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Ohner owns the Acme Hotel. When the International Order of Badgers came to town for its convention, its members rented 400 of the 500 rooms, and the hotel opened its convention facilities to them. Badgers are a rowdy group, and during their convention they littered both the inside and the outside of the hotel with debris and bottles. The hotel manager knew that objects were being thrown out of the hotel windows. At his direction, hotel employees patrolled the hallways telling the guests to refrain from such conduct. Ohner was out of town and was not aware of the problems which were occurring. During the convention, as Smith walked past the Acme Hotel on the sidewalk, he was hit and injured by an ashtray thrown out of a window in the hotel. Smith sued Ohner for damages for his injuries. Will Smith prevail in his claim against Ohner?
0. Yes, because a property owner is strictly liable for acts on his premises if such acts cause harm to persons using the adjacent public sidewalks.
1. Yes, if the person who threw the ashtray cannot be identified.
2. No, because Ohner had no personal knowledge of the conduct of the hotel guests.
3. No, if the trier of fact determines that the hotel employees had taken reasonable precautions to prevent such an injur
of culling a population is outweighed by the detrimental effect on neighbouring populations of badgers. he is reported as saying that a huge number of badgers would have to be killed to make a difference and while it is cheap and easy to exterminate animals in the early days of a cull, it gets harder and more expensive as time goes on. a defra - funded statistical analysis from 2013 β 2017 has shown reduced incidence of farms affected by btb of 66 % in gloucestershire and 37 % in somerset. after two years of culling in dorset, no change in incidence was observed. = = = = proposed 2014 / 15 cull = = = = on 3 april 2014, owen paterson decided to continue the culling trials in 2014, in the same areas of gloucestershire and somerset as the 2012 / 13 cull. on 20 may 2014, the badger trust applied for a judicial review of this policy in the high court, claiming that paterson unlawfully failed to put into place an independent expert panel to oversee the process. in response to a freedom of information act request submitted by the humane society international ( hsi ) uk, defra said that for nearly a year, it had been conducting initial investigations into carbon monoxide gas dispersal in badger sett - like structures. no live badgers have been gassed. hsi expressed concerns about the extent to which gassing causes animal suffering. = = = the 2014 / 15 cull ( england ) = = = in september 2014, a second year of badger culling began in gloucestershire and somerset as during 2013 / 2014. the cull had previously been stated to be extended to a further 10 areas. the badger trust claimed at the high court that this cull would take place without independent monitoring, but defra has denied this, saying experts from natural england and the animal health veterinary laboratory agency will be monitoring the cull. in june 2015, the national trust, one of the largest landowners in the uk, stated it would not be allowing badger cullers onto their land until the results of all 4 years of pilot trials were known. = = = = aims = = = = the 2014 / 15 cull targets had been lowered to 316 badgers in somerset and 615 in gloucestershire. overall, the aim was for a reduction of 70 % in badger populations over the successive culls. this was to be achieved with an emphasis on trapping badgers in cages and shooting them at dawn, rather than " free shooting ". = = = = protests = = = = as in
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
doing business with the owner or their tenants and include such people as salesmen, commercial travellers, etc. the duty of care owed to licensees are not quite as extreme as in the case of the invitees. = = = trespassers = = = these are classified as people who intrude onto property without permission. the degree of care owed to trespassers, although slight, nevertheless exists particularly in situations where a source of danger is deliberately created or where small children are involved. an example would be where live wires were left exposed after the centre had closed. if some children entered the premises for some reason, despite that reason, if they were injured the owner of the centre would be liable. = = ballpark model = = the ballpark model is a system under which users of a facility do so at their own risk. the name arises from the fact that visitors to a ballpark bear the risk of getting hit by bats, balls, and other objects flying into the stands at high velocities. an example of this type of system is new hampshire's lack of a requirement that motorists carry liability insurance. the risk of getting hit by a driver who has neither insurance nor the means to pay for damages is borne by other motorists. it is in contrast to the disneyland model. = = disneyland model = = the disneyland model is a proposed system in which users of a service would bear no risk for damage or injuries they sustain that are caused by others, as full liability would be imposed upon the responsible party ( and / or their insurers ). it is in contrast to the ballpark model, under which people use a service at their own risk. the disneyland model is frequently advocated as a method by which licensure of motorists and their vehicles could be privatized. before a person would be granted a license plate, they would need to obtain liability insurance without any caps on coverage amount. the name comes from the fact that at disneyland, the company is liable for any accidents that befall a customer if they, for instance, ride a ride they were too short for. = = references = =
shamed facilities that violated osha safety and health regulations led other facilities to increase their compliance and to experience fewer workplace injuries. the study estimated that each press release had the same effect on compliance as 210 inspections. much of the debate about osha regulations and enforcement policies revolve around the cost of regulations and enforcement, versus the actual benefit in reduced worker injury, illness, and death. a 1995 study of several osha standards by the office of technology assessment ( ota ) found that osha relies " generally on methods that provide a credible basis for the determinations essential to rulemaking. " though it found that osha's findings and estimates are " subject to vigorous review and challenge ", it stated that this is natural because " interested parties and experts involved in rulemakings have differing visions. " osha has come under considerable criticism for the ineffectiveness of its penalties, particularly its criminal penalties. the maximum penalty is a misdemeanor with a maximum of 6 months in jail. in response to the criticism, osha, in conjunction with the department of justice, has pursued several high - profile criminal prosecutions for violations under the act and has announced a joint enforcement initiative between osha and the united states environmental protection agency ( epa ) which has the ability to issue much higher fines than osha. meanwhile, congressional democrats, labor unions, and community safety and health advocates are attempting to revise the osh act to make it a felony with much higher penalties to commit a willful violation that results in the death of a worker. some local prosecutors are charging company executives with manslaughter and other felonies when criminal negligence leads to the death of a worker. a new york times investigation in 2003 showed that over the 20 - year period from 1982 to 2002, 2, 197 workers died in 1, 242 incidents in which osha investigators concluded that employers had willfully violated workplace safety laws. in 93 % of these fatality cases arising from wilful violation, osha made no referral to the u. s. department of justice for criminal prosecution. the times investigation found that osha had failed to pursue prosecution " even when employers had been cited before for the very same safety violation " and even in cases where multiple workers died. in interviews, current and former osha officials said that the low rates of criminal enforcement were the result of " a bureaucracy that works at every level to thwart criminal referrals.... that fails to reward, and sometimes penalizes, those who push too hard for prosecution
in the rbct, the post - 2010 culls in england also allowed for the first time, " free shooting ", i. e. shooting free - roaming badgers with firearms. licences to cull badgers under the protection of badgers act 1992 are available from natural england, which require applicants to show that they have the skills, training, and resources to cull in an efficient, humane, and effective way, and to provide a badger control plan. this meant that farmers were allowed to shoot the badgers themselves, or to employ suitably qualified persons to do this. the actual killing of the badgers was funded by the farmers, whereas the monitoring and data analysis were funded by defra. = = = = aims = = = = a defra statement, published in october 2012, stated, " the aim of this monitoring is to test the assumption that controlled shooting is a humane culling technique. " the statement makes no indication that the cull would assess the effectiveness of reducing btb in the trial areas. a badger trust statement indicated the 2012 / 13 badger cull had these specific aims : determine whether badger cull targets for each pilot area can be met within six weeks with at least 70 % of the badger population removed in each cull area determine whether shooting " free - running " badgers at night is a humane way of killing badgers. determine whether shooting at night is safe with reference to the general public, pets, and livestock again, the statement made no indication that the cull would assess the effectiveness of reducing btb in the trial areas. = = = = concerns regarding free shooting = = = = permission to allow free shooting for the first time during the cull of 2012 / 13 raised several concerns. one suggested method to avoid endangering the public would be for shooters to stand over setts and shoot badgers near the entrances, but a report to defra by the game conservancy trust ( 2006 ) indicated that a major problem with shooting near the sett is that wounded badgers are very likely to bolt underground, preventing a second shot to ensure the animal is killed. under these conditions, the first shot must cause the badger to collapse on the spot, limiting the choice of target sites to the spine, neck, or head. colin booty, the rspca's deputy head of wildlife, said : " shooting badgers might be very different from shooting foxes, say, because their anatomy is very different. the badger has a very thick skull, thick skin,
Answer:
|
No, if the trier of fact determines that the hotel employees had taken reasonable precautions to prevent such an injur
| null |
Ohner owns the Acme Hotel. When the International Order of Badgers came to town for its convention, its members rented 400 of the 500 rooms, and the hotel opened its convention facilities to them. Badgers are a rowdy group, and during their convention they littered both the inside and the outside of the hotel with debris and bottles. The hotel manager knew that objects were being thrown out of the hotel windows. At his direction, hotel employees patrolled the hallways telling the guests to refrain from such conduct. Ohner was out of town and was not aware of the problems which were occurring. During the convention, as Smith walked past the Acme Hotel on the sidewalk, he was hit and injured by an ashtray thrown out of a window in the hotel. Smith sued Ohner for damages for his injuries. Will Smith prevail in his claim against Ohner?
0. Yes, because a property owner is strictly liable for acts on his premises if such acts cause harm to persons using the adjacent public sidewalks.
1. Yes, if the person who threw the ashtray cannot be identified.
2. No, because Ohner had no personal knowledge of the conduct of the hotel guests.
3. No, if the trier of fact determines that the hotel employees had taken reasonable precautions to prevent such an injur
of culling a population is outweighed by the detrimental effect on neighbouring populations of badgers. he is reported as saying that a huge number of badgers would have to be killed to make a difference and while it is cheap and easy to exterminate animals in the early days of a cull, it gets harder and more expensive as time goes on. a defra - funded statistical analysis from 2013 β 2017 has shown reduced incidence of farms affected by btb of 66 % in gloucestershire and 37 % in somerset. after two years of culling in dorset, no change in incidence was observed. = = = = proposed 2014 / 15 cull = = = = on 3 april 2014, owen paterson decided to continue the culling trials in 2014, in the same areas of gloucestershire and somerset as the 2012 / 13 cull. on 20 may 2014, the badger trust applied for a judicial review of this policy in the high court, claiming that paterson unlawfully failed to put into place an independent expert panel to oversee the process. in response to a freedom of information act request submitted by the humane society international ( hsi ) uk, defra said that for nearly a year, it had been conducting initial investigations into carbon monoxide gas dispersal in badger sett - like structures. no live badgers have been gassed. hsi expressed concerns about the extent to which gassing causes animal suffering. = = = the 2014 / 15 cull ( england ) = = = in september 2014, a second year of badger culling began in gloucestershire and somerset as during 2013 / 2014. the cull had previously been stated to be extended to a further 10 areas. the badger trust claimed at the high court that this cull would take place without independent monitoring, but defra has denied this, saying experts from natural england and the animal health veterinary laboratory agency will be monitoring the cull. in june 2015, the national trust, one of the largest landowners in the uk, stated it would not be allowing badger cullers onto their land until the results of all 4 years of pilot trials were known. = = = = aims = = = = the 2014 / 15 cull targets had been lowered to 316 badgers in somerset and 615 in gloucestershire. overall, the aim was for a reduction of 70 % in badger populations over the successive culls. this was to be achieved with an emphasis on trapping badgers in cages and shooting them at dawn, rather than " free shooting ". = = = = protests = = = = as in
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
doing business with the owner or their tenants and include such people as salesmen, commercial travellers, etc. the duty of care owed to licensees are not quite as extreme as in the case of the invitees. = = = trespassers = = = these are classified as people who intrude onto property without permission. the degree of care owed to trespassers, although slight, nevertheless exists particularly in situations where a source of danger is deliberately created or where small children are involved. an example would be where live wires were left exposed after the centre had closed. if some children entered the premises for some reason, despite that reason, if they were injured the owner of the centre would be liable. = = ballpark model = = the ballpark model is a system under which users of a facility do so at their own risk. the name arises from the fact that visitors to a ballpark bear the risk of getting hit by bats, balls, and other objects flying into the stands at high velocities. an example of this type of system is new hampshire's lack of a requirement that motorists carry liability insurance. the risk of getting hit by a driver who has neither insurance nor the means to pay for damages is borne by other motorists. it is in contrast to the disneyland model. = = disneyland model = = the disneyland model is a proposed system in which users of a service would bear no risk for damage or injuries they sustain that are caused by others, as full liability would be imposed upon the responsible party ( and / or their insurers ). it is in contrast to the ballpark model, under which people use a service at their own risk. the disneyland model is frequently advocated as a method by which licensure of motorists and their vehicles could be privatized. before a person would be granted a license plate, they would need to obtain liability insurance without any caps on coverage amount. the name comes from the fact that at disneyland, the company is liable for any accidents that befall a customer if they, for instance, ride a ride they were too short for. = = references = =
shamed facilities that violated osha safety and health regulations led other facilities to increase their compliance and to experience fewer workplace injuries. the study estimated that each press release had the same effect on compliance as 210 inspections. much of the debate about osha regulations and enforcement policies revolve around the cost of regulations and enforcement, versus the actual benefit in reduced worker injury, illness, and death. a 1995 study of several osha standards by the office of technology assessment ( ota ) found that osha relies " generally on methods that provide a credible basis for the determinations essential to rulemaking. " though it found that osha's findings and estimates are " subject to vigorous review and challenge ", it stated that this is natural because " interested parties and experts involved in rulemakings have differing visions. " osha has come under considerable criticism for the ineffectiveness of its penalties, particularly its criminal penalties. the maximum penalty is a misdemeanor with a maximum of 6 months in jail. in response to the criticism, osha, in conjunction with the department of justice, has pursued several high - profile criminal prosecutions for violations under the act and has announced a joint enforcement initiative between osha and the united states environmental protection agency ( epa ) which has the ability to issue much higher fines than osha. meanwhile, congressional democrats, labor unions, and community safety and health advocates are attempting to revise the osh act to make it a felony with much higher penalties to commit a willful violation that results in the death of a worker. some local prosecutors are charging company executives with manslaughter and other felonies when criminal negligence leads to the death of a worker. a new york times investigation in 2003 showed that over the 20 - year period from 1982 to 2002, 2, 197 workers died in 1, 242 incidents in which osha investigators concluded that employers had willfully violated workplace safety laws. in 93 % of these fatality cases arising from wilful violation, osha made no referral to the u. s. department of justice for criminal prosecution. the times investigation found that osha had failed to pursue prosecution " even when employers had been cited before for the very same safety violation " and even in cases where multiple workers died. in interviews, current and former osha officials said that the low rates of criminal enforcement were the result of " a bureaucracy that works at every level to thwart criminal referrals.... that fails to reward, and sometimes penalizes, those who push too hard for prosecution
in the rbct, the post - 2010 culls in england also allowed for the first time, " free shooting ", i. e. shooting free - roaming badgers with firearms. licences to cull badgers under the protection of badgers act 1992 are available from natural england, which require applicants to show that they have the skills, training, and resources to cull in an efficient, humane, and effective way, and to provide a badger control plan. this meant that farmers were allowed to shoot the badgers themselves, or to employ suitably qualified persons to do this. the actual killing of the badgers was funded by the farmers, whereas the monitoring and data analysis were funded by defra. = = = = aims = = = = a defra statement, published in october 2012, stated, " the aim of this monitoring is to test the assumption that controlled shooting is a humane culling technique. " the statement makes no indication that the cull would assess the effectiveness of reducing btb in the trial areas. a badger trust statement indicated the 2012 / 13 badger cull had these specific aims : determine whether badger cull targets for each pilot area can be met within six weeks with at least 70 % of the badger population removed in each cull area determine whether shooting " free - running " badgers at night is a humane way of killing badgers. determine whether shooting at night is safe with reference to the general public, pets, and livestock again, the statement made no indication that the cull would assess the effectiveness of reducing btb in the trial areas. = = = = concerns regarding free shooting = = = = permission to allow free shooting for the first time during the cull of 2012 / 13 raised several concerns. one suggested method to avoid endangering the public would be for shooters to stand over setts and shoot badgers near the entrances, but a report to defra by the game conservancy trust ( 2006 ) indicated that a major problem with shooting near the sett is that wounded badgers are very likely to bolt underground, preventing a second shot to ensure the animal is killed. under these conditions, the first shot must cause the badger to collapse on the spot, limiting the choice of target sites to the spine, neck, or head. colin booty, the rspca's deputy head of wildlife, said : " shooting badgers might be very different from shooting foxes, say, because their anatomy is very different. the badger has a very thick skull, thick skin,
Answer:
|
No, because Ohner had no personal knowledge of the conduct of the hotel guests.
| 0.3 |
While negligently driving his father's uninsured automobile, 25-year-old Arthur crashed into an automobile driven by Betty. Both Arthur and Betty were injured. Charles, Arthur's father, erroneously believing that he was liable because he owned the automobile, said to Betty, "I will see to it that you are reimbursed for any losses you incur as a result of the accident." Charles also called Physician and told him to take care of Betty, and that he, Charles, would pay the bill. Arthur, having no assets, died as a result of his injuries. Dodge, one of Arthur's creditors, wrote to Charles stating that Arthur owed him a clothing bill of $200 and that he was going to file a claim against Arthur's estate. Charles replied, "If you don't file a claim against Arthur's estate, I will pay what he owed you.""In an action by Betty against Charles for wages lost while she was incapacitated as a result of the accident, which of the following would be Charles's best defense?
0. Lack of consideration
1. Mistake of fact as to basic assumption
2. Statute of Frauds
3. Indefiniteness of Charles's promis
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
, among other things, the reliability and fit of the methods described by the expert. after an extensive examination and discussion of the 3 - step process used by the expert, the court found that the methodology appropriately fit the specific facts of the case, and that a population - based ( epidemiologic ) approach was an appropriate part of the causal methodology. the court denied the defendant's motion to strike the expert's testimony in the order, which was entered on 3 / 31 / 14. the defendant appealed the ruling from the district court, and in july 2016, the tenth circuit u. s. court of appeals affirmed the 3 - step causal methodology as generally accepted and well established for assessing injury causation, under the daubert standard. see etherton v. auto - owners insurance company, no. 14 - 1164 ( 10th cir, 7 / 19 / 16 ) [ 2 ]. = = = = hill viewpoints = = = = plausibility of an investigated association can be assessed in an fe investigation, in part, via application of the hill criteria, named for a 1965 publication by sir austin bradford - hill, in which he described nine " viewpoints " by which an association described in an epidemiologic study could be assessed for causality. hill declined to call his viewpoints " criteria " lest they be considered a checklist for assessing causation. the term " hill criteria " is used widely in the literature, however, and for convenience is used in the present discussion. of the nine criteria, there are seven that have utility for assessing the plausibility of an investigated specific causal relationship, as follows : coherence : a causal conclusion should not contradict present substantive knowledge. it should " make sense " given current knowledge analogy : the results of a previously described causal relationship may be translatable to the circumstances of a current investigation consistency : the repeated observation of the investigated relationship in different circumstances or across a number of studies lends strength to a causal inference specificity : the degree to which the exposure is associated with a particular outcome biological plausibility : the extent to which the observed association can be explained by known scientific principles experiment : in some cases there may be evidence from randomized experiments ( i. e., drug trials ) dose response : the probability, frequency, or severity of the outcome increases with increased amount of exposure subsequent authors have added the feature of challenge / dechallenge / rechallenge for circumstances when the exposure is repeated over time and there
activity such as driving ( for example, in the case of a hit and run ). these form conditions placed upon operating in a particular manner and are thus understood in that context. there are few general duties in common law jurisdictions, although these do include the responsibility of a parent to safeguard their children, to a landowner to prevent offences being carried out there, and to someone creating a dangerous situation to attempt to limit that danger. proponents of limited liability for omissions suggest that the wording for such a law would be vague, possibly involving " reasonable " care or action, and so would be hard to enforce. this would give prosecutors wide discretion, which may be opposed to justice. morally, omission is viewed by many as a far lesser problem than act ; compared to murder, allowing someone to die is seen as much smaller. a requirement to spend one's time and energy helping others would seem to contradict the autonomy many other laws aim to provide the individual with. opponents point out these arguments fail to consider the harm that such omissions may cause, in contradiction to the harm principle many legal systems start out with. life and physical integrity are often the highest priorities of a legal system. difficulties in definition are in common with many other areas, theorists such as feinburg point out. a non - burdensome rescue is likely to be less valuable than freedom of action. limited liability is considered as article 223 of the french penal code, which criminalises : " ( 1 ) a person who voluntarily neglects to prevent a serious crime of offense against that person, if that crime could be prevented without personal risk or risk to others ; and ( 2 ) a person who voluntarily neglects to give, to a person in peril, assistance which could be rendered without personal risk or risk to others. " this is common with several other european jurisdictions. whilst open to the criticisms of vagueness and prosecutor discretion, it has not been seen as overly oppressive. = = = procedure = = = when a state debates whether to respond to a source of injury by criminalising the behaviour that produces it, there are no pre - set criteria to apply in formulating social policy. there is no ontological reality to crime. the criminal justice system responds to a substantial number of events that do not produce significant hardship to individual citizens. moreover, events which do cause serious injuries and perhaps should be dealt with as crimes, e. g. situations of corporate manslaughter, are either ignored or dealt with as civil matters. the criminalization process defines and
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
Answer:
|
Lack of consideration
| null |
While negligently driving his father's uninsured automobile, 25-year-old Arthur crashed into an automobile driven by Betty. Both Arthur and Betty were injured. Charles, Arthur's father, erroneously believing that he was liable because he owned the automobile, said to Betty, "I will see to it that you are reimbursed for any losses you incur as a result of the accident." Charles also called Physician and told him to take care of Betty, and that he, Charles, would pay the bill. Arthur, having no assets, died as a result of his injuries. Dodge, one of Arthur's creditors, wrote to Charles stating that Arthur owed him a clothing bill of $200 and that he was going to file a claim against Arthur's estate. Charles replied, "If you don't file a claim against Arthur's estate, I will pay what he owed you.""In an action by Betty against Charles for wages lost while she was incapacitated as a result of the accident, which of the following would be Charles's best defense?
0. Lack of consideration
1. Mistake of fact as to basic assumption
2. Statute of Frauds
3. Indefiniteness of Charles's promis
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
, among other things, the reliability and fit of the methods described by the expert. after an extensive examination and discussion of the 3 - step process used by the expert, the court found that the methodology appropriately fit the specific facts of the case, and that a population - based ( epidemiologic ) approach was an appropriate part of the causal methodology. the court denied the defendant's motion to strike the expert's testimony in the order, which was entered on 3 / 31 / 14. the defendant appealed the ruling from the district court, and in july 2016, the tenth circuit u. s. court of appeals affirmed the 3 - step causal methodology as generally accepted and well established for assessing injury causation, under the daubert standard. see etherton v. auto - owners insurance company, no. 14 - 1164 ( 10th cir, 7 / 19 / 16 ) [ 2 ]. = = = = hill viewpoints = = = = plausibility of an investigated association can be assessed in an fe investigation, in part, via application of the hill criteria, named for a 1965 publication by sir austin bradford - hill, in which he described nine " viewpoints " by which an association described in an epidemiologic study could be assessed for causality. hill declined to call his viewpoints " criteria " lest they be considered a checklist for assessing causation. the term " hill criteria " is used widely in the literature, however, and for convenience is used in the present discussion. of the nine criteria, there are seven that have utility for assessing the plausibility of an investigated specific causal relationship, as follows : coherence : a causal conclusion should not contradict present substantive knowledge. it should " make sense " given current knowledge analogy : the results of a previously described causal relationship may be translatable to the circumstances of a current investigation consistency : the repeated observation of the investigated relationship in different circumstances or across a number of studies lends strength to a causal inference specificity : the degree to which the exposure is associated with a particular outcome biological plausibility : the extent to which the observed association can be explained by known scientific principles experiment : in some cases there may be evidence from randomized experiments ( i. e., drug trials ) dose response : the probability, frequency, or severity of the outcome increases with increased amount of exposure subsequent authors have added the feature of challenge / dechallenge / rechallenge for circumstances when the exposure is repeated over time and there
activity such as driving ( for example, in the case of a hit and run ). these form conditions placed upon operating in a particular manner and are thus understood in that context. there are few general duties in common law jurisdictions, although these do include the responsibility of a parent to safeguard their children, to a landowner to prevent offences being carried out there, and to someone creating a dangerous situation to attempt to limit that danger. proponents of limited liability for omissions suggest that the wording for such a law would be vague, possibly involving " reasonable " care or action, and so would be hard to enforce. this would give prosecutors wide discretion, which may be opposed to justice. morally, omission is viewed by many as a far lesser problem than act ; compared to murder, allowing someone to die is seen as much smaller. a requirement to spend one's time and energy helping others would seem to contradict the autonomy many other laws aim to provide the individual with. opponents point out these arguments fail to consider the harm that such omissions may cause, in contradiction to the harm principle many legal systems start out with. life and physical integrity are often the highest priorities of a legal system. difficulties in definition are in common with many other areas, theorists such as feinburg point out. a non - burdensome rescue is likely to be less valuable than freedom of action. limited liability is considered as article 223 of the french penal code, which criminalises : " ( 1 ) a person who voluntarily neglects to prevent a serious crime of offense against that person, if that crime could be prevented without personal risk or risk to others ; and ( 2 ) a person who voluntarily neglects to give, to a person in peril, assistance which could be rendered without personal risk or risk to others. " this is common with several other european jurisdictions. whilst open to the criticisms of vagueness and prosecutor discretion, it has not been seen as overly oppressive. = = = procedure = = = when a state debates whether to respond to a source of injury by criminalising the behaviour that produces it, there are no pre - set criteria to apply in formulating social policy. there is no ontological reality to crime. the criminal justice system responds to a substantial number of events that do not produce significant hardship to individual citizens. moreover, events which do cause serious injuries and perhaps should be dealt with as crimes, e. g. situations of corporate manslaughter, are either ignored or dealt with as civil matters. the criminalization process defines and
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
Answer:
|
Statute of Frauds
| 0.3 |
While negligently driving his father's uninsured automobile, 25-year-old Arthur crashed into an automobile driven by Betty. Both Arthur and Betty were injured. Charles, Arthur's father, erroneously believing that he was liable because he owned the automobile, said to Betty, "I will see to it that you are reimbursed for any losses you incur as a result of the accident." Charles also called Physician and told him to take care of Betty, and that he, Charles, would pay the bill. Arthur, having no assets, died as a result of his injuries. Dodge, one of Arthur's creditors, wrote to Charles stating that Arthur owed him a clothing bill of $200 and that he was going to file a claim against Arthur's estate. Charles replied, "If you don't file a claim against Arthur's estate, I will pay what he owed you.""Which of the following, if true, would be significant in determining whether or not there was bargained-for consideration to support Charles's promise to Physician? I. Physician had not begun treating Betty before Charles called him. II. Charles had a contract with Betty.
0. I only
1. II only
2. Both I and II
3. Neither I nor I
, and sherman potter all possess a caring and humorous bedside manner meant to help patients cope with traumatic injuries. charles winchester initially possesses no real bedside manner, acting with detached professionalism, until the rigors of his job help him develop a sense of compassion for his patients. frank burns has a poor bedside manner, constantly minimizing the seriousness of his patients'injuries, accusing them of cowardice and goading them to return to the front lines. = = see also = = = = references = = = = further information = = alexander gc, casalino lp, meltzer do ( august 2003 ). " patient - physician communication about out - of - pocket costs ". jama. 290 ( 7 ) : 953 β 8. doi : 10. 1001 / jama. 290. 7. 953. pmid 12928475. alexander gc, casalino lp, tseng cw, mcfadden d, meltzer do ( august 2004 ). " barriers to patient - physician communication about out - of - pocket costs ". j gen intern med. 19 ( 8 ) : 856 β 60. doi : 10. 1111 / j. 1525 - 1497. 2004. 30249. x. pmc 1492500. pmid 15242471. alexander gc, casalino lp, meltzer do ( march 2005 ). " physician strategies to reduce patients'out - of - pocket prescription costs ". arch. intern. med. 165 ( 6 ) : 633 β 6. doi : 10. 1001 / archinte. 165. 6. 633. pmid 15795338. alexander gc, lantos jd ( 2006 ). " the doctor - patient relationship in the post - managed care era ". am j bioeth. 6 ( 1 ) : 29 β 32. doi : 10. 1080 / 15265160500394556. pmid 16423784. s2cid 8019757. pham hh, alexander gc, o'malley as ( april 2007 ). " physician consideration of patients'out - of - pocket costs in making common clinical decisions ". arch. intern. med. 167 ( 7 ) : 663 β 8. doi : 10. 1001 / archinte. 167. 7. 663. pmid 17420424. = = external links = = report of a large summit of patients and physicians, where the ideal patient - physician relationship in the 21st century was discussed
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
, among other things, the reliability and fit of the methods described by the expert. after an extensive examination and discussion of the 3 - step process used by the expert, the court found that the methodology appropriately fit the specific facts of the case, and that a population - based ( epidemiologic ) approach was an appropriate part of the causal methodology. the court denied the defendant's motion to strike the expert's testimony in the order, which was entered on 3 / 31 / 14. the defendant appealed the ruling from the district court, and in july 2016, the tenth circuit u. s. court of appeals affirmed the 3 - step causal methodology as generally accepted and well established for assessing injury causation, under the daubert standard. see etherton v. auto - owners insurance company, no. 14 - 1164 ( 10th cir, 7 / 19 / 16 ) [ 2 ]. = = = = hill viewpoints = = = = plausibility of an investigated association can be assessed in an fe investigation, in part, via application of the hill criteria, named for a 1965 publication by sir austin bradford - hill, in which he described nine " viewpoints " by which an association described in an epidemiologic study could be assessed for causality. hill declined to call his viewpoints " criteria " lest they be considered a checklist for assessing causation. the term " hill criteria " is used widely in the literature, however, and for convenience is used in the present discussion. of the nine criteria, there are seven that have utility for assessing the plausibility of an investigated specific causal relationship, as follows : coherence : a causal conclusion should not contradict present substantive knowledge. it should " make sense " given current knowledge analogy : the results of a previously described causal relationship may be translatable to the circumstances of a current investigation consistency : the repeated observation of the investigated relationship in different circumstances or across a number of studies lends strength to a causal inference specificity : the degree to which the exposure is associated with a particular outcome biological plausibility : the extent to which the observed association can be explained by known scientific principles experiment : in some cases there may be evidence from randomized experiments ( i. e., drug trials ) dose response : the probability, frequency, or severity of the outcome increases with increased amount of exposure subsequent authors have added the feature of challenge / dechallenge / rechallenge for circumstances when the exposure is repeated over time and there
pending losses from asbestos claims. in may 2006, the house of lords ruled that compensation for asbestos injuries should be reduced where responsibility could not be attached to a single employer. critics, including trade unions, asbestos groups and jim wallace, former justice minister, have condemned the ruling. they said it overturned the traditional scottish law to such cases, and was a breach of natural justice. as a result of this outcry, the ruling has been overturned by section three of the compensation act 2006. in february 2010 a court ruling set a new precedent for asbestosis claims. the case, in which widow della sabin attempted to claim compensation following her husband's death from asbestosis, hinged on the issue of how many asbestos fibers must be present in the lungs for a claim to be valid. a research team based at llandough hospital initially reported that the minimum amount of fibers that needed to be present for a claim to be valid was 20 million ( only 7 million were found in the sample taken from mrs sabin's husband leslie ). however, a subsequent us study suggested that, due to the fact that leslie had lived for more than forty years after his exposure, a large number of fibers would have cleared from his body naturally ; had he died twenty years earlier the asbestos count in his lungs would have been about 35 million fibers per gram. the judge preferred this evidence, and ruled in favor of mrs sabin. = = = united states = = = = = = = civil lawsuits = = = = litigation related to asbestos injuries and property damages has been claimed to be the longest - running mass tort in u. s. history, involving more than 8, 000 defendants and 700, 000 claimants. since asbestos - related disease has been identified by the medical profession in the late 1920s, workers'compensation cases were filed and resolved in secrecy, with a flood of litigation starting in the united states in the 1970s, and culminating in the 1980s and 1990s. current trends indicate that the rate at which people are diagnosed with asbsestos - related disease will likely increase through the next decade. analysts have estimated that the total costs of asbestos litigation in the usa alone will eventually reach $ 200 to $ 275 billion. the amounts and method of allocating compensation have been the source of many court cases, and government attempts at resolution of existing and future cases. a multi - district litigation ( mdl ) complex filing has remained pending in the eastern district of pennsylvania for over 20 years. as many of the scarring - related injury cases have been resolved
from potential recoveries in the tort system. = = = = medicaid and medicare reimbursement = = = = the federal medicare secondary payer law imposes penalties for paying settlements directly to claimants without repaying the government for medical costs covered under the same programs under the legal doctrine of subrogation. in late 2016, attorneys general from 13 states sent demand letters to bankruptcy trusts for armstrong world industries, babcock & wilcox, dii, and owens corning. the purpose of the demand letters was to determine if the funds are reimbursing states for medical treatment received under medicaid and medicare. = = = = bankruptcy trusts and litigated claims = = = = the pursuit of compensation for asbestos injuries often involves both litigation against solvent defendants and filing claims against asbestos bankruptcy trusts. the amount of compensation recovered by an injured plaintiff may depend on whether evidence of exposure to products from bankrupt firms is introduced at trial. if no evidence of exposure from bankrupt firms is presented then increased financial responsibility is likely to be assigned to solvent defendants. researchers from rand corporation found that if a company filed for bankruptcy plaintiffs claimed exposure to their products in interrogatories and depositions at significantly reduced rates. when a plaintiff claiming an asbestos injury has filed a claim against a solvent defendant, courts may extend or reopen discovery when it is discovered that the plaintiff failed to disclose a trust claims. for example, in the 2008 case of edwards v. john crane - houdaille, inc production of claim forms was delayed until two weeks before trial. in the 2004 case of stoeckler v. american oil co. the defendants discovered that the plaintiff did not disclose trust claims only three days after the start of the trial, resulting in the re - opening of discovery. to help avoid this type of issue, judges will often adopt mandatory disclosure obligations for bankruptcy trust claims. = = regulation = = according to a september 2004 of the american journal of respiratory and critical care medicine, asbestos is still a hazard for 1. 3 million us workers in the construction industry and for workers involved in the maintenance of buildings and equipment. asbestos is not part of an astm ( american society for testing and materials ) e 1527 - 05 phase i environmental site assessment ( esa ). a building survey for asbestos is considered an out - of - scope consideration under the industry standard astm 1527 - 05 phase i esa ( see astm e 1527 - 05 ). astm standard e 2356 - 04 should be consulted by the owner or owner
Answer:
|
Both I and II
| null |
While negligently driving his father's uninsured automobile, 25-year-old Arthur crashed into an automobile driven by Betty. Both Arthur and Betty were injured. Charles, Arthur's father, erroneously believing that he was liable because he owned the automobile, said to Betty, "I will see to it that you are reimbursed for any losses you incur as a result of the accident." Charles also called Physician and told him to take care of Betty, and that he, Charles, would pay the bill. Arthur, having no assets, died as a result of his injuries. Dodge, one of Arthur's creditors, wrote to Charles stating that Arthur owed him a clothing bill of $200 and that he was going to file a claim against Arthur's estate. Charles replied, "If you don't file a claim against Arthur's estate, I will pay what he owed you.""Which of the following, if true, would be significant in determining whether or not there was bargained-for consideration to support Charles's promise to Physician? I. Physician had not begun treating Betty before Charles called him. II. Charles had a contract with Betty.
