceptual framework used in a peer–reviewed article on healthcare research. *
Differentiate between Anderson's model of ... Show more content on Helpwriting.net ...
Theory of Planned Behavior A theory often used in the research of individual health behavior and
behavioral intentions is the theory of planned behavior (Ajzen, 1991). According to this theory, the
performance of any behavior depends on behavioral intention. Behavioral intention is viewed as
being dependent on behavioral beliefs (e.g., attitude towards the behavior), normative beliefs, and
control beliefs. Normative beliefs are beliefs about the expectations of others, and control beliefs are
beliefs about the factors that may help or hinder the performance of the behavior. The framework for
the study of physical activity discussed earlier by Armitage (2005) is based on this theory. That
study found that behavioral beliefs, normative beliefs, and control beliefs all contribute to physical
activity behavior. Organizing, Displaying, and Describing Data *10 This topic addresses the
following learning objectives: * Explain the nature, purpose, and types of statistics available for
analyzing healthcare–related data. * Define mathematical symbols commonly used in healthcare
... Get more on HelpWriting.net ...
The Court Of Appeals Affirmed The Dismissal
The Court of Appeals affirmed the dismissal. The court concluded that even though there were
"identical floor areas, number of parking spaces, the provision of a public plaza, the use of public
art, and the orientation of the buildings to ensure water views," many of these were standard features
for high–rise developments and could not be protected because they were simply abstract ideas.
Furthermore, there were differences between the two designs including the dimensions of a glass
roof on the building, the absence of ornamental ribbons in the defendant's design, and additional
balconies that were not present in the plaintiff's designs. The court viewed these differences as
substantial enough so that no reasonable person would view the structures as being substantially
similar. As such, the court concluded that even in the pleading stages of litigation (before discovery),
the trial court did not err in dismissing the claim.
Peter highlights the courts' general unwillingness to recognize infringement of architectural works.
There was no doubt that the defendant in Peter had access to the plaintiff's plans (they worked
together previously), and there were certainly some overt similarities in the two developments.
However, the court would not even allow the plaintiff the benefit of discovery because, in its view,
the differences were too substantial. While making such a fact intensive determination at the
pleading stage may be somewhat brash, the nature of "thin"
... Get more on HelpWriting.net ...

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Asic V. Palmer

  • 1. Asic V. Palmer LAW OF BUSNESS ASSOSIATIONS This essay will discuss obligatory elements in implementing the breach of Section 184 of the Corporations Act 2001 by Mr Clive Palmer. Corporation law is a wide concept of law which comprise of all the legal issues related to Business organisations. With the help of reference to relevant case law this essay will argue that Mr Palmer breached section 184 of the Corporation Act 2001 by not acting in good faith, improper use of position and information and intentional bad business judgements. This essay will provide sufficient evidence that Mr Palmer should be examined by ASIC, hence agreeing with the voluntary administrator. In Australian Securities and Investments Commission (ASIC) v Adler (2002).The court held a ... Show more content on Helpwriting.net ... In order to prove the breach of section 184, the following rules and duties must have been violated. A director commits an offence if they are reckless or intentionally dishonest, and fail to exercise their powers and discharge their duties in good faith in the best interests of the corporation or for a proper purpose .As mentioned earlier Mr Palmer was reckless in decision making by waving loans and using the company assets for private benefits and the company suffered had to go in voluntary administration. The second offence that needs to the violation of section 184 is that when a director commits an offence if they use their position with intentional dishonesty or recklessly in order to directly or indirectly gain an advantage for themselves, or someone else, or cause detriment to the corporation. Mr Palmer acted as a shadow director and his nephew agreed with all the decisions the corporation made such as political donations and transferring funds to another firms owned by Mr Palmer that caused detriment to Queensland Nickel. The third offence is a person who obtains information because they are, or have been, a director of a corporation commits an offence if they use the information with intentional dishonesty or recklessly. As ... Get more on HelpWriting.net ...
  • 2.
  • 3. Movie Summary Of The Movie Brothers Plot Summary The movie for this essay is Brothers (2009), the film opens with Captain Sam Cahill as the main character who is a marine captain. Having been married to her high school lover, they had two daughters. This is an indication that Sam was also a family man. Before Sam is set to depart to Afghanistan, his brother Tommy is released from a prison where he had been convicted of armed robbery at a bank. After Sam departs to Afghanistan in October 2007, news emerge that Sam's chopper had crashed in an operation and all the marines inside it had died. However, we come to realize that the chopper had crashed and Cahill and private Joe Willis had been taken into captivity by the Taliban. As Sam Cahill is tortured as a prisoner of war by ... Show more content on Helpwriting.net ... Some of the symptom of PSTD that he shows are as discussed in the following incidents captured in the film. For instance, when Cahill returns home, he shows a sense of fear and abnormality when Grace walks in the bathroom when he locked the door but the lock was broken (Butcher et al., 2014). Even after his wife kisses him inside the bathroom after the return, Sam seems less concerned and detached from what she is doing. Cahill also seems to be avoiding people and wants to stay in his compound after coming back from the war. Even after his own father asks him to go to the mechanic while trying to fix his car he looks around and doesn't want to leave his compound. Also, when Cahill is in the kitchen late at night because he can't sleep, immediately pulls his gun out when he hears a dog barking in the back yard, he patrols with the gun in the back yard at night. Another incidence that clearly shows a symptom of PSTD in Cahill is the way he approached the marine superior and asked to be deployed back in Afghanistan with his men. (Butcher et al., 2014). Cahill exhibits symptoms of aggressive anger and portrays distorted views of himself when Cahill destroys the remodeled kitchen yelling at grace. Later, when Sam is haunted from intrusive memories every time Grace asks him what happened in Afghanistan. Diagnoses. According to DSM–5 criteria, Sam Cahill is a perfect candidate to be ... Get more on HelpWriting.net ...
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  • 5. Movie Summary Of The Movie Black Hawk Down Movie Summary The movie Black Hawk Down is based on a true story. It takes place in Somalia in October of 1993. A warlord by the name of Mohamed Farrah Aidid seized control of Mogadishu, the capital city of Somalia. He accomplished this by capturing shipments of international food supplies at the ports and used hunger as his weapon. More than 300,000 Somalians died by starvation. The United States responded by sending in Delta Force, U.S. Army Rangers, and the 160TH Special Operations Aviation Regiment (SOAR) to capture Mohamed. It was a mission that was to only last three weeks but, turned into six weeks. General Garrison, commanding general of the U.S. forces, formulated a plan to capture two high value targets to try and draw ... Show more content on Helpwriting.net ... You can see how SSG Eversmen does not agree with the answer they got. His reaction brought forth the principle of utility also known as the greatest–happiness principle. This principle states, "when choosing a course of action, always pick the one that will maximize happiness and minimize unhappiness for the greatest number of people" (Rosenstand, p.232). In SSG Eversmen's eyes, intervening would have maximized the happiness of those starving by allowing them to get to eat and saving them from getting shot. Another moral issue that appears is during a conversation between Staff Sergeant Eversmen and a few of his brothers in arms. The platoon's lieutenant is reading a book about Somalian culture and is laughing about some of the things he is reading. One of the sergeants tells the lieutenant that Staff Sergeant Eversmen likes the Somalian people. Staff Sergeant Eversmen explains it's not a matter of liking them or not liking them, he is just trying to better understand them. This points out one of the six problems of ethical relativism. The problem is not criticizing or praising cultures. In other words, "we have no right to criticize other cultures, period" (Rosenstand, p.131). Staff Sergeant Eversmen was trying to be understanding of not just the Somalian culture, but also, the civil war they were in the middle of. A final moral issue happens when one of Staff Sergeant Eversmen's good friends, Sergeant Smith, gets shot. The wound caused by the bullet ... Get more on HelpWriting.net ...
  • 6.