0. I only
1. II only
2. Both I and II
3. Neither I nor I
, and sherman potter all possess a caring and humorous bedside manner meant to help patients cope with traumatic injuries. charles winchester initially possesses no real bedside manner, acting with detached professionalism, until the rigors of his job help him develop a sense of compassion for his patients. frank burns has a poor bedside manner, constantly minimizing the seriousness of his patients'injuries, accusing them of cowardice and goading them to return to the front lines. = = see also = = = = references = = = = further information = = alexander gc, casalino lp, meltzer do ( august 2003 ). " patient - physician communication about out - of - pocket costs ". jama. 290 ( 7 ) : 953 β 8. doi : 10. 1001 / jama. 290. 7. 953. pmid 12928475. alexander gc, casalino lp, tseng cw, mcfadden d, meltzer do ( august 2004 ). " barriers to patient - physician communication about out - of - pocket costs ". j gen intern med. 19 ( 8 ) : 856 β 60. doi : 10. 1111 / j. 1525 - 1497. 2004. 30249. x. pmc 1492500. pmid 15242471. alexander gc, casalino lp, meltzer do ( march 2005 ). " physician strategies to reduce patients'out - of - pocket prescription costs ". arch. intern. med. 165 ( 6 ) : 633 β 6. doi : 10. 1001 / archinte. 165. 6. 633. pmid 15795338. alexander gc, lantos jd ( 2006 ). " the doctor - patient relationship in the post - managed care era ". am j bioeth. 6 ( 1 ) : 29 β 32. doi : 10. 1080 / 15265160500394556. pmid 16423784. s2cid 8019757. pham hh, alexander gc, o'malley as ( april 2007 ). " physician consideration of patients'out - of - pocket costs in making common clinical decisions ". arch. intern. med. 167 ( 7 ) : 663 β 8. doi : 10. 1001 / archinte. 167. 7. 663. pmid 17420424. = = external links = = report of a large summit of patients and physicians, where the ideal patient - physician relationship in the 21st century was discussed
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
, among other things, the reliability and fit of the methods described by the expert. after an extensive examination and discussion of the 3 - step process used by the expert, the court found that the methodology appropriately fit the specific facts of the case, and that a population - based ( epidemiologic ) approach was an appropriate part of the causal methodology. the court denied the defendant's motion to strike the expert's testimony in the order, which was entered on 3 / 31 / 14. the defendant appealed the ruling from the district court, and in july 2016, the tenth circuit u. s. court of appeals affirmed the 3 - step causal methodology as generally accepted and well established for assessing injury causation, under the daubert standard. see etherton v. auto - owners insurance company, no. 14 - 1164 ( 10th cir, 7 / 19 / 16 ) [ 2 ]. = = = = hill viewpoints = = = = plausibility of an investigated association can be assessed in an fe investigation, in part, via application of the hill criteria, named for a 1965 publication by sir austin bradford - hill, in which he described nine " viewpoints " by which an association described in an epidemiologic study could be assessed for causality. hill declined to call his viewpoints " criteria " lest they be considered a checklist for assessing causation. the term " hill criteria " is used widely in the literature, however, and for convenience is used in the present discussion. of the nine criteria, there are seven that have utility for assessing the plausibility of an investigated specific causal relationship, as follows : coherence : a causal conclusion should not contradict present substantive knowledge. it should " make sense " given current knowledge analogy : the results of a previously described causal relationship may be translatable to the circumstances of a current investigation consistency : the repeated observation of the investigated relationship in different circumstances or across a number of studies lends strength to a causal inference specificity : the degree to which the exposure is associated with a particular outcome biological plausibility : the extent to which the observed association can be explained by known scientific principles experiment : in some cases there may be evidence from randomized experiments ( i. e., drug trials ) dose response : the probability, frequency, or severity of the outcome increases with increased amount of exposure subsequent authors have added the feature of challenge / dechallenge / rechallenge for circumstances when the exposure is repeated over time and there
pending losses from asbestos claims. in may 2006, the house of lords ruled that compensation for asbestos injuries should be reduced where responsibility could not be attached to a single employer. critics, including trade unions, asbestos groups and jim wallace, former justice minister, have condemned the ruling. they said it overturned the traditional scottish law to such cases, and was a breach of natural justice. as a result of this outcry, the ruling has been overturned by section three of the compensation act 2006. in february 2010 a court ruling set a new precedent for asbestosis claims. the case, in which widow della sabin attempted to claim compensation following her husband's death from asbestosis, hinged on the issue of how many asbestos fibers must be present in the lungs for a claim to be valid. a research team based at llandough hospital initially reported that the minimum amount of fibers that needed to be present for a claim to be valid was 20 million ( only 7 million were found in the sample taken from mrs sabin's husband leslie ). however, a subsequent us study suggested that, due to the fact that leslie had lived for more than forty years after his exposure, a large number of fibers would have cleared from his body naturally ; had he died twenty years earlier the asbestos count in his lungs would have been about 35 million fibers per gram. the judge preferred this evidence, and ruled in favor of mrs sabin. = = = united states = = = = = = = civil lawsuits = = = = litigation related to asbestos injuries and property damages has been claimed to be the longest - running mass tort in u. s. history, involving more than 8, 000 defendants and 700, 000 claimants. since asbestos - related disease has been identified by the medical profession in the late 1920s, workers'compensation cases were filed and resolved in secrecy, with a flood of litigation starting in the united states in the 1970s, and culminating in the 1980s and 1990s. current trends indicate that the rate at which people are diagnosed with asbsestos - related disease will likely increase through the next decade. analysts have estimated that the total costs of asbestos litigation in the usa alone will eventually reach $ 200 to $ 275 billion. the amounts and method of allocating compensation have been the source of many court cases, and government attempts at resolution of existing and future cases. a multi - district litigation ( mdl ) complex filing has remained pending in the eastern district of pennsylvania for over 20 years. as many of the scarring - related injury cases have been resolved
from potential recoveries in the tort system. = = = = medicaid and medicare reimbursement = = = = the federal medicare secondary payer law imposes penalties for paying settlements directly to claimants without repaying the government for medical costs covered under the same programs under the legal doctrine of subrogation. in late 2016, attorneys general from 13 states sent demand letters to bankruptcy trusts for armstrong world industries, babcock & wilcox, dii, and owens corning. the purpose of the demand letters was to determine if the funds are reimbursing states for medical treatment received under medicaid and medicare. = = = = bankruptcy trusts and litigated claims = = = = the pursuit of compensation for asbestos injuries often involves both litigation against solvent defendants and filing claims against asbestos bankruptcy trusts. the amount of compensation recovered by an injured plaintiff may depend on whether evidence of exposure to products from bankrupt firms is introduced at trial. if no evidence of exposure from bankrupt firms is presented then increased financial responsibility is likely to be assigned to solvent defendants. researchers from rand corporation found that if a company filed for bankruptcy plaintiffs claimed exposure to their products in interrogatories and depositions at significantly reduced rates. when a plaintiff claiming an asbestos injury has filed a claim against a solvent defendant, courts may extend or reopen discovery when it is discovered that the plaintiff failed to disclose a trust claims. for example, in the 2008 case of edwards v. john crane - houdaille, inc production of claim forms was delayed until two weeks before trial. in the 2004 case of stoeckler v. american oil co. the defendants discovered that the plaintiff did not disclose trust claims only three days after the start of the trial, resulting in the re - opening of discovery. to help avoid this type of issue, judges will often adopt mandatory disclosure obligations for bankruptcy trust claims. = = regulation = = according to a september 2004 of the american journal of respiratory and critical care medicine, asbestos is still a hazard for 1. 3 million us workers in the construction industry and for workers involved in the maintenance of buildings and equipment. asbestos is not part of an astm ( american society for testing and materials ) e 1527 - 05 phase i environmental site assessment ( esa ). a building survey for asbestos is considered an out - of - scope consideration under the industry standard astm 1527 - 05 phase i esa ( see astm e 1527 - 05 ). astm standard e 2356 - 04 should be consulted by the owner or owner
Answer:
|
II only
| 0.3 |
While negligently driving his father's uninsured automobile, 25-year-old Arthur crashed into an automobile driven by Betty. Both Arthur and Betty were injured. Charles, Arthur's father, erroneously believing that he was liable because he owned the automobile, said to Betty, "I will see to it that you are reimbursed for any losses you incur as a result of the accident." Charles also called Physician and told him to take care of Betty, and that he, Charles, would pay the bill. Arthur, having no assets, died as a result of his injuries. Dodge, one of Arthur's creditors, wrote to Charles stating that Arthur owed him a clothing bill of $200 and that he was going to file a claim against Arthur's estate. Charles replied, "If you don't file a claim against Arthur's estate, I will pay what he owed you.""If Physician discontinued treating Betty before she had fully recovered and Betty brought an action against Physician for breach of contract, which of the following arguments, if any, by Physician would probably be effective in defense? I. Betty furnished no consideration, either express or implied. II. Physician's contract was with Charles and not with Betty. 15 III. Whatever contract Physician may have had with Betty was discharged by novation on account of the agreement with Charles.
0. I only
1. I and II only
2. II and III only
3. Neither I nor II nor II
, and sherman potter all possess a caring and humorous bedside manner meant to help patients cope with traumatic injuries. charles winchester initially possesses no real bedside manner, acting with detached professionalism, until the rigors of his job help him develop a sense of compassion for his patients. frank burns has a poor bedside manner, constantly minimizing the seriousness of his patients'injuries, accusing them of cowardice and goading them to return to the front lines. = = see also = = = = references = = = = further information = = alexander gc, casalino lp, meltzer do ( august 2003 ). " patient - physician communication about out - of - pocket costs ". jama. 290 ( 7 ) : 953 β 8. doi : 10. 1001 / jama. 290. 7. 953. pmid 12928475. alexander gc, casalino lp, tseng cw, mcfadden d, meltzer do ( august 2004 ). " barriers to patient - physician communication about out - of - pocket costs ". j gen intern med. 19 ( 8 ) : 856 β 60. doi : 10. 1111 / j. 1525 - 1497. 2004. 30249. x. pmc 1492500. pmid 15242471. alexander gc, casalino lp, meltzer do ( march 2005 ). " physician strategies to reduce patients'out - of - pocket prescription costs ". arch. intern. med. 165 ( 6 ) : 633 β 6. doi : 10. 1001 / archinte. 165. 6. 633. pmid 15795338. alexander gc, lantos jd ( 2006 ). " the doctor - patient relationship in the post - managed care era ". am j bioeth. 6 ( 1 ) : 29 β 32. doi : 10. 1080 / 15265160500394556. pmid 16423784. s2cid 8019757. pham hh, alexander gc, o'malley as ( april 2007 ). " physician consideration of patients'out - of - pocket costs in making common clinical decisions ". arch. intern. med. 167 ( 7 ) : 663 β 8. doi : 10. 1001 / archinte. 167. 7. 663. pmid 17420424. = = external links = = report of a large summit of patients and physicians, where the ideal patient - physician relationship in the 21st century was discussed
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
to dismiss any worker, or any number of workers, for any reason at all. an individual, or a collective agreement, according to the general doctrine of freedom of contract could always stipulate that an employee should only be dismissed for a good reason, or a " just cause ", or that elected employee representatives would have a say on whether a dismissal should take effect. however, the position of the typical 19th - century worker meant that this was rare. the at - will practice is typically traced to a treatise published by horace gray wood in 1877, called master and servant. wood cited four u. s. cases as authority for his rule that when a hiring was indefinite, the burden of proof was on the servant to prove that an indefinite employment term was for one year. in toussaint v. blue cross & blue shield of michigan, the court noted that " wood's rule was quickly cited as authority for another proposition. " wood, however, misinterpreted two of the cases which in fact showed that in massachusetts and michigan, at least, the rule was that employees should have notice before dismissal according to the periods of their contract. in new york, the first case to adopt wood's rule was martin v. new york life insurance company ( 1895 ). justice edward t. bartlett wrote that new york law now followed wood's treatise, which meant that an employee who received $ 10, 000, paid in a salary over a year, could be dismissed immediately. the case did not make reference to the previous authority. four years earlier, adams v. fitzpatrick ( 1891 ) had held that new york law followed the general practice of requiring notice similar to pay periods. however, subsequent new york cases continued to follow the at - will rule into the early 20th century. some courts saw the rule as requiring the employee to prove an express contract for a definite term in order to maintain an action based on termination of the employment. thus was born the u. s. at - will employment rule, which allowed discharge for no reason. this rule was adopted by all u. s. states. in 1959, the first judicial exception to the at - will rule was created by one of the california courts of appeal. later, in a 1980 landmark case involving arco, the supreme court of california endorsed the rule first articulated by the court of appeal. the resulting civil actions by employees are now known in california as tameny actions for wrongful termination in violation of public policy. since 1959, several common law and statutory exceptions to at
, among other things, the reliability and fit of the methods described by the expert. after an extensive examination and discussion of the 3 - step process used by the expert, the court found that the methodology appropriately fit the specific facts of the case, and that a population - based ( epidemiologic ) approach was an appropriate part of the causal methodology. the court denied the defendant's motion to strike the expert's testimony in the order, which was entered on 3 / 31 / 14. the defendant appealed the ruling from the district court, and in july 2016, the tenth circuit u. s. court of appeals affirmed the 3 - step causal methodology as generally accepted and well established for assessing injury causation, under the daubert standard. see etherton v. auto - owners insurance company, no. 14 - 1164 ( 10th cir, 7 / 19 / 16 ) [ 2 ]. = = = = hill viewpoints = = = = plausibility of an investigated association can be assessed in an fe investigation, in part, via application of the hill criteria, named for a 1965 publication by sir austin bradford - hill, in which he described nine " viewpoints " by which an association described in an epidemiologic study could be assessed for causality. hill declined to call his viewpoints " criteria " lest they be considered a checklist for assessing causation. the term " hill criteria " is used widely in the literature, however, and for convenience is used in the present discussion. of the nine criteria, there are seven that have utility for assessing the plausibility of an investigated specific causal relationship, as follows : coherence : a causal conclusion should not contradict present substantive knowledge. it should " make sense " given current knowledge analogy : the results of a previously described causal relationship may be translatable to the circumstances of a current investigation consistency : the repeated observation of the investigated relationship in different circumstances or across a number of studies lends strength to a causal inference specificity : the degree to which the exposure is associated with a particular outcome biological plausibility : the extent to which the observed association can be explained by known scientific principles experiment : in some cases there may be evidence from randomized experiments ( i. e., drug trials ) dose response : the probability, frequency, or severity of the outcome increases with increased amount of exposure subsequent authors have added the feature of challenge / dechallenge / rechallenge for circumstances when the exposure is repeated over time and there
the united states. in 2010 president obama signed into law the patient protection and affordable care act. this act includes an'individual mandate'that every american must have medical insurance ( or pay a fine ). health policy experts such as david cutler and jonathan gruber, as well as the american medical insurance lobby group america's health insurance plans, argued this provision was required in order to provide " guaranteed issue " and a " community rating, " which address unpopular features of america's health insurance system such as premium weightings, exclusions for pre - existing conditions, and the pre - screening of insurance applicants. during 26 β 28 march, the supreme court heard arguments regarding the validity of the act. the patient protection and affordable care act was determined to be constitutional on 28 june 2012. the supreme court determined that congress had the authority to apply the individual mandate within its taxing powers. = = = = history and evolution = = = = in the late 19th century, " accident insurance " began to be available, which operated much like modern disability insurance. this payment model continued until the start of the 20th century in some jurisdictions ( like california ), where all laws regulating health insurance actually referred to disability insurance. accident insurance was first offered in the united states by the franklin health assurance company of massachusetts. this firm, founded in 1850, offered insurance against injuries arising from railroad and steamboat accidents. sixty organizations were offering accident insurance in the u. s. by 1866, but the industry consolidated rapidly soon thereafter. while there were earlier experiments, the origins of sickness coverage in the u. s. effectively date from 1890. the first employer - sponsored group disability policy was issued in 1911. before the development of medical expense insurance, patients were expected to pay health care costs out of their own pockets, under what is known as the fee - for - service business model. during the middle - to - late 20th century, traditional disability insurance evolved into modern health insurance programs. one major obstacle to this development was that early forms of comprehensive health insurance were enjoined by courts for violating the traditional ban on corporate practice of the professions by for - profit corporations. state legislatures had to intervene and expressly legalize health insurance as an exception to that traditional rule. today, most comprehensive private health insurance programs cover the cost of routine, preventive, and emergency health care procedures. they also cover or partially cover the cost of certain prescription and over - the - counter drugs. insurance companies determine what drugs are covered based on price, availability, and therapeutic equivalents. the list
Answer:
|
Neither I nor II nor II
| null |
While negligently driving his father's uninsured automobile, 25-year-old Arthur crashed into an automobile driven by Betty. Both Arthur and Betty were injured. Charles, Arthur's father, erroneously believing that he was liable because he owned the automobile, said to Betty, "I will see to it that you are reimbursed for any losses you incur as a result of the accident." Charles also called Physician and told him to take care of Betty, and that he, Charles, would pay the bill. Arthur, having no assets, died as a result of his injuries. Dodge, one of Arthur's creditors, wrote to Charles stating that Arthur owed him a clothing bill of $200 and that he was going to file a claim against Arthur's estate. Charles replied, "If you don't file a claim against Arthur's estate, I will pay what he owed you.""If Physician discontinued treating Betty before she had fully recovered and Betty brought an action against Physician for breach of contract, which of the following arguments, if any, by Physician would probably be effective in defense? I. Betty furnished no consideration, either express or implied. II. Physician's contract was with Charles and not with Betty. 15 III. Whatever contract Physician may have had with Betty was discharged by novation on account of the agreement with Charles.
0. I only
1. I and II only
2. II and III only
3. Neither I nor II nor II
, and sherman potter all possess a caring and humorous bedside manner meant to help patients cope with traumatic injuries. charles winchester initially possesses no real bedside manner, acting with detached professionalism, until the rigors of his job help him develop a sense of compassion for his patients. frank burns has a poor bedside manner, constantly minimizing the seriousness of his patients'injuries, accusing them of cowardice and goading them to return to the front lines. = = see also = = = = references = = = = further information = = alexander gc, casalino lp, meltzer do ( august 2003 ). " patient - physician communication about out - of - pocket costs ". jama. 290 ( 7 ) : 953 β 8. doi : 10. 1001 / jama. 290. 7. 953. pmid 12928475. alexander gc, casalino lp, tseng cw, mcfadden d, meltzer do ( august 2004 ). " barriers to patient - physician communication about out - of - pocket costs ". j gen intern med. 19 ( 8 ) : 856 β 60. doi : 10. 1111 / j. 1525 - 1497. 2004. 30249. x. pmc 1492500. pmid 15242471. alexander gc, casalino lp, meltzer do ( march 2005 ). " physician strategies to reduce patients'out - of - pocket prescription costs ". arch. intern. med. 165 ( 6 ) : 633 β 6. doi : 10. 1001 / archinte. 165. 6. 633. pmid 15795338. alexander gc, lantos jd ( 2006 ). " the doctor - patient relationship in the post - managed care era ". am j bioeth. 6 ( 1 ) : 29 β 32. doi : 10. 1080 / 15265160500394556. pmid 16423784. s2cid 8019757. pham hh, alexander gc, o'malley as ( april 2007 ). " physician consideration of patients'out - of - pocket costs in making common clinical decisions ". arch. intern. med. 167 ( 7 ) : 663 β 8. doi : 10. 1001 / archinte. 167. 7. 663. pmid 17420424. = = external links = = report of a large summit of patients and physicians, where the ideal patient - physician relationship in the 21st century was discussed
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
to dismiss any worker, or any number of workers, for any reason at all. an individual, or a collective agreement, according to the general doctrine of freedom of contract could always stipulate that an employee should only be dismissed for a good reason, or a " just cause ", or that elected employee representatives would have a say on whether a dismissal should take effect. however, the position of the typical 19th - century worker meant that this was rare. the at - will practice is typically traced to a treatise published by horace gray wood in 1877, called master and servant. wood cited four u. s. cases as authority for his rule that when a hiring was indefinite, the burden of proof was on the servant to prove that an indefinite employment term was for one year. in toussaint v. blue cross & blue shield of michigan, the court noted that " wood's rule was quickly cited as authority for another proposition. " wood, however, misinterpreted two of the cases which in fact showed that in massachusetts and michigan, at least, the rule was that employees should have notice before dismissal according to the periods of their contract. in new york, the first case to adopt wood's rule was martin v. new york life insurance company ( 1895 ). justice edward t. bartlett wrote that new york law now followed wood's treatise, which meant that an employee who received $ 10, 000, paid in a salary over a year, could be dismissed immediately. the case did not make reference to the previous authority. four years earlier, adams v. fitzpatrick ( 1891 ) had held that new york law followed the general practice of requiring notice similar to pay periods. however, subsequent new york cases continued to follow the at - will rule into the early 20th century. some courts saw the rule as requiring the employee to prove an express contract for a definite term in order to maintain an action based on termination of the employment. thus was born the u. s. at - will employment rule, which allowed discharge for no reason. this rule was adopted by all u. s. states. in 1959, the first judicial exception to the at - will rule was created by one of the california courts of appeal. later, in a 1980 landmark case involving arco, the supreme court of california endorsed the rule first articulated by the court of appeal. the resulting civil actions by employees are now known in california as tameny actions for wrongful termination in violation of public policy. since 1959, several common law and statutory exceptions to at
, among other things, the reliability and fit of the methods described by the expert. after an extensive examination and discussion of the 3 - step process used by the expert, the court found that the methodology appropriately fit the specific facts of the case, and that a population - based ( epidemiologic ) approach was an appropriate part of the causal methodology. the court denied the defendant's motion to strike the expert's testimony in the order, which was entered on 3 / 31 / 14. the defendant appealed the ruling from the district court, and in july 2016, the tenth circuit u. s. court of appeals affirmed the 3 - step causal methodology as generally accepted and well established for assessing injury causation, under the daubert standard. see etherton v. auto - owners insurance company, no. 14 - 1164 ( 10th cir, 7 / 19 / 16 ) [ 2 ]. = = = = hill viewpoints = = = = plausibility of an investigated association can be assessed in an fe investigation, in part, via application of the hill criteria, named for a 1965 publication by sir austin bradford - hill, in which he described nine " viewpoints " by which an association described in an epidemiologic study could be assessed for causality. hill declined to call his viewpoints " criteria " lest they be considered a checklist for assessing causation. the term " hill criteria " is used widely in the literature, however, and for convenience is used in the present discussion. of the nine criteria, there are seven that have utility for assessing the plausibility of an investigated specific causal relationship, as follows : coherence : a causal conclusion should not contradict present substantive knowledge. it should " make sense " given current knowledge analogy : the results of a previously described causal relationship may be translatable to the circumstances of a current investigation consistency : the repeated observation of the investigated relationship in different circumstances or across a number of studies lends strength to a causal inference specificity : the degree to which the exposure is associated with a particular outcome biological plausibility : the extent to which the observed association can be explained by known scientific principles experiment : in some cases there may be evidence from randomized experiments ( i. e., drug trials ) dose response : the probability, frequency, or severity of the outcome increases with increased amount of exposure subsequent authors have added the feature of challenge / dechallenge / rechallenge for circumstances when the exposure is repeated over time and there
the united states. in 2010 president obama signed into law the patient protection and affordable care act. this act includes an'individual mandate'that every american must have medical insurance ( or pay a fine ). health policy experts such as david cutler and jonathan gruber, as well as the american medical insurance lobby group america's health insurance plans, argued this provision was required in order to provide " guaranteed issue " and a " community rating, " which address unpopular features of america's health insurance system such as premium weightings, exclusions for pre - existing conditions, and the pre - screening of insurance applicants. during 26 β 28 march, the supreme court heard arguments regarding the validity of the act. the patient protection and affordable care act was determined to be constitutional on 28 june 2012. the supreme court determined that congress had the authority to apply the individual mandate within its taxing powers. = = = = history and evolution = = = = in the late 19th century, " accident insurance " began to be available, which operated much like modern disability insurance. this payment model continued until the start of the 20th century in some jurisdictions ( like california ), where all laws regulating health insurance actually referred to disability insurance. accident insurance was first offered in the united states by the franklin health assurance company of massachusetts. this firm, founded in 1850, offered insurance against injuries arising from railroad and steamboat accidents. sixty organizations were offering accident insurance in the u. s. by 1866, but the industry consolidated rapidly soon thereafter. while there were earlier experiments, the origins of sickness coverage in the u. s. effectively date from 1890. the first employer - sponsored group disability policy was issued in 1911. before the development of medical expense insurance, patients were expected to pay health care costs out of their own pockets, under what is known as the fee - for - service business model. during the middle - to - late 20th century, traditional disability insurance evolved into modern health insurance programs. one major obstacle to this development was that early forms of comprehensive health insurance were enjoined by courts for violating the traditional ban on corporate practice of the professions by for - profit corporations. state legislatures had to intervene and expressly legalize health insurance as an exception to that traditional rule. today, most comprehensive private health insurance programs cover the cost of routine, preventive, and emergency health care procedures. they also cover or partially cover the cost of certain prescription and over - the - counter drugs. insurance companies determine what drugs are covered based on price, availability, and therapeutic equivalents. the list
Answer:
|
I and II only
| 0.3 |
While negligently driving his father's uninsured automobile, 25-year-old Arthur crashed into an automobile driven by Betty. Both Arthur and Betty were injured. Charles, Arthur's father, erroneously believing that he was liable because he owned the automobile, said to Betty, "I will see to it that you are reimbursed for any losses you incur as a result of the accident." Charles also called Physician and told him to take care of Betty, and that he, Charles, would pay the bill. Arthur, having no assets, died as a result of his injuries. Dodge, one of Arthur's creditors, wrote to Charles stating that Arthur owed him a clothing bill of $200 and that he was going to file a claim against Arthur's estate. Charles replied, "If you don't file a claim against Arthur's estate, I will pay what he owed you.""If Dodge did not file action against Arthur's estate, would Dodge succeed in an action against Charles for $200?
0. Yes, because Dodge had detrimentally relied on Charles's promise.
1. Yes, because Charles's promise was supported by a bargained-for exchange.
2. No, because Dodge's claim against Arthur's estate was worthless.
3. No, because Charles at most had only a moral obligation to pay Arthur's debts
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
, among other things, the reliability and fit of the methods described by the expert. after an extensive examination and discussion of the 3 - step process used by the expert, the court found that the methodology appropriately fit the specific facts of the case, and that a population - based ( epidemiologic ) approach was an appropriate part of the causal methodology. the court denied the defendant's motion to strike the expert's testimony in the order, which was entered on 3 / 31 / 14. the defendant appealed the ruling from the district court, and in july 2016, the tenth circuit u. s. court of appeals affirmed the 3 - step causal methodology as generally accepted and well established for assessing injury causation, under the daubert standard. see etherton v. auto - owners insurance company, no. 14 - 1164 ( 10th cir, 7 / 19 / 16 ) [ 2 ]. = = = = hill viewpoints = = = = plausibility of an investigated association can be assessed in an fe investigation, in part, via application of the hill criteria, named for a 1965 publication by sir austin bradford - hill, in which he described nine " viewpoints " by which an association described in an epidemiologic study could be assessed for causality. hill declined to call his viewpoints " criteria " lest they be considered a checklist for assessing causation. the term " hill criteria " is used widely in the literature, however, and for convenience is used in the present discussion. of the nine criteria, there are seven that have utility for assessing the plausibility of an investigated specific causal relationship, as follows : coherence : a causal conclusion should not contradict present substantive knowledge. it should " make sense " given current knowledge analogy : the results of a previously described causal relationship may be translatable to the circumstances of a current investigation consistency : the repeated observation of the investigated relationship in different circumstances or across a number of studies lends strength to a causal inference specificity : the degree to which the exposure is associated with a particular outcome biological plausibility : the extent to which the observed association can be explained by known scientific principles experiment : in some cases there may be evidence from randomized experiments ( i. e., drug trials ) dose response : the probability, frequency, or severity of the outcome increases with increased amount of exposure subsequent authors have added the feature of challenge / dechallenge / rechallenge for circumstances when the exposure is repeated over time and there
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system generally abhors. what modern times are changing is that one may assure the distance is clear ahead virtually through the internet of things, as smart cars connect to get information from smart highways or pass what they see ahead or measure to traffic behind. a fundamental corollary of the acda rule is that technology, expectations, and desires may modernize, but the laws of physics can not and do not. the deceleration coefficients and reactions times may change from conveyance by chariot, horse and buggy, internal combustion engine, electric motor, and by driverless car, but the equations governing stopping distances are immutable. finally, where it is the policy of the law not to fault well intending diligent citizens for innocent mistakes, human life reaps continued benefit from the acda duty of which instills the necessary room to survive uninjured from such foreseeable and excusable error while adding redundancy in the responsibility to avoid a collision ; mere unilateral duties laid down to assure the safety of others tend to result in hazardous risk compensation by those unfettered parties resulting in a moral hazard. allowing one to drive faster than their vision permits them to safely stop, results in there being no core standard of care regarding safe speed making unsafe speed laws void for vagueness. the acda minimum standard gives fair notice of what conduct is prohibited, and people of ordinary intelligence can apply their braking experience or the seconds of distance to stop rule to the distance they can see ; once one is allowed to cruise - on without control beyond the edge of visibility, there is little consensus on what arbitrary speed is unsafe, or what to assume of the vague conditions there - past. to be able to guarantee " assurance " beyond proximate edge of clear visibility, in doing so exempting acda duty, a road must be designed and maintained such that there is not a chance of obstruction in one's lane beyond the proximate edge of clear visibility. a road's vertical profile must be assured to have such a curvature as not to hide hazards close behind its crests. discretion for drivers and pedestrians to enter onto a potentially occupied lane from a side street must be assuredly eliminated such as with fences, merge lanes, or signalized access. there must
Answer:
|
Yes, because Charles's promise was supported by a bargained-for exchange.
| null |
While negligently driving his father's uninsured automobile, 25-year-old Arthur crashed into an automobile driven by Betty. Both Arthur and Betty were injured. Charles, Arthur's father, erroneously believing that he was liable because he owned the automobile, said to Betty, "I will see to it that you are reimbursed for any losses you incur as a result of the accident." Charles also called Physician and told him to take care of Betty, and that he, Charles, would pay the bill. Arthur, having no assets, died as a result of his injuries. Dodge, one of Arthur's creditors, wrote to Charles stating that Arthur owed him a clothing bill of $200 and that he was going to file a claim against Arthur's estate. Charles replied, "If you don't file a claim against Arthur's estate, I will pay what he owed you.""If Dodge did not file action against Arthur's estate, would Dodge succeed in an action against Charles for $200?
0. Yes, because Dodge had detrimentally relied on Charles's promise.
1. Yes, because Charles's promise was supported by a bargained-for exchange.
2. No, because Dodge's claim against Arthur's estate was worthless.
3. No, because Charles at most had only a moral obligation to pay Arthur's debts
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
, among other things, the reliability and fit of the methods described by the expert. after an extensive examination and discussion of the 3 - step process used by the expert, the court found that the methodology appropriately fit the specific facts of the case, and that a population - based ( epidemiologic ) approach was an appropriate part of the causal methodology. the court denied the defendant's motion to strike the expert's testimony in the order, which was entered on 3 / 31 / 14. the defendant appealed the ruling from the district court, and in july 2016, the tenth circuit u. s. court of appeals affirmed the 3 - step causal methodology as generally accepted and well established for assessing injury causation, under the daubert standard. see etherton v. auto - owners insurance company, no. 14 - 1164 ( 10th cir, 7 / 19 / 16 ) [ 2 ]. = = = = hill viewpoints = = = = plausibility of an investigated association can be assessed in an fe investigation, in part, via application of the hill criteria, named for a 1965 publication by sir austin bradford - hill, in which he described nine " viewpoints " by which an association described in an epidemiologic study could be assessed for causality. hill declined to call his viewpoints " criteria " lest they be considered a checklist for assessing causation. the term " hill criteria " is used widely in the literature, however, and for convenience is used in the present discussion. of the nine criteria, there are seven that have utility for assessing the plausibility of an investigated specific causal relationship, as follows : coherence : a causal conclusion should not contradict present substantive knowledge. it should " make sense " given current knowledge analogy : the results of a previously described causal relationship may be translatable to the circumstances of a current investigation consistency : the repeated observation of the investigated relationship in different circumstances or across a number of studies lends strength to a causal inference specificity : the degree to which the exposure is associated with a particular outcome biological plausibility : the extent to which the observed association can be explained by known scientific principles experiment : in some cases there may be evidence from randomized experiments ( i. e., drug trials ) dose response : the probability, frequency, or severity of the outcome increases with increased amount of exposure subsequent authors have added the feature of challenge / dechallenge / rechallenge for circumstances when the exposure is repeated over time and there
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system generally abhors. what modern times are changing is that one may assure the distance is clear ahead virtually through the internet of things, as smart cars connect to get information from smart highways or pass what they see ahead or measure to traffic behind. a fundamental corollary of the acda rule is that technology, expectations, and desires may modernize, but the laws of physics can not and do not. the deceleration coefficients and reactions times may change from conveyance by chariot, horse and buggy, internal combustion engine, electric motor, and by driverless car, but the equations governing stopping distances are immutable. finally, where it is the policy of the law not to fault well intending diligent citizens for innocent mistakes, human life reaps continued benefit from the acda duty of which instills the necessary room to survive uninjured from such foreseeable and excusable error while adding redundancy in the responsibility to avoid a collision ; mere unilateral duties laid down to assure the safety of others tend to result in hazardous risk compensation by those unfettered parties resulting in a moral hazard. allowing one to drive faster than their vision permits them to safely stop, results in there being no core standard of care regarding safe speed making unsafe speed laws void for vagueness. the acda minimum standard gives fair notice of what conduct is prohibited, and people of ordinary intelligence can apply their braking experience or the seconds of distance to stop rule to the distance they can see ; once one is allowed to cruise - on without control beyond the edge of visibility, there is little consensus on what arbitrary speed is unsafe, or what to assume of the vague conditions there - past. to be able to guarantee " assurance " beyond proximate edge of clear visibility, in doing so exempting acda duty, a road must be designed and maintained such that there is not a chance of obstruction in one's lane beyond the proximate edge of clear visibility. a road's vertical profile must be assured to have such a curvature as not to hide hazards close behind its crests. discretion for drivers and pedestrians to enter onto a potentially occupied lane from a side street must be assuredly eliminated such as with fences, merge lanes, or signalized access. there must
Answer:
|
Yes, because Dodge had detrimentally relied on Charles's promise.
| 0.3 |
While negligently driving his father's uninsured automobile, 25-year-old Arthur crashed into an automobile driven by Betty. Both Arthur and Betty were injured. Charles, Arthur's father, erroneously believing that he was liable because he owned the automobile, said to Betty, "I will see to it that you are reimbursed for any losses you incur as a result of the accident." Charles also called Physician and told him to take care of Betty, and that he, Charles, would pay the bill. Arthur, having no assets, died as a result of his injuries. Dodge, one of Arthur's creditors, wrote to Charles stating that Arthur owed him a clothing bill of $200 and that he was going to file a claim against Arthur's estate. Charles replied, "If you don't file a claim against Arthur's estate, I will pay what he owed you.""Assume that Charles, honestly believing that he owed Dodge nothing, refused to pay anything to Dodge, who honestly believed that Charles owed him $200. If Dodge then accepts $150 from Charles in settlement of the claim, will Dodge succeed in an action against Charles for the remaining $50?