  • 7. The Case Lawsuit Filed Suit Now through undersigned counsel, come Defendant, Lauris Hollis ("Defendant"), who respectfully request that this Court grant their Motion for Summary Judgment dismissing the Plaintiff 's claims against him. Defendant move this Court for a Summary Judgment on the grounds that the Plaintiff has no cause of action, no right of action or no interest in the plaintiff to institute the suit and it should be dismissed. UNDISPUTED MATERIAL FACTS 1. The Plaintiff filed suit on April 7, 2015, in Livingston Parish for a 2004 loan made to Mr. Hollis through the CFS Private Education Undergraduate Loan Program by Charter One Bank, N.A. for $26,484.00 with a "Deferral Period Margin of 4.85, Repayment Period Margin of 4.85" and a Loan Origination Fee Percentage of 9.5. 2. Mr. Hollis is enrolled FULLTIME AS A CANDIDATE for a Doctorate of Philosophy, Oceanography and Coastal Sciences at Louisiana State University in the Department of Oceanography and Coastal Sciences. 3. At the beginning of each of the Fall and Spring semesters from 2010 to 2012, Mr. Hollis forwarded deferment forms for Privately Insured Loans to the American Education Services. 4. On April 28, 2015, Jeremy Nusloch an attorney at the firm of Couch, Conville & Blitt received notice of Mr. Hollis fulltime enrollment at LSU; however, they refuse to dismiss the case even though the loan should be in deferment. 5. Thus, Couch, Conville & Blitt continue to prosecute the claim against Mr. Hollis in bad faith. 6. CFS is ... Get more on HelpWriting.net ...
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  • 9. Should A Business Have Civil Liability For The Criminal... Should a Business have civil liability for the criminal acts of its employee? Over the years, civil suits have been brought against firms because of the actions of their employees. Firms are expected to have a duty of care to select, train and supervise their employees since these employees were hired to represent them ("An Employers liability", 2014). If a criminal act is committed by an employee, then there has been a breach of the duty of care. Many advocates of these suits have come under the doctrine of respondeat superior (Lype, 2000)which lays liability on a firm if its employee commits an illegal act under employment and the criminal act was carried out to seek benefit. Hence, the admission of civil liability by a company for criminal acts of its employees is dependent on variable factors which should be considered before the firm can be deemed liable or not. Acting Within the Scope of Employment A company can be held liable if the criminal act committed was within the scope of employment and is beneficial to the firm. Employees are representatives of a firm and their actions within the scope of the firm are received as the actions of the firm. To act within the scope of employment, the employee must have the actual delegated authority to act or engage in a particular act (Lype, 2000). It is assumed an employee who has delegated authority is acting within and representing the firm. The firm can be therefore held liable for any criminal act committed by the ... Get more on HelpWriting.net ...
  • 10.
  • 11. OHS Hazard identification and risk assessment policies and... OHS HAZARD IDENTIFICATION AND RISK ASSESSMENT REVIEW OF POLICIES AND PROCEDURES GENERAL POLICY This policy recognizes that Conference and Banqueting Venue is responsible for the health and safety of all employees, clients, visitors and contractors in the workplace. In fulfilling this responsibility, as a General Manager of the venue, I have a duty to provide and maintain a working environment that is safe and without risks to health. The purpose of this procedure is to provide a process that is reasonably practicable, incorporates the identification, reporting and investigation of hazards related to work activities and in consultation with workers, the timely elimination or minimization of risks to health and safety using the Hierarchy ... Show more content on Helpwriting.net ... Create the restaurant group on Facebook. More and more companies use social websites for different purposes, one of them it is very popular communication tool. Group on Facebook is very useful if you need to pass information quick; 2.5.3. Social meetings, staff parties, celebrations, etc. 3. ROLES AND RESPONSIBILITIES IN RELATION TO THE POLICY AND PROCEDURE FOR NOMINATED STAFF MEMBERS 3.1. To meet the objectives of this policy, General Manager committed to regular discussions with employees to ensure that health and safety issues are regular reviewed. Health and safety is most effective when a joint owner/manager and employee approach is used to identify and solve problems. 3.2. General Manager committed to continuously improving WHS by addressing hazards and reviewing outcomes. 3.3. Employer/ and managers/supervisors must ensure: 3.3.1. Effective implementation of this policy. 3.3.2. Their responsibilities under the Act and Regulations are met. 3.3.3. Agreed procedures for regular discussion between managers and employees are followed. 3.3.4. All workplace hazards are identified and risks assessed and controlled. 3.3.5. Regular workplace inspections are conducted. 3.3.6. Information, training and supervision are provided for all employees in the correct use of plant, equipment, chemicals and other substances used.
  • 12. 3.4. Employees: 3.4.1. Have a duty to take care of their health and safety and that of others. 3.4.2. Must comply with safety ... Get more on HelpWriting.net ...
  • 13.
  • 14. The Legal Application : The Golden Rule For Criminal... Criminal Inadmissibility If you have committed or have been convicted of committing a crime, you may not be allowed into Canada. Part 1, Division 4, section 36, of the Refugee and Immigration Protection Act addresses criminal inadmissibility for immigration to Canada.. Criminal inadmissibility does not mean you have no chance of gaining entry into Canada, there are situations where criminal admissibility may be overcome or appealed. Understanding the legal requirements, the legal application, ways to overcome criminal inadmissibility and exploring relevant cases can help to navigate the situation and give applicants a chance to enter Canada. The golden rule for criminal inadmissibility is that the offence must be criminal in both the country the offence was committed and in Canada. Section 36 divides criminality into two categories; 'serious criminality (subsection 1) and criminality (subsection 2). Serious criminality is an act or conviction that must be equated to an offence punishable in Canada and must also hold a term of imprisonment in Canada for a maximum of at least ten years and a minimum of six months. Criminality is having been convicted or having had committed an offence punishable in Canada as an indictable offence, or having committed or convicted of any two offences, not from a single occurrence, that would constitute as offences in an Act of Parliament. This also include committing an offence upon entering Canada. This division of offences is relative to ... Get more on HelpWriting.net ...
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  • 16. The Work of the Magistrates Court and Magistrates Essays The Work of the Magistrates Court and Magistrates In the legal system there are many different types of courts. This essay talks about the Magistrates Courts and the Magistrates themselves. The office of magistrate dates back to the 12th century when Richard 1 appointed "keepers of the peace". They have performed judicial functions since the 13th century and the term, justice of the peace was being used as far back as 1361. Magistrates were in charge of the police up until 1839. Paid magistrates have existed since the late 18th century and they have had to be legally qualified since the mid 19th century, when it was decided they must be barristers. Lay magistrates in England and Wales, except in ... Show more content on Helpwriting.net ... There are five key qualities that are looked for in those applying to be magistrates, these are, understanding and communication, sound judgement and commitment, maturity and sound temperament, social awareness and reliability. They must also possess a good character and personal integrity. Before applying to become a magistrate you must visit a magistrates court when it is in sitting, at least once. If an applicant is employed, they must establish with their employer that they will be allowed to take a reasonable amount of time off work, to undertake the duties of a magistrate. Magistrates are not professional lawyers, in fact they may have little or no legal knowledge as they will receive training before and after their appointment. Also a court clerk always sits with the bench to advise them on relevant aspects of the law. Three magistrates sit at each case and there is no jury. The three magistrates are referred to as 'the bench'. One of these magistrates is called the chair and will always speak for the bench. The magistrates will hear issues on fact and law and then decide the final verdict and sentence. A magistrate must live in the local area of the court they would like to be considered ... Get more on HelpWriting.net ...
  • 17.