0. Yes, because Arthur's debt of $200 was liquidated and undisputed.
1. Yes, because Dodge honestly believed that he had a legal right against Charles for the full $200.
2. No, because Charles honestly believed that Dodge did not have a legal right against him for the $200.
3. No, because Charles was not contractually obligated to pay Dodge $200 in the first plac
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system generally abhors. what modern times are changing is that one may assure the distance is clear ahead virtually through the internet of things, as smart cars connect to get information from smart highways or pass what they see ahead or measure to traffic behind. a fundamental corollary of the acda rule is that technology, expectations, and desires may modernize, but the laws of physics can not and do not. the deceleration coefficients and reactions times may change from conveyance by chariot, horse and buggy, internal combustion engine, electric motor, and by driverless car, but the equations governing stopping distances are immutable. finally, where it is the policy of the law not to fault well intending diligent citizens for innocent mistakes, human life reaps continued benefit from the acda duty of which instills the necessary room to survive uninjured from such foreseeable and excusable error while adding redundancy in the responsibility to avoid a collision ; mere unilateral duties laid down to assure the safety of others tend to result in hazardous risk compensation by those unfettered parties resulting in a moral hazard. allowing one to drive faster than their vision permits them to safely stop, results in there being no core standard of care regarding safe speed making unsafe speed laws void for vagueness. the acda minimum standard gives fair notice of what conduct is prohibited, and people of ordinary intelligence can apply their braking experience or the seconds of distance to stop rule to the distance they can see ; once one is allowed to cruise - on without control beyond the edge of visibility, there is little consensus on what arbitrary speed is unsafe, or what to assume of the vague conditions there - past. to be able to guarantee " assurance " beyond proximate edge of clear visibility, in doing so exempting acda duty, a road must be designed and maintained such that there is not a chance of obstruction in one's lane beyond the proximate edge of clear visibility. a road's vertical profile must be assured to have such a curvature as not to hide hazards close behind its crests. discretion for drivers and pedestrians to enter onto a potentially occupied lane from a side street must be assuredly eliminated such as with fences, merge lanes, or signalized access. there must
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
, among other things, the reliability and fit of the methods described by the expert. after an extensive examination and discussion of the 3 - step process used by the expert, the court found that the methodology appropriately fit the specific facts of the case, and that a population - based ( epidemiologic ) approach was an appropriate part of the causal methodology. the court denied the defendant's motion to strike the expert's testimony in the order, which was entered on 3 / 31 / 14. the defendant appealed the ruling from the district court, and in july 2016, the tenth circuit u. s. court of appeals affirmed the 3 - step causal methodology as generally accepted and well established for assessing injury causation, under the daubert standard. see etherton v. auto - owners insurance company, no. 14 - 1164 ( 10th cir, 7 / 19 / 16 ) [ 2 ]. = = = = hill viewpoints = = = = plausibility of an investigated association can be assessed in an fe investigation, in part, via application of the hill criteria, named for a 1965 publication by sir austin bradford - hill, in which he described nine " viewpoints " by which an association described in an epidemiologic study could be assessed for causality. hill declined to call his viewpoints " criteria " lest they be considered a checklist for assessing causation. the term " hill criteria " is used widely in the literature, however, and for convenience is used in the present discussion. of the nine criteria, there are seven that have utility for assessing the plausibility of an investigated specific causal relationship, as follows : coherence : a causal conclusion should not contradict present substantive knowledge. it should " make sense " given current knowledge analogy : the results of a previously described causal relationship may be translatable to the circumstances of a current investigation consistency : the repeated observation of the investigated relationship in different circumstances or across a number of studies lends strength to a causal inference specificity : the degree to which the exposure is associated with a particular outcome biological plausibility : the extent to which the observed association can be explained by known scientific principles experiment : in some cases there may be evidence from randomized experiments ( i. e., drug trials ) dose response : the probability, frequency, or severity of the outcome increases with increased amount of exposure subsequent authors have added the feature of challenge / dechallenge / rechallenge for circumstances when the exposure is repeated over time and there
driving car fatalities. a report made by the national transportation safety board ( ntsb ) showed that the self - driving uber car was unable to identify the victim in a sufficient amount of time for the vehicle to slow down and avoid crashing into the victim. = = = ethical = = = another concern related to vehicle automation is its ethical issues. in reality, autonomous vehicles can encounter inevitable traffic accidents. in such situations, many risks and calculations need to be made in order to minimize the amount of damage the accident could cause. when a human driver encounters an inevitable accident, the driver will take a spontaneous action based on ethical and moral logic. however, when a driver has no control over the vehicle ( level 5 autonomy ), the system of an autonomous vehicle needs to make that quick decision. unlike humans, autonomous vehicles can only make decisions based on what it is programmed to do. however, the situation and circumstances of accidents differ from one another, and any one decision might not be the best decision for certain accidents. based on two research studies in 2019, the implementation of fully automated vehicles in traffic where semi - automated and non - automated vehicles are still present might lead to complications. some flaws that still need consideration include the structure of liability, distribution of responsibilities, efficiency in decision making, and the performance of autonomous vehicles with its diverse surroundings. still, researchers steven umbrello and roman v. yampolskiy propose that the value sensitive design approach is one method that can be used to design autonomous vehicles to avoid some of these ethical issues and design for human values. = = see also = = self - driving car self - driving truck dashcam intelligent speed adaptation intelligent transportation system robo - taxi transit media uncrewed vehicle = = references = = " uber self - driving cars hit the streets of pittsburgh ". www. cbsnews. com. 14 september 2016. retrieved 5 may 2023. = = external links = = european commission intelligent car website u. s. department of transportation β intelligent transportation systems joint program office website sheth, aadit ( 3 january 2024 ). " indian ai and robotics startup claims level 5 autonomy ". prompt engineering daily. retrieved 27 january 2024.
Answer:
|
No, because Charles honestly believed that Dodge did not have a legal right against him for the $200.
| null |
While negligently driving his father's uninsured automobile, 25-year-old Arthur crashed into an automobile driven by Betty. Both Arthur and Betty were injured. Charles, Arthur's father, erroneously believing that he was liable because he owned the automobile, said to Betty, "I will see to it that you are reimbursed for any losses you incur as a result of the accident." Charles also called Physician and told him to take care of Betty, and that he, Charles, would pay the bill. Arthur, having no assets, died as a result of his injuries. Dodge, one of Arthur's creditors, wrote to Charles stating that Arthur owed him a clothing bill of $200 and that he was going to file a claim against Arthur's estate. Charles replied, "If you don't file a claim against Arthur's estate, I will pay what he owed you.""Assume that Charles, honestly believing that he owed Dodge nothing, refused to pay anything to Dodge, who honestly believed that Charles owed him $200. If Dodge then accepts $150 from Charles in settlement of the claim, will Dodge succeed in an action against Charles for the remaining $50?
0. Yes, because Arthur's debt of $200 was liquidated and undisputed.
1. Yes, because Dodge honestly believed that he had a legal right against Charles for the full $200.
2. No, because Charles honestly believed that Dodge did not have a legal right against him for the $200.
3. No, because Charles was not contractually obligated to pay Dodge $200 in the first plac
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system generally abhors. what modern times are changing is that one may assure the distance is clear ahead virtually through the internet of things, as smart cars connect to get information from smart highways or pass what they see ahead or measure to traffic behind. a fundamental corollary of the acda rule is that technology, expectations, and desires may modernize, but the laws of physics can not and do not. the deceleration coefficients and reactions times may change from conveyance by chariot, horse and buggy, internal combustion engine, electric motor, and by driverless car, but the equations governing stopping distances are immutable. finally, where it is the policy of the law not to fault well intending diligent citizens for innocent mistakes, human life reaps continued benefit from the acda duty of which instills the necessary room to survive uninjured from such foreseeable and excusable error while adding redundancy in the responsibility to avoid a collision ; mere unilateral duties laid down to assure the safety of others tend to result in hazardous risk compensation by those unfettered parties resulting in a moral hazard. allowing one to drive faster than their vision permits them to safely stop, results in there being no core standard of care regarding safe speed making unsafe speed laws void for vagueness. the acda minimum standard gives fair notice of what conduct is prohibited, and people of ordinary intelligence can apply their braking experience or the seconds of distance to stop rule to the distance they can see ; once one is allowed to cruise - on without control beyond the edge of visibility, there is little consensus on what arbitrary speed is unsafe, or what to assume of the vague conditions there - past. to be able to guarantee " assurance " beyond proximate edge of clear visibility, in doing so exempting acda duty, a road must be designed and maintained such that there is not a chance of obstruction in one's lane beyond the proximate edge of clear visibility. a road's vertical profile must be assured to have such a curvature as not to hide hazards close behind its crests. discretion for drivers and pedestrians to enter onto a potentially occupied lane from a side street must be assuredly eliminated such as with fences, merge lanes, or signalized access. there must
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
, among other things, the reliability and fit of the methods described by the expert. after an extensive examination and discussion of the 3 - step process used by the expert, the court found that the methodology appropriately fit the specific facts of the case, and that a population - based ( epidemiologic ) approach was an appropriate part of the causal methodology. the court denied the defendant's motion to strike the expert's testimony in the order, which was entered on 3 / 31 / 14. the defendant appealed the ruling from the district court, and in july 2016, the tenth circuit u. s. court of appeals affirmed the 3 - step causal methodology as generally accepted and well established for assessing injury causation, under the daubert standard. see etherton v. auto - owners insurance company, no. 14 - 1164 ( 10th cir, 7 / 19 / 16 ) [ 2 ]. = = = = hill viewpoints = = = = plausibility of an investigated association can be assessed in an fe investigation, in part, via application of the hill criteria, named for a 1965 publication by sir austin bradford - hill, in which he described nine " viewpoints " by which an association described in an epidemiologic study could be assessed for causality. hill declined to call his viewpoints " criteria " lest they be considered a checklist for assessing causation. the term " hill criteria " is used widely in the literature, however, and for convenience is used in the present discussion. of the nine criteria, there are seven that have utility for assessing the plausibility of an investigated specific causal relationship, as follows : coherence : a causal conclusion should not contradict present substantive knowledge. it should " make sense " given current knowledge analogy : the results of a previously described causal relationship may be translatable to the circumstances of a current investigation consistency : the repeated observation of the investigated relationship in different circumstances or across a number of studies lends strength to a causal inference specificity : the degree to which the exposure is associated with a particular outcome biological plausibility : the extent to which the observed association can be explained by known scientific principles experiment : in some cases there may be evidence from randomized experiments ( i. e., drug trials ) dose response : the probability, frequency, or severity of the outcome increases with increased amount of exposure subsequent authors have added the feature of challenge / dechallenge / rechallenge for circumstances when the exposure is repeated over time and there
driving car fatalities. a report made by the national transportation safety board ( ntsb ) showed that the self - driving uber car was unable to identify the victim in a sufficient amount of time for the vehicle to slow down and avoid crashing into the victim. = = = ethical = = = another concern related to vehicle automation is its ethical issues. in reality, autonomous vehicles can encounter inevitable traffic accidents. in such situations, many risks and calculations need to be made in order to minimize the amount of damage the accident could cause. when a human driver encounters an inevitable accident, the driver will take a spontaneous action based on ethical and moral logic. however, when a driver has no control over the vehicle ( level 5 autonomy ), the system of an autonomous vehicle needs to make that quick decision. unlike humans, autonomous vehicles can only make decisions based on what it is programmed to do. however, the situation and circumstances of accidents differ from one another, and any one decision might not be the best decision for certain accidents. based on two research studies in 2019, the implementation of fully automated vehicles in traffic where semi - automated and non - automated vehicles are still present might lead to complications. some flaws that still need consideration include the structure of liability, distribution of responsibilities, efficiency in decision making, and the performance of autonomous vehicles with its diverse surroundings. still, researchers steven umbrello and roman v. yampolskiy propose that the value sensitive design approach is one method that can be used to design autonomous vehicles to avoid some of these ethical issues and design for human values. = = see also = = self - driving car self - driving truck dashcam intelligent speed adaptation intelligent transportation system robo - taxi transit media uncrewed vehicle = = references = = " uber self - driving cars hit the streets of pittsburgh ". www. cbsnews. com. 14 september 2016. retrieved 5 may 2023. = = external links = = european commission intelligent car website u. s. department of transportation β intelligent transportation systems joint program office website sheth, aadit ( 3 january 2024 ). " indian ai and robotics startup claims level 5 autonomy ". prompt engineering daily. retrieved 27 january 2024.
Answer:
|
Yes, because Arthur's debt of $200 was liquidated and undisputed.
| 0.3 |
Until 1954, the state of New Atlantic required segregation in all public and private schools, but all public schools are now desegregated. Other state laws, enacted before 1954 and continuing to the present, provide for free distribution of the same textbooks on secular subjects to students in all public and private schools. In addition, the state accredits schools and certifies teachers. Little White School, a private school that offers elementary and secondary education in the state denies admission to all non-Caucasians. Stone School is a private school that offers religious instruction."Which of the following is the strongest argument against the constitutionality of free distribution of textbooks to the students at the Little White School?
0. No legitimate educational function is served by the free distribution of textbooks.
1. The state may not in any way aid private schools.
2. The Constitution forbids private bias of any kind.
3. Segregation is furthered by the distribution of textbooks to these students.
= = k β 12 education = = = = before the self - advocacy movement, many people with intellectual and developmental disabilities in the us were not allowed to attend school. their families had to either keep them at home or send them to an institution. some institutions were supposed to provide the people there with education. institutions specifically for people with intellectual and developmental disabilities were called state schools. however, in practice, the education provide was insufficient or nonexistent. these " schools " turned into warehouses, full of abuse and neglect. in 1972, pennsylvania association for retarded citizens v. commonwealth of pennsylvania overturned the state law that forbid children with intellectual disabilities from attending school. it established that states had to provide a free public education for all children. mills v. board of education of district of columbia ruled that the schools must provide accommodations to students so that they can attend public school. in 1975, president gerald ford signed the education for handicapped children act ( now known as the individuals with disabilities education act ). this law entitles all children to receive a free and appropriate public education ( fape ). the law requires schools to provide students with accommodations and support to attend school. the least restrictive environment clause means that students must be, whenever possible, educated in mainstream classrooms with their non - disabled peers. despite this, many people with intellectual and developmental disabilities are segregated in special education classrooms and not given the accommodations they need to succeed. = = = civil rights = = = = = = relationship to other movements = = = the self - advocacy movement developed alongside other movements, including the civil rights movement seeing a common goal in fighting for equal treatment. john f. kennedy, in addition to passing civil rights legislation, also assembled a president's panel on mental retardation. self - advocates framed their demands using a rights - based framework. notable cases against institutions were based on the infringement of their civil rights. self - advocacy developed concurrently but often separately to the independent living movement and the larger disability rights movement in the 1960s and 1970s. these movements were mostly made up of people with physical disabilities. ed roberts described a " hierarchy of disability " where certain disabilities were considered to rank higher than others. in these hierarchies, people with intellectual and developmental disabilities were seen as at the bottom. bette mcmuldren discussed the early independent living movement, saying " i remember even then β and i know independent living programs are still struggling with this now β we were trying to include people who had developmental disabilities, and we were trying to figure out how
a zero - tolerance policy in schools is a policy of strict enforcement of school rules against behaviors or the possession of items deemed undesirable. in schools, common zero - tolerance policies concern physical altercations, as well as the possession or use of illicit drugs or weapons. students, and sometimes staff, parents, and other visitors, who possess a banned item for any reason are always ( if the policy is followed ) punished. public criticism against such policies has arisen because of the punishments the schools mete out when students break the rules in ignorance, by accident, or under extenuating circumstances. the policies have also been criticized for their connection to educational inequality in the united states. in the united states and canada, zero - tolerance policies have been adopted in various schools and other educational platforms. zero - tolerance policies in the united states became widespread in 1994, after federal legislation would withhold all federal funding from states that did not expel students for one year if they bring a firearm to school. = = history = = the zero - tolerance term began with the gun - free schools act of 1994, when congress made federal funding of public schools conditional upon the adoption of zero - tolerance policies for firearm possession. similar policies of intolerance, coupled with expulsions for less serious behaviors than bringing a weapon to school, had long been a part of private, and particularly religious, schools. the use of zero - tolerance policies in public schools increased dramatically after the columbine high school massacre in 1999, with principals declaring that safety concerns made them want zero - tolerance for weapons. these rules led to disproportionate responses to minor or technical transgressions. cases that attracted international media attention cases include students being suspended or expelled for offenses such as possession of over - the - counter and / or prescription drugs on campus with the permission of the students β parents, keeping various pocketknives in cars, and carrying woodworking tools outside of a wood shop classroom. in seal v. morgan, a tennessee student was expelled because someone else's knife was found in his car on school property, despite his protestations that he was unaware of the knife's presence ; in 2000, the courts struck down the expulsion as having no rational basis. in some jurisdictions, zero - tolerance policies have come into conflict with freedom of religion rules already in place allowing students to carry, for example, kirpans. in the " kids for cash " scandal, judge mark ciavarella, who promoted a platform of zero - tolerance,
standards and national, which is biased in favor of the state standards by 30 %, on average. this puts vermont 11th - best in the nation. most states have a higher bias. however, when allowance for race is considered, a 2007 u. s. government list of test scores shows vermont white fourth graders performed 25th in the nation for reading ( 229 ) and 26th for math ( 247 ). white eighth graders scored 18th for math ( 292 ) and 12th for reading ( 273 ). the first three scores were not considered statistically different from average. white eighth graders scored significantly above average in reading. statistics for black students were not reliable because of their small representation in the testing. in 2017, spending $ 1. 6 billion on education for 76, 000 public school children, represents more than $ 21, 000 per student. education week ranked the state second in high school graduation rates for 2007. in 2011, 91 % of the population had graduated from high school compared with 85 % nationally. almost 34 % have at least an undergraduate degree compared with 28 % nationally. in 2013, the ratio of pupils to teachers was the lowest in the country. = = = higher education = = = vermont's largest university is the university of vermont ( uvm ), a public land - grant research university and one of the original eight public ivies. in addition, vermont state university and the community college of vermont reside within the vermont state colleges system. the state has several other private colleges, including bennington college, champlain college, middlebury college, norwich university, saint michael's college, and vermont law and graduate school. research at the university of vermont by george perkins marsh and the influence of vermont - born philosopher and educator john dewey brought about the concepts of electives and learning - by - doing. = = transportation = = the vermont agency of transportation ( vtrans ) is responsible for transportation infrastructure. the principal mode of travel in vermont is via car, with 93. 4 % of vermont households owning a car in 2021. four car ferry routes operate across lake champlain. passenger rail is provided by amtrak's daily vermonter and ethan allen express trains. intercity bus operators include vermont translines, greyhound lines, and megabus. a number of public transit agencies operate bus service at the local, county, and regional levels. patrick leahy burlington international airport is the state's primary airport. = = = road = = = in 2012, there were 605, 000 vehicles registered, nearly one for every person. this is similar
safe sex practices. as of 2006, only twenty states required sex education in schools β of these, only ten required information about contraception. on the whole, less than 10 % of american students receive sex education that includes topical coverage of abortion, homosexuality, relationships, pregnancy, and sti prevention. abstinence - only education was used throughout much of the united states in the 1990s and early 2000s. based upon the moral principle that sex outside of marriage is unacceptable, the programs often misled students about their rights to have sex, the consequences, and prevention of pregnancy and stis. abortion in the united states was a constitutional right since the united states supreme court decision roe v. wade which decriminalised abortion nationwide in 1973, and established a minimal period during which abortion is legal ( with more or fewer restrictions throughout the pregnancy ) until this decision was overturned in june 2022 by the decision dobbs v. jackson women's health organization. abortion rights are now decided at the state level with only california, michigan, ohio, and vermont conferring explicit rights to abortions. the state constitutions of alabama, louisiana, tennessee, and west virginia explicitly contain no right to an abortion. = = lack of knowledge about rights = = one of the many reasons why reproductive rights are poor in many places, is not only that they are restricted but that the vast majority of the population may not know what the law is. not only are ordinary people uninformed, but so are medical doctors. a study in brazil on medical doctors found considerable ignorance and misunderstanding of the law on abortion ( which is severely restricted, but not completely illegal ). in ghana, abortion, while restricted, is permitted on several grounds, but only 3 % of pregnant women and 6 % of those seeking an abortion were aware of the legal status of abortion. in nepal, abortion was legalized in 2002, but a study in 2009 found that only half of women knew that abortion was legalized. many people also do not understand the laws on sexual violence : in hungary, where marital rape was made illegal in 1997, in a study in 2006, 62 % of people did not know that marital rape was a crime. the united nations development programme states that, in order to advance gender justice, " women must know their rights and be able to access legal systems ", and the 1993 un declaration on the elimination of violence against women states at art. 4 ( d ) [... ] " states should also inform women of their rights in seeking redress through such mechanisms
that the evidence indicates that minority children are the most likely to suffer the negative consequences of zero - tolerance policies. analysis of the suspension rate of students shows that black females and other racial minorities are suspended at a greater rate. the american psychological association concluded that the available evidence does not support the use of zero - tolerance policies as defined and implemented, that there is a clear need to modify such policies, and that the policies create a number of unintended negative consequences, including making schools " less safe ". in 2014, a study of school discipline figures was conducted. it was found that suspensions and expulsions as a result of zero - tolerance policies have not reduced school disruptions. the study's author stated that " zero - tolerance approaches to school discipline are not the best way to create a safe climate for learning ". zero - tolerance policies are sometimes viewed as a quick fix solution for student problems. while this seems like a simple action - reaction type of situation, it often leaves out the mitigating circumstances that are often the important details in student incidents. even civilian judges consider mitigating circumstances before passing judgment or sentencing. if zero - tolerance policies were applied in adult courtroom scenarios, they would be fundamentally unjust and unconstitutional due to neglecting the laws involving due process, along with cruel and unusual punishments. = = advocacy = = proponents of punishment - and exclusion - based philosophy of school discipline policies claim that such policies are required to create an appropriate environment for learning. this rests on the assumption that strong enforcement can act as a psychological deterrent to other potentially disruptive students. the policy assumption is that inflexibility is a deterrent because, no matter how or why the rule was broken, the fact that the rule was broken is the basis for the imposition of the penalty. this is intended as a behavior modification strategy : since those at risk know that it may operate unfairly, they may be induced to take even unreasonable steps to avoid breaking the rule. this is a standard policy in rule - and law - based systems around the world on " offenses " as minor as traffic violations to major health and safety legislation for the protection of employees and the environment. disciplinarian parents view zero - tolerance policies as a tool to fight corruption. under this argument, if subjective judgment is not allowed, most attempts by the authorized person to encourage bribes or other favors in exchange for leniency are clearly visible. = = criticism = = critics of zero - tolerance policies in schools say they are part of a school - to - prison
Answer:
|
Segregation is furthered by the distribution of textbooks to these students.
| null |
Until 1954, the state of New Atlantic required segregation in all public and private schools, but all public schools are now desegregated. Other state laws, enacted before 1954 and continuing to the present, provide for free distribution of the same textbooks on secular subjects to students in all public and private schools. In addition, the state accredits schools and certifies teachers. Little White School, a private school that offers elementary and secondary education in the state denies admission to all non-Caucasians. Stone School is a private school that offers religious instruction."Which of the following is the strongest argument against the constitutionality of free distribution of textbooks to the students at the Little White School?
0. No legitimate educational function is served by the free distribution of textbooks.
1. The state may not in any way aid private schools.
2. The Constitution forbids private bias of any kind.
3. Segregation is furthered by the distribution of textbooks to these students.
= = k β 12 education = = = = before the self - advocacy movement, many people with intellectual and developmental disabilities in the us were not allowed to attend school. their families had to either keep them at home or send them to an institution. some institutions were supposed to provide the people there with education. institutions specifically for people with intellectual and developmental disabilities were called state schools. however, in practice, the education provide was insufficient or nonexistent. these " schools " turned into warehouses, full of abuse and neglect. in 1972, pennsylvania association for retarded citizens v. commonwealth of pennsylvania overturned the state law that forbid children with intellectual disabilities from attending school. it established that states had to provide a free public education for all children. mills v. board of education of district of columbia ruled that the schools must provide accommodations to students so that they can attend public school. in 1975, president gerald ford signed the education for handicapped children act ( now known as the individuals with disabilities education act ). this law entitles all children to receive a free and appropriate public education ( fape ). the law requires schools to provide students with accommodations and support to attend school. the least restrictive environment clause means that students must be, whenever possible, educated in mainstream classrooms with their non - disabled peers. despite this, many people with intellectual and developmental disabilities are segregated in special education classrooms and not given the accommodations they need to succeed. = = = civil rights = = = = = = relationship to other movements = = = the self - advocacy movement developed alongside other movements, including the civil rights movement seeing a common goal in fighting for equal treatment. john f. kennedy, in addition to passing civil rights legislation, also assembled a president's panel on mental retardation. self - advocates framed their demands using a rights - based framework. notable cases against institutions were based on the infringement of their civil rights. self - advocacy developed concurrently but often separately to the independent living movement and the larger disability rights movement in the 1960s and 1970s. these movements were mostly made up of people with physical disabilities. ed roberts described a " hierarchy of disability " where certain disabilities were considered to rank higher than others. in these hierarchies, people with intellectual and developmental disabilities were seen as at the bottom. bette mcmuldren discussed the early independent living movement, saying " i remember even then β and i know independent living programs are still struggling with this now β we were trying to include people who had developmental disabilities, and we were trying to figure out how
a zero - tolerance policy in schools is a policy of strict enforcement of school rules against behaviors or the possession of items deemed undesirable. in schools, common zero - tolerance policies concern physical altercations, as well as the possession or use of illicit drugs or weapons. students, and sometimes staff, parents, and other visitors, who possess a banned item for any reason are always ( if the policy is followed ) punished. public criticism against such policies has arisen because of the punishments the schools mete out when students break the rules in ignorance, by accident, or under extenuating circumstances. the policies have also been criticized for their connection to educational inequality in the united states. in the united states and canada, zero - tolerance policies have been adopted in various schools and other educational platforms. zero - tolerance policies in the united states became widespread in 1994, after federal legislation would withhold all federal funding from states that did not expel students for one year if they bring a firearm to school. = = history = = the zero - tolerance term began with the gun - free schools act of 1994, when congress made federal funding of public schools conditional upon the adoption of zero - tolerance policies for firearm possession. similar policies of intolerance, coupled with expulsions for less serious behaviors than bringing a weapon to school, had long been a part of private, and particularly religious, schools. the use of zero - tolerance policies in public schools increased dramatically after the columbine high school massacre in 1999, with principals declaring that safety concerns made them want zero - tolerance for weapons. these rules led to disproportionate responses to minor or technical transgressions. cases that attracted international media attention cases include students being suspended or expelled for offenses such as possession of over - the - counter and / or prescription drugs on campus with the permission of the students β parents, keeping various pocketknives in cars, and carrying woodworking tools outside of a wood shop classroom. in seal v. morgan, a tennessee student was expelled because someone else's knife was found in his car on school property, despite his protestations that he was unaware of the knife's presence ; in 2000, the courts struck down the expulsion as having no rational basis. in some jurisdictions, zero - tolerance policies have come into conflict with freedom of religion rules already in place allowing students to carry, for example, kirpans. in the " kids for cash " scandal, judge mark ciavarella, who promoted a platform of zero - tolerance,
standards and national, which is biased in favor of the state standards by 30 %, on average. this puts vermont 11th - best in the nation. most states have a higher bias. however, when allowance for race is considered, a 2007 u. s. government list of test scores shows vermont white fourth graders performed 25th in the nation for reading ( 229 ) and 26th for math ( 247 ). white eighth graders scored 18th for math ( 292 ) and 12th for reading ( 273 ). the first three scores were not considered statistically different from average. white eighth graders scored significantly above average in reading. statistics for black students were not reliable because of their small representation in the testing. in 2017, spending $ 1. 6 billion on education for 76, 000 public school children, represents more than $ 21, 000 per student. education week ranked the state second in high school graduation rates for 2007. in 2011, 91 % of the population had graduated from high school compared with 85 % nationally. almost 34 % have at least an undergraduate degree compared with 28 % nationally. in 2013, the ratio of pupils to teachers was the lowest in the country. = = = higher education = = = vermont's largest university is the university of vermont ( uvm ), a public land - grant research university and one of the original eight public ivies. in addition, vermont state university and the community college of vermont reside within the vermont state colleges system. the state has several other private colleges, including bennington college, champlain college, middlebury college, norwich university, saint michael's college, and vermont law and graduate school. research at the university of vermont by george perkins marsh and the influence of vermont - born philosopher and educator john dewey brought about the concepts of electives and learning - by - doing. = = transportation = = the vermont agency of transportation ( vtrans ) is responsible for transportation infrastructure. the principal mode of travel in vermont is via car, with 93. 4 % of vermont households owning a car in 2021. four car ferry routes operate across lake champlain. passenger rail is provided by amtrak's daily vermonter and ethan allen express trains. intercity bus operators include vermont translines, greyhound lines, and megabus. a number of public transit agencies operate bus service at the local, county, and regional levels. patrick leahy burlington international airport is the state's primary airport. = = = road = = = in 2012, there were 605, 000 vehicles registered, nearly one for every person. this is similar
safe sex practices. as of 2006, only twenty states required sex education in schools β of these, only ten required information about contraception. on the whole, less than 10 % of american students receive sex education that includes topical coverage of abortion, homosexuality, relationships, pregnancy, and sti prevention. abstinence - only education was used throughout much of the united states in the 1990s and early 2000s. based upon the moral principle that sex outside of marriage is unacceptable, the programs often misled students about their rights to have sex, the consequences, and prevention of pregnancy and stis. abortion in the united states was a constitutional right since the united states supreme court decision roe v. wade which decriminalised abortion nationwide in 1973, and established a minimal period during which abortion is legal ( with more or fewer restrictions throughout the pregnancy ) until this decision was overturned in june 2022 by the decision dobbs v. jackson women's health organization. abortion rights are now decided at the state level with only california, michigan, ohio, and vermont conferring explicit rights to abortions. the state constitutions of alabama, louisiana, tennessee, and west virginia explicitly contain no right to an abortion. = = lack of knowledge about rights = = one of the many reasons why reproductive rights are poor in many places, is not only that they are restricted but that the vast majority of the population may not know what the law is. not only are ordinary people uninformed, but so are medical doctors. a study in brazil on medical doctors found considerable ignorance and misunderstanding of the law on abortion ( which is severely restricted, but not completely illegal ). in ghana, abortion, while restricted, is permitted on several grounds, but only 3 % of pregnant women and 6 % of those seeking an abortion were aware of the legal status of abortion. in nepal, abortion was legalized in 2002, but a study in 2009 found that only half of women knew that abortion was legalized. many people also do not understand the laws on sexual violence : in hungary, where marital rape was made illegal in 1997, in a study in 2006, 62 % of people did not know that marital rape was a crime. the united nations development programme states that, in order to advance gender justice, " women must know their rights and be able to access legal systems ", and the 1993 un declaration on the elimination of violence against women states at art. 4 ( d ) [... ] " states should also inform women of their rights in seeking redress through such mechanisms
that the evidence indicates that minority children are the most likely to suffer the negative consequences of zero - tolerance policies. analysis of the suspension rate of students shows that black females and other racial minorities are suspended at a greater rate. the american psychological association concluded that the available evidence does not support the use of zero - tolerance policies as defined and implemented, that there is a clear need to modify such policies, and that the policies create a number of unintended negative consequences, including making schools " less safe ". in 2014, a study of school discipline figures was conducted. it was found that suspensions and expulsions as a result of zero - tolerance policies have not reduced school disruptions. the study's author stated that " zero - tolerance approaches to school discipline are not the best way to create a safe climate for learning ". zero - tolerance policies are sometimes viewed as a quick fix solution for student problems. while this seems like a simple action - reaction type of situation, it often leaves out the mitigating circumstances that are often the important details in student incidents. even civilian judges consider mitigating circumstances before passing judgment or sentencing. if zero - tolerance policies were applied in adult courtroom scenarios, they would be fundamentally unjust and unconstitutional due to neglecting the laws involving due process, along with cruel and unusual punishments. = = advocacy = = proponents of punishment - and exclusion - based philosophy of school discipline policies claim that such policies are required to create an appropriate environment for learning. this rests on the assumption that strong enforcement can act as a psychological deterrent to other potentially disruptive students. the policy assumption is that inflexibility is a deterrent because, no matter how or why the rule was broken, the fact that the rule was broken is the basis for the imposition of the penalty. this is intended as a behavior modification strategy : since those at risk know that it may operate unfairly, they may be induced to take even unreasonable steps to avoid breaking the rule. this is a standard policy in rule - and law - based systems around the world on " offenses " as minor as traffic violations to major health and safety legislation for the protection of employees and the environment. disciplinarian parents view zero - tolerance policies as a tool to fight corruption. under this argument, if subjective judgment is not allowed, most attempts by the authorized person to encourage bribes or other favors in exchange for leniency are clearly visible. = = criticism = = critics of zero - tolerance policies in schools say they are part of a school - to - prison
Answer:
|
The Constitution forbids private bias of any kind.
| 0.3 |
Until 1954, the state of New Atlantic required segregation in all public and private schools, but all public schools are now desegregated. Other state laws, enacted before 1954 and continuing to the present, provide for free distribution of the same textbooks on secular subjects to students in all public and private schools. In addition, the state accredits schools and certifies teachers. Little White School, a private school that offers elementary and secondary education in the state denies admission to all non-Caucasians. Stone School is a private school that offers religious instruction."Which of the following is the strongest argument in favor of the constitutionality of free distribution of textbooks to the students at Stone School?