  • 18. Michael Schultz Committed The Tort Of Appropriation And An... SUMMARY Stealing someone else's name to impersonate them on a fake internet profile, such as a social media website, misrepresents a person's identity and can damage their reputation. Tamsen Drake values her identity when it comes to her work as an artist. As an artist, Drake creates short animated films for her viewers. Drake has not created a social media profile to interact with other artists. Instead, she has a website, which only allows for the downloading of her artistic work. While Drake has never created a social media profile of her own, Michael Schultz impersonated Drake by stealing her name and creating a fake profile, where he admits to representing her views as an artist. Schultz did not obtain Drake's permission to create ... Show more content on Helpwriting.net ... Id. On January 2, 2016, the name "Tamsen Drake" was stolen and used to impersonate Drake on a fake social media profile. Compl. ¶ 17. Michael Schultz is the impersonator and creator of the fake profile, as he admits to creating the fake profile for Drake. Schultz Dep. at 3:14–16. Schultz wanted to impersonated Drake online because he thought envisioning what Drake would post online would be "cool" to do. Id. at 4:2–4. The website that contained the fake profile is Shoutstuffout. Compl. ¶ 13. The webpage is a social media site, similar to Facebook and Twitter. Shoutstuffout allows for people to connect with other users through commenting on profiles, unlike www.tamsend.com. Compl. ¶ 14. The fake profile contained information about Drake, including her profession (Compl. ¶ 13) and pictures of her artistic work (Compl. ¶ 16–19). The pictures on the account were stolen from Drake's original website and placed on the fake profile. Compl. ¶ 18–19. Additionally, the profile contained an email address created by Schultz, used not only to create the profile, but also listed the email for the public to misrepresent as Drake's Compl. ¶ 15. In addition to the fake profile containing information about Drake, Schultz used the profile to impersonate Drake by commenting on other artist's work in the same field. Compl. ¶ 20. The false "Tamsen ... Get more on HelpWriting.net ...
  • 19.
  • 20. Summary Of The Movie The Martian In the movie The Martian, Mark is on a mission to Mars and a dust storm threatens him and his crew. Mark is hit by flying debris and is lost within the storm, leaving his crew to believe that there is no way he is alive. The commander tells the crew to return to their vessel, leaving Mark behind. Mark awakes due to a low oxygen warning coming from his suit, the debris that stuck him is lodged in his torso which leaves him no choice but to remove it and perform surgery on himself. His ability to perform the surgery on himself at the beginning of the movie immediately showed his strength and courage to not give up. He realizes that his only way of arriving home will be in four years, and suddenly begins to worry that there will not be enough food to last him until then. Mark is a botanist and used his knowledge to make a farm that will satisfy his need for food. The way Mark was able to improvise a farm out of supplies that he found on board is an excellent example of his self– efficacy. Instead of giving up, or becoming distraught at the thought of not having enough food to survive he was optimistic in believing that this farm was going to work. Mark also begins to work on modifying a rover so that it will help him with the long distance travel. At this point in the movie I am beginning to believe that he is grateful for his life and to be alive after what had happened to him. I think it is important that he did not become discouraged at the fact that it was going to take him ... Get more on HelpWriting.net ...
  • 21.
  • 22. Evaluate the Effectiveness of Lay People in the Courts Throughout this section of my assignment I will evaluate the effectiveness of Lay people within the courts. Throughout the United Kingdom Lay Magistrates are used within our courts and legal system in relation to sentencing criminals. They work within the Magistrates court dealing with summary offences, triable–either way offences and they also deal with starting off indictable offences which will then be sentenced in the Crown Court. Lay Magistrates come from local areas and when appearing at a court they would usually gather three Lay Magistrates. This is in order for the Lay Magistrates to come together in relation to making a final decision, towards making their final decision they are able to receive guidance from the court clerk ... Show more content on Helpwriting.net ... These individuals do not have the qualifications in which other magistrates have which will require lay magistrates to receive basic training in order to process making decisions towards sentences. With their lack of knowledge this may result in – Lenient sentences given – Sentences not stable – Relying on the court clerk – Inconsistent sentences – Longer to analyse cases and come to a decision Inconsistency in sentencing is due to the lack of knowledge in which lay magistrates obtain and this creates a negative effect towards the court system. If sentences are inconsistent this means that the role of courts is not being completed effectively as they should be. Lay magistrates who are faced with offences may come to final decisions towards sentences which may not be acceptable, if an individual commits an offence they must receive a sentence which is a punishment towards their behaviour however with the lack of knowledge which the lay magistrate has, sentences may be inconsistent. Another aspect involving a lack of knowledge which affects the court system negatively due to lay magistrates is sentences being too light in comparison to the offence. Within the magistrates court they deal with summary offences and triable–either way offences in which they must work towards coming to an acceptable sentence, if a lay magistrates has a lack of experience comparing to the experience which qualified magistrates have this will result in sentences given being too lenient. ... Get more on HelpWriting.net ...
  • 23.
  • 24. Frequency Distribution and Frequent Flier Miles award: 8.33 out of 16.66 points For the following questions, would you collect information using a sample or a population? | (a) | To calculate the percentage of car owners in New York City | | | | Population | (b) | To know how many different private airlines provide service in the United States | | | | Sample | (c) | To estimate weekly earnings of computer programmers in United States | | | | Sample | (d) | To find the marks of a class of 20 students in a physics exam | | | | Population | eBook Link award: 0 out of 16.66 points From the data in the Statistical Abstract of United States represented below with details, choose the kind of scale that can be ... Show more content on Helpwriting.net ... | The states of Connecticut and Massachusetts were ranked 1 and 2 in the survey of individual income in 2004. | | Nominal | | Ratio | | Interval | | Ordinal | eBook Link points Two thousand one hundred and forty frequent business travelers are asked which midwestern city they prefer: Indianapolis, Saint Louis, Chicago, or Milwaukee. 180 liked Indianapolis best, 460 liked Saint Louis, 1240 liked Chicago, and the remainder preferred Milwaukee. Develop a frequency table and a relative frequency table to summarize this information. (Round relative frequency to 3 decimal places.) | City | Frequency | Relative Frequency | Indianapolis | 180 | 0.090 | St. Louis | 460 | 0.230 | Chicago | 1,240 | 0.620 | Milwaukee | 120 | 0.060 | | points
  • 25. Molly's Candle Shop has several retail stores in the coastal areas of North and South Carolina. Many of Molly's customers ask her to ship their purchases. The following chart shows the number of packages shipped per day for the last 100 days. | (a) | What is this chart called? | | | | Histogram | (b) | What is the total number of frequencies? | | | | 90 | (c) | What is the class interval? | | | | 5 | (d) | What is the class frequency for the 0 to 5 class? | | | | 5 | (e) | What is the relative frequency of the 0 up to 5 class? (Round your ... Get more on HelpWriting.net ...
  • 26.
  • 27. Lay Magistrates and District Judges Lay magistrates do not have to have any legal qualifications; with a few exceptions, anyone is eligible to serve as a magistrate and that includes blind people . However, the Lord Chancellor, who by section 10 Courts Act 2003 is responsible (on behalf and in the name of Her Majesty) for the appointment of magistrates (apart from those in Lancashire who are appointed by the Duchy of Lancaster ), will not permit the following to become lay justices: anyone outside the ranges of 18 to 65 years of age (with retirement at 70); anyone who is not of good character and personal standing; an undischarged bankrupt; anyone who, because of a disability, cannot carry out all of the duties of a lay justice; a serving member of Her Majesty's Forces; a ... Show more content on Helpwriting.net ... Lay justices also decide many civil matters, particularly in relation to family work. Specially selected and trained members of the Family Court Panels deal with a wide range of matters, most of which arise from the breakdown of marriage. Undoubtedly, the use of unpaid lay justices is cheap, not only because they are unpaid but also the cost of the trial itself is much less expensive than in the Crown Court. In 1999, the Home Office Research and Planning Unit estimated the average cost of a contested trial in the Magistrates' Court at £1,500 and a guilty plea at £500. The comparative figures for the Crown Court were £13,500 and £2,500 respectively. However, part of this difference is due to the fact that cases in the Crown Court are more complex and therefore likely to take longer; but even so, it is clear that the cost both to the Government and to defendants who pay for their own lawyer is much higher in the Crown Court. Lord Bingham, the former Lord Chief Justice, said that "the justices are chosen for their qualities of fairness, judgement and common sense, alert to the needs and concerns of the communities they serve and enabling local issues to be determined locally by local people. And, in the eyes of the public, they have one great advantage: that they are free of the habits of thought, speech and bearing which characterise professional ... Get more on HelpWriting.net ...