0. Private religious schools, like public nonsectarian schools, fulfill an important educational function.
1. Religious instruction in private schools is not constitutionally objectionable.
2. The purpose and effect of the free distribution of these textbooks is secular and does not entangle church and state.
3. The free exercise clause requires identical treatment by the state of students in public and private school
= = k β 12 education = = = = before the self - advocacy movement, many people with intellectual and developmental disabilities in the us were not allowed to attend school. their families had to either keep them at home or send them to an institution. some institutions were supposed to provide the people there with education. institutions specifically for people with intellectual and developmental disabilities were called state schools. however, in practice, the education provide was insufficient or nonexistent. these " schools " turned into warehouses, full of abuse and neglect. in 1972, pennsylvania association for retarded citizens v. commonwealth of pennsylvania overturned the state law that forbid children with intellectual disabilities from attending school. it established that states had to provide a free public education for all children. mills v. board of education of district of columbia ruled that the schools must provide accommodations to students so that they can attend public school. in 1975, president gerald ford signed the education for handicapped children act ( now known as the individuals with disabilities education act ). this law entitles all children to receive a free and appropriate public education ( fape ). the law requires schools to provide students with accommodations and support to attend school. the least restrictive environment clause means that students must be, whenever possible, educated in mainstream classrooms with their non - disabled peers. despite this, many people with intellectual and developmental disabilities are segregated in special education classrooms and not given the accommodations they need to succeed. = = = civil rights = = = = = = relationship to other movements = = = the self - advocacy movement developed alongside other movements, including the civil rights movement seeing a common goal in fighting for equal treatment. john f. kennedy, in addition to passing civil rights legislation, also assembled a president's panel on mental retardation. self - advocates framed their demands using a rights - based framework. notable cases against institutions were based on the infringement of their civil rights. self - advocacy developed concurrently but often separately to the independent living movement and the larger disability rights movement in the 1960s and 1970s. these movements were mostly made up of people with physical disabilities. ed roberts described a " hierarchy of disability " where certain disabilities were considered to rank higher than others. in these hierarchies, people with intellectual and developmental disabilities were seen as at the bottom. bette mcmuldren discussed the early independent living movement, saying " i remember even then β and i know independent living programs are still struggling with this now β we were trying to include people who had developmental disabilities, and we were trying to figure out how
a zero - tolerance policy in schools is a policy of strict enforcement of school rules against behaviors or the possession of items deemed undesirable. in schools, common zero - tolerance policies concern physical altercations, as well as the possession or use of illicit drugs or weapons. students, and sometimes staff, parents, and other visitors, who possess a banned item for any reason are always ( if the policy is followed ) punished. public criticism against such policies has arisen because of the punishments the schools mete out when students break the rules in ignorance, by accident, or under extenuating circumstances. the policies have also been criticized for their connection to educational inequality in the united states. in the united states and canada, zero - tolerance policies have been adopted in various schools and other educational platforms. zero - tolerance policies in the united states became widespread in 1994, after federal legislation would withhold all federal funding from states that did not expel students for one year if they bring a firearm to school. = = history = = the zero - tolerance term began with the gun - free schools act of 1994, when congress made federal funding of public schools conditional upon the adoption of zero - tolerance policies for firearm possession. similar policies of intolerance, coupled with expulsions for less serious behaviors than bringing a weapon to school, had long been a part of private, and particularly religious, schools. the use of zero - tolerance policies in public schools increased dramatically after the columbine high school massacre in 1999, with principals declaring that safety concerns made them want zero - tolerance for weapons. these rules led to disproportionate responses to minor or technical transgressions. cases that attracted international media attention cases include students being suspended or expelled for offenses such as possession of over - the - counter and / or prescription drugs on campus with the permission of the students β parents, keeping various pocketknives in cars, and carrying woodworking tools outside of a wood shop classroom. in seal v. morgan, a tennessee student was expelled because someone else's knife was found in his car on school property, despite his protestations that he was unaware of the knife's presence ; in 2000, the courts struck down the expulsion as having no rational basis. in some jurisdictions, zero - tolerance policies have come into conflict with freedom of religion rules already in place allowing students to carry, for example, kirpans. in the " kids for cash " scandal, judge mark ciavarella, who promoted a platform of zero - tolerance,
safe sex practices. as of 2006, only twenty states required sex education in schools β of these, only ten required information about contraception. on the whole, less than 10 % of american students receive sex education that includes topical coverage of abortion, homosexuality, relationships, pregnancy, and sti prevention. abstinence - only education was used throughout much of the united states in the 1990s and early 2000s. based upon the moral principle that sex outside of marriage is unacceptable, the programs often misled students about their rights to have sex, the consequences, and prevention of pregnancy and stis. abortion in the united states was a constitutional right since the united states supreme court decision roe v. wade which decriminalised abortion nationwide in 1973, and established a minimal period during which abortion is legal ( with more or fewer restrictions throughout the pregnancy ) until this decision was overturned in june 2022 by the decision dobbs v. jackson women's health organization. abortion rights are now decided at the state level with only california, michigan, ohio, and vermont conferring explicit rights to abortions. the state constitutions of alabama, louisiana, tennessee, and west virginia explicitly contain no right to an abortion. = = lack of knowledge about rights = = one of the many reasons why reproductive rights are poor in many places, is not only that they are restricted but that the vast majority of the population may not know what the law is. not only are ordinary people uninformed, but so are medical doctors. a study in brazil on medical doctors found considerable ignorance and misunderstanding of the law on abortion ( which is severely restricted, but not completely illegal ). in ghana, abortion, while restricted, is permitted on several grounds, but only 3 % of pregnant women and 6 % of those seeking an abortion were aware of the legal status of abortion. in nepal, abortion was legalized in 2002, but a study in 2009 found that only half of women knew that abortion was legalized. many people also do not understand the laws on sexual violence : in hungary, where marital rape was made illegal in 1997, in a study in 2006, 62 % of people did not know that marital rape was a crime. the united nations development programme states that, in order to advance gender justice, " women must know their rights and be able to access legal systems ", and the 1993 un declaration on the elimination of violence against women states at art. 4 ( d ) [... ] " states should also inform women of their rights in seeking redress through such mechanisms
standards and national, which is biased in favor of the state standards by 30 %, on average. this puts vermont 11th - best in the nation. most states have a higher bias. however, when allowance for race is considered, a 2007 u. s. government list of test scores shows vermont white fourth graders performed 25th in the nation for reading ( 229 ) and 26th for math ( 247 ). white eighth graders scored 18th for math ( 292 ) and 12th for reading ( 273 ). the first three scores were not considered statistically different from average. white eighth graders scored significantly above average in reading. statistics for black students were not reliable because of their small representation in the testing. in 2017, spending $ 1. 6 billion on education for 76, 000 public school children, represents more than $ 21, 000 per student. education week ranked the state second in high school graduation rates for 2007. in 2011, 91 % of the population had graduated from high school compared with 85 % nationally. almost 34 % have at least an undergraduate degree compared with 28 % nationally. in 2013, the ratio of pupils to teachers was the lowest in the country. = = = higher education = = = vermont's largest university is the university of vermont ( uvm ), a public land - grant research university and one of the original eight public ivies. in addition, vermont state university and the community college of vermont reside within the vermont state colleges system. the state has several other private colleges, including bennington college, champlain college, middlebury college, norwich university, saint michael's college, and vermont law and graduate school. research at the university of vermont by george perkins marsh and the influence of vermont - born philosopher and educator john dewey brought about the concepts of electives and learning - by - doing. = = transportation = = the vermont agency of transportation ( vtrans ) is responsible for transportation infrastructure. the principal mode of travel in vermont is via car, with 93. 4 % of vermont households owning a car in 2021. four car ferry routes operate across lake champlain. passenger rail is provided by amtrak's daily vermonter and ethan allen express trains. intercity bus operators include vermont translines, greyhound lines, and megabus. a number of public transit agencies operate bus service at the local, county, and regional levels. patrick leahy burlington international airport is the state's primary airport. = = = road = = = in 2012, there were 605, 000 vehicles registered, nearly one for every person. this is similar
that the evidence indicates that minority children are the most likely to suffer the negative consequences of zero - tolerance policies. analysis of the suspension rate of students shows that black females and other racial minorities are suspended at a greater rate. the american psychological association concluded that the available evidence does not support the use of zero - tolerance policies as defined and implemented, that there is a clear need to modify such policies, and that the policies create a number of unintended negative consequences, including making schools " less safe ". in 2014, a study of school discipline figures was conducted. it was found that suspensions and expulsions as a result of zero - tolerance policies have not reduced school disruptions. the study's author stated that " zero - tolerance approaches to school discipline are not the best way to create a safe climate for learning ". zero - tolerance policies are sometimes viewed as a quick fix solution for student problems. while this seems like a simple action - reaction type of situation, it often leaves out the mitigating circumstances that are often the important details in student incidents. even civilian judges consider mitigating circumstances before passing judgment or sentencing. if zero - tolerance policies were applied in adult courtroom scenarios, they would be fundamentally unjust and unconstitutional due to neglecting the laws involving due process, along with cruel and unusual punishments. = = advocacy = = proponents of punishment - and exclusion - based philosophy of school discipline policies claim that such policies are required to create an appropriate environment for learning. this rests on the assumption that strong enforcement can act as a psychological deterrent to other potentially disruptive students. the policy assumption is that inflexibility is a deterrent because, no matter how or why the rule was broken, the fact that the rule was broken is the basis for the imposition of the penalty. this is intended as a behavior modification strategy : since those at risk know that it may operate unfairly, they may be induced to take even unreasonable steps to avoid breaking the rule. this is a standard policy in rule - and law - based systems around the world on " offenses " as minor as traffic violations to major health and safety legislation for the protection of employees and the environment. disciplinarian parents view zero - tolerance policies as a tool to fight corruption. under this argument, if subjective judgment is not allowed, most attempts by the authorized person to encourage bribes or other favors in exchange for leniency are clearly visible. = = criticism = = critics of zero - tolerance policies in schools say they are part of a school - to - prison
Answer:
|
The purpose and effect of the free distribution of these textbooks is secular and does not entangle church and state.
| null |
Until 1954, the state of New Atlantic required segregation in all public and private schools, but all public schools are now desegregated. Other state laws, enacted before 1954 and continuing to the present, provide for free distribution of the same textbooks on secular subjects to students in all public and private schools. In addition, the state accredits schools and certifies teachers. Little White School, a private school that offers elementary and secondary education in the state denies admission to all non-Caucasians. Stone School is a private school that offers religious instruction."Which of the following is the strongest argument in favor of the constitutionality of free distribution of textbooks to the students at Stone School?
0. Private religious schools, like public nonsectarian schools, fulfill an important educational function.
1. Religious instruction in private schools is not constitutionally objectionable.
2. The purpose and effect of the free distribution of these textbooks is secular and does not entangle church and state.
3. The free exercise clause requires identical treatment by the state of students in public and private school
= = k β 12 education = = = = before the self - advocacy movement, many people with intellectual and developmental disabilities in the us were not allowed to attend school. their families had to either keep them at home or send them to an institution. some institutions were supposed to provide the people there with education. institutions specifically for people with intellectual and developmental disabilities were called state schools. however, in practice, the education provide was insufficient or nonexistent. these " schools " turned into warehouses, full of abuse and neglect. in 1972, pennsylvania association for retarded citizens v. commonwealth of pennsylvania overturned the state law that forbid children with intellectual disabilities from attending school. it established that states had to provide a free public education for all children. mills v. board of education of district of columbia ruled that the schools must provide accommodations to students so that they can attend public school. in 1975, president gerald ford signed the education for handicapped children act ( now known as the individuals with disabilities education act ). this law entitles all children to receive a free and appropriate public education ( fape ). the law requires schools to provide students with accommodations and support to attend school. the least restrictive environment clause means that students must be, whenever possible, educated in mainstream classrooms with their non - disabled peers. despite this, many people with intellectual and developmental disabilities are segregated in special education classrooms and not given the accommodations they need to succeed. = = = civil rights = = = = = = relationship to other movements = = = the self - advocacy movement developed alongside other movements, including the civil rights movement seeing a common goal in fighting for equal treatment. john f. kennedy, in addition to passing civil rights legislation, also assembled a president's panel on mental retardation. self - advocates framed their demands using a rights - based framework. notable cases against institutions were based on the infringement of their civil rights. self - advocacy developed concurrently but often separately to the independent living movement and the larger disability rights movement in the 1960s and 1970s. these movements were mostly made up of people with physical disabilities. ed roberts described a " hierarchy of disability " where certain disabilities were considered to rank higher than others. in these hierarchies, people with intellectual and developmental disabilities were seen as at the bottom. bette mcmuldren discussed the early independent living movement, saying " i remember even then β and i know independent living programs are still struggling with this now β we were trying to include people who had developmental disabilities, and we were trying to figure out how
a zero - tolerance policy in schools is a policy of strict enforcement of school rules against behaviors or the possession of items deemed undesirable. in schools, common zero - tolerance policies concern physical altercations, as well as the possession or use of illicit drugs or weapons. students, and sometimes staff, parents, and other visitors, who possess a banned item for any reason are always ( if the policy is followed ) punished. public criticism against such policies has arisen because of the punishments the schools mete out when students break the rules in ignorance, by accident, or under extenuating circumstances. the policies have also been criticized for their connection to educational inequality in the united states. in the united states and canada, zero - tolerance policies have been adopted in various schools and other educational platforms. zero - tolerance policies in the united states became widespread in 1994, after federal legislation would withhold all federal funding from states that did not expel students for one year if they bring a firearm to school. = = history = = the zero - tolerance term began with the gun - free schools act of 1994, when congress made federal funding of public schools conditional upon the adoption of zero - tolerance policies for firearm possession. similar policies of intolerance, coupled with expulsions for less serious behaviors than bringing a weapon to school, had long been a part of private, and particularly religious, schools. the use of zero - tolerance policies in public schools increased dramatically after the columbine high school massacre in 1999, with principals declaring that safety concerns made them want zero - tolerance for weapons. these rules led to disproportionate responses to minor or technical transgressions. cases that attracted international media attention cases include students being suspended or expelled for offenses such as possession of over - the - counter and / or prescription drugs on campus with the permission of the students β parents, keeping various pocketknives in cars, and carrying woodworking tools outside of a wood shop classroom. in seal v. morgan, a tennessee student was expelled because someone else's knife was found in his car on school property, despite his protestations that he was unaware of the knife's presence ; in 2000, the courts struck down the expulsion as having no rational basis. in some jurisdictions, zero - tolerance policies have come into conflict with freedom of religion rules already in place allowing students to carry, for example, kirpans. in the " kids for cash " scandal, judge mark ciavarella, who promoted a platform of zero - tolerance,
safe sex practices. as of 2006, only twenty states required sex education in schools β of these, only ten required information about contraception. on the whole, less than 10 % of american students receive sex education that includes topical coverage of abortion, homosexuality, relationships, pregnancy, and sti prevention. abstinence - only education was used throughout much of the united states in the 1990s and early 2000s. based upon the moral principle that sex outside of marriage is unacceptable, the programs often misled students about their rights to have sex, the consequences, and prevention of pregnancy and stis. abortion in the united states was a constitutional right since the united states supreme court decision roe v. wade which decriminalised abortion nationwide in 1973, and established a minimal period during which abortion is legal ( with more or fewer restrictions throughout the pregnancy ) until this decision was overturned in june 2022 by the decision dobbs v. jackson women's health organization. abortion rights are now decided at the state level with only california, michigan, ohio, and vermont conferring explicit rights to abortions. the state constitutions of alabama, louisiana, tennessee, and west virginia explicitly contain no right to an abortion. = = lack of knowledge about rights = = one of the many reasons why reproductive rights are poor in many places, is not only that they are restricted but that the vast majority of the population may not know what the law is. not only are ordinary people uninformed, but so are medical doctors. a study in brazil on medical doctors found considerable ignorance and misunderstanding of the law on abortion ( which is severely restricted, but not completely illegal ). in ghana, abortion, while restricted, is permitted on several grounds, but only 3 % of pregnant women and 6 % of those seeking an abortion were aware of the legal status of abortion. in nepal, abortion was legalized in 2002, but a study in 2009 found that only half of women knew that abortion was legalized. many people also do not understand the laws on sexual violence : in hungary, where marital rape was made illegal in 1997, in a study in 2006, 62 % of people did not know that marital rape was a crime. the united nations development programme states that, in order to advance gender justice, " women must know their rights and be able to access legal systems ", and the 1993 un declaration on the elimination of violence against women states at art. 4 ( d ) [... ] " states should also inform women of their rights in seeking redress through such mechanisms
standards and national, which is biased in favor of the state standards by 30 %, on average. this puts vermont 11th - best in the nation. most states have a higher bias. however, when allowance for race is considered, a 2007 u. s. government list of test scores shows vermont white fourth graders performed 25th in the nation for reading ( 229 ) and 26th for math ( 247 ). white eighth graders scored 18th for math ( 292 ) and 12th for reading ( 273 ). the first three scores were not considered statistically different from average. white eighth graders scored significantly above average in reading. statistics for black students were not reliable because of their small representation in the testing. in 2017, spending $ 1. 6 billion on education for 76, 000 public school children, represents more than $ 21, 000 per student. education week ranked the state second in high school graduation rates for 2007. in 2011, 91 % of the population had graduated from high school compared with 85 % nationally. almost 34 % have at least an undergraduate degree compared with 28 % nationally. in 2013, the ratio of pupils to teachers was the lowest in the country. = = = higher education = = = vermont's largest university is the university of vermont ( uvm ), a public land - grant research university and one of the original eight public ivies. in addition, vermont state university and the community college of vermont reside within the vermont state colleges system. the state has several other private colleges, including bennington college, champlain college, middlebury college, norwich university, saint michael's college, and vermont law and graduate school. research at the university of vermont by george perkins marsh and the influence of vermont - born philosopher and educator john dewey brought about the concepts of electives and learning - by - doing. = = transportation = = the vermont agency of transportation ( vtrans ) is responsible for transportation infrastructure. the principal mode of travel in vermont is via car, with 93. 4 % of vermont households owning a car in 2021. four car ferry routes operate across lake champlain. passenger rail is provided by amtrak's daily vermonter and ethan allen express trains. intercity bus operators include vermont translines, greyhound lines, and megabus. a number of public transit agencies operate bus service at the local, county, and regional levels. patrick leahy burlington international airport is the state's primary airport. = = = road = = = in 2012, there were 605, 000 vehicles registered, nearly one for every person. this is similar
that the evidence indicates that minority children are the most likely to suffer the negative consequences of zero - tolerance policies. analysis of the suspension rate of students shows that black females and other racial minorities are suspended at a greater rate. the american psychological association concluded that the available evidence does not support the use of zero - tolerance policies as defined and implemented, that there is a clear need to modify such policies, and that the policies create a number of unintended negative consequences, including making schools " less safe ". in 2014, a study of school discipline figures was conducted. it was found that suspensions and expulsions as a result of zero - tolerance policies have not reduced school disruptions. the study's author stated that " zero - tolerance approaches to school discipline are not the best way to create a safe climate for learning ". zero - tolerance policies are sometimes viewed as a quick fix solution for student problems. while this seems like a simple action - reaction type of situation, it often leaves out the mitigating circumstances that are often the important details in student incidents. even civilian judges consider mitigating circumstances before passing judgment or sentencing. if zero - tolerance policies were applied in adult courtroom scenarios, they would be fundamentally unjust and unconstitutional due to neglecting the laws involving due process, along with cruel and unusual punishments. = = advocacy = = proponents of punishment - and exclusion - based philosophy of school discipline policies claim that such policies are required to create an appropriate environment for learning. this rests on the assumption that strong enforcement can act as a psychological deterrent to other potentially disruptive students. the policy assumption is that inflexibility is a deterrent because, no matter how or why the rule was broken, the fact that the rule was broken is the basis for the imposition of the penalty. this is intended as a behavior modification strategy : since those at risk know that it may operate unfairly, they may be induced to take even unreasonable steps to avoid breaking the rule. this is a standard policy in rule - and law - based systems around the world on " offenses " as minor as traffic violations to major health and safety legislation for the protection of employees and the environment. disciplinarian parents view zero - tolerance policies as a tool to fight corruption. under this argument, if subjective judgment is not allowed, most attempts by the authorized person to encourage bribes or other favors in exchange for leniency are clearly visible. = = criticism = = critics of zero - tolerance policies in schools say they are part of a school - to - prison
Answer:
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The free exercise clause requires identical treatment by the state of students in public and private school
| 0.3 |
Defendant is charged with assault and battery. The state's evidence shows that Victim was struck in the face by Defendant's fist. In which of the following situations is Defendant most likely to be not guilty of assault and battery?
0. Defendant had been hypnotized at a party and ordered by the hypnotist to strike the person he disliked the most.
1. Defendant was suffering from an epileptic seizure and had no control over his motions.
2. Defendant was heavily intoxicated and was shadowboxing without realizing that Victim was near him.
3. Defendant, who had just awakened from a deep sleep, was not fully aware of what was happening and mistakenly thought Victim was attacking him
" and " battery ". in everyday use the term assault may be used to describe a physical attack, which is indeed a battery. an assault is causing someone to apprehend that they will be the victim of a battery. this issue is so prevalent that the crime of sexual assault would be better labelled a sexual battery. this confusion stems from the fact that both assault and battery can be referred to as common assault. in practice, if charged with such an offence, the wording will read " assault by beating ", but this means the same as " battery ". there is no separate offence for a battery relating to domestic violence ; however, the introduction of the crime of " controlling or coercive behaviour in an intimate or family relationship " in section 76 of the serious crime act 2015 has given rise to new sentencing guidelines that take into account significant aggravating factors such as abuse of trust, resulting in potentially longer sentences for acts of battery within the context of domestic violence. = = = = whether it is a statutory offence = = = = in dpp v taylor, dpp v little, it was held that battery is a statutory offence, contrary to section 39 of the criminal justice act 1988. this decision was criticised in haystead v dpp where the divisional court expressed the obiter opinion that battery remains a common law offence. therefore, whilst it may be a better view that battery and assault have statutory penalties, rather than being statutory offences, it is still the case that until review by a higher court, dpp v little is the preferred authority. = = = = mode of trial and sentence = = = = in england and wales, battery is a summary offence under section 39 of the criminal justice act 1988. however, by virtue of section 40, it can be tried on indictment where another indictable offence is also charged which is founded on the same facts or together with which it forms part of a series of offences of similar character. where it is tried on indictment a crown court has no greater powers of sentencing than a magistrates'court would, unless the battery itself constitutes actual bodily harm or greater. it is punishable with imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both. = = = = defences = = = = there are numerous defences to a charge of assault, namely intoxication due to drugs / alcohol - voluntary or involuntary ( does not apply to offences which may be committed recklessly, intentionally or with negligence i. e. assault / battery
battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating reasonable fear or apprehension of such contact. battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person. battery is defined by american common law as " any unlawful and / or unwanted touching of the person of another by the aggressor, or by a substance put in motion by them ". in more severe cases, and for all types in some jurisdictions, it is chiefly defined by statutory wording. assessment of the severity of a battery is determined by local law. = = generally = = specific rules regarding battery vary among different jurisdictions, but some elements remain constant across jurisdictions. battery generally requires that : an offensive touch or contact is made upon the victim, instigated by the actor ; and the actor intends or knows that their action will cause the offensive touching. under the us model penal code and in some jurisdictions, there is battery when the actor acts recklessly without specific intent of causing an offensive contact. battery is typically classified as either simple or aggravated. although battery typically occurs in the context of physical altercations, it may also occur under other circumstances, such as in medical cases where a doctor performs a non - consented medical procedure. = = specific countries = = = = = canada = = = battery is not defined in the canadian criminal code. instead, the code has an offense of assault, and assault causing bodily harm. = = = england and wales = = = battery is a common law offence within england and wales. as with the majority of offences in the uk, it has two elements : actus reus : the defendant unlawfully touched or applied force to the victim mens rea : the defendant intended or was reckless as to the unlawful touch or application of force this offence is a crime against autonomy, with more violent crimes such as abh and gbh being statutory offences under the offences against the person act 1861. as such, even the slightest of touches can amount to an unlawful application of force. however, it is assumed that everyday encounters ( such as making contact with others on public transportation ) are consented to and not punishable. much confusion can come between the terms " assault " and " battery ". in everyday use the term assault may be used to describe a physical attack, which is indeed a battery. an assault is causing someone to apprehend that they will be the victim of a battery. this issue is so
in the us, under circumstances that render such contact substantially certain to occur or with a reckless disregard as to whether such contact will result, or in england and wales, reckless that it might occur ( meaning that the defendant foresaw the risk of that contact and carried on unreasonably to take that risk ). assault, where rooted on english law, the act of intentionally causing a person to apprehend physical contact with their person. elsewhere it is often similarly worded as the threat of violence to a person while aggravated assault is the threat with the clear and present ability and willingness to carry it out. aggravated battery is, typically, offensive touching without a tool or weapon with attempt to harm or restrain. = = see also = = assault ( tort ) assault occasioning actual bodily harm battery ( tort ) the dictionary definition of beat up at wiktionary non - fatal offences against the person in english law right of self - defense = = references = =
a false accusation of rape happens when a person states that they or another person have been raped when no rape has occurred. although there are widely varying estimates of the prevalence of false accusation of rape, according to a 2013 book on forensic victimology, very few reliable scientific studies have been conducted. rates of false accusation are sometimes inflated or misrepresented due to conflation of false with designations such as unfounded. designations such as unfounded allow law enforcement to close cases without arriving at a conclusion and are used to describe cases without enough evidence, as opposed to false cases where the accuser is not credible or eventually admits that the accusation is untrue. = = causes = = causes of false accusations of rape fall into two categories : deliberate deception ( lies ) and non - deliberate deception ( such as false memories, facilitated communication, and " don't know " ). = = = deliberate deception = = = an accuser may have several motivations to falsely claim they have been raped. there is disagreement on how many different categories these may be put into. kanin ( 1994 ) listed three : revenge, producing an alibi, and getting sympathy / attention. newman ( 2017 ) listed four : revenge, producing an alibi, personal gain, and mental illness. according to de zutter et al. ( 2017 ), kanin's list is " valid but insufficient to explain all the different motives of complainants " and presents eight categories of motives : material gain, alibi, revenge, sympathy, attention, disturbed mental state, relabeling, or regret. according to hines and douglas ( 2017 ), 73 % of men who've experienced partner - initiated violence reported that their partner threatened to make false accusations. this is compared to 3 % for men in the general population. = = = non - deliberate deception = = = = = = = false memories = = = = there are several ways in which an alleged victim can accidentally come to believe that they have been raped by the person ( s ) they accuse. these include : recovered - memory therapy : memories of sexual abuse " recovered " during therapy in the absence of any supporting evidence, based on the freudian notion of " repression " the victim's confusion of the memory of the real rapist with the memory of someone else memory conformity : memory can become contaminated when co - witnesses discuss their recollection of events = = = = facilitated communication = = = = facilitated communication ( fc ) is a scientifically discredited technique that attempts to
response to increasing awareness of the problem of domestic violence. aggravated battery generally is seen as a serious offense of felony grade. aggravated battery charges may occur when a battery causes serious bodily injury or permanent disfigurement. as a successor to the common law crime of mayhem, this is sometimes subsumed in the definition of assault. in florida, aggravated battery is the intentional infliction of great bodily harm and is a second - degree felony, whereas battery that unintentionally causes great bodily harm is considered a third - degree felony. = = = = kansas = = = = in the state of kansas, battery is defined as follows : battery. ( a ) battery is : ( 1 ) knowingly or recklessly causing bodily harm to another person ; or ( 2 ) knowingly causing physical contact with another person when done in a rude, insulting, or angry manner. = = = = louisiana = = = = the law on battery in louisiana reads : Β§ 33. battery defined : battery is the intentional use of force or violence upon the person of another ; or the intentional administration of a poison or other noxious liquid or substance to another. = = jurisdictional differences = = in some jurisdictions, battery has recently been constructed to include directing bodily secretions ( i. e., spitting ) at another person without their permission. some of those jurisdictions automatically elevate such a battery to the charge of aggravated battery. in some jurisdictions, the charge of criminal battery also requires evidence of a mental state ( mens rea ). the terminology used to refer to a particular offense can also vary by jurisdiction. some jurisdictions, such as new york, refer to what, under the common - law, would - be battery as assault, and then use another term for the crime that would have been assault, such as menacing. = = distinction between battery and assault = = a typical overt behavior of an assault is person a chasing person b and swinging a fist toward their head. that for battery is a striking b. battery requires : a volitional act ( that is the defendant was acting volunarily ), that results in physical ( or in the us, " harmful or offensive " ) contact with another person, and is committed for the purpose of causing that contact, or, in the us, under circumstances that render such contact substantially certain to occur or with a reckless disregard as to whether such contact will result, or in england and wales, reckless that it might occur ( meaning that the defendant foresaw the risk of that
Answer:
|
Defendant was suffering from an epileptic seizure and had no control over his motions.
| null |
Defendant is charged with assault and battery. The state's evidence shows that Victim was struck in the face by Defendant's fist. In which of the following situations is Defendant most likely to be not guilty of assault and battery?
0. Defendant had been hypnotized at a party and ordered by the hypnotist to strike the person he disliked the most.
1. Defendant was suffering from an epileptic seizure and had no control over his motions.
2. Defendant was heavily intoxicated and was shadowboxing without realizing that Victim was near him.
3. Defendant, who had just awakened from a deep sleep, was not fully aware of what was happening and mistakenly thought Victim was attacking him
" and " battery ". in everyday use the term assault may be used to describe a physical attack, which is indeed a battery. an assault is causing someone to apprehend that they will be the victim of a battery. this issue is so prevalent that the crime of sexual assault would be better labelled a sexual battery. this confusion stems from the fact that both assault and battery can be referred to as common assault. in practice, if charged with such an offence, the wording will read " assault by beating ", but this means the same as " battery ". there is no separate offence for a battery relating to domestic violence ; however, the introduction of the crime of " controlling or coercive behaviour in an intimate or family relationship " in section 76 of the serious crime act 2015 has given rise to new sentencing guidelines that take into account significant aggravating factors such as abuse of trust, resulting in potentially longer sentences for acts of battery within the context of domestic violence. = = = = whether it is a statutory offence = = = = in dpp v taylor, dpp v little, it was held that battery is a statutory offence, contrary to section 39 of the criminal justice act 1988. this decision was criticised in haystead v dpp where the divisional court expressed the obiter opinion that battery remains a common law offence. therefore, whilst it may be a better view that battery and assault have statutory penalties, rather than being statutory offences, it is still the case that until review by a higher court, dpp v little is the preferred authority. = = = = mode of trial and sentence = = = = in england and wales, battery is a summary offence under section 39 of the criminal justice act 1988. however, by virtue of section 40, it can be tried on indictment where another indictable offence is also charged which is founded on the same facts or together with which it forms part of a series of offences of similar character. where it is tried on indictment a crown court has no greater powers of sentencing than a magistrates'court would, unless the battery itself constitutes actual bodily harm or greater. it is punishable with imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both. = = = = defences = = = = there are numerous defences to a charge of assault, namely intoxication due to drugs / alcohol - voluntary or involuntary ( does not apply to offences which may be committed recklessly, intentionally or with negligence i. e. assault / battery
battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating reasonable fear or apprehension of such contact. battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person. battery is defined by american common law as " any unlawful and / or unwanted touching of the person of another by the aggressor, or by a substance put in motion by them ". in more severe cases, and for all types in some jurisdictions, it is chiefly defined by statutory wording. assessment of the severity of a battery is determined by local law. = = generally = = specific rules regarding battery vary among different jurisdictions, but some elements remain constant across jurisdictions. battery generally requires that : an offensive touch or contact is made upon the victim, instigated by the actor ; and the actor intends or knows that their action will cause the offensive touching. under the us model penal code and in some jurisdictions, there is battery when the actor acts recklessly without specific intent of causing an offensive contact. battery is typically classified as either simple or aggravated. although battery typically occurs in the context of physical altercations, it may also occur under other circumstances, such as in medical cases where a doctor performs a non - consented medical procedure. = = specific countries = = = = = canada = = = battery is not defined in the canadian criminal code. instead, the code has an offense of assault, and assault causing bodily harm. = = = england and wales = = = battery is a common law offence within england and wales. as with the majority of offences in the uk, it has two elements : actus reus : the defendant unlawfully touched or applied force to the victim mens rea : the defendant intended or was reckless as to the unlawful touch or application of force this offence is a crime against autonomy, with more violent crimes such as abh and gbh being statutory offences under the offences against the person act 1861. as such, even the slightest of touches can amount to an unlawful application of force. however, it is assumed that everyday encounters ( such as making contact with others on public transportation ) are consented to and not punishable. much confusion can come between the terms " assault " and " battery ". in everyday use the term assault may be used to describe a physical attack, which is indeed a battery. an assault is causing someone to apprehend that they will be the victim of a battery. this issue is so
in the us, under circumstances that render such contact substantially certain to occur or with a reckless disregard as to whether such contact will result, or in england and wales, reckless that it might occur ( meaning that the defendant foresaw the risk of that contact and carried on unreasonably to take that risk ). assault, where rooted on english law, the act of intentionally causing a person to apprehend physical contact with their person. elsewhere it is often similarly worded as the threat of violence to a person while aggravated assault is the threat with the clear and present ability and willingness to carry it out. aggravated battery is, typically, offensive touching without a tool or weapon with attempt to harm or restrain. = = see also = = assault ( tort ) assault occasioning actual bodily harm battery ( tort ) the dictionary definition of beat up at wiktionary non - fatal offences against the person in english law right of self - defense = = references = =
a false accusation of rape happens when a person states that they or another person have been raped when no rape has occurred. although there are widely varying estimates of the prevalence of false accusation of rape, according to a 2013 book on forensic victimology, very few reliable scientific studies have been conducted. rates of false accusation are sometimes inflated or misrepresented due to conflation of false with designations such as unfounded. designations such as unfounded allow law enforcement to close cases without arriving at a conclusion and are used to describe cases without enough evidence, as opposed to false cases where the accuser is not credible or eventually admits that the accusation is untrue. = = causes = = causes of false accusations of rape fall into two categories : deliberate deception ( lies ) and non - deliberate deception ( such as false memories, facilitated communication, and " don't know " ). = = = deliberate deception = = = an accuser may have several motivations to falsely claim they have been raped. there is disagreement on how many different categories these may be put into. kanin ( 1994 ) listed three : revenge, producing an alibi, and getting sympathy / attention. newman ( 2017 ) listed four : revenge, producing an alibi, personal gain, and mental illness. according to de zutter et al. ( 2017 ), kanin's list is " valid but insufficient to explain all the different motives of complainants " and presents eight categories of motives : material gain, alibi, revenge, sympathy, attention, disturbed mental state, relabeling, or regret. according to hines and douglas ( 2017 ), 73 % of men who've experienced partner - initiated violence reported that their partner threatened to make false accusations. this is compared to 3 % for men in the general population. = = = non - deliberate deception = = = = = = = false memories = = = = there are several ways in which an alleged victim can accidentally come to believe that they have been raped by the person ( s ) they accuse. these include : recovered - memory therapy : memories of sexual abuse " recovered " during therapy in the absence of any supporting evidence, based on the freudian notion of " repression " the victim's confusion of the memory of the real rapist with the memory of someone else memory conformity : memory can become contaminated when co - witnesses discuss their recollection of events = = = = facilitated communication = = = = facilitated communication ( fc ) is a scientifically discredited technique that attempts to
response to increasing awareness of the problem of domestic violence. aggravated battery generally is seen as a serious offense of felony grade. aggravated battery charges may occur when a battery causes serious bodily injury or permanent disfigurement. as a successor to the common law crime of mayhem, this is sometimes subsumed in the definition of assault. in florida, aggravated battery is the intentional infliction of great bodily harm and is a second - degree felony, whereas battery that unintentionally causes great bodily harm is considered a third - degree felony. = = = = kansas = = = = in the state of kansas, battery is defined as follows : battery. ( a ) battery is : ( 1 ) knowingly or recklessly causing bodily harm to another person ; or ( 2 ) knowingly causing physical contact with another person when done in a rude, insulting, or angry manner. = = = = louisiana = = = = the law on battery in louisiana reads : Β§ 33. battery defined : battery is the intentional use of force or violence upon the person of another ; or the intentional administration of a poison or other noxious liquid or substance to another. = = jurisdictional differences = = in some jurisdictions, battery has recently been constructed to include directing bodily secretions ( i. e., spitting ) at another person without their permission. some of those jurisdictions automatically elevate such a battery to the charge of aggravated battery. in some jurisdictions, the charge of criminal battery also requires evidence of a mental state ( mens rea ). the terminology used to refer to a particular offense can also vary by jurisdiction. some jurisdictions, such as new york, refer to what, under the common - law, would - be battery as assault, and then use another term for the crime that would have been assault, such as menacing. = = distinction between battery and assault = = a typical overt behavior of an assault is person a chasing person b and swinging a fist toward their head. that for battery is a striking b. battery requires : a volitional act ( that is the defendant was acting volunarily ), that results in physical ( or in the us, " harmful or offensive " ) contact with another person, and is committed for the purpose of causing that contact, or, in the us, under circumstances that render such contact substantially certain to occur or with a reckless disregard as to whether such contact will result, or in england and wales, reckless that it might occur ( meaning that the defendant foresaw the risk of that
Answer:
|
Defendant, who had just awakened from a deep sleep, was not fully aware of what was happening and mistakenly thought Victim was attacking him
| 0.3 |
Leader is a labor leader in Metropolis. Ten years ago he was divorced. Both he and his first wife 16 have since married other persons. Recently, News, a newspaper in another city, ran a feature article on improper influences it asserted had been used by labor officials to secure favorable rulings from government officials. The story said that in 1960 Leader's first wife, with Leader's knowledge and concurrence, gave sexual favors to the mayor of Metropolis and then persuaded him to grant concessions to Leader's union, with which Metropolis was then negotiating a labor contract. The story named Leader and identified his first wife by her former and current surnames. The reporter for News believed the story to be true, since it had been related to him by two very reliable sources. Leader's first wife suffered emotional distress and became very depressed. If she asserts a claim based on defamation against News, she will
0. prevail, because the story concerned her personal, private life.
1. prevail if the story was false.
2. not prevail, because News did not print the story with knowledge of its falsity or with reckless disregard for its truth or falsity.