  • 28.
  • 29. Summary Of The Movie 'Awakenings' The movie "Awakenings" tells the true story of doctor Malcolm Sayer's (in reality Oliver Sack) experience in treating patients who were said to be catatonic and chronic. They were in the hospital for decades with no signs of improvement, many of the nurses and doctors had basically given up on seeing any way to treat or cure them. One doctor who studied similar patients didn't even see them as living. Sayer observed each of the patients and was able to see that something sparked emotion and movement in them, with this he knew that there had to be a way to treat them. He began to administer the experimental drug L–Dopa on the patients, and as if it was a miracle, all of the patients began to walk and talk. However, the miracle didn't last and the patients eventually reverted back to their previous states. Though it's not the ending the doctors or us the viewers could have hoped for, I do think that L–Dopa was beneficial. ... Show more content on Helpwriting.net ... In a short time there was an immense about of improvement seen in him, for 30 years he was wheelchair–bound and could not speak or move. He was getting adjusted to his life and did get angry that he couldn't leave. After time his ticks started to show again and eventually he reverted to his old state, but while he was "awake" he was happy. He was able to see life even if it was just within the hospital, he spoke his mind and wrote and even became romantically interested in a woman who visited the hospital. The other patients also reverted but while they were awake they were able to cherish things that they weren't able to experience like singing and dancing and even just simply being able to speak to their loved ones. They didn't stay that way forever, but they will remember the time that they had for the longest that they ... Get more on HelpWriting.net ...
  • 30.
  • 31. Summary Of The Movie Sicko Sicko is a documentary film directed by Michael Moore with a focus and deep discussion on American health care system, released in the year 2007. Michael Moore is an experienced documentary filmmaker whose Fahrenheit 9/11 is revered as among top 10 documentary films by The Guardian. He, together with most of his films, struggles to talk about essential topics in American society. In the film Sicko, it consisted of a series of interviews of people with different identities: patients, doctors, insurance company workers, etc. Using jokes, serious reflections as well as sentimental sympathies, it presents itself as both fascinating and triggering to the audience. Michael Moore successfully chose the patients he interviewed in the video with a great variety: those who were too poor to afford the insurances; those who tried to apply for one but got declined; those who had insurances but were refused to get paid; those who succeeded in getting paid yet after someone's manipulations, failed so. These seemingly different cases eventually ended up pointing to a final conclusion that the goal of private insurance companies is not to provide their clients with proper and immediate health care but to simply maximize their income. Insurance companies avoided any potential future payments even by initially declining people who were too "thin" or "fat". When dealing with insured clients, they secured themselves in a similar way by seeking excuses like unnecessary medication, unreported ... Get more on HelpWriting.net ...
  • 32.
  • 33. The Summary Of The Movie Good Felllas Summary of Movie The movie "Good Felllas" came out in 1990. The movie begins in the late 40's when Henry Hill, a young man who turned gangster in a New York roughest and toughest neighborhood. Hills grows up in the mob and works hard to advance himself through it. He enjoys the life of money and luxury. In the movie, there Tommy DeVito who is a pure gangster and also Henry's best friend. And Jimmy Conway, is the man who put Hills and DeVito together and runs the biggest hijacks and burglaries in town. The movie also covers his life through the of teenage years into the years of the Mafia and the relationship with his wife Karen Hills. Summary of Character The main character in the movie is Henry Hills. A young man who began to become ... Show more content on Helpwriting.net ... The men then steal some cargo worth millions of dollars and then pay their boss Paulie his half. The gangsters continue with their careers than their partner Tommy kills Billy Batts, a madman with the Gambino Family because Batts insulted him. Henry had helped cover the murder, by burying Batts in the wood. Later, Henry gets a girlfriend named Janice. His wife then figures out that he is cheating and she goes to Janice's apartment and harasses her and threatens to kill him. He moves out and then moves with the girlfriend until his Boss Paulie order him to come back to his wife. After, Henry then travels with his partner Jimmy a job to rough up a guy that owes their boss Paulie some money. But then discovers that his sister is a FBI Typist, and turns them all in. Henry and Jimmy had both got 10 years in prison. Jimmy in Atlanta and Henry in New York with members of the family. As years, Henry gets obsessed cocaine and transporting cocaine for profit even though selling drugs were strict. Henry gets then busted once more for narcotics drugs on his driveway while his spouse Karen flushes millions worth of drugs down the toilet, abandoning the household broke. Henry gets out of jail on bail. Paulie gives him some money then after turning his back on him. Jimmy threatening Karen that he is arranging to killing her husband because he pinpoints both Jimmy and Paulie as a big, awful mobster in courtroom and enters the Witness Protection with his ... Get more on HelpWriting.net ...
  • 34.
  • 35. Advantages And Disadvantages Of Criminal Law Question One: Consider the following story and the questions based on it. Mrs Smith claims that one–day last year, she saw Dan point a gun in the direction of his girlfriend and pull the trigger. The gun failed to fire because the mechanism was faulty, but Dan had not been aware of that until after he had pulled the trigger. Dan is now being tried for the attempted murder of his girlfriend, under the provisions of the Criminal Attempts Act 1981. He claims that he did not point the gun in his girlfriend's directions alleged and that Mrs Smith is mistaken or is lying. Secondly, he claims that the act of pointing a gun in this way is not legally capable of falling within the relevant section of the 1981 Act. (a) Who has decided whether Dan ... Show more content on Helpwriting.net ... 47)' (unesco.org, 2016) accessed 6 March 2016 'Hearing And Trial' (App.college.police.uk, 2016) accessed 8 March 2016 'Looking After Children If You Divorce Or Separate – GOV.UK' (Gov.uk, 2016) accessed 11 March 2016 'Mediation On Divorce' (Divorce.co.uk, 2016) accessed 9 March 2016 'Pros And Cons Of Arbitration' (Mayerbrown.com, 2016) accessed 13 March 2016 'Summary Trial | Lexisweb' (Lexisweb.co.uk, 2016) accessed 7 March ... Get more on HelpWriting.net ...
  • 36.
  • 37. Summary Of The Movie Moana The animated Disney film, Moana, was released in November 2016 and directed by Ron Clements and John Musker. The thing that sets this film apart from others is that the princess, Moana, doesn't seek romance to feel full. Instead, this film demands for young children to embrace their family and community while remaining heroic and authentic to their culture. Moana was an original film, emotionally engaging, and it stuck to Disney's style while following its own rules. When I first saw this film, I was relieved by the fact that this Disney princess movie had a romance–free plot, which asserts Moana's individuality and resilience unlike any other Disney characters in the rest of the films. The directors took the style of a typical Disney princess film and gave it its own twist. The film consists of the princess learning to lead from her ancestors by respecting her culture and traditions, while continuing to be a courageous young woman, to help keep the community strong. Instead of the princess falling in love with a prince, she fights to discover her true identity throughout the whole film. The definitive themes of cultural appreciation and female empowerment are what sets this Disney film apart from the rest and helps it become a huge success. The striking visual imagination and the catchy tunes, which left me humming as I was leaving the movie theatre, kept me emotionally engaged to this film. The questionable objects personified in the film, which gave a surrealist ... Get more on HelpWriting.net ...
  • 38.
  • 39. Revenge Porn Australia Introduction Sexual–explicit Non–consensual photography or 'Revenge Porn' is on the rise and without adequate laws the epidemic will only grow. Revenge porn is the sharing of intimate images of an individual without the subject's consent. In Australia, the distribution of images may not be deemed a criminal offence unless the images are of a child or an obvious criminal activity such as sexual assault. In order to explore the issue of revenge porn, this paper firstly looks at how Australia is adapting with changing legislation amendment. Followed by the current rules and laws already established such as; defamation, Privacy Act (or lack thereof), breach of confidence, copyright and lastly the application of cybercrimes. The paper will conclude with how strong current Australian private laws are with assisting revenge porn cases. Australia There are relatively few laws dealing especially with this phenomenon. Victoria, the Northern Territory and South Australia have enacted various laws which deal with revenge porn, though many of these offences are extensions of the criminal harassment provisions Victoria was the first Australian state to make ... Show more content on Helpwriting.net ... In cases where a person is threatening to publish content for revenge, Giller v Procopets serves as authority that an application to a Court of competent jurisdiction could be made on an interlocutory basis to immediately restrain such publication based on an equitable breach of confidence. Subsequently after their break up the defendant tried to share the footage of the plaintiff to the plaintiff's friends, family and work colleagues. When the plaintiff heard of this she sued the defendant alleging a breach of privacy, breach of confidence and intentional infliction of mental harm. This case was significant because it followed domestic precedent for recovering damages for non–economic loss resulting from a breach of ... Get more on HelpWriting.net ...
  • 40.
  • 41. Bail Laws ( Nsw ) Bail laws (NSW) Bail has always been part of the common law system. In NSW, they have based their concept from the Statue of Westminster I (1275), where there are different categories that separates who are to be bailed or refused bail, which had become part of the Bail Act 1978 (NSW) and was enforced from March 1980. Bail Act 2013 (NSW) is the only other law that replaced Bail Act 1978 (NSW), but was amended by Bail Amendment Act 2014 (NSW), which is the final replacement coming into full effect in 28th January 2015. In Section 4 of the Bail Act 1978, it states that 'authorisation to be at liberty under this Act, instead of in custody' . This is otherwise known as bail, the act of permitting a person to a brief period of freedom who ... Show more content on Helpwriting.net ... If the prosecution can provide sufficient reasoning of why bail cannot be granted, the assumption of bail can be revoked. Serious drug related offences can also disprove the presumption for bail and (likewise towards aggressive offences) the accused must reason why bail should be permitted. Issue and effect on individuals and society Prior to 28th January 2015, bail laws posed significant loopholes in the system and are deemed to be ineffective to achieve justice. Accused offenders may get away with bail based with evidence in the case if it does not seem to pose a threat to the community. The problem persists within the conditions set for their bail, as responsibility lies upon the magistrate or police to impose appropriate conditions. However, though conditions do vary, it possesses a significant risk if the conditions enforced were not strict enough, opening vulnerabilities for the accused to commit another crime, slipping through their enforced conditions. Yet not enough has been done to alert the community of this flaw, which thus continued to believe that the criminal law system is protecting them. Effects are potentially dangerous, as individuals would face the growing rate of criminal activity and with limited policing resources, not everyone ensured to be protected in an unsafe suburban environment. If this issue continued to remain unresolved in the long term, it would slowly corrupt society values, with more individuals ... Get more on HelpWriting.net ...
  • 42.
  • 43. Final Code Test : A Case Against A Suspect Is Based On The... a) If I were the Crown prosecutor, I would start off with the full code test from the CPS 2013 Code for Crown Prosecutors. The decision on whether or not to charge a case against a suspect is based on the Full code test. There are 2 stages for the test and the first stage is the evidential stage, being noted in the CPS 4.4, a case must pass the evidential stage in order to proceed no matter the seriousness or how sensitive it may turn to be. With reference to the case scenario, we should see whether the evidence could be used in the court in order for prosecution. There are two pieces of evidence in total which are the physical attack on his wife, Tracy and the criminal damage on Tracy's best mate Tony's car which is parked in the car park respectively. The first piece of evidence is not strong enough as Tracy has always been reluctant to make a complaint against whenever the police called to the house. Although this is an important piece of evidence in relation to the evidence as a whole to show that Andrew has a caution for assault but without the proof of his wife's confession, this piece of evidence will not be treated as reliable. Looking into the second piece of evidence, it is about accusing Andrew for committing a criminal damage offence as his wife and Tony witness him using a cricket bat to cause a considerable damage on Tony's car. Although there are no other eye–witness but Tracy and Tony's witness will count as an evidence for Andrew's criminal damage act. ... Get more on HelpWriting.net ...
  • 44.
  • 45. Ryan Deluna. Independent Project. 1.Frequency Distribution Ryan DeLuna Independent Project 1. Frequency distribution of a variable and bar graph of the same variable A frequency distribution table is used for arranging data values and counting the number of time each value appears in a dataset. They can be used for both qualitative and quantitative variables. For this data pool I decided to use the subjects' marital status because it is a qualitative, nominal level variable. (Polit, 23) Frequency table results for racethn: Count = 972 racethn Frequency Relative Frequency Percent of Total Black, not Hispanic 795 0.81790123 81.790123 Hispanic 123 0.12654321 12.654321 White, not Hispanic 54 0.055555556 5.5555556 The table above is a frequency table that shows the relative frequency and the percent ... Show more content on Helpwriting.net ... The summary includes variance, mean, median, mode and standard deviation. As shown in the histogram majority of people in the data pool have a height of 62–68 inches. This is a symmetrical distribution seeing how close the mean and median are to each other. 3. Cross tabulation of two variables A cross tabulation is a two–dimensional frequency distribution of two nominal or ordinal variables that records the frequency of respondents that have the specific characteristics. These tables provide a wealth of information about the relationship between the variables. For an example I chose to use poverty levels and smoking to show how a contingency table can illustrate a frequency distribution. Poverty level is a nominal variable that will be the independent variable and the dependent variable will be smoking. The end table is a chi–square test and it is used to determine if the variables are unrelated. Contingency table results: Rows: smoker Columns: poverty Cell format Count (Row percent) (Column percent) (Percent of total)
  • 46. (Expected count) (Contributions to Chi–Square) Above poverty Below poverty Total No Count (Row percent) (Column percent) (Percent of total) (Expected count) (Contributions to Chi–Square) 127 (25.87%) (58.26%) (13.13%) (110.69) (2.4) 364 (74.13%) (48.6%) (37.64%) (380.31) (0.7) 491 (100%) (50.78%) (50.78%) Yes Count (Row percent) (Column percent) (Percent of ... Get more on HelpWriting.net ...
  • 47.
  • 48. Milk Movie Summary The film "Milk" by Sean Penn and was made in 2008. The movie was based on a man named Harvey Milk. Harvey Milk was fighting for gay rights as well as human rights. A brief summary for this film would probably go somewhat like this. The movie starts off with Harvey Milk meeting a man on a subway, the man was named Scott Smith. Harvey Milk and Scott Smith ended up being in an intimate relationship. Scott Smith inspired Harvey milk to run for supervisor, so that he can help the gay community. Milk runs to run for supervisor for 4 years and on the 5th ends up getting the job as supervisor. A man Dan White was apart of the San Francisco board of supervisors, Dan White quits his job and wants it back but the mayor, George Moscone, won't give it back because he had quit his job. Because of this Dan white goes to City Hall and assassinates the George Moscone and Harvey Milk. ... Show more content on Helpwriting.net ... Harvey Milk is outraged by this action from the police that he stands on a makeshift stage outside his shop and uses a megaphone to address to the people about what he had seen and what needs to be done about it. People start to listen to Harvey Milk, and his boyfriend Scott Smith inspires him to run to be a supervisor. The scene where the police are abusing the gay people is meaningful because if that hadn't had happened, Scott nor Harvey would have had the courage to stand up for what they believe in. The movie itself has a lot of meaning, mainly because it was an actual event is U.S history and it happened in the Bay Area. Because of this event it allowed many gay people to come out in a way. They all showed how much they cared about Harvey, even people who were straight went across the city to mourn for him. They all mourned outside of city hall, they all had candles in their hand and the streets lit up while people mourned for ... Get more on HelpWriting.net ...
  • 49.