3. not prevail if News exercised ordinary care in determining if the story was true or false
day of the incident, and was immediately dismissed from his position after the police concluded their investigation. afterwards, the male teacher committed suicide. in 2020, the court ruled that if a teacher who was branded a sexual molester because students made exaggerated reports made an extreme choice, it should be recognised as a death in the line of duty. accordingly, the court recognised his death in the line of duty. = = = false accusation of sexual crime in hwaseong city in 2024 = = = in june 2024, in hwaseong city, a woman in her 50s falsely accused a man in his 20s of sexual crime. the police in charge of hwaseong city went to the house of the man in his 20s without a warrant and asked, " did you used a public restroom? " and then interrogated the man by making a one - sided claim that " you are the one who spied on the woman in the women's restroom ". the police officer was criticised for telling the man in his 20s, " if you are innocent, then keep quiet ". afterwards, the woman in her 50s who had reported him went to the police station in charge and confessed that she had made a false accusation. therefore, the police concluded that the man in his 20s was not guilty. the police investigated the woman in her 50s by charging her with false accusation. since this incident became a public issue, the " survival voice recording method " to prevent damage from false accusations of sexual crime has been spreading among men in their 20s. this is because this incident became an issue because the male victim of the false accusation made the recording file public. on 3 july 2024, the hwaseong city police called the man in his 20s, who was a victim of false accusation of sexual crime, to the police station to personally apologise to him, but the man in his 20s said " i was disappointed by the attitude of the police who said they would apologise ". he said he expected the police to say " i'm sorry " as soon as they saw him, but they told him to ask if he had any questions. he asked the police if they had called him to the police station to apologise to him, and the police told him, " we had no choice but to investigate. " = = = another cases = = = a female private tutor was sentenced to 10 years in prison in the first trial in 2018 for raping two male students between 2016 - 2017
, plots and events that have already been constructed elsewhere, by others, in a different context. unlike other forms of stylistics, then, mediated stylistics is interested not in one - off stories, but in the various iterations of a story that are reproduced over time and across various contexts. this contrasts with the extremely insightful, but different, form of stylistics developed by leslie jeffries known as critical stylistics. = = an example = = one recent example is attenborough's article'rape is rape ( except when it's not ) : the media, recontextualisation and violence against women'( 2014 ). this article studies mediated reportage of the charges of rape and sexual molestation made against julian assange, the editor - in - chief of the organisation wikileaks, in late 2010. this event was rich with recontextualising possibilities : during the appeal hearing in which assange's lawyers challenged the warrant for his arrest, transcripts of the witness statements that had led to the warrant being issued were leaked online. media commentators took this opportunity to build their own recontextualised descriptions of what actually happened as the ( apparently ) factual starting points for their own, subsequent evaluations of the ( un ) fairness and / or ( il ) legitimacy of the allegations. an analysis of media reports in which those witness statements were passed - on to the public subsequently reveals the textual practices through which assange's allegedly violent actions were often recontextualised such that their status as violent was readably downgraded, mitigated or even deleted. = = eastern europe = = media stylistics as a research approach is widely known in eastern europe and especially in russia, through the work of a. vasileva, m. kozhina, v. kostomarov, l. maydanova, i. lysakova, k. rogova, g. solganik and others. = = see also = = useful journals language and literature journal of literary semantics discourse & communication media linguistics stylistics = = references = = = = further reading = = ashmore, m. ( 1993 ) the theatre of the blind : starring a promethean prankster, a phoney phenomenon, a prism, a pocket, and a piece of wood. social studies of science, 23 ( 1 ) : 67 β 106 attenborough, f. ( 2014 )'rape is rape ( except when it's not ) : the media, rec
carlyle suggested. herbert spencer ( 1884 ) ( and karl marx ) said that the times produce the person and not the other way around. this theory assumes that different situations call for different characteristics : no single optimal psychographic profile of a leader exists. according to the theory, " what an individual actually does when acting as a leader is in large part dependent upon characteristics of the situation in which he functions. " some theorists synthesized the trait and situational approaches. building upon the research of lewin et al., academics normalized the descriptive models of leadership climates, defining three leadership styles and identifying which situations each style works better in. the authoritarian leadership style, for example, is approved in periods of crisis but fails to win the " hearts and minds " of followers in day - to - day management ; the democratic leadership style is more adequate in situations that require consensus building ; finally, the laissez - faire leadership style is appreciated for the degree of freedom it provides, but as the leaders do not " take charge ", they can be perceived as a failure in protracted or thorny organizational problems. theorists defined the style of leadership as contingent to the situation ; this is sometimes called contingency theory. three contingency leadership theories are the fiedler contingency model, the vroom - yetton decision model, and the path - goal theory. the fiedler contingency model bases the leader's effectiveness on what fred fiedler called situational contingency. this results from the interaction of leadership style and situational favorability ( later called situational control ). the theory defines two types of leader : those who tend to accomplish the task by developing good relationships with the group ( relationship - oriented ), and those who have as their prime concern carrying out the task itself ( task - oriented ). according to fiedler, there is no ideal leader. both task - oriented and relationship - oriented leaders can be effective if their leadership orientation fits the situation. when there is a good leader - member relation, a highly structured task, and high leader position power, the situation is considered a " favorable situation ". fiedler found that task - oriented leaders are more effective in extremely favorable or unfavorable situations, whereas relationship - oriented leaders perform best in situations with intermediate favorability. victor vroom, in collaboration with phillip yetton and later with arthur jago, developed a taxonomy for describing leadership situations. they used this in a normative decision model in which leadership styles were connected to situation
the minneapolis domestic violence experiment ( mdve ) evaluated the effectiveness of various police responses to domestic violence calls in minneapolis, minnesota. this experiment was implemented during 1981 - 82 by lawrence w. sherman, director of research at the police foundation, and by the minneapolis police department with funding support from the national institute of justice. among a pool of domestic violence offenders for whom there was probable cause to make an arrest, the study design called for officers to randomly select one third of the offenders for arrest, one third would be counseled and one third would be separated from their domestic partner. the results of the study, showing a deterrent effect for arrest, had a " virtually unprecedented impact in changing then - current police practices. " subsequently, numerous states and law enforcement agencies enacted policies for mandatory arrest, without warrant, for domestic violence cases in which the responding police officer had probable cause that a crime had occurred. = = background = = domestic violence historically has been viewed as a private family matter that need not involve government or criminal justice intervention. before the early 1970s, police in the united states favored a " hands - off " approach to domestic violence calls, with arrest only used as a last resort. at the time, domestic violence cases were typically classified as misdemeanor assault cases. during the 1970s, many u. s. jurisdictions did not authorize the police to make arrests in any misdemeanor assault, whether it involved a domestic partner or not, unless the assault occurred in the officer's presence. a 1978 court order in new york city mandated that arrests only be made in cases of serious violence, thus officers instead made effort to mediate family disputes. in the early 1970s, clinical psychologists argued that police should make an effort to mediate disputes. statistics on incidence of domestic violence, published in the late 1970s, helped raise public awareness of the problem and increase activism. a study published in 1976 by the police foundation found that the police had intervened at least once in the previous two years in 85 percent of spouse homicides. in the late 1970s and early 1980s, feminists and battered women's advocacy groups were calling on police to take domestic violence more seriously and change intervention strategies. in some instances, these groups took legal action against police departments, including in oakland, california and new york city, to get them to make arrests in domestic violence cases. they claimed that police assigned low priority to domestic disturbance calls. in 1978, the national academy of sciences published a report, deterrence and incapacitation : estimating the effects of criminal
##7801210387749. pmid 21164211. s2cid 31206244. gilmore, leigh ( 2018 - 08 - 04 ). tainted witness : why we doubt what women say about their lives. columbia university press. isbn 9780231177153. lisak, david ; gardinier, lori ; nicksa, sarah c. ; cote, ashley m. ( 2010 ). " false allegations of sexual assualt [ sic ] : an analysis of ten years of reported cases ". violence against women. 16 ( 12 ) : 1318 β 34. doi : 10. 1177 / 1077801210387747. pmid 21164210. s2cid 15377916. miller, t. christian ( 2018 ). a false report : a true story of rape in america. crown publishers. isbn 978 - 1524759933. = = external links = = dr. carol tavris'presentation at tam 2014 who's lying, who's self - justifying? origins of the he said / she said gap in sexual allegations ( online video )
Answer:
|
not prevail if News exercised ordinary care in determining if the story was true or false
| null |
Leader is a labor leader in Metropolis. Ten years ago he was divorced. Both he and his first wife 16 have since married other persons. Recently, News, a newspaper in another city, ran a feature article on improper influences it asserted had been used by labor officials to secure favorable rulings from government officials. The story said that in 1960 Leader's first wife, with Leader's knowledge and concurrence, gave sexual favors to the mayor of Metropolis and then persuaded him to grant concessions to Leader's union, with which Metropolis was then negotiating a labor contract. The story named Leader and identified his first wife by her former and current surnames. The reporter for News believed the story to be true, since it had been related to him by two very reliable sources. Leader's first wife suffered emotional distress and became very depressed. If she asserts a claim based on defamation against News, she will
0. prevail, because the story concerned her personal, private life.
1. prevail if the story was false.
2. not prevail, because News did not print the story with knowledge of its falsity or with reckless disregard for its truth or falsity.
3. not prevail if News exercised ordinary care in determining if the story was true or false
day of the incident, and was immediately dismissed from his position after the police concluded their investigation. afterwards, the male teacher committed suicide. in 2020, the court ruled that if a teacher who was branded a sexual molester because students made exaggerated reports made an extreme choice, it should be recognised as a death in the line of duty. accordingly, the court recognised his death in the line of duty. = = = false accusation of sexual crime in hwaseong city in 2024 = = = in june 2024, in hwaseong city, a woman in her 50s falsely accused a man in his 20s of sexual crime. the police in charge of hwaseong city went to the house of the man in his 20s without a warrant and asked, " did you used a public restroom? " and then interrogated the man by making a one - sided claim that " you are the one who spied on the woman in the women's restroom ". the police officer was criticised for telling the man in his 20s, " if you are innocent, then keep quiet ". afterwards, the woman in her 50s who had reported him went to the police station in charge and confessed that she had made a false accusation. therefore, the police concluded that the man in his 20s was not guilty. the police investigated the woman in her 50s by charging her with false accusation. since this incident became a public issue, the " survival voice recording method " to prevent damage from false accusations of sexual crime has been spreading among men in their 20s. this is because this incident became an issue because the male victim of the false accusation made the recording file public. on 3 july 2024, the hwaseong city police called the man in his 20s, who was a victim of false accusation of sexual crime, to the police station to personally apologise to him, but the man in his 20s said " i was disappointed by the attitude of the police who said they would apologise ". he said he expected the police to say " i'm sorry " as soon as they saw him, but they told him to ask if he had any questions. he asked the police if they had called him to the police station to apologise to him, and the police told him, " we had no choice but to investigate. " = = = another cases = = = a female private tutor was sentenced to 10 years in prison in the first trial in 2018 for raping two male students between 2016 - 2017
, plots and events that have already been constructed elsewhere, by others, in a different context. unlike other forms of stylistics, then, mediated stylistics is interested not in one - off stories, but in the various iterations of a story that are reproduced over time and across various contexts. this contrasts with the extremely insightful, but different, form of stylistics developed by leslie jeffries known as critical stylistics. = = an example = = one recent example is attenborough's article'rape is rape ( except when it's not ) : the media, recontextualisation and violence against women'( 2014 ). this article studies mediated reportage of the charges of rape and sexual molestation made against julian assange, the editor - in - chief of the organisation wikileaks, in late 2010. this event was rich with recontextualising possibilities : during the appeal hearing in which assange's lawyers challenged the warrant for his arrest, transcripts of the witness statements that had led to the warrant being issued were leaked online. media commentators took this opportunity to build their own recontextualised descriptions of what actually happened as the ( apparently ) factual starting points for their own, subsequent evaluations of the ( un ) fairness and / or ( il ) legitimacy of the allegations. an analysis of media reports in which those witness statements were passed - on to the public subsequently reveals the textual practices through which assange's allegedly violent actions were often recontextualised such that their status as violent was readably downgraded, mitigated or even deleted. = = eastern europe = = media stylistics as a research approach is widely known in eastern europe and especially in russia, through the work of a. vasileva, m. kozhina, v. kostomarov, l. maydanova, i. lysakova, k. rogova, g. solganik and others. = = see also = = useful journals language and literature journal of literary semantics discourse & communication media linguistics stylistics = = references = = = = further reading = = ashmore, m. ( 1993 ) the theatre of the blind : starring a promethean prankster, a phoney phenomenon, a prism, a pocket, and a piece of wood. social studies of science, 23 ( 1 ) : 67 β 106 attenborough, f. ( 2014 )'rape is rape ( except when it's not ) : the media, rec
carlyle suggested. herbert spencer ( 1884 ) ( and karl marx ) said that the times produce the person and not the other way around. this theory assumes that different situations call for different characteristics : no single optimal psychographic profile of a leader exists. according to the theory, " what an individual actually does when acting as a leader is in large part dependent upon characteristics of the situation in which he functions. " some theorists synthesized the trait and situational approaches. building upon the research of lewin et al., academics normalized the descriptive models of leadership climates, defining three leadership styles and identifying which situations each style works better in. the authoritarian leadership style, for example, is approved in periods of crisis but fails to win the " hearts and minds " of followers in day - to - day management ; the democratic leadership style is more adequate in situations that require consensus building ; finally, the laissez - faire leadership style is appreciated for the degree of freedom it provides, but as the leaders do not " take charge ", they can be perceived as a failure in protracted or thorny organizational problems. theorists defined the style of leadership as contingent to the situation ; this is sometimes called contingency theory. three contingency leadership theories are the fiedler contingency model, the vroom - yetton decision model, and the path - goal theory. the fiedler contingency model bases the leader's effectiveness on what fred fiedler called situational contingency. this results from the interaction of leadership style and situational favorability ( later called situational control ). the theory defines two types of leader : those who tend to accomplish the task by developing good relationships with the group ( relationship - oriented ), and those who have as their prime concern carrying out the task itself ( task - oriented ). according to fiedler, there is no ideal leader. both task - oriented and relationship - oriented leaders can be effective if their leadership orientation fits the situation. when there is a good leader - member relation, a highly structured task, and high leader position power, the situation is considered a " favorable situation ". fiedler found that task - oriented leaders are more effective in extremely favorable or unfavorable situations, whereas relationship - oriented leaders perform best in situations with intermediate favorability. victor vroom, in collaboration with phillip yetton and later with arthur jago, developed a taxonomy for describing leadership situations. they used this in a normative decision model in which leadership styles were connected to situation
the minneapolis domestic violence experiment ( mdve ) evaluated the effectiveness of various police responses to domestic violence calls in minneapolis, minnesota. this experiment was implemented during 1981 - 82 by lawrence w. sherman, director of research at the police foundation, and by the minneapolis police department with funding support from the national institute of justice. among a pool of domestic violence offenders for whom there was probable cause to make an arrest, the study design called for officers to randomly select one third of the offenders for arrest, one third would be counseled and one third would be separated from their domestic partner. the results of the study, showing a deterrent effect for arrest, had a " virtually unprecedented impact in changing then - current police practices. " subsequently, numerous states and law enforcement agencies enacted policies for mandatory arrest, without warrant, for domestic violence cases in which the responding police officer had probable cause that a crime had occurred. = = background = = domestic violence historically has been viewed as a private family matter that need not involve government or criminal justice intervention. before the early 1970s, police in the united states favored a " hands - off " approach to domestic violence calls, with arrest only used as a last resort. at the time, domestic violence cases were typically classified as misdemeanor assault cases. during the 1970s, many u. s. jurisdictions did not authorize the police to make arrests in any misdemeanor assault, whether it involved a domestic partner or not, unless the assault occurred in the officer's presence. a 1978 court order in new york city mandated that arrests only be made in cases of serious violence, thus officers instead made effort to mediate family disputes. in the early 1970s, clinical psychologists argued that police should make an effort to mediate disputes. statistics on incidence of domestic violence, published in the late 1970s, helped raise public awareness of the problem and increase activism. a study published in 1976 by the police foundation found that the police had intervened at least once in the previous two years in 85 percent of spouse homicides. in the late 1970s and early 1980s, feminists and battered women's advocacy groups were calling on police to take domestic violence more seriously and change intervention strategies. in some instances, these groups took legal action against police departments, including in oakland, california and new york city, to get them to make arrests in domestic violence cases. they claimed that police assigned low priority to domestic disturbance calls. in 1978, the national academy of sciences published a report, deterrence and incapacitation : estimating the effects of criminal
##7801210387749. pmid 21164211. s2cid 31206244. gilmore, leigh ( 2018 - 08 - 04 ). tainted witness : why we doubt what women say about their lives. columbia university press. isbn 9780231177153. lisak, david ; gardinier, lori ; nicksa, sarah c. ; cote, ashley m. ( 2010 ). " false allegations of sexual assualt [ sic ] : an analysis of ten years of reported cases ". violence against women. 16 ( 12 ) : 1318 β 34. doi : 10. 1177 / 1077801210387747. pmid 21164210. s2cid 15377916. miller, t. christian ( 2018 ). a false report : a true story of rape in america. crown publishers. isbn 978 - 1524759933. = = external links = = dr. carol tavris'presentation at tam 2014 who's lying, who's self - justifying? origins of the he said / she said gap in sexual allegations ( online video )
Answer:
|
not prevail, because News did not print the story with knowledge of its falsity or with reckless disregard for its truth or falsity.
| 0.3 |
In 1976, Utility constructed a new plant for the generation of electricity. The plant burns lignite, a low-grade fuel which is available in large quantities. Although the plant was constructed in accordance with the best practicable technology, the plant emits a substantial quantity of invisible fumes. The only way Utility can reduce the fumes is by the use of scrubbing equipment that would cost $50,000,000 to install and would increase the retail price of generated electricity by 50 percent while reducing the volume of fumes by only 20 percent. Because of the expense of such equipment and its relative ineffectiveness, no other generating plants burning lignite use such equipment. The plant is located in a sparsely settled rural area, remote from the large city served by Utility. Farmer owned a farm adjacent to the plant. He had farmed the land for 40 years and had lived on the premises. The prevailing winds carry fumes from the new plant over Farmer's land. His 1976 crop was less than half the average size of this crop over the five years immediately preceding the construction of the plant. It can be established that the fumes caused the crop reduction. Farmer's hay fever, from which he had long suffered, became worse in 1976. Physicians advised him that the lignite fumes were affecting it and that serious lung disease would soon result unless he moved away from the plant. He did so, selling his farm at its reasonable market value, which was then $10,000 less than before the construction of the plant."If Farmer asserts a claim based on nuisance against Utility for damages for personal injuries, will Farmer prevail?
0. No, because there is no practicable way for Utility to reduce the fumes.
1. No, because Utility's acts constituted a public nuisance.
2. Yes, because Farmer's personal injuries were within the scope of the liability imposed on Utility.
3. Yes, because the generation of electricity is an ultrahazardous activit
. initially coal and peat were gasified to produce town gas for lighting and cooking, with the first public street lighting installed in pall mall, london on january 28, 1807, spreading shortly to supply commercial gas lighting to most industrialized cities until the end of the 19th century when it was replaced with electrical lighting. gasification and syngas continued to be used in blast furnaces and more significantly in the production of synthetic chemicals where it has been in use since the 1920s. the thousands of sites left toxic residue. some sites have been remediated, while others are still polluted. during both world wars, especially the world war ii, the need for fuel produced by gasification reemerged due to the shortage of petroleum. wood gas generators, called gasogene or gazogene, were used to power motor vehicles in europe. by 1945 there were trucks, buses and agricultural machines that were powered by gasification. it is estimated that there were close to 9, 000, 000 vehicles running on producer gas all over the world. another example, the xe than ( literally, " coal car " in vietnamese ) was a minibus that has been converted to run on coal instead of gasoline. this modification regained popularity in vietnam during the subsidy period, when gasoline was in short supply. xe than became much less common during the Δoi moi period, when gasoline became widely accessible again. = = chemical reactions = = in a gasifier, the carbonaceous material undergoes several different processes : the dehydration or drying process occurs at around 100 Β°c. typically the resulting steam is mixed into the gas flow and may be involved with subsequent chemical reactions, notably the water - gas reaction if the temperature is sufficiently high ( see step # 5 ). the pyrolysis ( or devolatilization ) process occurs at around 200 β 300 Β°c. volatiles are released and char is produced, resulting in up to 70 % weight loss for coal. the process is dependent on the properties of the carbonaceous material and determines the structure and composition of the char, which will then undergo gasification reactions. the combustion process occurs as the volatile products and some of the char react with oxygen to primarily form carbon dioxide and small amounts of carbon monoxide, which provides heat for the subsequent gasification reactions. letting c represent a carbon - containing organic compound, the basic reaction here is c + o2 β co2. the gasification process occurs as the char reacts with steam and carbon dioxide to produce carbon monoxide and hydrogen, via the reactions
controlling capital and material requirements = = = in the us, where the midrex process was first developed, direct reduction was seen in the 1960s as a way of breathing new life into electric steelmaking. the techno - economic model of the mini - mill, based on flexibility and reduced plant size, was threatened by a shortage of scrap metal, and a consequent rise in its price. with the same shortage affecting metallurgical coke, a return to the blast furnace route did not seem an attractive solution. direct reduction is theoretically well - suited to the use of ores that are less compatible with blast furnaces ( such as fine ores that clog furnaces ), which are less expensive. it also requires less capital, making it a viable alternative to the two tried - and - tested methods of electric furnaces and blast furnaces. the comparative table shows that the diversity of processes is also justified by the need for quality materials. the coking plant that feeds a battery of blast furnaces is just as expensive as the blast furnace and requires a specific quality of coal. conversely, many direct - reduction processes are disadvantaged by the costly transformation of ore into pellets : these cost on average 70 % more than raw ore. finally, gas requirements can significantly increase investment costs : gas produced by a corex is remarkably well - suited to feeding a midrex unit, but the attraction of the low investment then fades. = = = the benefits of direct fuel reduction = = = although gas handling and processing are far more economical than converting coal into coke ( not to mention the associated constraints, such as bulk handling, high sensitivity of coking plants to production fluctuations, environmental impact, etc. ), replacing coke with natural gas only makes direct reduction attractive to steelmakers with cheap gas resources. this point is essential, as european steelmakers pointed out in 1998 : " there's no secret : to be competitive, direct reduction requires natural gas at $ 2 per gigajoule, half the european price. " - l'usine nouvelle, september 1998, la reduction directe passe au charbon. this explains the development of certain reduction - melting processes which, because of the high temperatures involved, have a surplus of reducing gas. reduction - melting processes such as the corex, capable of feeding an ancillary midrex direct reduction unit, or the tecnored, are justified by their ability to produce co - rich gas despite their higher investment cost. in addition, coke oven gas is an essential co
for the case of reducing the negative effects of energy poverty on public health is the distribution and improvement to clean, efficient cook stoves among disadvantaged communities that suffer from the effects of lack of access to energy services. proposed as an alternative for the improvement of public health and welfare, the distribution of cooking stoves could be a more inexpensive and immediate approach to decreasing mortality rates within the sector of energy poverty. distributing cleaner liquified petroleum gas ( lpg ) or electric stoves among developing countries would prevent the inadequate cooking and dangerous exposure to traditional biomass fuel. although this change to cleaner, and convenient to use appliances can be practical, there is still great emphasis within the movement to eliminate energy poverty through substantial policy change. = = = development = = = " energy provides services to meet many basic human needs, particularly heat, motive power ( e. g. water pumps and transport ) and light. business, industry, commerce and public services such as modern healthcare, education and communication are highly dependent on access to energy services. indeed, there is a direct relationship between the absence of adequate energy services and many poverty indicators such as infant mortality, illiteracy, life expectancy and total fertility rate. inadequate access to energy also exacerbates rapid urbanization in developing countries, by driving people to seek better living conditions. increasing energy consumption has long been tied directly to economic growth and improvement in human welfare. however it is unclear whether increasing energy consumption is a necessary precondition for economic growth, or vice versa. although developed countries are now beginning to decouple their energy consumption from economic growth ( through structural changes and increases in energy efficiency ), there remains a strong direct relationship between energy consumption and economic development in developing countries. " = = = climate change = = = in 2018, 70 % of greenhouse gas emissions were a result of energy production and use. historically, 5 % of countries account for 67. 74 % of total emissions and 50 % of the lowest - emitting countries produce only 0. 74 % of total historic greenhouse gas emissions. thus, the distribution, production, and consumption of energy services are highly unequal and reflect the greater systemic barriers that prevent people from accessing and using energy services. additionally, there is a greater emphasis on developing countries to invest in renewable sources of energy rather than following the energy development patterns of developed nations. the effects of global warming, as a result of climate change, vary in their correlation to energy poverty. in countries with cold climates where energy poverty is primarily due to the lack of access to proper heating
derivatives, have been mitigated in phytoremediation projects worldwide. many plants such as mustard plants, alpine pennycress, hemp, and pigweed have proven to be successful at hyperaccumulating contaminants at toxic waste sites. not all plants are able to accumulate heavy metals or organics pollutants due to differences in the physiology of the plant. even cultivars within the same species have varying abilities to accumulate pollutants. = = advantages and limitations = = = = = advantages = = = the cost of the phytoremediation is lower than that of traditional processes both in situ and ex situ the possibility of the recovery and re - use of valuable metals ( by companies specializing in " phytomining " ) it preserves the topsoil, maintaining the fertility of the soil increase soil health, yield, and plant phytochemicals the use of plants also reduces erosion and metal leaching in the soil noise, smell and visual disruption are usually less than with alternative methods. the de : galmeivegetation of hyperaccumulator plants is even protected by environmental legislation in many areas where it occurs. = = = limitations = = = phytoremediation is limited to the surface area and depth occupied by the roots. with plant - based systems of remediation, it is not possible to completely prevent the leaching of contaminants into the groundwater ( without the complete removal of the contaminated ground, which in itself does not resolve the problem of contamination ) the survival of the plants is affected by the toxicity of the contaminated land and the general condition of the soil bio - accumulation of contaminants, especially metals, into the plants can affect consumer products like food and cosmetics, and requires the safe disposal of the affected plant material when taking up heavy metals, sometimes the metal is bound to the soil organic matter, which makes it unavailable for the plant to extract some plants are too hard to cultivate or too slow growing to make them viable for phytoremediation despite their status as hyperacumulators. genetic engineering may improve desirable properties in target species but is controversial in some countries. = = processes = = a range of processes mediated by plants or algae are tested in treating environmental problems. : = = = phytoextraction = = = phytoextraction ( or phytoaccumulation or phytosequestration ) exploits the ability of plants or algae to remove contaminants from soil or water into harvestable
poor design and installation ( gaps between the log and the soil surface or not on contour with a slope to one end ) can lead to increased erosion due to the concentration of the runoff in lowest end of the barrier. despite these recent insights, log barriers are still extensively applied in mediterranean countries such as spain. mulching : covering the soil surface with a material that provides protection against raindrop impact, retains water, and reduce runoff velocity. the material most commonly used is agricultural straw, whose application reached in the 2000s 18 % of the burned areas treated in the usa. this extensive use is due to its high effectiveness but also the development of its aerial application that reduced the application costs and made it viable in inaccessible areas. an alternative to straw mulching is the wood - based mulch using wood chips, wood shreds, and wood strand but also pine needles and forest residues. although marginally used before the 2010s, wood - based mulching is becoming popular since it prevents side - effects of agricultural straw such as the introduction of non - native species and invasive weeds, its longer longevity, and stability to wind. additionally, wood - based mulches can be produced locally from burned or green trees, reducing transport costs. chemical treatments : tackifiers, fertilizers, and flocculants are used as stand - alone emergency treatments or in combination with other treatment to provide increased soil stability to reduce runoff and erosion. anionic polyacrylamide ( pam ), a synthetic petroleum by - product, is a flocculant that is applied as pellets or in solution to the soil surface in fire - affected areas. pam binds soil particles, increase soil stability and infiltration, and reduce soil erosion. however, studies on their effectiveness in fire - affected areas are inconclusive or show no significant effect on runoff and erosion combined treatments : seeding has been frequently combined with fertilizers to increase the viability of the seedlings. seeds have been coated with surfactant to reduce fire - induced soil water repellency and increase water availability. organic fibres ( wood shreds, paper, cotton and flax ) have been mixed with seeds, fertilizers and tackifiers to produce hydromulches. although combined treatments can have higher effectiveness, the associated increase in production or transport costs can make their application less cost - effective and only viable to provide additional protection to critical values - at - risk. = = references = =
Answer:
|
Yes, because Farmer's personal injuries were within the scope of the liability imposed on Utility.
| null |
In 1976, Utility constructed a new plant for the generation of electricity. The plant burns lignite, a low-grade fuel which is available in large quantities. Although the plant was constructed in accordance with the best practicable technology, the plant emits a substantial quantity of invisible fumes. The only way Utility can reduce the fumes is by the use of scrubbing equipment that would cost $50,000,000 to install and would increase the retail price of generated electricity by 50 percent while reducing the volume of fumes by only 20 percent. Because of the expense of such equipment and its relative ineffectiveness, no other generating plants burning lignite use such equipment. The plant is located in a sparsely settled rural area, remote from the large city served by Utility. Farmer owned a farm adjacent to the plant. He had farmed the land for 40 years and had lived on the premises. The prevailing winds carry fumes from the new plant over Farmer's land. His 1976 crop was less than half the average size of this crop over the five years immediately preceding the construction of the plant. It can be established that the fumes caused the crop reduction. Farmer's hay fever, from which he had long suffered, became worse in 1976. Physicians advised him that the lignite fumes were affecting it and that serious lung disease would soon result unless he moved away from the plant. He did so, selling his farm at its reasonable market value, which was then $10,000 less than before the construction of the plant."If Farmer asserts a claim based on nuisance against Utility for damages for personal injuries, will Farmer prevail?
0. No, because there is no practicable way for Utility to reduce the fumes.
1. No, because Utility's acts constituted a public nuisance.
2. Yes, because Farmer's personal injuries were within the scope of the liability imposed on Utility.
3. Yes, because the generation of electricity is an ultrahazardous activit
. initially coal and peat were gasified to produce town gas for lighting and cooking, with the first public street lighting installed in pall mall, london on january 28, 1807, spreading shortly to supply commercial gas lighting to most industrialized cities until the end of the 19th century when it was replaced with electrical lighting. gasification and syngas continued to be used in blast furnaces and more significantly in the production of synthetic chemicals where it has been in use since the 1920s. the thousands of sites left toxic residue. some sites have been remediated, while others are still polluted. during both world wars, especially the world war ii, the need for fuel produced by gasification reemerged due to the shortage of petroleum. wood gas generators, called gasogene or gazogene, were used to power motor vehicles in europe. by 1945 there were trucks, buses and agricultural machines that were powered by gasification. it is estimated that there were close to 9, 000, 000 vehicles running on producer gas all over the world. another example, the xe than ( literally, " coal car " in vietnamese ) was a minibus that has been converted to run on coal instead of gasoline. this modification regained popularity in vietnam during the subsidy period, when gasoline was in short supply. xe than became much less common during the Δoi moi period, when gasoline became widely accessible again. = = chemical reactions = = in a gasifier, the carbonaceous material undergoes several different processes : the dehydration or drying process occurs at around 100 Β°c. typically the resulting steam is mixed into the gas flow and may be involved with subsequent chemical reactions, notably the water - gas reaction if the temperature is sufficiently high ( see step # 5 ). the pyrolysis ( or devolatilization ) process occurs at around 200 β 300 Β°c. volatiles are released and char is produced, resulting in up to 70 % weight loss for coal. the process is dependent on the properties of the carbonaceous material and determines the structure and composition of the char, which will then undergo gasification reactions. the combustion process occurs as the volatile products and some of the char react with oxygen to primarily form carbon dioxide and small amounts of carbon monoxide, which provides heat for the subsequent gasification reactions. letting c represent a carbon - containing organic compound, the basic reaction here is c + o2 β co2. the gasification process occurs as the char reacts with steam and carbon dioxide to produce carbon monoxide and hydrogen, via the reactions
controlling capital and material requirements = = = in the us, where the midrex process was first developed, direct reduction was seen in the 1960s as a way of breathing new life into electric steelmaking. the techno - economic model of the mini - mill, based on flexibility and reduced plant size, was threatened by a shortage of scrap metal, and a consequent rise in its price. with the same shortage affecting metallurgical coke, a return to the blast furnace route did not seem an attractive solution. direct reduction is theoretically well - suited to the use of ores that are less compatible with blast furnaces ( such as fine ores that clog furnaces ), which are less expensive. it also requires less capital, making it a viable alternative to the two tried - and - tested methods of electric furnaces and blast furnaces. the comparative table shows that the diversity of processes is also justified by the need for quality materials. the coking plant that feeds a battery of blast furnaces is just as expensive as the blast furnace and requires a specific quality of coal. conversely, many direct - reduction processes are disadvantaged by the costly transformation of ore into pellets : these cost on average 70 % more than raw ore. finally, gas requirements can significantly increase investment costs : gas produced by a corex is remarkably well - suited to feeding a midrex unit, but the attraction of the low investment then fades. = = = the benefits of direct fuel reduction = = = although gas handling and processing are far more economical than converting coal into coke ( not to mention the associated constraints, such as bulk handling, high sensitivity of coking plants to production fluctuations, environmental impact, etc. ), replacing coke with natural gas only makes direct reduction attractive to steelmakers with cheap gas resources. this point is essential, as european steelmakers pointed out in 1998 : " there's no secret : to be competitive, direct reduction requires natural gas at $ 2 per gigajoule, half the european price. " - l'usine nouvelle, september 1998, la reduction directe passe au charbon. this explains the development of certain reduction - melting processes which, because of the high temperatures involved, have a surplus of reducing gas. reduction - melting processes such as the corex, capable of feeding an ancillary midrex direct reduction unit, or the tecnored, are justified by their ability to produce co - rich gas despite their higher investment cost. in addition, coke oven gas is an essential co
for the case of reducing the negative effects of energy poverty on public health is the distribution and improvement to clean, efficient cook stoves among disadvantaged communities that suffer from the effects of lack of access to energy services. proposed as an alternative for the improvement of public health and welfare, the distribution of cooking stoves could be a more inexpensive and immediate approach to decreasing mortality rates within the sector of energy poverty. distributing cleaner liquified petroleum gas ( lpg ) or electric stoves among developing countries would prevent the inadequate cooking and dangerous exposure to traditional biomass fuel. although this change to cleaner, and convenient to use appliances can be practical, there is still great emphasis within the movement to eliminate energy poverty through substantial policy change. = = = development = = = " energy provides services to meet many basic human needs, particularly heat, motive power ( e. g. water pumps and transport ) and light. business, industry, commerce and public services such as modern healthcare, education and communication are highly dependent on access to energy services. indeed, there is a direct relationship between the absence of adequate energy services and many poverty indicators such as infant mortality, illiteracy, life expectancy and total fertility rate. inadequate access to energy also exacerbates rapid urbanization in developing countries, by driving people to seek better living conditions. increasing energy consumption has long been tied directly to economic growth and improvement in human welfare. however it is unclear whether increasing energy consumption is a necessary precondition for economic growth, or vice versa. although developed countries are now beginning to decouple their energy consumption from economic growth ( through structural changes and increases in energy efficiency ), there remains a strong direct relationship between energy consumption and economic development in developing countries. " = = = climate change = = = in 2018, 70 % of greenhouse gas emissions were a result of energy production and use. historically, 5 % of countries account for 67. 74 % of total emissions and 50 % of the lowest - emitting countries produce only 0. 74 % of total historic greenhouse gas emissions. thus, the distribution, production, and consumption of energy services are highly unequal and reflect the greater systemic barriers that prevent people from accessing and using energy services. additionally, there is a greater emphasis on developing countries to invest in renewable sources of energy rather than following the energy development patterns of developed nations. the effects of global warming, as a result of climate change, vary in their correlation to energy poverty. in countries with cold climates where energy poverty is primarily due to the lack of access to proper heating
derivatives, have been mitigated in phytoremediation projects worldwide. many plants such as mustard plants, alpine pennycress, hemp, and pigweed have proven to be successful at hyperaccumulating contaminants at toxic waste sites. not all plants are able to accumulate heavy metals or organics pollutants due to differences in the physiology of the plant. even cultivars within the same species have varying abilities to accumulate pollutants. = = advantages and limitations = = = = = advantages = = = the cost of the phytoremediation is lower than that of traditional processes both in situ and ex situ the possibility of the recovery and re - use of valuable metals ( by companies specializing in " phytomining " ) it preserves the topsoil, maintaining the fertility of the soil increase soil health, yield, and plant phytochemicals the use of plants also reduces erosion and metal leaching in the soil noise, smell and visual disruption are usually less than with alternative methods. the de : galmeivegetation of hyperaccumulator plants is even protected by environmental legislation in many areas where it occurs. = = = limitations = = = phytoremediation is limited to the surface area and depth occupied by the roots. with plant - based systems of remediation, it is not possible to completely prevent the leaching of contaminants into the groundwater ( without the complete removal of the contaminated ground, which in itself does not resolve the problem of contamination ) the survival of the plants is affected by the toxicity of the contaminated land and the general condition of the soil bio - accumulation of contaminants, especially metals, into the plants can affect consumer products like food and cosmetics, and requires the safe disposal of the affected plant material when taking up heavy metals, sometimes the metal is bound to the soil organic matter, which makes it unavailable for the plant to extract some plants are too hard to cultivate or too slow growing to make them viable for phytoremediation despite their status as hyperacumulators. genetic engineering may improve desirable properties in target species but is controversial in some countries. = = processes = = a range of processes mediated by plants or algae are tested in treating environmental problems. : = = = phytoextraction = = = phytoextraction ( or phytoaccumulation or phytosequestration ) exploits the ability of plants or algae to remove contaminants from soil or water into harvestable
poor design and installation ( gaps between the log and the soil surface or not on contour with a slope to one end ) can lead to increased erosion due to the concentration of the runoff in lowest end of the barrier. despite these recent insights, log barriers are still extensively applied in mediterranean countries such as spain. mulching : covering the soil surface with a material that provides protection against raindrop impact, retains water, and reduce runoff velocity. the material most commonly used is agricultural straw, whose application reached in the 2000s 18 % of the burned areas treated in the usa. this extensive use is due to its high effectiveness but also the development of its aerial application that reduced the application costs and made it viable in inaccessible areas. an alternative to straw mulching is the wood - based mulch using wood chips, wood shreds, and wood strand but also pine needles and forest residues. although marginally used before the 2010s, wood - based mulching is becoming popular since it prevents side - effects of agricultural straw such as the introduction of non - native species and invasive weeds, its longer longevity, and stability to wind. additionally, wood - based mulches can be produced locally from burned or green trees, reducing transport costs. chemical treatments : tackifiers, fertilizers, and flocculants are used as stand - alone emergency treatments or in combination with other treatment to provide increased soil stability to reduce runoff and erosion. anionic polyacrylamide ( pam ), a synthetic petroleum by - product, is a flocculant that is applied as pellets or in solution to the soil surface in fire - affected areas. pam binds soil particles, increase soil stability and infiltration, and reduce soil erosion. however, studies on their effectiveness in fire - affected areas are inconclusive or show no significant effect on runoff and erosion combined treatments : seeding has been frequently combined with fertilizers to increase the viability of the seedlings. seeds have been coated with surfactant to reduce fire - induced soil water repellency and increase water availability. organic fibres ( wood shreds, paper, cotton and flax ) have been mixed with seeds, fertilizers and tackifiers to produce hydromulches. although combined treatments can have higher effectiveness, the associated increase in production or transport costs can make their application less cost - effective and only viable to provide additional protection to critical values - at - risk. = = references = =
Answer:
|
No, because Utility's acts constituted a public nuisance.
| 0.3 |
In 1976, Utility constructed a new plant for the generation of electricity. The plant burns lignite, a low-grade fuel which is available in large quantities. Although the plant was constructed in accordance with the best practicable technology, the plant emits a substantial quantity of invisible fumes. The only way Utility can reduce the fumes is by the use of scrubbing equipment that would cost $50,000,000 to install and would increase the retail price of generated electricity by 50 percent while reducing the volume of fumes by only 20 percent. Because of the expense of such equipment and its relative ineffectiveness, no other generating plants burning lignite use such equipment. The plant is located in a sparsely settled rural area, remote from the large city served by Utility. Farmer owned a farm adjacent to the plant. He had farmed the land for 40 years and had lived on the premises. The prevailing winds carry fumes from the new plant over Farmer's land. His 1976 crop was less than half the average size of this crop over the five years immediately preceding the construction of the plant. It can be established that the fumes caused the crop reduction. Farmer's hay fever, from which he had long suffered, became worse in 1976. Physicians advised him that the lignite fumes were affecting it and that serious lung disease would soon result unless he moved away from the plant. He did so, selling his farm at its reasonable market value, which was then $10,000 less than before the construction of the plant."If Farmer asserts a claim based on negligence against Utility for crop damages, will Farmer prevail?