  • 50. Summary Of The Movie Crash Plot Summary: Crash can be summed up as a movie that chronicles the prejudice nature of each of its characters in the lives of strangers who are intermingled in a variety of situations to expose that racism effects everyone. In my opinion, the message to the audience is clear: to preach the dismissal of prejudice and acceptance of all races and genders, regardless of one's own ethnicity. Every character has prejudice views at some point, regardless of race, ethnicity, or personality. Without a doubt, my favorite character has to be Dorri, the Persian daughter of the shop owner, Farhad & Shereen and his wife. Despite constantly being in the line of prejudice fire, she always keeps her calm. She works as a medical worker and in the end, she saves the life of a little girl by providing her father with a gun loaded with blank bullets. While everyone else is constantly criticizing each other and producing racial slurs, she has only one sassy moment, when the gun ... Show more content on Helpwriting.net ... The first example of this is seen at the very start of the movie when: Esposito's character, Maria, or Ria as she calls herself getting into an accident with an oriental woman who makes the statement that the accident was Ria's fault because "Mexicans do not know how to drive and she did not see her "blake" light." And she responds with equal racism. "Maybe if you see over steering wheel, you blake too." The next example of racism involves a Mexican man named Daniel and my least favorite racist of the movie, Jean, who hates anyone who isn't "like her" aka any ethnicity except Caucasian. He is fixing her door and she automatically assumes that he would sell the key and demands to have her door re–keyed in the morning based upon the Mexican stereotype he is a gangbanger who is going to sell her key so that the house can be broken into. The man, clearly offended by the racism chooses to turn the other cheek and set both sets of keys on the ... Get more on HelpWriting.net ...
  • 51.
  • 52. Criminal Law Does Not Punish People For Commit A Crime CRIMINAL ATTEMPT:::: Introduction: Criminal law does not punish people for aiming to commit a crime, but it identifies that conduct intended at committing a crime may be just as to blame if it fails to reach its aims as if it had been successful. Hence, the offence of attempt existed at common law but it is now regulated by statute, the Criminal Attempts Act 1981. ACTUS REUS OF ATTEMPT The 1981 Act imposes liability on those who do an act which is more than merely preparatory to the commission of the offence. Although the jury must decide whether there is evidence on which a jury could find that there has been such an act, the test of whether the defendant's acts have gone beyond the merely preparatory stage is essentially a question of fact for the jury S.4(3) of the 1981 Act. Furthermore, an offender may be guilty of attempting to commit a particular offence where he does not complete the full offence, but has taken sufficient steps for his conduct to be classed as criminal by law. An attempt is a statutory offence and is charged under S.1 (1) of the Criminal Attempts Act 1981. Which stated that "a defendant is guilty of attempting to commit an offence if the defendant take steps which are more than merely preparatory towards the commission of that offence''. S.1 (4) of the Act also stated that, "a defendant may only be convicted under the Act of an Attempt of an indictable offence (i.e, an indictable only offence or an offence or an offence triable either way). A ... Get more on HelpWriting.net ...
  • 53.
  • 54. Journal Entries Study Guide This journal entry will mainly be focusing on chapter 4 which is about summarizing. Each journal entry is about different chapters but when writing these entries, it gives a good understanding of each of the chapters and what specifically we have learned from the chapters. Summarizing is used throughout your career and in every aspect of your life while you read anything. People summarize topics and articles all the time. In my opinion, I feel reading a summery is easily and faster than reading an entire book article. You can get a good and core understand of any topic quickly just by reading a summary. People also usually summarize everything; not only is summaries used in books but it is also used in movies and shows to give us a mini summery of what the movie or television show is mainly about without having to watch the whole movie or show. I know for myself, I have read up on a lot of summaries for previous televisions shows that I might have missed so that I can catch on to the present episodes. Summaries can also be used at work when you are trying to help someone understand and teach a specific topic and not have them go through reading and understanding pages. Now, how to write a summary becomes the difficult part. Not everyone knows how to write a summery or how to summarize topics. It becomes difficult for people to read a whole article, book, or chapters and have to summarize them into a 1–2 page paper explaining the main concepts and ideas. There are a lot of ... Get more on HelpWriting.net ...
  • 55.
  • 56. The Interventions Of A Offender Manager 's Risk By... This essay will critically reflect on the interventions used in the community to manage offender's risk by identifying the strengths and weaknesses of communication, between Offender Managers and external agencies. An evaluation will be made of how Offender Managers are able to use feedback from community interventions, to effectively manage an individuals risk throughout supervision sessions and explore different strategies used in order build a relationship and manage compliance throughout an order. This essay will highlight diversity issues raised and how future practice can be improved from reflecting on current work. I will be referring to two case studies drawn from my own practice as a Probation Service Officer (PSO), Mr N and Mr C, and demonstrate how theoretical literature and research has informed decision–making in managing risk and planned interventions. An Offender Manager's (OM) role identified by Goldhill & Skinner, 2013, is to build a rapport, understand an offender's pathway to offending, undertake a risk assessment that addresses the risk of reoffending, the risk of harm that they pose, and to devise a plan for supporting them out of offending. In order to manage the risk in both cases, I have used the risk assessment tools Offender Assessment System (OASys) and the Offender Group Reconviction Scale (OGRS) to determine that both the offenders which I will be referring to pose a medium risk of reoffending. OASys was introduced in the Probation Service in ... Get more on HelpWriting.net ...
  • 57.
  • 58. Assignment 1 Answer Essay [pic] BUQU 1230 Assignment #1 Solve the following 3 problems: 1– Consider the data set for the sample of 10 minisystems that is posted on the course web site. Open the Excel "Minisystems" file and answer the following questions: a. What are the elements in this study? How many elements are in the data set? Brand & Model b. How many variables are in the data set? 5 Variables (Price, Sound Quality, CD Capacity, FM Tuning, and Tape Decks) c. Which of the variables are quantitative and which are categorical? Categorical: Sound Quality, FM Tuning, and Tape Decks Quantitative: Price and CD Capacity d. What is the average CD capacity for the sample? 3 e. What percentage of ... Show more content on Helpwriting.net ... A frequency distribution (use a class width of 3 hours) b. A relative frequency distribution c. A histogram d. An ogive e. Comment on what the data indicate about personal computer usage at home. The majority of people (about 75%) spend less than 7 hours per week using their computers and only 4 percent of people use their computers between 12.7 and 15.7 hours a week. |Hours |Freq. |Relative | | | |Freq. | |0.7–3.69 |12 |0.24 | |3.7–6.69 |25 |0.5 | ... Get more on HelpWriting.net ...
  • 59.
  • 60. Meg Murry Should Be Granted Summary Judgement Essay MEG MURRY SHOULD BE GRANTED SUMMARY JUDGEMENT BECAUSE TO EFFECTIVELY ANALYSIS THE SUBSTAINAL SIMILARITIES BETWEEN BOOKS WHEN THE ELEMENTS UNDER SPECULATION ARE UNPROCTABLE; THE DISCERNING OBSERVER IS MOST APPROPRIATE. A motion for summary judgment may be granted by a district court when the similarity concerns only uncopyrightable elements of alleged infringed work or when no reasonable trier of fact could find the works substantially similar. (Castle, Walker) When the works contain both protectable and unprotectable elements, the examination must be more discerning, extracting the unprotectable elements from the works and asking whether the protectable elements, standing alone, are substantially similar. (knit, Tufenkian). The discerning ordinary observer test must be applied in conjunction with the total concept and feel where after the unprotectable elements are eliminated from consideration an assessment of the total concept and feel of the works at issue. (bOISSON) Only when the alleged infringed work consumes protectable elements does the ordinary observer apply; here if an average lay observer would recognize the alleged copy as having been appropriated from the copyrighted work would be substantially similar. (boisson, knit) After the ordinary observer test or the more discerning inquiry is applied, the works are to be examined by the total concept and feel. (KINT) The Second Circuit court routinely grants summary judgment when there is no copyright infringement ... Get more on HelpWriting.net ...
  • 61.