0. No, because Utility was not negligent.
1. No as to 1976 crop damage, because Farmer did not mitigate damages by selling his farm in 1975.
2. Yes as to 20 percent of his crop damage, because use of available equipment would have reduced the fumes by 20 percent.
3. Yes, because operation of the plant constitutes a nuisance
. initially coal and peat were gasified to produce town gas for lighting and cooking, with the first public street lighting installed in pall mall, london on january 28, 1807, spreading shortly to supply commercial gas lighting to most industrialized cities until the end of the 19th century when it was replaced with electrical lighting. gasification and syngas continued to be used in blast furnaces and more significantly in the production of synthetic chemicals where it has been in use since the 1920s. the thousands of sites left toxic residue. some sites have been remediated, while others are still polluted. during both world wars, especially the world war ii, the need for fuel produced by gasification reemerged due to the shortage of petroleum. wood gas generators, called gasogene or gazogene, were used to power motor vehicles in europe. by 1945 there were trucks, buses and agricultural machines that were powered by gasification. it is estimated that there were close to 9, 000, 000 vehicles running on producer gas all over the world. another example, the xe than ( literally, " coal car " in vietnamese ) was a minibus that has been converted to run on coal instead of gasoline. this modification regained popularity in vietnam during the subsidy period, when gasoline was in short supply. xe than became much less common during the Δoi moi period, when gasoline became widely accessible again. = = chemical reactions = = in a gasifier, the carbonaceous material undergoes several different processes : the dehydration or drying process occurs at around 100 Β°c. typically the resulting steam is mixed into the gas flow and may be involved with subsequent chemical reactions, notably the water - gas reaction if the temperature is sufficiently high ( see step # 5 ). the pyrolysis ( or devolatilization ) process occurs at around 200 β 300 Β°c. volatiles are released and char is produced, resulting in up to 70 % weight loss for coal. the process is dependent on the properties of the carbonaceous material and determines the structure and composition of the char, which will then undergo gasification reactions. the combustion process occurs as the volatile products and some of the char react with oxygen to primarily form carbon dioxide and small amounts of carbon monoxide, which provides heat for the subsequent gasification reactions. letting c represent a carbon - containing organic compound, the basic reaction here is c + o2 β co2. the gasification process occurs as the char reacts with steam and carbon dioxide to produce carbon monoxide and hydrogen, via the reactions
controlling capital and material requirements = = = in the us, where the midrex process was first developed, direct reduction was seen in the 1960s as a way of breathing new life into electric steelmaking. the techno - economic model of the mini - mill, based on flexibility and reduced plant size, was threatened by a shortage of scrap metal, and a consequent rise in its price. with the same shortage affecting metallurgical coke, a return to the blast furnace route did not seem an attractive solution. direct reduction is theoretically well - suited to the use of ores that are less compatible with blast furnaces ( such as fine ores that clog furnaces ), which are less expensive. it also requires less capital, making it a viable alternative to the two tried - and - tested methods of electric furnaces and blast furnaces. the comparative table shows that the diversity of processes is also justified by the need for quality materials. the coking plant that feeds a battery of blast furnaces is just as expensive as the blast furnace and requires a specific quality of coal. conversely, many direct - reduction processes are disadvantaged by the costly transformation of ore into pellets : these cost on average 70 % more than raw ore. finally, gas requirements can significantly increase investment costs : gas produced by a corex is remarkably well - suited to feeding a midrex unit, but the attraction of the low investment then fades. = = = the benefits of direct fuel reduction = = = although gas handling and processing are far more economical than converting coal into coke ( not to mention the associated constraints, such as bulk handling, high sensitivity of coking plants to production fluctuations, environmental impact, etc. ), replacing coke with natural gas only makes direct reduction attractive to steelmakers with cheap gas resources. this point is essential, as european steelmakers pointed out in 1998 : " there's no secret : to be competitive, direct reduction requires natural gas at $ 2 per gigajoule, half the european price. " - l'usine nouvelle, september 1998, la reduction directe passe au charbon. this explains the development of certain reduction - melting processes which, because of the high temperatures involved, have a surplus of reducing gas. reduction - melting processes such as the corex, capable of feeding an ancillary midrex direct reduction unit, or the tecnored, are justified by their ability to produce co - rich gas despite their higher investment cost. in addition, coke oven gas is an essential co
for the case of reducing the negative effects of energy poverty on public health is the distribution and improvement to clean, efficient cook stoves among disadvantaged communities that suffer from the effects of lack of access to energy services. proposed as an alternative for the improvement of public health and welfare, the distribution of cooking stoves could be a more inexpensive and immediate approach to decreasing mortality rates within the sector of energy poverty. distributing cleaner liquified petroleum gas ( lpg ) or electric stoves among developing countries would prevent the inadequate cooking and dangerous exposure to traditional biomass fuel. although this change to cleaner, and convenient to use appliances can be practical, there is still great emphasis within the movement to eliminate energy poverty through substantial policy change. = = = development = = = " energy provides services to meet many basic human needs, particularly heat, motive power ( e. g. water pumps and transport ) and light. business, industry, commerce and public services such as modern healthcare, education and communication are highly dependent on access to energy services. indeed, there is a direct relationship between the absence of adequate energy services and many poverty indicators such as infant mortality, illiteracy, life expectancy and total fertility rate. inadequate access to energy also exacerbates rapid urbanization in developing countries, by driving people to seek better living conditions. increasing energy consumption has long been tied directly to economic growth and improvement in human welfare. however it is unclear whether increasing energy consumption is a necessary precondition for economic growth, or vice versa. although developed countries are now beginning to decouple their energy consumption from economic growth ( through structural changes and increases in energy efficiency ), there remains a strong direct relationship between energy consumption and economic development in developing countries. " = = = climate change = = = in 2018, 70 % of greenhouse gas emissions were a result of energy production and use. historically, 5 % of countries account for 67. 74 % of total emissions and 50 % of the lowest - emitting countries produce only 0. 74 % of total historic greenhouse gas emissions. thus, the distribution, production, and consumption of energy services are highly unequal and reflect the greater systemic barriers that prevent people from accessing and using energy services. additionally, there is a greater emphasis on developing countries to invest in renewable sources of energy rather than following the energy development patterns of developed nations. the effects of global warming, as a result of climate change, vary in their correlation to energy poverty. in countries with cold climates where energy poverty is primarily due to the lack of access to proper heating
derivatives, have been mitigated in phytoremediation projects worldwide. many plants such as mustard plants, alpine pennycress, hemp, and pigweed have proven to be successful at hyperaccumulating contaminants at toxic waste sites. not all plants are able to accumulate heavy metals or organics pollutants due to differences in the physiology of the plant. even cultivars within the same species have varying abilities to accumulate pollutants. = = advantages and limitations = = = = = advantages = = = the cost of the phytoremediation is lower than that of traditional processes both in situ and ex situ the possibility of the recovery and re - use of valuable metals ( by companies specializing in " phytomining " ) it preserves the topsoil, maintaining the fertility of the soil increase soil health, yield, and plant phytochemicals the use of plants also reduces erosion and metal leaching in the soil noise, smell and visual disruption are usually less than with alternative methods. the de : galmeivegetation of hyperaccumulator plants is even protected by environmental legislation in many areas where it occurs. = = = limitations = = = phytoremediation is limited to the surface area and depth occupied by the roots. with plant - based systems of remediation, it is not possible to completely prevent the leaching of contaminants into the groundwater ( without the complete removal of the contaminated ground, which in itself does not resolve the problem of contamination ) the survival of the plants is affected by the toxicity of the contaminated land and the general condition of the soil bio - accumulation of contaminants, especially metals, into the plants can affect consumer products like food and cosmetics, and requires the safe disposal of the affected plant material when taking up heavy metals, sometimes the metal is bound to the soil organic matter, which makes it unavailable for the plant to extract some plants are too hard to cultivate or too slow growing to make them viable for phytoremediation despite their status as hyperacumulators. genetic engineering may improve desirable properties in target species but is controversial in some countries. = = processes = = a range of processes mediated by plants or algae are tested in treating environmental problems. : = = = phytoextraction = = = phytoextraction ( or phytoaccumulation or phytosequestration ) exploits the ability of plants or algae to remove contaminants from soil or water into harvestable
poor design and installation ( gaps between the log and the soil surface or not on contour with a slope to one end ) can lead to increased erosion due to the concentration of the runoff in lowest end of the barrier. despite these recent insights, log barriers are still extensively applied in mediterranean countries such as spain. mulching : covering the soil surface with a material that provides protection against raindrop impact, retains water, and reduce runoff velocity. the material most commonly used is agricultural straw, whose application reached in the 2000s 18 % of the burned areas treated in the usa. this extensive use is due to its high effectiveness but also the development of its aerial application that reduced the application costs and made it viable in inaccessible areas. an alternative to straw mulching is the wood - based mulch using wood chips, wood shreds, and wood strand but also pine needles and forest residues. although marginally used before the 2010s, wood - based mulching is becoming popular since it prevents side - effects of agricultural straw such as the introduction of non - native species and invasive weeds, its longer longevity, and stability to wind. additionally, wood - based mulches can be produced locally from burned or green trees, reducing transport costs. chemical treatments : tackifiers, fertilizers, and flocculants are used as stand - alone emergency treatments or in combination with other treatment to provide increased soil stability to reduce runoff and erosion. anionic polyacrylamide ( pam ), a synthetic petroleum by - product, is a flocculant that is applied as pellets or in solution to the soil surface in fire - affected areas. pam binds soil particles, increase soil stability and infiltration, and reduce soil erosion. however, studies on their effectiveness in fire - affected areas are inconclusive or show no significant effect on runoff and erosion combined treatments : seeding has been frequently combined with fertilizers to increase the viability of the seedlings. seeds have been coated with surfactant to reduce fire - induced soil water repellency and increase water availability. organic fibres ( wood shreds, paper, cotton and flax ) have been mixed with seeds, fertilizers and tackifiers to produce hydromulches. although combined treatments can have higher effectiveness, the associated increase in production or transport costs can make their application less cost - effective and only viable to provide additional protection to critical values - at - risk. = = references = =
Answer:
|
No, because Utility was not negligent.
| null |
In 1976, Utility constructed a new plant for the generation of electricity. The plant burns lignite, a low-grade fuel which is available in large quantities. Although the plant was constructed in accordance with the best practicable technology, the plant emits a substantial quantity of invisible fumes. The only way Utility can reduce the fumes is by the use of scrubbing equipment that would cost $50,000,000 to install and would increase the retail price of generated electricity by 50 percent while reducing the volume of fumes by only 20 percent. Because of the expense of such equipment and its relative ineffectiveness, no other generating plants burning lignite use such equipment. The plant is located in a sparsely settled rural area, remote from the large city served by Utility. Farmer owned a farm adjacent to the plant. He had farmed the land for 40 years and had lived on the premises. The prevailing winds carry fumes from the new plant over Farmer's land. His 1976 crop was less than half the average size of this crop over the five years immediately preceding the construction of the plant. It can be established that the fumes caused the crop reduction. Farmer's hay fever, from which he had long suffered, became worse in 1976. Physicians advised him that the lignite fumes were affecting it and that serious lung disease would soon result unless he moved away from the plant. He did so, selling his farm at its reasonable market value, which was then $10,000 less than before the construction of the plant."If Farmer asserts a claim based on negligence against Utility for crop damages, will Farmer prevail?
0. No, because Utility was not negligent.
1. No as to 1976 crop damage, because Farmer did not mitigate damages by selling his farm in 1975.
2. Yes as to 20 percent of his crop damage, because use of available equipment would have reduced the fumes by 20 percent.
3. Yes, because operation of the plant constitutes a nuisance
. initially coal and peat were gasified to produce town gas for lighting and cooking, with the first public street lighting installed in pall mall, london on january 28, 1807, spreading shortly to supply commercial gas lighting to most industrialized cities until the end of the 19th century when it was replaced with electrical lighting. gasification and syngas continued to be used in blast furnaces and more significantly in the production of synthetic chemicals where it has been in use since the 1920s. the thousands of sites left toxic residue. some sites have been remediated, while others are still polluted. during both world wars, especially the world war ii, the need for fuel produced by gasification reemerged due to the shortage of petroleum. wood gas generators, called gasogene or gazogene, were used to power motor vehicles in europe. by 1945 there were trucks, buses and agricultural machines that were powered by gasification. it is estimated that there were close to 9, 000, 000 vehicles running on producer gas all over the world. another example, the xe than ( literally, " coal car " in vietnamese ) was a minibus that has been converted to run on coal instead of gasoline. this modification regained popularity in vietnam during the subsidy period, when gasoline was in short supply. xe than became much less common during the Δoi moi period, when gasoline became widely accessible again. = = chemical reactions = = in a gasifier, the carbonaceous material undergoes several different processes : the dehydration or drying process occurs at around 100 Β°c. typically the resulting steam is mixed into the gas flow and may be involved with subsequent chemical reactions, notably the water - gas reaction if the temperature is sufficiently high ( see step # 5 ). the pyrolysis ( or devolatilization ) process occurs at around 200 β 300 Β°c. volatiles are released and char is produced, resulting in up to 70 % weight loss for coal. the process is dependent on the properties of the carbonaceous material and determines the structure and composition of the char, which will then undergo gasification reactions. the combustion process occurs as the volatile products and some of the char react with oxygen to primarily form carbon dioxide and small amounts of carbon monoxide, which provides heat for the subsequent gasification reactions. letting c represent a carbon - containing organic compound, the basic reaction here is c + o2 β co2. the gasification process occurs as the char reacts with steam and carbon dioxide to produce carbon monoxide and hydrogen, via the reactions
controlling capital and material requirements = = = in the us, where the midrex process was first developed, direct reduction was seen in the 1960s as a way of breathing new life into electric steelmaking. the techno - economic model of the mini - mill, based on flexibility and reduced plant size, was threatened by a shortage of scrap metal, and a consequent rise in its price. with the same shortage affecting metallurgical coke, a return to the blast furnace route did not seem an attractive solution. direct reduction is theoretically well - suited to the use of ores that are less compatible with blast furnaces ( such as fine ores that clog furnaces ), which are less expensive. it also requires less capital, making it a viable alternative to the two tried - and - tested methods of electric furnaces and blast furnaces. the comparative table shows that the diversity of processes is also justified by the need for quality materials. the coking plant that feeds a battery of blast furnaces is just as expensive as the blast furnace and requires a specific quality of coal. conversely, many direct - reduction processes are disadvantaged by the costly transformation of ore into pellets : these cost on average 70 % more than raw ore. finally, gas requirements can significantly increase investment costs : gas produced by a corex is remarkably well - suited to feeding a midrex unit, but the attraction of the low investment then fades. = = = the benefits of direct fuel reduction = = = although gas handling and processing are far more economical than converting coal into coke ( not to mention the associated constraints, such as bulk handling, high sensitivity of coking plants to production fluctuations, environmental impact, etc. ), replacing coke with natural gas only makes direct reduction attractive to steelmakers with cheap gas resources. this point is essential, as european steelmakers pointed out in 1998 : " there's no secret : to be competitive, direct reduction requires natural gas at $ 2 per gigajoule, half the european price. " - l'usine nouvelle, september 1998, la reduction directe passe au charbon. this explains the development of certain reduction - melting processes which, because of the high temperatures involved, have a surplus of reducing gas. reduction - melting processes such as the corex, capable of feeding an ancillary midrex direct reduction unit, or the tecnored, are justified by their ability to produce co - rich gas despite their higher investment cost. in addition, coke oven gas is an essential co
for the case of reducing the negative effects of energy poverty on public health is the distribution and improvement to clean, efficient cook stoves among disadvantaged communities that suffer from the effects of lack of access to energy services. proposed as an alternative for the improvement of public health and welfare, the distribution of cooking stoves could be a more inexpensive and immediate approach to decreasing mortality rates within the sector of energy poverty. distributing cleaner liquified petroleum gas ( lpg ) or electric stoves among developing countries would prevent the inadequate cooking and dangerous exposure to traditional biomass fuel. although this change to cleaner, and convenient to use appliances can be practical, there is still great emphasis within the movement to eliminate energy poverty through substantial policy change. = = = development = = = " energy provides services to meet many basic human needs, particularly heat, motive power ( e. g. water pumps and transport ) and light. business, industry, commerce and public services such as modern healthcare, education and communication are highly dependent on access to energy services. indeed, there is a direct relationship between the absence of adequate energy services and many poverty indicators such as infant mortality, illiteracy, life expectancy and total fertility rate. inadequate access to energy also exacerbates rapid urbanization in developing countries, by driving people to seek better living conditions. increasing energy consumption has long been tied directly to economic growth and improvement in human welfare. however it is unclear whether increasing energy consumption is a necessary precondition for economic growth, or vice versa. although developed countries are now beginning to decouple their energy consumption from economic growth ( through structural changes and increases in energy efficiency ), there remains a strong direct relationship between energy consumption and economic development in developing countries. " = = = climate change = = = in 2018, 70 % of greenhouse gas emissions were a result of energy production and use. historically, 5 % of countries account for 67. 74 % of total emissions and 50 % of the lowest - emitting countries produce only 0. 74 % of total historic greenhouse gas emissions. thus, the distribution, production, and consumption of energy services are highly unequal and reflect the greater systemic barriers that prevent people from accessing and using energy services. additionally, there is a greater emphasis on developing countries to invest in renewable sources of energy rather than following the energy development patterns of developed nations. the effects of global warming, as a result of climate change, vary in their correlation to energy poverty. in countries with cold climates where energy poverty is primarily due to the lack of access to proper heating
derivatives, have been mitigated in phytoremediation projects worldwide. many plants such as mustard plants, alpine pennycress, hemp, and pigweed have proven to be successful at hyperaccumulating contaminants at toxic waste sites. not all plants are able to accumulate heavy metals or organics pollutants due to differences in the physiology of the plant. even cultivars within the same species have varying abilities to accumulate pollutants. = = advantages and limitations = = = = = advantages = = = the cost of the phytoremediation is lower than that of traditional processes both in situ and ex situ the possibility of the recovery and re - use of valuable metals ( by companies specializing in " phytomining " ) it preserves the topsoil, maintaining the fertility of the soil increase soil health, yield, and plant phytochemicals the use of plants also reduces erosion and metal leaching in the soil noise, smell and visual disruption are usually less than with alternative methods. the de : galmeivegetation of hyperaccumulator plants is even protected by environmental legislation in many areas where it occurs. = = = limitations = = = phytoremediation is limited to the surface area and depth occupied by the roots. with plant - based systems of remediation, it is not possible to completely prevent the leaching of contaminants into the groundwater ( without the complete removal of the contaminated ground, which in itself does not resolve the problem of contamination ) the survival of the plants is affected by the toxicity of the contaminated land and the general condition of the soil bio - accumulation of contaminants, especially metals, into the plants can affect consumer products like food and cosmetics, and requires the safe disposal of the affected plant material when taking up heavy metals, sometimes the metal is bound to the soil organic matter, which makes it unavailable for the plant to extract some plants are too hard to cultivate or too slow growing to make them viable for phytoremediation despite their status as hyperacumulators. genetic engineering may improve desirable properties in target species but is controversial in some countries. = = processes = = a range of processes mediated by plants or algae are tested in treating environmental problems. : = = = phytoextraction = = = phytoextraction ( or phytoaccumulation or phytosequestration ) exploits the ability of plants or algae to remove contaminants from soil or water into harvestable
poor design and installation ( gaps between the log and the soil surface or not on contour with a slope to one end ) can lead to increased erosion due to the concentration of the runoff in lowest end of the barrier. despite these recent insights, log barriers are still extensively applied in mediterranean countries such as spain. mulching : covering the soil surface with a material that provides protection against raindrop impact, retains water, and reduce runoff velocity. the material most commonly used is agricultural straw, whose application reached in the 2000s 18 % of the burned areas treated in the usa. this extensive use is due to its high effectiveness but also the development of its aerial application that reduced the application costs and made it viable in inaccessible areas. an alternative to straw mulching is the wood - based mulch using wood chips, wood shreds, and wood strand but also pine needles and forest residues. although marginally used before the 2010s, wood - based mulching is becoming popular since it prevents side - effects of agricultural straw such as the introduction of non - native species and invasive weeds, its longer longevity, and stability to wind. additionally, wood - based mulches can be produced locally from burned or green trees, reducing transport costs. chemical treatments : tackifiers, fertilizers, and flocculants are used as stand - alone emergency treatments or in combination with other treatment to provide increased soil stability to reduce runoff and erosion. anionic polyacrylamide ( pam ), a synthetic petroleum by - product, is a flocculant that is applied as pellets or in solution to the soil surface in fire - affected areas. pam binds soil particles, increase soil stability and infiltration, and reduce soil erosion. however, studies on their effectiveness in fire - affected areas are inconclusive or show no significant effect on runoff and erosion combined treatments : seeding has been frequently combined with fertilizers to increase the viability of the seedlings. seeds have been coated with surfactant to reduce fire - induced soil water repellency and increase water availability. organic fibres ( wood shreds, paper, cotton and flax ) have been mixed with seeds, fertilizers and tackifiers to produce hydromulches. although combined treatments can have higher effectiveness, the associated increase in production or transport costs can make their application less cost - effective and only viable to provide additional protection to critical values - at - risk. = = references = =
Answer:
|
Yes as to 20 percent of his crop damage, because use of available equipment would have reduced the fumes by 20 percent.
| 0.3 |
On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments within one month of completion if CP is successful in shortening by one-half the 17 processing time for the financial transactions now handled on HDS's Zenon 747 computer; CP to complete by July 1. This agreement may be amended only by a signed writing. On June 6, CP demanded $10,000, saying the job was one-half done. After HDS denied liability, the parties orally agreed that HDS should deposit $20,000 in escrow, pending completion to the satisfaction of HDS's computer systems manager. The escrow deposit was thereupon made. On July 5, CP completed the programs, having used an amount of time in which it could have earned $18,000 had it devoted that time to other jobs. Tests by CP and HDS's computer systems manager then showed that the computer programs, not being perfectly coordinated with HDS's billing methods, cut processing time by only 47 percent. They would, however, save HDS $12,000 a year. Further, if HDS would spend $5,000 to change its invoice preparation methods, as recommended by CP, the programs would cut processing time by a total of 58 percent, saving HDS another $8,000 a year. HDS's computer systems manager refused in good faith to certify satisfactory completion. HDS asked the escrow agent to return the $20,000 and asserted that nothing was owed to CP even though HDS continued to use the programs"If HDS denies liability on the ground that CP had orally agreed to coordinate with HDS's methods of accounting, and CP seeks in litigation to bar introduction of that agreement because of the parol evidence rule, HDS's most effective argument is that
0. the parol evidence rule does not bar the introduction of evidence for the purpose of interpreting a written agreement.
1. the memorandum was not a completely integrated agreement.
2. HDS detrimentally relied on the oral promise of coordination in signing the memorandum
3. the memorandum was not a partially integrated agreement.
issued a total recall and replaced the defective pentium cpus ( which were limited to some 60, 66, 75, 90, and 100 mhz models ) on customer request. the bug was discovered independently in october 1994 by thomas nicely, professor of mathematics at lynchburg college. he contacted intel but received no response. on october 30, he posted a message about his finding on the internet. word of the bug spread quickly and reached the industry press. the bug was easy to replicate ; a user could enter specific numbers into the calculator on the operating system. consequently, many users did not accept intel's statements that the error was minor and " not even an erratum ". during thanksgiving, in 1994, the new york times ran a piece by journalist john markoff spotlighting the error. intel changed its position and offered to replace every chip, quickly putting in place a large end - user support organization. this resulted in a $ 475 million charge against intel's 1994 revenue. nicely later learned that intel had discovered the fdiv bug in its own testing a few months before him ( but had decided not to inform customers ). the " pentium flaw " incident, intel's response to it, and the surrounding media coverage propelled intel from being a technology supplier generally unknown to most computer users to a household name. dovetailing with an uptick in the " intel inside " campaign, the episode is considered to have been a positive event for intel, changing some of its business practices to be more end - user focused and generating substantial public awareness, while avoiding a lasting negative impression. = = = intel core = = = the intel core line originated from the original core brand, with the release of the 32 - bit yonah cpu, intel's first dual - core mobile ( low - power ) processor. derived from the pentium m, the processor family used an enhanced version of the p6 microarchitecture. its successor, the core 2 family, was released on july 27, 2006. this was based on the intel core microarchitecture, and was a 64 - bit design. instead of focusing on higher clock rates, the core microarchitecture emphasized power efficiency and a return to lower clock speeds. it also provided more efficient decoding stages, execution units, caches, and buses, reducing the power consumption of core 2 - branded cpus while increasing their processing capacity. in november 2008, intel released the 1st - generation core processors based on the nehalem microarchi
the joint enterprise defense infrastructure ( jedi ) contract was a large united states department of defense cloud computing contract which has been reported as being worth $ 10 billion over ten years. jedi was meant to be a commercial off - the - shelf ( cots ) implementation of existing technology, while providing economies of scale to dod. = = controversy = = companies interested in the contract included amazon, google, microsoft and oracle. after protests from google employees, google decided to drop out of contention for the contract because of conflict with its corporate values. the deal was considered " gift - wrapped for amazon " until oracle ( co - chaired by safra catz ) contested the contract, citing the national defense authorization act over idiq contracts and the conflicts of interest from deap ubhi, who worked for amazon both before and after his time in the department of defense. this led eric g. bruggink, senior judge of the united states court of federal claims, to place the contract award on hold. in august 2019, weeks before the winner was expected to be announced, president donald trump ordered the contract placed on hold again for defense secretary mark esper to investigate complaints of favoritism towards amazon. in october 2019, it was announced that the contract was awarded to microsoft. media has noted trump's dislike towards amazon's founder, jeff bezos, owner of the washington post, a newspaper critical of trump. according to bezos, trump " used his power to'screw amazon'out of the jedi contract ". the jedi contract was awarded to microsoft on october 25, 2019, the dod announced, but aws filed documents with the court of federal claims on november 22, 2019 challenging the award ; its legal strategy included calling trump to testify. a federal judge, patricia campbell - smith, halted microsoft's work on the project on february 13, 2020, a day before the system was scheduled to go live, awaiting a resolution in amazon's suit. she said that amazon's claims are reasonable and " is likely to succeed on the merits of its argument that the dod improperly evaluated " microsoft's offer. as a result, the dod was forced by a federal judge to reopen bidding for the contract. in the wake of that reopening, amazon has filed additional protests related to modifications which have been made to selected sections of the contract. recent dod legal filings have stated that the final award of the contract cannot take place until at least august 17, and may yet be delayed beyond that date as well. on
both encore and portfolio recovery associates were charged with violating the fair debt collection practices act ( fdcpa ), the dodd β frank wall street reform and consumer protection act by filing " lawsuits against consumers without having the intent to prove many of the debts, winning the vast majority of the lawsuits by default when consumers failed to defend themselves ". the u. s. federal consumer financial protection bureau imposed an enforcement action on encore for pressuring borrowers " to pay with false statements, with lawsuits and with the use of using so - called robo - signed court documents, " that was also used in mortgage processing in the subprime market. according to the new york times, encore must pay " $ 42 million in consumer refunds and a $ 10 million penalty " and an injunction to " stop collections on debts totaling more than $ 125 million ". = = = mass - produced lawsuits = = = according to the consumer financial protection bureau ( cfpb ) between 2009 and 2014 a debt collection agency, through its law firm, " mass - produced " " hundreds of thousands of lawsuits against consumers in new jersey, new york, and pennsylvania ". pressler & pressler " used an automated claim - preparation system ", " online database called anywho " and " non - attorney support staff " to " hunt for debtors " and to " determine which consumers to sue ". the attorneys " spent less than a few minutes, sometimes less than 30 seconds, reviewing each case before initiating a lawsuit ". by 2009, in new york city alone, collection agencies that had bought the debt for " pennies on the dollar from card issuers " issued high volumes of lawsuits in the city's civil court against debtors β approximately 1, 000 cases a day. andrew cuomo, who was attorney general of new york from january 1, 2007, to december 31, 2010, had " shut down " two collection firms and sued " 35 law firms tied to the business ". collection firms were fraudulently and sloppily " [ c ] onducting a digital dragnet " troll [ ing ] through " commercial databases searching for debtors ". in 2009, in a case before judge noach dear in brooklyn, t. andy wang, a lawyer with pressler & pressler revealed that pressler & pressler, " one of the biggest in the collection industry ", used the " online database called anywho to hunt for debtors ". they then summoned all those with the same name to court. judge dear called for
to collect the unpaid invoice amount from the transferor ( seller ). however, any merchandise returns that may diminish the invoice amount that is collectible from the accounts receivable are typically the responsibility of the seller, and the factor will typically hold back paying the seller for a portion of the receivable being sold ( the " factor's holdback receivable " ) in order to cover the merchandise returns associated with the factored receivables until the privilege to return the merchandise expires. there are four principal parts to the factoring transaction, all of which are recorded separately by an accountant who is responsible for recording the factoring transaction : the " fee " paid to the factor, the interest expense paid to the factor for the advance of money, the " bad debt expense " associated with portion of the receivables that the seller expects will remain unpaid and uncollectable, the " factor's holdback receivable " amount to cover merchandise returns, and ( e ) any additional " loss " or " gain " the seller must attribute to the sale of the receivables. sometimes the factor's charges paid by the seller ( the factor's " client " ) covers a discount fee, additional credit risk the factor must assume, and other services provided. the factor's overall profit is the difference between the price it paid for the invoice and the money received from the debtor, less the amount lost due to non - payment. = = rationale = = factoring is a method used by some firms to obtain cash. certain companies factor accounts when the available cash balance held by the firm is insufficient to meet current obligations and accommodate its other cash needs, such as new orders or contracts ; in other industries, however, such as textiles or apparel, for example, financially sound companies factor their accounts simply because this is the historic method of financing. the use of factoring to obtain the cash needed to accommodate a firm's immediate cash needs will allow the firm to maintain a smaller ongoing cash balance. by reducing the size of its cash balances, more money is made available for investment in the firm's growth. debt factoring is also used as a financial instrument to provide better cash flow control especially if a company currently has a lot of accounts receivables with different credit terms to manage. a company sells its invoices at a discount to their face value when it calculates that it will be better off using the proceeds to bo
attempt to standardize existing versions of unix into a single compatible system. such efforts had been undertaken in the past ( e. g., 3da ) and had generally failed, as the companies involved were too reliant on vendor lock - in to fully support a standard that would allow their customers to leave for other products. with monterey, two of the key partners already had a niche they expected to continue to serve in the future : power and ia - 64 for ibm, ia - 32 and ia - 64 for sco. the breakdown of project monterey was one of the factors leading to a lawsuit in 2003, where sco group sued ibm over their contributions to linux. ibm sold only 32 monterey licenses in 2001, and fewer in 2002. = = references = = = = external links = = project monterey developer program at the wayback machine ( archived 20 april 2001 )
Answer:
|
the memorandum was not a completely integrated agreement.
| null |
On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments within one month of completion if CP is successful in shortening by one-half the 17 processing time for the financial transactions now handled on HDS's Zenon 747 computer; CP to complete by July 1. This agreement may be amended only by a signed writing. On June 6, CP demanded $10,000, saying the job was one-half done. After HDS denied liability, the parties orally agreed that HDS should deposit $20,000 in escrow, pending completion to the satisfaction of HDS's computer systems manager. The escrow deposit was thereupon made. On July 5, CP completed the programs, having used an amount of time in which it could have earned $18,000 had it devoted that time to other jobs. Tests by CP and HDS's computer systems manager then showed that the computer programs, not being perfectly coordinated with HDS's billing methods, cut processing time by only 47 percent. They would, however, save HDS $12,000 a year. Further, if HDS would spend $5,000 to change its invoice preparation methods, as recommended by CP, the programs would cut processing time by a total of 58 percent, saving HDS another $8,000 a year. HDS's computer systems manager refused in good faith to certify satisfactory completion. HDS asked the escrow agent to return the $20,000 and asserted that nothing was owed to CP even though HDS continued to use the programs"If HDS denies liability on the ground that CP had orally agreed to coordinate with HDS's methods of accounting, and CP seeks in litigation to bar introduction of that agreement because of the parol evidence rule, HDS's most effective argument is that
0. the parol evidence rule does not bar the introduction of evidence for the purpose of interpreting a written agreement.
1. the memorandum was not a completely integrated agreement.