  • 62. The Oliver Versus Brock Case A civil suit is commonly derived from a private party or individual, who alleges damages from duty of care. Once a civil case begins, it is the duty of the plaintiff to prove, with evidence, duty of care, breach of duty, causation, and damages. Conversely, the defendant must prove their affirmative defense against documented allegations. The Oliver versus Brock case proves the importance of supporting evidence as opposed to hearsay statements, to prove the truth of the matter. In the Oliver versus Brock case, Cathy (Plaintiff) filed a lawsuit against Bryan Whitfield Memorial Hospital of Demopolis and the treating physicians Dr. F.S. Whitfield, Dr. Paul Ketcham and Dr. E.C. Brock (Defendant) for negligence of care. Analyzing the facts in ... Show more content on Helpwriting.net ... Based on the information provided, Oliver's allegations were not supported with documentation, but merely opinion and hearsay. In Oliver's affidavit, she stated that she "read" in the discharge summary that Dr. Brock was consulted and assisted with treatment. Although the supporting documentation of the previous statement is important, the more pressing issue becomes whether a doctor–patient relationship was formed in order to support the allegations. Contrary to the alleged, Dr. Brock refuted the claim, defending that he never established a doctor– patient relationship with Anita, which relieves him of liability. In order to validate his refute, Dr. Brock provided four factual elements that were supported by his counterparts; Dr. Whitfield and Dr. Ketcham. The four elements that were presented in the affidavit included: (1) That there has never been a doctor–patient relationship between Dr. Brock and Anita Oliver, (2) Dr. Brock has never seen or talked to Anita or Cathy Oliver, (3) Dr. Brock was not employed, engaged or requested to serve as a consultant to treat Anita, (4) and Dr. Brock was not employed or engaged to consult with doctors treating Anita, concerning complaints or medical problems. In order to support Dr. Brock's refute, Dr. Whitfield and Dr. Ketcham provided affidavit's as ... Get more on HelpWriting.net ...
  • 63.
  • 64. 1776 Movie Summary Introduction The film 1776, directed by Peter H Hunt, produced by Columbia Pictures, and starring actors such as William Daniels, Howard Da Silva, Ken Howard, and more is a comedic and musical retelling of the events and struggles occurring in congress leading up to the declaration of the USA's independence from Britain. The film takes place during 1776 in Philadelphia, mostly within the Carpenter's Hall where the Second Continental Congress was held. While it only took place within Philadelphia, it was able to present the attitudes of the different colonies through the delegates. Summary of 1776 The story starts out looking at an unhappy John Adams who is calling on congress to acknowledge his ideas of independence for America, he is denied by congress and told to sit down. After failing to be heard once again, Adams resorts to allowing someone else recommend independence and the responsibility fell to Richard Lee. When the Congress reconvenes in June and Richard Lee proposes independence which is approved to be debated upon. The debate ensues and Dickinson defends Britain, making Adams seem as though he is only greedy and revolution is unnecessary. Franklin argues that they should not be part of Britain because they do not have the full rights of an Englishmen. The debate ends after Rodney faints and Delaware's vote is turned to no, moving to postpone the debate indefinitely. The vote for independence became six to six after New Jersey finally arrived and voted, though ... Get more on HelpWriting.net ...
  • 65.
  • 66. Essay on 42 Movie Summary Megan Hetterick's 42 movie summary. Jackie Robinson, 42, first black man to play on a team of all whites and make it to the world championship. He rocks. His number is retired and people wear the number 42 on their jersey every year for one day because of him. All of this information I got from the movie 42. The movie was amazing and very good! In the beginning when it showed how he became selected was different than what I imagined it would've been done. During the movie there were threats from white people saying they'd come where Robinson lived and hurt him or something, so he left with the black reporter guy who later became a part of the American Baseball Press or whatever it was called. However, Robinson thought that he was ... Show more content on Helpwriting.net ... At the very end of the movie it showed what the 'main' people did after the movie stopped. One thing that I will say that bugged me and made me sad and disappointed was the part when the dad and boy are in the stands and are excited fro Pee Wee to come out and then Robinson comes out and the dad starts to yell "get out of here nigger! You don't belong here!" and the rest of the crowd does the same and the kid looks confused and then joins in screaming the same things, but then Pee Wee puts his arm around Robinson and the look on the boys face looked sad and disappointed in himself or so. That scene made me sad and disappointed in the father for setting such an example for his son and making him say something he was unsure of or however he felt about it. The look on the boys face when Robinson came out and everyone including his dad started yelling at him and saying those things, the boy looked a little scared or unsure and concerned about what to do and such. Broke my heart a little, but it was what it was. Overall, amazing movie!! For sure a favorite! ... Get more on HelpWriting.net ...
  • 67.
  • 68. America V. Grey Loon Case Summary CASE: PIECE OF AMERICA V. GRAY LOON MARKETING CITATION PIECE OF AMERICA, Appellant (Defendant below), v. GRAY LOON OUTDOOR MARKETING GROUP, INC., Appellee (Plaintiff below). 906 N.E.2d 805; 2009 Ind. LEXIS 465; 69 U.C.C. Rep. Serv. 2d (Callaghan) 71 FACTS Piece of America was a limited partnership that was composed of three general partners including F.W. Splittorff, Dennis Conwell, and Robert Aswell. The company offered a uniqueness bundles: one–square–inch parcels of land in each of the fifty states. Piece of America contacted Gray Loon Marketing to design and publish its website. The design project was given to piece of America with an assessed price of $8080, in September 2003. Gray Loon finished the website in December 2013 at a final cost of ... Show more content on Helpwriting.net ... It would be a mistake, for instance, to treat software as a good simply because it was contained in a tangible medium that fits within that category. This would conflate the sale of a book with the sale of its intellectual content, suggesting that the purchaser of the book might be buying a right to general use of the expressions contained in the volume. A website created under arrangements calling for the designer to fashion, program, and host its operation on the designer's server is neither tangible nor moveable in the conventional sense. To be sure, one can copy a website using tangible, movable objects such as hard drives, cables, and disks. These objects are in themselves just as certainly goods, but it does not necessarily follow that the information they contain classifies as goods as well. The arrangement between POA and Gray Loon contemplated a custom design for a single customer and an ongoing hosting relationship. As such, conventional "predominant thrust" doctrine suggests that the U.C.C. did not ... Get more on HelpWriting.net ...
  • 69.
  • 70. Life Renewal Inc Case Study QUESTIONS PRESENTED 1. Per the Minton's Evidence Code and the Daubert Standard, does Alice Dillworth's educational and practical background, knowledge of ice hockey injuries, and research on prosthetics qualify her as admissible to assist Life Renewal Inc. in determining a fact at issue? 2. Did the warning of Life Renewal Inc.'s Phoenix I provide users with proper instructions for what instruments are permitted to be used with the product, and adequately warn users that the product was not intended to be used in activities that caused stress of twenty or more pounds due to the risk of product failure and serious injury? PROCEDURAL HISTORY Dmitri Christov filed a complaint on January 9, 2016 against Life Renewal Inc., which alleged that Life ... Show more content on Helpwriting.net ... R.22. The weight–bearing test involved participants lifting dumbbells with the Phoenix I. R.22. The Phoenix I was found to not be suitable for such activity. R.22. During the weight–bearing test, three of the eighteen participants had minor difficulty lifting a twenty–five pound dumbbell. R.22. The legal team was advised to err on the side of caution when determining the maximum amount of weight that could be lifted by the Phoenix I, and thus the twenty–pound limit was set. R.22. None of the participants had difficulty lifting the weight of twenty pounds. R.22. The swing test comprised of participants hitting golf balls that weighed five times the weight of an average golf ball. R.22. The participants spent over thirty hours driving the heavy golf balls with the goal of discovering any possible injuries or prosthetic malfunctions involving the grip of the golf club. R.22. Two participants had discomfort in the beginning of the swinging test, but were able to complete the test without issue. R.22. The final round of testing had the participants playing ten hours of informal scrimmage with each participant using a lacrosse stick. R.22. The purpose of this test was to assess the Phoenix I's range of motion via catching the ball in the air, and the transition from a scooping position to a throwing movement. ... Get more on HelpWriting.net ...
  • 71.