2. HDS detrimentally relied on the oral promise of coordination in signing the memorandum
3. the memorandum was not a partially integrated agreement.
issued a total recall and replaced the defective pentium cpus ( which were limited to some 60, 66, 75, 90, and 100 mhz models ) on customer request. the bug was discovered independently in october 1994 by thomas nicely, professor of mathematics at lynchburg college. he contacted intel but received no response. on october 30, he posted a message about his finding on the internet. word of the bug spread quickly and reached the industry press. the bug was easy to replicate ; a user could enter specific numbers into the calculator on the operating system. consequently, many users did not accept intel's statements that the error was minor and " not even an erratum ". during thanksgiving, in 1994, the new york times ran a piece by journalist john markoff spotlighting the error. intel changed its position and offered to replace every chip, quickly putting in place a large end - user support organization. this resulted in a $ 475 million charge against intel's 1994 revenue. nicely later learned that intel had discovered the fdiv bug in its own testing a few months before him ( but had decided not to inform customers ). the " pentium flaw " incident, intel's response to it, and the surrounding media coverage propelled intel from being a technology supplier generally unknown to most computer users to a household name. dovetailing with an uptick in the " intel inside " campaign, the episode is considered to have been a positive event for intel, changing some of its business practices to be more end - user focused and generating substantial public awareness, while avoiding a lasting negative impression. = = = intel core = = = the intel core line originated from the original core brand, with the release of the 32 - bit yonah cpu, intel's first dual - core mobile ( low - power ) processor. derived from the pentium m, the processor family used an enhanced version of the p6 microarchitecture. its successor, the core 2 family, was released on july 27, 2006. this was based on the intel core microarchitecture, and was a 64 - bit design. instead of focusing on higher clock rates, the core microarchitecture emphasized power efficiency and a return to lower clock speeds. it also provided more efficient decoding stages, execution units, caches, and buses, reducing the power consumption of core 2 - branded cpus while increasing their processing capacity. in november 2008, intel released the 1st - generation core processors based on the nehalem microarchi
the joint enterprise defense infrastructure ( jedi ) contract was a large united states department of defense cloud computing contract which has been reported as being worth $ 10 billion over ten years. jedi was meant to be a commercial off - the - shelf ( cots ) implementation of existing technology, while providing economies of scale to dod. = = controversy = = companies interested in the contract included amazon, google, microsoft and oracle. after protests from google employees, google decided to drop out of contention for the contract because of conflict with its corporate values. the deal was considered " gift - wrapped for amazon " until oracle ( co - chaired by safra catz ) contested the contract, citing the national defense authorization act over idiq contracts and the conflicts of interest from deap ubhi, who worked for amazon both before and after his time in the department of defense. this led eric g. bruggink, senior judge of the united states court of federal claims, to place the contract award on hold. in august 2019, weeks before the winner was expected to be announced, president donald trump ordered the contract placed on hold again for defense secretary mark esper to investigate complaints of favoritism towards amazon. in october 2019, it was announced that the contract was awarded to microsoft. media has noted trump's dislike towards amazon's founder, jeff bezos, owner of the washington post, a newspaper critical of trump. according to bezos, trump " used his power to'screw amazon'out of the jedi contract ". the jedi contract was awarded to microsoft on october 25, 2019, the dod announced, but aws filed documents with the court of federal claims on november 22, 2019 challenging the award ; its legal strategy included calling trump to testify. a federal judge, patricia campbell - smith, halted microsoft's work on the project on february 13, 2020, a day before the system was scheduled to go live, awaiting a resolution in amazon's suit. she said that amazon's claims are reasonable and " is likely to succeed on the merits of its argument that the dod improperly evaluated " microsoft's offer. as a result, the dod was forced by a federal judge to reopen bidding for the contract. in the wake of that reopening, amazon has filed additional protests related to modifications which have been made to selected sections of the contract. recent dod legal filings have stated that the final award of the contract cannot take place until at least august 17, and may yet be delayed beyond that date as well. on
both encore and portfolio recovery associates were charged with violating the fair debt collection practices act ( fdcpa ), the dodd β frank wall street reform and consumer protection act by filing " lawsuits against consumers without having the intent to prove many of the debts, winning the vast majority of the lawsuits by default when consumers failed to defend themselves ". the u. s. federal consumer financial protection bureau imposed an enforcement action on encore for pressuring borrowers " to pay with false statements, with lawsuits and with the use of using so - called robo - signed court documents, " that was also used in mortgage processing in the subprime market. according to the new york times, encore must pay " $ 42 million in consumer refunds and a $ 10 million penalty " and an injunction to " stop collections on debts totaling more than $ 125 million ". = = = mass - produced lawsuits = = = according to the consumer financial protection bureau ( cfpb ) between 2009 and 2014 a debt collection agency, through its law firm, " mass - produced " " hundreds of thousands of lawsuits against consumers in new jersey, new york, and pennsylvania ". pressler & pressler " used an automated claim - preparation system ", " online database called anywho " and " non - attorney support staff " to " hunt for debtors " and to " determine which consumers to sue ". the attorneys " spent less than a few minutes, sometimes less than 30 seconds, reviewing each case before initiating a lawsuit ". by 2009, in new york city alone, collection agencies that had bought the debt for " pennies on the dollar from card issuers " issued high volumes of lawsuits in the city's civil court against debtors β approximately 1, 000 cases a day. andrew cuomo, who was attorney general of new york from january 1, 2007, to december 31, 2010, had " shut down " two collection firms and sued " 35 law firms tied to the business ". collection firms were fraudulently and sloppily " [ c ] onducting a digital dragnet " troll [ ing ] through " commercial databases searching for debtors ". in 2009, in a case before judge noach dear in brooklyn, t. andy wang, a lawyer with pressler & pressler revealed that pressler & pressler, " one of the biggest in the collection industry ", used the " online database called anywho to hunt for debtors ". they then summoned all those with the same name to court. judge dear called for
to collect the unpaid invoice amount from the transferor ( seller ). however, any merchandise returns that may diminish the invoice amount that is collectible from the accounts receivable are typically the responsibility of the seller, and the factor will typically hold back paying the seller for a portion of the receivable being sold ( the " factor's holdback receivable " ) in order to cover the merchandise returns associated with the factored receivables until the privilege to return the merchandise expires. there are four principal parts to the factoring transaction, all of which are recorded separately by an accountant who is responsible for recording the factoring transaction : the " fee " paid to the factor, the interest expense paid to the factor for the advance of money, the " bad debt expense " associated with portion of the receivables that the seller expects will remain unpaid and uncollectable, the " factor's holdback receivable " amount to cover merchandise returns, and ( e ) any additional " loss " or " gain " the seller must attribute to the sale of the receivables. sometimes the factor's charges paid by the seller ( the factor's " client " ) covers a discount fee, additional credit risk the factor must assume, and other services provided. the factor's overall profit is the difference between the price it paid for the invoice and the money received from the debtor, less the amount lost due to non - payment. = = rationale = = factoring is a method used by some firms to obtain cash. certain companies factor accounts when the available cash balance held by the firm is insufficient to meet current obligations and accommodate its other cash needs, such as new orders or contracts ; in other industries, however, such as textiles or apparel, for example, financially sound companies factor their accounts simply because this is the historic method of financing. the use of factoring to obtain the cash needed to accommodate a firm's immediate cash needs will allow the firm to maintain a smaller ongoing cash balance. by reducing the size of its cash balances, more money is made available for investment in the firm's growth. debt factoring is also used as a financial instrument to provide better cash flow control especially if a company currently has a lot of accounts receivables with different credit terms to manage. a company sells its invoices at a discount to their face value when it calculates that it will be better off using the proceeds to bo
attempt to standardize existing versions of unix into a single compatible system. such efforts had been undertaken in the past ( e. g., 3da ) and had generally failed, as the companies involved were too reliant on vendor lock - in to fully support a standard that would allow their customers to leave for other products. with monterey, two of the key partners already had a niche they expected to continue to serve in the future : power and ia - 64 for ibm, ia - 32 and ia - 64 for sco. the breakdown of project monterey was one of the factors leading to a lawsuit in 2003, where sco group sued ibm over their contributions to linux. ibm sold only 32 monterey licenses in 2001, and fewer in 2002. = = references = = = = external links = = project monterey developer program at the wayback machine ( archived 20 april 2001 )
Answer:
|
the memorandum was not a partially integrated agreement.
| 0.3 |
On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments within one month of completion if CP is successful in shortening by one-half the 17 processing time for the financial transactions now handled on HDS's Zenon 747 computer; CP to complete by July 1. This agreement may be amended only by a signed writing. On June 6, CP demanded $10,000, saying the job was one-half done. After HDS denied liability, the parties orally agreed that HDS should deposit $20,000 in escrow, pending completion to the satisfaction of HDS's computer systems manager. The escrow deposit was thereupon made. On July 5, CP completed the programs, having used an amount of time in which it could have earned $18,000 had it devoted that time to other jobs. Tests by CP and HDS's computer systems manager then showed that the computer programs, not being perfectly coordinated with HDS's billing methods, cut processing time by only 47 percent. They would, however, save HDS $12,000 a year. Further, if HDS would spend $5,000 to change its invoice preparation methods, as recommended by CP, the programs would cut processing time by a total of 58 percent, saving HDS another $8,000 a year. HDS's computer systems manager refused in good faith to certify satisfactory completion. HDS asked the escrow agent to return the $20,000 and asserted that nothing was owed to CP even though HDS continued to use the programs"If CP in fact had half-completed the job on June 6, would it then have been entitled to $10,000?
0. Yes, because June 6 was within one month of completion.
1. Yes, because CP had done one-half the job.
2. No, because of a constructive condition precedent requiring at least substantial completion of the work before HDS would have a duty to pay
3. No, because "within one month of completion" would, in these circumstances, be interpreted to mean "within one month after completion."
issued a total recall and replaced the defective pentium cpus ( which were limited to some 60, 66, 75, 90, and 100 mhz models ) on customer request. the bug was discovered independently in october 1994 by thomas nicely, professor of mathematics at lynchburg college. he contacted intel but received no response. on october 30, he posted a message about his finding on the internet. word of the bug spread quickly and reached the industry press. the bug was easy to replicate ; a user could enter specific numbers into the calculator on the operating system. consequently, many users did not accept intel's statements that the error was minor and " not even an erratum ". during thanksgiving, in 1994, the new york times ran a piece by journalist john markoff spotlighting the error. intel changed its position and offered to replace every chip, quickly putting in place a large end - user support organization. this resulted in a $ 475 million charge against intel's 1994 revenue. nicely later learned that intel had discovered the fdiv bug in its own testing a few months before him ( but had decided not to inform customers ). the " pentium flaw " incident, intel's response to it, and the surrounding media coverage propelled intel from being a technology supplier generally unknown to most computer users to a household name. dovetailing with an uptick in the " intel inside " campaign, the episode is considered to have been a positive event for intel, changing some of its business practices to be more end - user focused and generating substantial public awareness, while avoiding a lasting negative impression. = = = intel core = = = the intel core line originated from the original core brand, with the release of the 32 - bit yonah cpu, intel's first dual - core mobile ( low - power ) processor. derived from the pentium m, the processor family used an enhanced version of the p6 microarchitecture. its successor, the core 2 family, was released on july 27, 2006. this was based on the intel core microarchitecture, and was a 64 - bit design. instead of focusing on higher clock rates, the core microarchitecture emphasized power efficiency and a return to lower clock speeds. it also provided more efficient decoding stages, execution units, caches, and buses, reducing the power consumption of core 2 - branded cpus while increasing their processing capacity. in november 2008, intel released the 1st - generation core processors based on the nehalem microarchi
the joint enterprise defense infrastructure ( jedi ) contract was a large united states department of defense cloud computing contract which has been reported as being worth $ 10 billion over ten years. jedi was meant to be a commercial off - the - shelf ( cots ) implementation of existing technology, while providing economies of scale to dod. = = controversy = = companies interested in the contract included amazon, google, microsoft and oracle. after protests from google employees, google decided to drop out of contention for the contract because of conflict with its corporate values. the deal was considered " gift - wrapped for amazon " until oracle ( co - chaired by safra catz ) contested the contract, citing the national defense authorization act over idiq contracts and the conflicts of interest from deap ubhi, who worked for amazon both before and after his time in the department of defense. this led eric g. bruggink, senior judge of the united states court of federal claims, to place the contract award on hold. in august 2019, weeks before the winner was expected to be announced, president donald trump ordered the contract placed on hold again for defense secretary mark esper to investigate complaints of favoritism towards amazon. in october 2019, it was announced that the contract was awarded to microsoft. media has noted trump's dislike towards amazon's founder, jeff bezos, owner of the washington post, a newspaper critical of trump. according to bezos, trump " used his power to'screw amazon'out of the jedi contract ". the jedi contract was awarded to microsoft on october 25, 2019, the dod announced, but aws filed documents with the court of federal claims on november 22, 2019 challenging the award ; its legal strategy included calling trump to testify. a federal judge, patricia campbell - smith, halted microsoft's work on the project on february 13, 2020, a day before the system was scheduled to go live, awaiting a resolution in amazon's suit. she said that amazon's claims are reasonable and " is likely to succeed on the merits of its argument that the dod improperly evaluated " microsoft's offer. as a result, the dod was forced by a federal judge to reopen bidding for the contract. in the wake of that reopening, amazon has filed additional protests related to modifications which have been made to selected sections of the contract. recent dod legal filings have stated that the final award of the contract cannot take place until at least august 17, and may yet be delayed beyond that date as well. on
both encore and portfolio recovery associates were charged with violating the fair debt collection practices act ( fdcpa ), the dodd β frank wall street reform and consumer protection act by filing " lawsuits against consumers without having the intent to prove many of the debts, winning the vast majority of the lawsuits by default when consumers failed to defend themselves ". the u. s. federal consumer financial protection bureau imposed an enforcement action on encore for pressuring borrowers " to pay with false statements, with lawsuits and with the use of using so - called robo - signed court documents, " that was also used in mortgage processing in the subprime market. according to the new york times, encore must pay " $ 42 million in consumer refunds and a $ 10 million penalty " and an injunction to " stop collections on debts totaling more than $ 125 million ". = = = mass - produced lawsuits = = = according to the consumer financial protection bureau ( cfpb ) between 2009 and 2014 a debt collection agency, through its law firm, " mass - produced " " hundreds of thousands of lawsuits against consumers in new jersey, new york, and pennsylvania ". pressler & pressler " used an automated claim - preparation system ", " online database called anywho " and " non - attorney support staff " to " hunt for debtors " and to " determine which consumers to sue ". the attorneys " spent less than a few minutes, sometimes less than 30 seconds, reviewing each case before initiating a lawsuit ". by 2009, in new york city alone, collection agencies that had bought the debt for " pennies on the dollar from card issuers " issued high volumes of lawsuits in the city's civil court against debtors β approximately 1, 000 cases a day. andrew cuomo, who was attorney general of new york from january 1, 2007, to december 31, 2010, had " shut down " two collection firms and sued " 35 law firms tied to the business ". collection firms were fraudulently and sloppily " [ c ] onducting a digital dragnet " troll [ ing ] through " commercial databases searching for debtors ". in 2009, in a case before judge noach dear in brooklyn, t. andy wang, a lawyer with pressler & pressler revealed that pressler & pressler, " one of the biggest in the collection industry ", used the " online database called anywho to hunt for debtors ". they then summoned all those with the same name to court. judge dear called for
to collect the unpaid invoice amount from the transferor ( seller ). however, any merchandise returns that may diminish the invoice amount that is collectible from the accounts receivable are typically the responsibility of the seller, and the factor will typically hold back paying the seller for a portion of the receivable being sold ( the " factor's holdback receivable " ) in order to cover the merchandise returns associated with the factored receivables until the privilege to return the merchandise expires. there are four principal parts to the factoring transaction, all of which are recorded separately by an accountant who is responsible for recording the factoring transaction : the " fee " paid to the factor, the interest expense paid to the factor for the advance of money, the " bad debt expense " associated with portion of the receivables that the seller expects will remain unpaid and uncollectable, the " factor's holdback receivable " amount to cover merchandise returns, and ( e ) any additional " loss " or " gain " the seller must attribute to the sale of the receivables. sometimes the factor's charges paid by the seller ( the factor's " client " ) covers a discount fee, additional credit risk the factor must assume, and other services provided. the factor's overall profit is the difference between the price it paid for the invoice and the money received from the debtor, less the amount lost due to non - payment. = = rationale = = factoring is a method used by some firms to obtain cash. certain companies factor accounts when the available cash balance held by the firm is insufficient to meet current obligations and accommodate its other cash needs, such as new orders or contracts ; in other industries, however, such as textiles or apparel, for example, financially sound companies factor their accounts simply because this is the historic method of financing. the use of factoring to obtain the cash needed to accommodate a firm's immediate cash needs will allow the firm to maintain a smaller ongoing cash balance. by reducing the size of its cash balances, more money is made available for investment in the firm's growth. debt factoring is also used as a financial instrument to provide better cash flow control especially if a company currently has a lot of accounts receivables with different credit terms to manage. a company sells its invoices at a discount to their face value when it calculates that it will be better off using the proceeds to bo
attempt to standardize existing versions of unix into a single compatible system. such efforts had been undertaken in the past ( e. g., 3da ) and had generally failed, as the companies involved were too reliant on vendor lock - in to fully support a standard that would allow their customers to leave for other products. with monterey, two of the key partners already had a niche they expected to continue to serve in the future : power and ia - 64 for ibm, ia - 32 and ia - 64 for sco. the breakdown of project monterey was one of the factors leading to a lawsuit in 2003, where sco group sued ibm over their contributions to linux. ibm sold only 32 monterey licenses in 2001, and fewer in 2002. = = references = = = = external links = = project monterey developer program at the wayback machine ( archived 20 april 2001 )
Answer:
|
No, because "within one month of completion" would, in these circumstances, be interpreted to mean "within one month after completion."
| null |
On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments within one month of completion if CP is successful in shortening by one-half the 17 processing time for the financial transactions now handled on HDS's Zenon 747 computer; CP to complete by July 1. This agreement may be amended only by a signed writing. On June 6, CP demanded $10,000, saying the job was one-half done. After HDS denied liability, the parties orally agreed that HDS should deposit $20,000 in escrow, pending completion to the satisfaction of HDS's computer systems manager. The escrow deposit was thereupon made. On July 5, CP completed the programs, having used an amount of time in which it could have earned $18,000 had it devoted that time to other jobs. Tests by CP and HDS's computer systems manager then showed that the computer programs, not being perfectly coordinated with HDS's billing methods, cut processing time by only 47 percent. They would, however, save HDS $12,000 a year. Further, if HDS would spend $5,000 to change its invoice preparation methods, as recommended by CP, the programs would cut processing time by a total of 58 percent, saving HDS another $8,000 a year. HDS's computer systems manager refused in good faith to certify satisfactory completion. HDS asked the escrow agent to return the $20,000 and asserted that nothing was owed to CP even though HDS continued to use the programs"If CP in fact had half-completed the job on June 6, would it then have been entitled to $10,000?
0. Yes, because June 6 was within one month of completion.
1. Yes, because CP had done one-half the job.
2. No, because of a constructive condition precedent requiring at least substantial completion of the work before HDS would have a duty to pay
3. No, because "within one month of completion" would, in these circumstances, be interpreted to mean "within one month after completion."
issued a total recall and replaced the defective pentium cpus ( which were limited to some 60, 66, 75, 90, and 100 mhz models ) on customer request. the bug was discovered independently in october 1994 by thomas nicely, professor of mathematics at lynchburg college. he contacted intel but received no response. on october 30, he posted a message about his finding on the internet. word of the bug spread quickly and reached the industry press. the bug was easy to replicate ; a user could enter specific numbers into the calculator on the operating system. consequently, many users did not accept intel's statements that the error was minor and " not even an erratum ". during thanksgiving, in 1994, the new york times ran a piece by journalist john markoff spotlighting the error. intel changed its position and offered to replace every chip, quickly putting in place a large end - user support organization. this resulted in a $ 475 million charge against intel's 1994 revenue. nicely later learned that intel had discovered the fdiv bug in its own testing a few months before him ( but had decided not to inform customers ). the " pentium flaw " incident, intel's response to it, and the surrounding media coverage propelled intel from being a technology supplier generally unknown to most computer users to a household name. dovetailing with an uptick in the " intel inside " campaign, the episode is considered to have been a positive event for intel, changing some of its business practices to be more end - user focused and generating substantial public awareness, while avoiding a lasting negative impression. = = = intel core = = = the intel core line originated from the original core brand, with the release of the 32 - bit yonah cpu, intel's first dual - core mobile ( low - power ) processor. derived from the pentium m, the processor family used an enhanced version of the p6 microarchitecture. its successor, the core 2 family, was released on july 27, 2006. this was based on the intel core microarchitecture, and was a 64 - bit design. instead of focusing on higher clock rates, the core microarchitecture emphasized power efficiency and a return to lower clock speeds. it also provided more efficient decoding stages, execution units, caches, and buses, reducing the power consumption of core 2 - branded cpus while increasing their processing capacity. in november 2008, intel released the 1st - generation core processors based on the nehalem microarchi
the joint enterprise defense infrastructure ( jedi ) contract was a large united states department of defense cloud computing contract which has been reported as being worth $ 10 billion over ten years. jedi was meant to be a commercial off - the - shelf ( cots ) implementation of existing technology, while providing economies of scale to dod. = = controversy = = companies interested in the contract included amazon, google, microsoft and oracle. after protests from google employees, google decided to drop out of contention for the contract because of conflict with its corporate values. the deal was considered " gift - wrapped for amazon " until oracle ( co - chaired by safra catz ) contested the contract, citing the national defense authorization act over idiq contracts and the conflicts of interest from deap ubhi, who worked for amazon both before and after his time in the department of defense. this led eric g. bruggink, senior judge of the united states court of federal claims, to place the contract award on hold. in august 2019, weeks before the winner was expected to be announced, president donald trump ordered the contract placed on hold again for defense secretary mark esper to investigate complaints of favoritism towards amazon. in october 2019, it was announced that the contract was awarded to microsoft. media has noted trump's dislike towards amazon's founder, jeff bezos, owner of the washington post, a newspaper critical of trump. according to bezos, trump " used his power to'screw amazon'out of the jedi contract ". the jedi contract was awarded to microsoft on october 25, 2019, the dod announced, but aws filed documents with the court of federal claims on november 22, 2019 challenging the award ; its legal strategy included calling trump to testify. a federal judge, patricia campbell - smith, halted microsoft's work on the project on february 13, 2020, a day before the system was scheduled to go live, awaiting a resolution in amazon's suit. she said that amazon's claims are reasonable and " is likely to succeed on the merits of its argument that the dod improperly evaluated " microsoft's offer. as a result, the dod was forced by a federal judge to reopen bidding for the contract. in the wake of that reopening, amazon has filed additional protests related to modifications which have been made to selected sections of the contract. recent dod legal filings have stated that the final award of the contract cannot take place until at least august 17, and may yet be delayed beyond that date as well. on
both encore and portfolio recovery associates were charged with violating the fair debt collection practices act ( fdcpa ), the dodd β frank wall street reform and consumer protection act by filing " lawsuits against consumers without having the intent to prove many of the debts, winning the vast majority of the lawsuits by default when consumers failed to defend themselves ". the u. s. federal consumer financial protection bureau imposed an enforcement action on encore for pressuring borrowers " to pay with false statements, with lawsuits and with the use of using so - called robo - signed court documents, " that was also used in mortgage processing in the subprime market. according to the new york times, encore must pay " $ 42 million in consumer refunds and a $ 10 million penalty " and an injunction to " stop collections on debts totaling more than $ 125 million ". = = = mass - produced lawsuits = = = according to the consumer financial protection bureau ( cfpb ) between 2009 and 2014 a debt collection agency, through its law firm, " mass - produced " " hundreds of thousands of lawsuits against consumers in new jersey, new york, and pennsylvania ". pressler & pressler " used an automated claim - preparation system ", " online database called anywho " and " non - attorney support staff " to " hunt for debtors " and to " determine which consumers to sue ". the attorneys " spent less than a few minutes, sometimes less than 30 seconds, reviewing each case before initiating a lawsuit ". by 2009, in new york city alone, collection agencies that had bought the debt for " pennies on the dollar from card issuers " issued high volumes of lawsuits in the city's civil court against debtors β approximately 1, 000 cases a day. andrew cuomo, who was attorney general of new york from january 1, 2007, to december 31, 2010, had " shut down " two collection firms and sued " 35 law firms tied to the business ". collection firms were fraudulently and sloppily " [ c ] onducting a digital dragnet " troll [ ing ] through " commercial databases searching for debtors ". in 2009, in a case before judge noach dear in brooklyn, t. andy wang, a lawyer with pressler & pressler revealed that pressler & pressler, " one of the biggest in the collection industry ", used the " online database called anywho to hunt for debtors ". they then summoned all those with the same name to court. judge dear called for
to collect the unpaid invoice amount from the transferor ( seller ). however, any merchandise returns that may diminish the invoice amount that is collectible from the accounts receivable are typically the responsibility of the seller, and the factor will typically hold back paying the seller for a portion of the receivable being sold ( the " factor's holdback receivable " ) in order to cover the merchandise returns associated with the factored receivables until the privilege to return the merchandise expires. there are four principal parts to the factoring transaction, all of which are recorded separately by an accountant who is responsible for recording the factoring transaction : the " fee " paid to the factor, the interest expense paid to the factor for the advance of money, the " bad debt expense " associated with portion of the receivables that the seller expects will remain unpaid and uncollectable, the " factor's holdback receivable " amount to cover merchandise returns, and ( e ) any additional " loss " or " gain " the seller must attribute to the sale of the receivables. sometimes the factor's charges paid by the seller ( the factor's " client " ) covers a discount fee, additional credit risk the factor must assume, and other services provided. the factor's overall profit is the difference between the price it paid for the invoice and the money received from the debtor, less the amount lost due to non - payment. = = rationale = = factoring is a method used by some firms to obtain cash. certain companies factor accounts when the available cash balance held by the firm is insufficient to meet current obligations and accommodate its other cash needs, such as new orders or contracts ; in other industries, however, such as textiles or apparel, for example, financially sound companies factor their accounts simply because this is the historic method of financing. the use of factoring to obtain the cash needed to accommodate a firm's immediate cash needs will allow the firm to maintain a smaller ongoing cash balance. by reducing the size of its cash balances, more money is made available for investment in the firm's growth. debt factoring is also used as a financial instrument to provide better cash flow control especially if a company currently has a lot of accounts receivables with different credit terms to manage. a company sells its invoices at a discount to their face value when it calculates that it will be better off using the proceeds to bo
attempt to standardize existing versions of unix into a single compatible system. such efforts had been undertaken in the past ( e. g., 3da ) and had generally failed, as the companies involved were too reliant on vendor lock - in to fully support a standard that would allow their customers to leave for other products. with monterey, two of the key partners already had a niche they expected to continue to serve in the future : power and ia - 64 for ibm, ia - 32 and ia - 64 for sco. the breakdown of project monterey was one of the factors leading to a lawsuit in 2003, where sco group sued ibm over their contributions to linux. ibm sold only 32 monterey licenses in 2001, and fewer in 2002. = = references = = = = external links = = project monterey developer program at the wayback machine ( archived 20 april 2001 )
Answer:
|
No, because of a constructive condition precedent requiring at least substantial completion of the work before HDS would have a duty to pay
| 0.3 |
On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments within one month of completion if CP is successful in shortening by one-half the 17 processing time for the financial transactions now handled on HDS's Zenon 747 computer; CP to complete by July 1. This agreement may be amended only by a signed writing. On June 6, CP demanded $10,000, saying the job was one-half done. After HDS denied liability, the parties orally agreed that HDS should deposit $20,000 in escrow, pending completion to the satisfaction of HDS's computer systems manager. The escrow deposit was thereupon made. On July 5, CP completed the programs, having used an amount of time in which it could have earned $18,000 had it devoted that time to other jobs. Tests by CP and HDS's computer systems manager then showed that the computer programs, not being perfectly coordinated with HDS's billing methods, cut processing time by only 47 percent. They would, however, save HDS $12,000 a year. Further, if HDS would spend $5,000 to change its invoice preparation methods, as recommended by CP, the programs would cut processing time by a total of 58 percent, saving HDS another $8,000 a year. HDS's computer systems manager refused in good faith to certify satisfactory completion. HDS asked the escrow agent to return the $20,000 and asserted that nothing was owed to CP even though HDS continued to use the programs"Was the escrow agreement a valid modification?
0. Yes, because it was the compromise of an honest dispute.
1. Yes, because the Statute of Frauds does not apply to subsequent oral modifications.
2. No, because it was oral
3. No, because it was not supported by consideration.
issued a total recall and replaced the defective pentium cpus ( which were limited to some 60, 66, 75, 90, and 100 mhz models ) on customer request. the bug was discovered independently in october 1994 by thomas nicely, professor of mathematics at lynchburg college. he contacted intel but received no response. on october 30, he posted a message about his finding on the internet. word of the bug spread quickly and reached the industry press. the bug was easy to replicate ; a user could enter specific numbers into the calculator on the operating system. consequently, many users did not accept intel's statements that the error was minor and " not even an erratum ". during thanksgiving, in 1994, the new york times ran a piece by journalist john markoff spotlighting the error. intel changed its position and offered to replace every chip, quickly putting in place a large end - user support organization. this resulted in a $ 475 million charge against intel's 1994 revenue. nicely later learned that intel had discovered the fdiv bug in its own testing a few months before him ( but had decided not to inform customers ). the " pentium flaw " incident, intel's response to it, and the surrounding media coverage propelled intel from being a technology supplier generally unknown to most computer users to a household name. dovetailing with an uptick in the " intel inside " campaign, the episode is considered to have been a positive event for intel, changing some of its business practices to be more end - user focused and generating substantial public awareness, while avoiding a lasting negative impression. = = = intel core = = = the intel core line originated from the original core brand, with the release of the 32 - bit yonah cpu, intel's first dual - core mobile ( low - power ) processor. derived from the pentium m, the processor family used an enhanced version of the p6 microarchitecture. its successor, the core 2 family, was released on july 27, 2006. this was based on the intel core microarchitecture, and was a 64 - bit design. instead of focusing on higher clock rates, the core microarchitecture emphasized power efficiency and a return to lower clock speeds. it also provided more efficient decoding stages, execution units, caches, and buses, reducing the power consumption of core 2 - branded cpus while increasing their processing capacity. in november 2008, intel released the 1st - generation core processors based on the nehalem microarchi
the joint enterprise defense infrastructure ( jedi ) contract was a large united states department of defense cloud computing contract which has been reported as being worth $ 10 billion over ten years. jedi was meant to be a commercial off - the - shelf ( cots ) implementation of existing technology, while providing economies of scale to dod. = = controversy = = companies interested in the contract included amazon, google, microsoft and oracle. after protests from google employees, google decided to drop out of contention for the contract because of conflict with its corporate values. the deal was considered " gift - wrapped for amazon " until oracle ( co - chaired by safra catz ) contested the contract, citing the national defense authorization act over idiq contracts and the conflicts of interest from deap ubhi, who worked for amazon both before and after his time in the department of defense. this led eric g. bruggink, senior judge of the united states court of federal claims, to place the contract award on hold. in august 2019, weeks before the winner was expected to be announced, president donald trump ordered the contract placed on hold again for defense secretary mark esper to investigate complaints of favoritism towards amazon. in october 2019, it was announced that the contract was awarded to microsoft. media has noted trump's dislike towards amazon's founder, jeff bezos, owner of the washington post, a newspaper critical of trump. according to bezos, trump " used his power to'screw amazon'out of the jedi contract ". the jedi contract was awarded to microsoft on october 25, 2019, the dod announced, but aws filed documents with the court of federal claims on november 22, 2019 challenging the award ; its legal strategy included calling trump to testify. a federal judge, patricia campbell - smith, halted microsoft's work on the project on february 13, 2020, a day before the system was scheduled to go live, awaiting a resolution in amazon's suit. she said that amazon's claims are reasonable and " is likely to succeed on the merits of its argument that the dod improperly evaluated " microsoft's offer. as a result, the dod was forced by a federal judge to reopen bidding for the contract. in the wake of that reopening, amazon has filed additional protests related to modifications which have been made to selected sections of the contract. recent dod legal filings have stated that the final award of the contract cannot take place until at least august 17, and may yet be delayed beyond that date as well. on
both encore and portfolio recovery associates were charged with violating the fair debt collection practices act ( fdcpa ), the dodd β frank wall street reform and consumer protection act by filing " lawsuits against consumers without having the intent to prove many of the debts, winning the vast majority of the lawsuits by default when consumers failed to defend themselves ". the u. s. federal consumer financial protection bureau imposed an enforcement action on encore for pressuring borrowers " to pay with false statements, with lawsuits and with the use of using so - called robo - signed court documents, " that was also used in mortgage processing in the subprime market. according to the new york times, encore must pay " $ 42 million in consumer refunds and a $ 10 million penalty " and an injunction to " stop collections on debts totaling more than $ 125 million ". = = = mass - produced lawsuits = = = according to the consumer financial protection bureau ( cfpb ) between 2009 and 2014 a debt collection agency, through its law firm, " mass - produced " " hundreds of thousands of lawsuits against consumers in new jersey, new york, and pennsylvania ". pressler & pressler " used an automated claim - preparation system ", " online database called anywho " and " non - attorney support staff " to " hunt for debtors " and to " determine which consumers to sue ". the attorneys " spent less than a few minutes, sometimes less than 30 seconds, reviewing each case before initiating a lawsuit ". by 2009, in new york city alone, collection agencies that had bought the debt for " pennies on the dollar from card issuers " issued high volumes of lawsuits in the city's civil court against debtors β approximately 1, 000 cases a day. andrew cuomo, who was attorney general of new york from january 1, 2007, to december 31, 2010, had " shut down " two collection firms and sued " 35 law firms tied to the business ". collection firms were fraudulently and sloppily " [ c ] onducting a digital dragnet " troll [ ing ] through " commercial databases searching for debtors ". in 2009, in a case before judge noach dear in brooklyn, t. andy wang, a lawyer with pressler & pressler revealed that pressler & pressler, " one of the biggest in the collection industry ", used the " online database called anywho to hunt for debtors ". they then summoned all those with the same name to court. judge dear called for
to collect the unpaid invoice amount from the transferor ( seller ). however, any merchandise returns that may diminish the invoice amount that is collectible from the accounts receivable are typically the responsibility of the seller, and the factor will typically hold back paying the seller for a portion of the receivable being sold ( the " factor's holdback receivable " ) in order to cover the merchandise returns associated with the factored receivables until the privilege to return the merchandise expires. there are four principal parts to the factoring transaction, all of which are recorded separately by an accountant who is responsible for recording the factoring transaction : the " fee " paid to the factor, the interest expense paid to the factor for the advance of money, the " bad debt expense " associated with portion of the receivables that the seller expects will remain unpaid and uncollectable, the " factor's holdback receivable " amount to cover merchandise returns, and ( e ) any additional " loss " or " gain " the seller must attribute to the sale of the receivables. sometimes the factor's charges paid by the seller ( the factor's " client " ) covers a discount fee, additional credit risk the factor must assume, and other services provided. the factor's overall profit is the difference between the price it paid for the invoice and the money received from the debtor, less the amount lost due to non - payment. = = rationale = = factoring is a method used by some firms to obtain cash. certain companies factor accounts when the available cash balance held by the firm is insufficient to meet current obligations and accommodate its other cash needs, such as new orders or contracts ; in other industries, however, such as textiles or apparel, for example, financially sound companies factor their accounts simply because this is the historic method of financing. the use of factoring to obtain the cash needed to accommodate a firm's immediate cash needs will allow the firm to maintain a smaller ongoing cash balance. by reducing the size of its cash balances, more money is made available for investment in the firm's growth. debt factoring is also used as a financial instrument to provide better cash flow control especially if a company currently has a lot of accounts receivables with different credit terms to manage. a company sells its invoices at a discount to their face value when it calculates that it will be better off using the proceeds to bo
attempt to standardize existing versions of unix into a single compatible system. such efforts had been undertaken in the past ( e. g., 3da ) and had generally failed, as the companies involved were too reliant on vendor lock - in to fully support a standard that would allow their customers to leave for other products. with monterey, two of the key partners already had a niche they expected to continue to serve in the future : power and ia - 64 for ibm, ia - 32 and ia - 64 for sco. the breakdown of project monterey was one of the factors leading to a lawsuit in 2003, where sco group sued ibm over their contributions to linux. ibm sold only 32 monterey licenses in 2001, and fewer in 2002. = = references = = = = external links = = project monterey developer program at the wayback machine ( archived 20 april 2001 )
Answer:
|
Yes, because it was the compromise of an honest dispute.
| null |
On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments within one month of completion if CP is successful in shortening by one-half the 17 processing time for the financial transactions now handled on HDS's Zenon 747 computer; CP to complete by July 1. This agreement may be amended only by a signed writing. On June 6, CP demanded $10,000, saying the job was one-half done. After HDS denied liability, the parties orally agreed that HDS should deposit $20,000 in escrow, pending completion to the satisfaction of HDS's computer systems manager. The escrow deposit was thereupon made. On July 5, CP completed the programs, having used an amount of time in which it could have earned $18,000 had it devoted that time to other jobs. Tests by CP and HDS's computer systems manager then showed that the computer programs, not being perfectly coordinated with HDS's billing methods, cut processing time by only 47 percent. They would, however, save HDS $12,000 a year. Further, if HDS would spend $5,000 to change its invoice preparation methods, as recommended by CP, the programs would cut processing time by a total of 58 percent, saving HDS another $8,000 a year. HDS's computer systems manager refused in good faith to certify satisfactory completion. HDS asked the escrow agent to return the $20,000 and asserted that nothing was owed to CP even though HDS continued to use the programs"Was the escrow agreement a valid modification?