  • 72. Still In The Dark Silent Movie Audience By Gregg Bachman... After reading the article "Still in the Dark – Silent Movie Audiences" by Gregg Bachman, the experiences of movie goers helped me understand how people watched or experienced movies when it first started out. For instance, one person said "You felt part of it; you became part of the picture with what was taking place. We were part of the picture" (pg. 121) meaning that as a movie goer you felt the emotion or action of the film. This emotion still holds true, when I go watch a movie, I always feel the emotion of the characters throughout out the film. For instance, when I was watching, the film 13 Hours, a movie about the secret soldiers of Benghazi, the level of emotion throughout the film was high because the soldiers were trying to survive and keep others safe while risking their own life's. I think that when men and women go to movies today, it is more acceptable to show your emotions even though it was entirely accepted in the past. Admittedly, when going to the movies it was seen as the highlight of the week because you would do anything just go see a movie on a Saturday or Sunday night. In the article, "Still in the Dark – Silent Movie Audiences" by Gregg Bachman, one ... Show more content on Helpwriting.net ... In the article, "Still in the Dark – Silent Movie Audiences" by Gregg Bachman, one person said "Going to the movie was extra special. I thought it a luxury to see a silent movie" (pg. 123) showing that during that time going to the movies was sometimes considered a luxury and not routine. Personally, when growing up, going to see a movie was a special occasion and our family would go out to eat after the movie. Today, my family does not go to the movie theater often so it is still considered to be a special occasion to us. However, there is some families that would make going to the movies part of their weekend ... Get more on HelpWriting.net ...
  • 73.
  • 74. Memo for Motion Against Summary Judgment Essay I. Introduction and Standard for Opposition to Summary Judgment Crowell Academy, Inc. and Arturo Gomez, (hereinafter, collectively "Crowell") were grossly negligent and used willful misconduct in their responsibilities involving the fencing club. The bargaining power of Crowell was so grossly unequal so as to put Lajuana Barnett at the mercy of Crowell's negligence. Lastly, the exculpatory clause contained in the release form (see release form) is void as against public policy. Consequently, under Maryland law, it is up to the trier of fact to determine if the exculpatory clause is unenforceable. As such, there is a dispute as to the genuine issue of material fact related to Crowell's Answer, Crowell can be liable to Lajauna Barnett ... Show more content on Helpwriting.net ... The defendant did not ask whether the plaintiff was left or right handed, and the plaintiff, not knowing otherwise, put on her equipment the same way as she saw the other members of the club putting on their gear. A waiver of a right to sue is ineffective to shift the risk of a party's own willful, reckless, or gross conduct. Id. at 543 (citing Winterstein v. Wilcom, 16 Md.App. 130, 134–36, cert. denied, 266 Md.744 (1972)). In the present case, the defendant was "certified by the U.S. Fencing Association to provide instruction in fencing" and was to "instruct fencing club members in the proper methods of fencing." These are direct quotes taken from the release form signed by the plaintiff. In signing the exculpatory clause, plaintiff was to release defendant from "any and all claims" arising out of student's participation in fencing club activities. In return, plaintiff was to receive instruction in the proper methods of fencing. This includes proper instruction in putting on the safety equipment, arguably the most important aspect of the sport of fencing. The wording any and all claims can be construed as ambiguous. It would be against public policy to hold valid a claim that released the defendant from any and all claims arising out of fencing club activities, including claims arising from the defendant's negligence. The plaintiff signed the exculpatory clause releasing the defendant from ... Get more on HelpWriting.net ...
  • 75.
  • 76. Movie Summary Of The Movie The Mission The movie, The Mission, gives a good detail onto the historical context on the imposition of other societies' colonial and political objectives towards the native peoples of Paraguay. The similar scenario throughout the history of humanity of imperialist civilizations and forces invading other native lands and impose their beliefs, political systems, and society attitudes towards native peoples unfamiliar in their way of life and understanding of humanity is presented in the movie with great detail, this time with Spain and Portugal imposing their political and religious systems onto the Guarani people. The move culminates with the Guarani War of 1754 – 1756, in which the Guarani tribe defend their territory from the Spanish and Portuguese ... Show more content on Helpwriting.net ... From the time of the middle of the 17th century during the paulista slave raids, the Guarani tribe considered the Portuguese to be an enemy of their civilization and their way of life. The Guarani that considered themselves loyal to the Spanish royal government resisted the Treaty of Madrid, regardless of the advice that were given by the Jesuit missions at the time. The Guarani's protest movement did not bear the results that had been wished since the Spanish Empire ignored all grievances of the Guarani tribe. As a result of the failure of the protest movement, many of the Guarani decided to leave the Jesuit missions. However, other sects of the Guarani decided that armed rebellion and resistance was necessary against Spanish and Portuguese imperialism. The forces established by the Guarani tribe could not go against the superiority of the colonial forces. The opponents of the Jesuits missions in Europe blamed them for the Guarani resistance. After the failed resistance against Spanish imperialism, the Jesuits no longer enjoyed support from royal officials of the Spanish and Portuguese government. Charles III in 1767 ordered the expulsion of the Jesuits from the Spanish empire. After the expulsion, Charles III ordered royal administrators to govern the Guarani missions. The movie, The Mission, does a great job in terms of the historical interpretation of the Guarani war and the imperialism exhibited by the Spanish and Portuguese empires. In ... Get more on HelpWriting.net ...
  • 77.
  • 78. Statistic Study Notes Wgu (Selected Chapters) Essay Using Research and Statistics in Health Care *14 this topic addresses the following learning objectives: * Explain the role of research in developing knowledge for use in health care evidence– based practice situations. * Identify several ways that research can influence healthcare policy. * Identify peer–reviewed healthcare research articles. * Differentiate between descriptive and inferential research questions in a peer–reviewed article on healthcare research. * Identify the problem statement/purpose/aim in a peer–reviewed article on healthcare research. * Identify the theoretical or conceptual framework used in a peer–reviewed article on healthcare research. * Differentiate between Anderson's model of ... Show more content on Helpwriting.net ... Theory of Planned Behavior A theory often used in the research of individual health behavior and behavioral intentions is the theory of planned behavior (Ajzen, 1991). According to this theory, the performance of any behavior depends on behavioral intention. Behavioral intention is viewed as being dependent on behavioral beliefs (e.g., attitude towards the behavior), normative beliefs, and control beliefs. Normative beliefs are beliefs about the expectations of others, and control beliefs are beliefs about the factors that may help or hinder the performance of the behavior. The framework for the study of physical activity discussed earlier by Armitage (2005) is based on this theory. That study found that behavioral beliefs, normative beliefs, and control beliefs all contribute to physical activity behavior. Organizing, Displaying, and Describing Data *10 This topic addresses the following learning objectives: * Explain the nature, purpose, and types of statistics available for analyzing healthcare–related data. * Define mathematical symbols commonly used in healthcare ... Get more on HelpWriting.net ...
  • 79.
  • 80. The Court Of Appeals Affirmed The Dismissal The Court of Appeals affirmed the dismissal. The court concluded that even though there were "identical floor areas, number of parking spaces, the provision of a public plaza, the use of public art, and the orientation of the buildings to ensure water views," many of these were standard features for high–rise developments and could not be protected because they were simply abstract ideas. Furthermore, there were differences between the two designs including the dimensions of a glass roof on the building, the absence of ornamental ribbons in the defendant's design, and additional balconies that were not present in the plaintiff's designs. The court viewed these differences as substantial enough so that no reasonable person would view the structures as being substantially similar. As such, the court concluded that even in the pleading stages of litigation (before discovery), the trial court did not err in dismissing the claim. Peter highlights the courts' general unwillingness to recognize infringement of architectural works. There was no doubt that the defendant in Peter had access to the plaintiff's plans (they worked together previously), and there were certainly some overt similarities in the two developments. However, the court would not even allow the plaintiff the benefit of discovery because, in its view, the differences were too substantial. While making such a fact intensive determination at the pleading stage may be somewhat brash, the nature of "thin" ... Get more on HelpWriting.net ...