0. Yes, because it was the compromise of an honest dispute.
1. Yes, because the Statute of Frauds does not apply to subsequent oral modifications.
2. No, because it was oral
3. No, because it was not supported by consideration.
issued a total recall and replaced the defective pentium cpus ( which were limited to some 60, 66, 75, 90, and 100 mhz models ) on customer request. the bug was discovered independently in october 1994 by thomas nicely, professor of mathematics at lynchburg college. he contacted intel but received no response. on october 30, he posted a message about his finding on the internet. word of the bug spread quickly and reached the industry press. the bug was easy to replicate ; a user could enter specific numbers into the calculator on the operating system. consequently, many users did not accept intel's statements that the error was minor and " not even an erratum ". during thanksgiving, in 1994, the new york times ran a piece by journalist john markoff spotlighting the error. intel changed its position and offered to replace every chip, quickly putting in place a large end - user support organization. this resulted in a $ 475 million charge against intel's 1994 revenue. nicely later learned that intel had discovered the fdiv bug in its own testing a few months before him ( but had decided not to inform customers ). the " pentium flaw " incident, intel's response to it, and the surrounding media coverage propelled intel from being a technology supplier generally unknown to most computer users to a household name. dovetailing with an uptick in the " intel inside " campaign, the episode is considered to have been a positive event for intel, changing some of its business practices to be more end - user focused and generating substantial public awareness, while avoiding a lasting negative impression. = = = intel core = = = the intel core line originated from the original core brand, with the release of the 32 - bit yonah cpu, intel's first dual - core mobile ( low - power ) processor. derived from the pentium m, the processor family used an enhanced version of the p6 microarchitecture. its successor, the core 2 family, was released on july 27, 2006. this was based on the intel core microarchitecture, and was a 64 - bit design. instead of focusing on higher clock rates, the core microarchitecture emphasized power efficiency and a return to lower clock speeds. it also provided more efficient decoding stages, execution units, caches, and buses, reducing the power consumption of core 2 - branded cpus while increasing their processing capacity. in november 2008, intel released the 1st - generation core processors based on the nehalem microarchi
the joint enterprise defense infrastructure ( jedi ) contract was a large united states department of defense cloud computing contract which has been reported as being worth $ 10 billion over ten years. jedi was meant to be a commercial off - the - shelf ( cots ) implementation of existing technology, while providing economies of scale to dod. = = controversy = = companies interested in the contract included amazon, google, microsoft and oracle. after protests from google employees, google decided to drop out of contention for the contract because of conflict with its corporate values. the deal was considered " gift - wrapped for amazon " until oracle ( co - chaired by safra catz ) contested the contract, citing the national defense authorization act over idiq contracts and the conflicts of interest from deap ubhi, who worked for amazon both before and after his time in the department of defense. this led eric g. bruggink, senior judge of the united states court of federal claims, to place the contract award on hold. in august 2019, weeks before the winner was expected to be announced, president donald trump ordered the contract placed on hold again for defense secretary mark esper to investigate complaints of favoritism towards amazon. in october 2019, it was announced that the contract was awarded to microsoft. media has noted trump's dislike towards amazon's founder, jeff bezos, owner of the washington post, a newspaper critical of trump. according to bezos, trump " used his power to'screw amazon'out of the jedi contract ". the jedi contract was awarded to microsoft on october 25, 2019, the dod announced, but aws filed documents with the court of federal claims on november 22, 2019 challenging the award ; its legal strategy included calling trump to testify. a federal judge, patricia campbell - smith, halted microsoft's work on the project on february 13, 2020, a day before the system was scheduled to go live, awaiting a resolution in amazon's suit. she said that amazon's claims are reasonable and " is likely to succeed on the merits of its argument that the dod improperly evaluated " microsoft's offer. as a result, the dod was forced by a federal judge to reopen bidding for the contract. in the wake of that reopening, amazon has filed additional protests related to modifications which have been made to selected sections of the contract. recent dod legal filings have stated that the final award of the contract cannot take place until at least august 17, and may yet be delayed beyond that date as well. on
both encore and portfolio recovery associates were charged with violating the fair debt collection practices act ( fdcpa ), the dodd β frank wall street reform and consumer protection act by filing " lawsuits against consumers without having the intent to prove many of the debts, winning the vast majority of the lawsuits by default when consumers failed to defend themselves ". the u. s. federal consumer financial protection bureau imposed an enforcement action on encore for pressuring borrowers " to pay with false statements, with lawsuits and with the use of using so - called robo - signed court documents, " that was also used in mortgage processing in the subprime market. according to the new york times, encore must pay " $ 42 million in consumer refunds and a $ 10 million penalty " and an injunction to " stop collections on debts totaling more than $ 125 million ". = = = mass - produced lawsuits = = = according to the consumer financial protection bureau ( cfpb ) between 2009 and 2014 a debt collection agency, through its law firm, " mass - produced " " hundreds of thousands of lawsuits against consumers in new jersey, new york, and pennsylvania ". pressler & pressler " used an automated claim - preparation system ", " online database called anywho " and " non - attorney support staff " to " hunt for debtors " and to " determine which consumers to sue ". the attorneys " spent less than a few minutes, sometimes less than 30 seconds, reviewing each case before initiating a lawsuit ". by 2009, in new york city alone, collection agencies that had bought the debt for " pennies on the dollar from card issuers " issued high volumes of lawsuits in the city's civil court against debtors β approximately 1, 000 cases a day. andrew cuomo, who was attorney general of new york from january 1, 2007, to december 31, 2010, had " shut down " two collection firms and sued " 35 law firms tied to the business ". collection firms were fraudulently and sloppily " [ c ] onducting a digital dragnet " troll [ ing ] through " commercial databases searching for debtors ". in 2009, in a case before judge noach dear in brooklyn, t. andy wang, a lawyer with pressler & pressler revealed that pressler & pressler, " one of the biggest in the collection industry ", used the " online database called anywho to hunt for debtors ". they then summoned all those with the same name to court. judge dear called for
to collect the unpaid invoice amount from the transferor ( seller ). however, any merchandise returns that may diminish the invoice amount that is collectible from the accounts receivable are typically the responsibility of the seller, and the factor will typically hold back paying the seller for a portion of the receivable being sold ( the " factor's holdback receivable " ) in order to cover the merchandise returns associated with the factored receivables until the privilege to return the merchandise expires. there are four principal parts to the factoring transaction, all of which are recorded separately by an accountant who is responsible for recording the factoring transaction : the " fee " paid to the factor, the interest expense paid to the factor for the advance of money, the " bad debt expense " associated with portion of the receivables that the seller expects will remain unpaid and uncollectable, the " factor's holdback receivable " amount to cover merchandise returns, and ( e ) any additional " loss " or " gain " the seller must attribute to the sale of the receivables. sometimes the factor's charges paid by the seller ( the factor's " client " ) covers a discount fee, additional credit risk the factor must assume, and other services provided. the factor's overall profit is the difference between the price it paid for the invoice and the money received from the debtor, less the amount lost due to non - payment. = = rationale = = factoring is a method used by some firms to obtain cash. certain companies factor accounts when the available cash balance held by the firm is insufficient to meet current obligations and accommodate its other cash needs, such as new orders or contracts ; in other industries, however, such as textiles or apparel, for example, financially sound companies factor their accounts simply because this is the historic method of financing. the use of factoring to obtain the cash needed to accommodate a firm's immediate cash needs will allow the firm to maintain a smaller ongoing cash balance. by reducing the size of its cash balances, more money is made available for investment in the firm's growth. debt factoring is also used as a financial instrument to provide better cash flow control especially if a company currently has a lot of accounts receivables with different credit terms to manage. a company sells its invoices at a discount to their face value when it calculates that it will be better off using the proceeds to bo
attempt to standardize existing versions of unix into a single compatible system. such efforts had been undertaken in the past ( e. g., 3da ) and had generally failed, as the companies involved were too reliant on vendor lock - in to fully support a standard that would allow their customers to leave for other products. with monterey, two of the key partners already had a niche they expected to continue to serve in the future : power and ia - 64 for ibm, ia - 32 and ia - 64 for sco. the breakdown of project monterey was one of the factors leading to a lawsuit in 2003, where sco group sued ibm over their contributions to linux. ibm sold only 32 monterey licenses in 2001, and fewer in 2002. = = references = = = = external links = = project monterey developer program at the wayback machine ( archived 20 april 2001 )
Answer:
|
No, because it was not supported by consideration.
| 0.3 |
On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments within one month of completion if CP is successful in shortening by one-half the 17 processing time for the financial transactions now handled on HDS's Zenon 747 computer; CP to complete by July 1. This agreement may be amended only by a signed writing. On June 6, CP demanded $10,000, saying the job was one-half done. After HDS denied liability, the parties orally agreed that HDS should deposit $20,000 in escrow, pending completion to the satisfaction of HDS's computer systems manager. The escrow deposit was thereupon made. On July 5, CP completed the programs, having used an amount of time in which it could have earned $18,000 had it devoted that time to other jobs. Tests by CP and HDS's computer systems manager then showed that the computer programs, not being perfectly coordinated with HDS's billing methods, cut processing time by only 47 percent. They would, however, save HDS $12,000 a year. Further, if HDS would spend $5,000 to change its invoice preparation methods, as recommended by CP, the programs would cut processing time by a total of 58 percent, saving HDS another $8,000 a year. HDS's computer systems manager refused in good faith to certify satisfactory completion. HDS asked the escrow agent to return the $20,000 and asserted that nothing was owed to CP even though HDS continued to use the programs"Assume for this question only that the programs completed on July 5 had cut processing time by one-half for all of HDS's financial transactions. Is HDS entitled to renounce the contract because of CP's delay in completion?
0. Yes, because "CP to complete by July 1" is an express condition.
1. Yes, because the doctrine of substantial performance does not apply to commercial contracts.
2. No, because both parties manifested an understanding that time was not of the essence.
3. No, because the contract did not contain a liquidated damages clause dealing with delay in completion
issued a total recall and replaced the defective pentium cpus ( which were limited to some 60, 66, 75, 90, and 100 mhz models ) on customer request. the bug was discovered independently in october 1994 by thomas nicely, professor of mathematics at lynchburg college. he contacted intel but received no response. on october 30, he posted a message about his finding on the internet. word of the bug spread quickly and reached the industry press. the bug was easy to replicate ; a user could enter specific numbers into the calculator on the operating system. consequently, many users did not accept intel's statements that the error was minor and " not even an erratum ". during thanksgiving, in 1994, the new york times ran a piece by journalist john markoff spotlighting the error. intel changed its position and offered to replace every chip, quickly putting in place a large end - user support organization. this resulted in a $ 475 million charge against intel's 1994 revenue. nicely later learned that intel had discovered the fdiv bug in its own testing a few months before him ( but had decided not to inform customers ). the " pentium flaw " incident, intel's response to it, and the surrounding media coverage propelled intel from being a technology supplier generally unknown to most computer users to a household name. dovetailing with an uptick in the " intel inside " campaign, the episode is considered to have been a positive event for intel, changing some of its business practices to be more end - user focused and generating substantial public awareness, while avoiding a lasting negative impression. = = = intel core = = = the intel core line originated from the original core brand, with the release of the 32 - bit yonah cpu, intel's first dual - core mobile ( low - power ) processor. derived from the pentium m, the processor family used an enhanced version of the p6 microarchitecture. its successor, the core 2 family, was released on july 27, 2006. this was based on the intel core microarchitecture, and was a 64 - bit design. instead of focusing on higher clock rates, the core microarchitecture emphasized power efficiency and a return to lower clock speeds. it also provided more efficient decoding stages, execution units, caches, and buses, reducing the power consumption of core 2 - branded cpus while increasing their processing capacity. in november 2008, intel released the 1st - generation core processors based on the nehalem microarchi
the joint enterprise defense infrastructure ( jedi ) contract was a large united states department of defense cloud computing contract which has been reported as being worth $ 10 billion over ten years. jedi was meant to be a commercial off - the - shelf ( cots ) implementation of existing technology, while providing economies of scale to dod. = = controversy = = companies interested in the contract included amazon, google, microsoft and oracle. after protests from google employees, google decided to drop out of contention for the contract because of conflict with its corporate values. the deal was considered " gift - wrapped for amazon " until oracle ( co - chaired by safra catz ) contested the contract, citing the national defense authorization act over idiq contracts and the conflicts of interest from deap ubhi, who worked for amazon both before and after his time in the department of defense. this led eric g. bruggink, senior judge of the united states court of federal claims, to place the contract award on hold. in august 2019, weeks before the winner was expected to be announced, president donald trump ordered the contract placed on hold again for defense secretary mark esper to investigate complaints of favoritism towards amazon. in october 2019, it was announced that the contract was awarded to microsoft. media has noted trump's dislike towards amazon's founder, jeff bezos, owner of the washington post, a newspaper critical of trump. according to bezos, trump " used his power to'screw amazon'out of the jedi contract ". the jedi contract was awarded to microsoft on october 25, 2019, the dod announced, but aws filed documents with the court of federal claims on november 22, 2019 challenging the award ; its legal strategy included calling trump to testify. a federal judge, patricia campbell - smith, halted microsoft's work on the project on february 13, 2020, a day before the system was scheduled to go live, awaiting a resolution in amazon's suit. she said that amazon's claims are reasonable and " is likely to succeed on the merits of its argument that the dod improperly evaluated " microsoft's offer. as a result, the dod was forced by a federal judge to reopen bidding for the contract. in the wake of that reopening, amazon has filed additional protests related to modifications which have been made to selected sections of the contract. recent dod legal filings have stated that the final award of the contract cannot take place until at least august 17, and may yet be delayed beyond that date as well. on
both encore and portfolio recovery associates were charged with violating the fair debt collection practices act ( fdcpa ), the dodd β frank wall street reform and consumer protection act by filing " lawsuits against consumers without having the intent to prove many of the debts, winning the vast majority of the lawsuits by default when consumers failed to defend themselves ". the u. s. federal consumer financial protection bureau imposed an enforcement action on encore for pressuring borrowers " to pay with false statements, with lawsuits and with the use of using so - called robo - signed court documents, " that was also used in mortgage processing in the subprime market. according to the new york times, encore must pay " $ 42 million in consumer refunds and a $ 10 million penalty " and an injunction to " stop collections on debts totaling more than $ 125 million ". = = = mass - produced lawsuits = = = according to the consumer financial protection bureau ( cfpb ) between 2009 and 2014 a debt collection agency, through its law firm, " mass - produced " " hundreds of thousands of lawsuits against consumers in new jersey, new york, and pennsylvania ". pressler & pressler " used an automated claim - preparation system ", " online database called anywho " and " non - attorney support staff " to " hunt for debtors " and to " determine which consumers to sue ". the attorneys " spent less than a few minutes, sometimes less than 30 seconds, reviewing each case before initiating a lawsuit ". by 2009, in new york city alone, collection agencies that had bought the debt for " pennies on the dollar from card issuers " issued high volumes of lawsuits in the city's civil court against debtors β approximately 1, 000 cases a day. andrew cuomo, who was attorney general of new york from january 1, 2007, to december 31, 2010, had " shut down " two collection firms and sued " 35 law firms tied to the business ". collection firms were fraudulently and sloppily " [ c ] onducting a digital dragnet " troll [ ing ] through " commercial databases searching for debtors ". in 2009, in a case before judge noach dear in brooklyn, t. andy wang, a lawyer with pressler & pressler revealed that pressler & pressler, " one of the biggest in the collection industry ", used the " online database called anywho to hunt for debtors ". they then summoned all those with the same name to court. judge dear called for
to collect the unpaid invoice amount from the transferor ( seller ). however, any merchandise returns that may diminish the invoice amount that is collectible from the accounts receivable are typically the responsibility of the seller, and the factor will typically hold back paying the seller for a portion of the receivable being sold ( the " factor's holdback receivable " ) in order to cover the merchandise returns associated with the factored receivables until the privilege to return the merchandise expires. there are four principal parts to the factoring transaction, all of which are recorded separately by an accountant who is responsible for recording the factoring transaction : the " fee " paid to the factor, the interest expense paid to the factor for the advance of money, the " bad debt expense " associated with portion of the receivables that the seller expects will remain unpaid and uncollectable, the " factor's holdback receivable " amount to cover merchandise returns, and ( e ) any additional " loss " or " gain " the seller must attribute to the sale of the receivables. sometimes the factor's charges paid by the seller ( the factor's " client " ) covers a discount fee, additional credit risk the factor must assume, and other services provided. the factor's overall profit is the difference between the price it paid for the invoice and the money received from the debtor, less the amount lost due to non - payment. = = rationale = = factoring is a method used by some firms to obtain cash. certain companies factor accounts when the available cash balance held by the firm is insufficient to meet current obligations and accommodate its other cash needs, such as new orders or contracts ; in other industries, however, such as textiles or apparel, for example, financially sound companies factor their accounts simply because this is the historic method of financing. the use of factoring to obtain the cash needed to accommodate a firm's immediate cash needs will allow the firm to maintain a smaller ongoing cash balance. by reducing the size of its cash balances, more money is made available for investment in the firm's growth. debt factoring is also used as a financial instrument to provide better cash flow control especially if a company currently has a lot of accounts receivables with different credit terms to manage. a company sells its invoices at a discount to their face value when it calculates that it will be better off using the proceeds to bo
attempt to standardize existing versions of unix into a single compatible system. such efforts had been undertaken in the past ( e. g., 3da ) and had generally failed, as the companies involved were too reliant on vendor lock - in to fully support a standard that would allow their customers to leave for other products. with monterey, two of the key partners already had a niche they expected to continue to serve in the future : power and ia - 64 for ibm, ia - 32 and ia - 64 for sco. the breakdown of project monterey was one of the factors leading to a lawsuit in 2003, where sco group sued ibm over their contributions to linux. ibm sold only 32 monterey licenses in 2001, and fewer in 2002. = = references = = = = external links = = project monterey developer program at the wayback machine ( archived 20 april 2001 )
Answer:
|
No, because both parties manifested an understanding that time was not of the essence.
| null |
On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments within one month of completion if CP is successful in shortening by one-half the 17 processing time for the financial transactions now handled on HDS's Zenon 747 computer; CP to complete by July 1. This agreement may be amended only by a signed writing. On June 6, CP demanded $10,000, saying the job was one-half done. After HDS denied liability, the parties orally agreed that HDS should deposit $20,000 in escrow, pending completion to the satisfaction of HDS's computer systems manager. The escrow deposit was thereupon made. On July 5, CP completed the programs, having used an amount of time in which it could have earned $18,000 had it devoted that time to other jobs. Tests by CP and HDS's computer systems manager then showed that the computer programs, not being perfectly coordinated with HDS's billing methods, cut processing time by only 47 percent. They would, however, save HDS $12,000 a year. Further, if HDS would spend $5,000 to change its invoice preparation methods, as recommended by CP, the programs would cut processing time by a total of 58 percent, saving HDS another $8,000 a year. HDS's computer systems manager refused in good faith to certify satisfactory completion. HDS asked the escrow agent to return the $20,000 and asserted that nothing was owed to CP even though HDS continued to use the programs"Assume for this question only that the programs completed on July 5 had cut processing time by one-half for all of HDS's financial transactions. Is HDS entitled to renounce the contract because of CP's delay in completion?
0. Yes, because "CP to complete by July 1" is an express condition.
1. Yes, because the doctrine of substantial performance does not apply to commercial contracts.
2. No, because both parties manifested an understanding that time was not of the essence.
3. No, because the contract did not contain a liquidated damages clause dealing with delay in completion
issued a total recall and replaced the defective pentium cpus ( which were limited to some 60, 66, 75, 90, and 100 mhz models ) on customer request. the bug was discovered independently in october 1994 by thomas nicely, professor of mathematics at lynchburg college. he contacted intel but received no response. on october 30, he posted a message about his finding on the internet. word of the bug spread quickly and reached the industry press. the bug was easy to replicate ; a user could enter specific numbers into the calculator on the operating system. consequently, many users did not accept intel's statements that the error was minor and " not even an erratum ". during thanksgiving, in 1994, the new york times ran a piece by journalist john markoff spotlighting the error. intel changed its position and offered to replace every chip, quickly putting in place a large end - user support organization. this resulted in a $ 475 million charge against intel's 1994 revenue. nicely later learned that intel had discovered the fdiv bug in its own testing a few months before him ( but had decided not to inform customers ). the " pentium flaw " incident, intel's response to it, and the surrounding media coverage propelled intel from being a technology supplier generally unknown to most computer users to a household name. dovetailing with an uptick in the " intel inside " campaign, the episode is considered to have been a positive event for intel, changing some of its business practices to be more end - user focused and generating substantial public awareness, while avoiding a lasting negative impression. = = = intel core = = = the intel core line originated from the original core brand, with the release of the 32 - bit yonah cpu, intel's first dual - core mobile ( low - power ) processor. derived from the pentium m, the processor family used an enhanced version of the p6 microarchitecture. its successor, the core 2 family, was released on july 27, 2006. this was based on the intel core microarchitecture, and was a 64 - bit design. instead of focusing on higher clock rates, the core microarchitecture emphasized power efficiency and a return to lower clock speeds. it also provided more efficient decoding stages, execution units, caches, and buses, reducing the power consumption of core 2 - branded cpus while increasing their processing capacity. in november 2008, intel released the 1st - generation core processors based on the nehalem microarchi
the joint enterprise defense infrastructure ( jedi ) contract was a large united states department of defense cloud computing contract which has been reported as being worth $ 10 billion over ten years. jedi was meant to be a commercial off - the - shelf ( cots ) implementation of existing technology, while providing economies of scale to dod. = = controversy = = companies interested in the contract included amazon, google, microsoft and oracle. after protests from google employees, google decided to drop out of contention for the contract because of conflict with its corporate values. the deal was considered " gift - wrapped for amazon " until oracle ( co - chaired by safra catz ) contested the contract, citing the national defense authorization act over idiq contracts and the conflicts of interest from deap ubhi, who worked for amazon both before and after his time in the department of defense. this led eric g. bruggink, senior judge of the united states court of federal claims, to place the contract award on hold. in august 2019, weeks before the winner was expected to be announced, president donald trump ordered the contract placed on hold again for defense secretary mark esper to investigate complaints of favoritism towards amazon. in october 2019, it was announced that the contract was awarded to microsoft. media has noted trump's dislike towards amazon's founder, jeff bezos, owner of the washington post, a newspaper critical of trump. according to bezos, trump " used his power to'screw amazon'out of the jedi contract ". the jedi contract was awarded to microsoft on october 25, 2019, the dod announced, but aws filed documents with the court of federal claims on november 22, 2019 challenging the award ; its legal strategy included calling trump to testify. a federal judge, patricia campbell - smith, halted microsoft's work on the project on february 13, 2020, a day before the system was scheduled to go live, awaiting a resolution in amazon's suit. she said that amazon's claims are reasonable and " is likely to succeed on the merits of its argument that the dod improperly evaluated " microsoft's offer. as a result, the dod was forced by a federal judge to reopen bidding for the contract. in the wake of that reopening, amazon has filed additional protests related to modifications which have been made to selected sections of the contract. recent dod legal filings have stated that the final award of the contract cannot take place until at least august 17, and may yet be delayed beyond that date as well. on
both encore and portfolio recovery associates were charged with violating the fair debt collection practices act ( fdcpa ), the dodd β frank wall street reform and consumer protection act by filing " lawsuits against consumers without having the intent to prove many of the debts, winning the vast majority of the lawsuits by default when consumers failed to defend themselves ". the u. s. federal consumer financial protection bureau imposed an enforcement action on encore for pressuring borrowers " to pay with false statements, with lawsuits and with the use of using so - called robo - signed court documents, " that was also used in mortgage processing in the subprime market. according to the new york times, encore must pay " $ 42 million in consumer refunds and a $ 10 million penalty " and an injunction to " stop collections on debts totaling more than $ 125 million ". = = = mass - produced lawsuits = = = according to the consumer financial protection bureau ( cfpb ) between 2009 and 2014 a debt collection agency, through its law firm, " mass - produced " " hundreds of thousands of lawsuits against consumers in new jersey, new york, and pennsylvania ". pressler & pressler " used an automated claim - preparation system ", " online database called anywho " and " non - attorney support staff " to " hunt for debtors " and to " determine which consumers to sue ". the attorneys " spent less than a few minutes, sometimes less than 30 seconds, reviewing each case before initiating a lawsuit ". by 2009, in new york city alone, collection agencies that had bought the debt for " pennies on the dollar from card issuers " issued high volumes of lawsuits in the city's civil court against debtors β approximately 1, 000 cases a day. andrew cuomo, who was attorney general of new york from january 1, 2007, to december 31, 2010, had " shut down " two collection firms and sued " 35 law firms tied to the business ". collection firms were fraudulently and sloppily " [ c ] onducting a digital dragnet " troll [ ing ] through " commercial databases searching for debtors ". in 2009, in a case before judge noach dear in brooklyn, t. andy wang, a lawyer with pressler & pressler revealed that pressler & pressler, " one of the biggest in the collection industry ", used the " online database called anywho to hunt for debtors ". they then summoned all those with the same name to court. judge dear called for
to collect the unpaid invoice amount from the transferor ( seller ). however, any merchandise returns that may diminish the invoice amount that is collectible from the accounts receivable are typically the responsibility of the seller, and the factor will typically hold back paying the seller for a portion of the receivable being sold ( the " factor's holdback receivable " ) in order to cover the merchandise returns associated with the factored receivables until the privilege to return the merchandise expires. there are four principal parts to the factoring transaction, all of which are recorded separately by an accountant who is responsible for recording the factoring transaction : the " fee " paid to the factor, the interest expense paid to the factor for the advance of money, the " bad debt expense " associated with portion of the receivables that the seller expects will remain unpaid and uncollectable, the " factor's holdback receivable " amount to cover merchandise returns, and ( e ) any additional " loss " or " gain " the seller must attribute to the sale of the receivables. sometimes the factor's charges paid by the seller ( the factor's " client " ) covers a discount fee, additional credit risk the factor must assume, and other services provided. the factor's overall profit is the difference between the price it paid for the invoice and the money received from the debtor, less the amount lost due to non - payment. = = rationale = = factoring is a method used by some firms to obtain cash. certain companies factor accounts when the available cash balance held by the firm is insufficient to meet current obligations and accommodate its other cash needs, such as new orders or contracts ; in other industries, however, such as textiles or apparel, for example, financially sound companies factor their accounts simply because this is the historic method of financing. the use of factoring to obtain the cash needed to accommodate a firm's immediate cash needs will allow the firm to maintain a smaller ongoing cash balance. by reducing the size of its cash balances, more money is made available for investment in the firm's growth. debt factoring is also used as a financial instrument to provide better cash flow control especially if a company currently has a lot of accounts receivables with different credit terms to manage. a company sells its invoices at a discount to their face value when it calculates that it will be better off using the proceeds to bo
attempt to standardize existing versions of unix into a single compatible system. such efforts had been undertaken in the past ( e. g., 3da ) and had generally failed, as the companies involved were too reliant on vendor lock - in to fully support a standard that would allow their customers to leave for other products. with monterey, two of the key partners already had a niche they expected to continue to serve in the future : power and ia - 64 for ibm, ia - 32 and ia - 64 for sco. the breakdown of project monterey was one of the factors leading to a lawsuit in 2003, where sco group sued ibm over their contributions to linux. ibm sold only 32 monterey licenses in 2001, and fewer in 2002. = = references = = = = external links = = project monterey developer program at the wayback machine ( archived 20 april 2001 )
Answer:
|
Yes, because the doctrine of substantial performance does not apply to commercial contracts.
| 0.3 |
On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments within one month of completion if CP is successful in shortening by one-half the 17 processing time for the financial transactions now handled on HDS's Zenon 747 computer; CP to complete by July 1. This agreement may be amended only by a signed writing. On June 6, CP demanded $10,000, saying the job was one-half done. After HDS denied liability, the parties orally agreed that HDS should deposit $20,000 in escrow, pending completion to the satisfaction of HDS's computer systems manager. The escrow deposit was thereupon made. On July 5, CP completed the programs, having used an amount of time in which it could have earned $18,000 had it devoted that time to other jobs. Tests by CP and HDS's computer systems manager then showed that the computer programs, not being perfectly coordinated with HDS's billing methods, cut processing time by only 47 percent. They would, however, save HDS $12,000 a year. Further, if HDS would spend $5,000 to change its invoice preparation methods, as recommended by CP, the programs would cut processing time by a total of 58 percent, saving HDS another $8,000 a year. HDS's computer systems manager refused in good faith to certify satisfactory completion. HDS asked the escrow agent to return the $20,000 and asserted that nothing was owed to CP even though HDS continued to use the programs"Assume for this question only that CP's delay in completion did not give HDS the right to renounce the contract and that the parties' escrow agreement was enforceable. Is CP entitled to recover damages for breach of the contract?
0. Yes, because CP had substantially performed.
1. Yes, because the program would save HDS $12,000 a year.
2. No, because shortening the processing time by one-half was an express condition subsequent.
3. No, because HDS's computer systems manager did not certify satisfactory completion of the programs
issued a total recall and replaced the defective pentium cpus ( which were limited to some 60, 66, 75, 90, and 100 mhz models ) on customer request. the bug was discovered independently in october 1994 by thomas nicely, professor of mathematics at lynchburg college. he contacted intel but received no response. on october 30, he posted a message about his finding on the internet. word of the bug spread quickly and reached the industry press. the bug was easy to replicate ; a user could enter specific numbers into the calculator on the operating system. consequently, many users did not accept intel's statements that the error was minor and " not even an erratum ". during thanksgiving, in 1994, the new york times ran a piece by journalist john markoff spotlighting the error. intel changed its position and offered to replace every chip, quickly putting in place a large end - user support organization. this resulted in a $ 475 million charge against intel's 1994 revenue. nicely later learned that intel had discovered the fdiv bug in its own testing a few months before him ( but had decided not to inform customers ). the " pentium flaw " incident, intel's response to it, and the surrounding media coverage propelled intel from being a technology supplier generally unknown to most computer users to a household name. dovetailing with an uptick in the " intel inside " campaign, the episode is considered to have been a positive event for intel, changing some of its business practices to be more end - user focused and generating substantial public awareness, while avoiding a lasting negative impression. = = = intel core = = = the intel core line originated from the original core brand, with the release of the 32 - bit yonah cpu, intel's first dual - core mobile ( low - power ) processor. derived from the pentium m, the processor family used an enhanced version of the p6 microarchitecture. its successor, the core 2 family, was released on july 27, 2006. this was based on the intel core microarchitecture, and was a 64 - bit design. instead of focusing on higher clock rates, the core microarchitecture emphasized power efficiency and a return to lower clock speeds. it also provided more efficient decoding stages, execution units, caches, and buses, reducing the power consumption of core 2 - branded cpus while increasing their processing capacity. in november 2008, intel released the 1st - generation core processors based on the nehalem microarchi
the joint enterprise defense infrastructure ( jedi ) contract was a large united states department of defense cloud computing contract which has been reported as being worth $ 10 billion over ten years. jedi was meant to be a commercial off - the - shelf ( cots ) implementation of existing technology, while providing economies of scale to dod. = = controversy = = companies interested in the contract included amazon, google, microsoft and oracle. after protests from google employees, google decided to drop out of contention for the contract because of conflict with its corporate values. the deal was considered " gift - wrapped for amazon " until oracle ( co - chaired by safra catz ) contested the contract, citing the national defense authorization act over idiq contracts and the conflicts of interest from deap ubhi, who worked for amazon both before and after his time in the department of defense. this led eric g. bruggink, senior judge of the united states court of federal claims, to place the contract award on hold. in august 2019, weeks before the winner was expected to be announced, president donald trump ordered the contract placed on hold again for defense secretary mark esper to investigate complaints of favoritism towards amazon. in october 2019, it was announced that the contract was awarded to microsoft. media has noted trump's dislike towards amazon's founder, jeff bezos, owner of the washington post, a newspaper critical of trump. according to bezos, trump " used his power to'screw amazon'out of the jedi contract ". the jedi contract was awarded to microsoft on october 25, 2019, the dod announced, but aws filed documents with the court of federal claims on november 22, 2019 challenging the award ; its legal strategy included calling trump to testify. a federal judge, patricia campbell - smith, halted microsoft's work on the project on february 13, 2020, a day before the system was scheduled to go live, awaiting a resolution in amazon's suit. she said that amazon's claims are reasonable and " is likely to succeed on the merits of its argument that the dod improperly evaluated " microsoft's offer. as a result, the dod was forced by a federal judge to reopen bidding for the contract. in the wake of that reopening, amazon has filed additional protests related to modifications which have been made to selected sections of the contract. recent dod legal filings have stated that the final award of the contract cannot take place until at least august 17, and may yet be delayed beyond that date as well. on
both encore and portfolio recovery associates were charged with violating the fair debt collection practices act ( fdcpa ), the dodd β frank wall street reform and consumer protection act by filing " lawsuits against consumers without having the intent to prove many of the debts, winning the vast majority of the lawsuits by default when consumers failed to defend themselves ". the u. s. federal consumer financial protection bureau imposed an enforcement action on encore for pressuring borrowers " to pay with false statements, with lawsuits and with the use of using so - called robo - signed court documents, " that was also used in mortgage processing in the subprime market. according to the new york times, encore must pay " $ 42 million in consumer refunds and a $ 10 million penalty " and an injunction to " stop collections on debts totaling more than $ 125 million ". = = = mass - produced lawsuits = = = according to the consumer financial protection bureau ( cfpb ) between 2009 and 2014 a debt collection agency, through its law firm, " mass - produced " " hundreds of thousands of lawsuits against consumers in new jersey, new york, and pennsylvania ". pressler & pressler " used an automated claim - preparation system ", " online database called anywho " and " non - attorney support staff " to " hunt for debtors " and to " determine which consumers to sue ". the attorneys " spent less than a few minutes, sometimes less than 30 seconds, reviewing each case before initiating a lawsuit ". by 2009, in new york city alone, collection agencies that had bought the debt for " pennies on the dollar from card issuers " issued high volumes of lawsuits in the city's civil court against debtors β approximately 1, 000 cases a day. andrew cuomo, who was attorney general of new york from january 1, 2007, to december 31, 2010, had " shut down " two collection firms and sued " 35 law firms tied to the business ". collection firms were fraudulently and sloppily " [ c ] onducting a digital dragnet " troll [ ing ] through " commercial databases searching for debtors ". in 2009, in a case before judge noach dear in brooklyn, t. andy wang, a lawyer with pressler & pressler revealed that pressler & pressler, " one of the biggest in the collection industry ", used the " online database called anywho to hunt for debtors ". they then summoned all those with the same name to court. judge dear called for
to collect the unpaid invoice amount from the transferor ( seller ). however, any merchandise returns that may diminish the invoice amount that is collectible from the accounts receivable are typically the responsibility of the seller, and the factor will typically hold back paying the seller for a portion of the receivable being sold ( the " factor's holdback receivable " ) in order to cover the merchandise returns associated with the factored receivables until the privilege to return the merchandise expires. there are four principal parts to the factoring transaction, all of which are recorded separately by an accountant who is responsible for recording the factoring transaction : the " fee " paid to the factor, the interest expense paid to the factor for the advance of money, the " bad debt expense " associated with portion of the receivables that the seller expects will remain unpaid and uncollectable, the " factor's holdback receivable " amount to cover merchandise returns, and ( e ) any additional " loss " or " gain " the seller must attribute to the sale of the receivables. sometimes the factor's charges paid by the seller ( the factor's " client " ) covers a discount fee, additional credit risk the factor must assume, and other services provided. the factor's overall profit is the difference between the price it paid for the invoice and the money received from the debtor, less the amount lost due to non - payment. = = rationale = = factoring is a method used by some firms to obtain cash. certain companies factor accounts when the available cash balance held by the firm is insufficient to meet current obligations and accommodate its other cash needs, such as new orders or contracts ; in other industries, however, such as textiles or apparel, for example, financially sound companies factor their accounts simply because this is the historic method of financing. the use of factoring to obtain the cash needed to accommodate a firm's immediate cash needs will allow the firm to maintain a smaller ongoing cash balance. by reducing the size of its cash balances, more money is made available for investment in the firm's growth. debt factoring is also used as a financial instrument to provide better cash flow control especially if a company currently has a lot of accounts receivables with different credit terms to manage. a company sells its invoices at a discount to their face value when it calculates that it will be better off using the proceeds to bo
attempt to standardize existing versions of unix into a single compatible system. such efforts had been undertaken in the past ( e. g., 3da ) and had generally failed, as the companies involved were too reliant on vendor lock - in to fully support a standard that would allow their customers to leave for other products. with monterey, two of the key partners already had a niche they expected to continue to serve in the future : power and ia - 64 for ibm, ia - 32 and ia - 64 for sco. the breakdown of project monterey was one of the factors leading to a lawsuit in 2003, where sco group sued ibm over their contributions to linux. ibm sold only 32 monterey licenses in 2001, and fewer in 2002. = = references = = = = external links = = project monterey developer program at the wayback machine ( archived 20 april 2001 )
Answer:
|
No, because HDS's computer systems manager did not certify satisfactory completion of the programs
| null |
On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments within one month of completion if CP is successful in shortening by one-half the 17 processing time for the financial transactions now handled on HDS's Zenon 747 computer; CP to complete by July 1. This agreement may be amended only by a signed writing. On June 6, CP demanded $10,000, saying the job was one-half done. After HDS denied liability, the parties orally agreed that HDS should deposit $20,000 in escrow, pending completion to the satisfaction of HDS's computer systems manager. The escrow deposit was thereupon made. On July 5, CP completed the programs, having used an amount of time in which it could have earned $18,000 had it devoted that time to other jobs. Tests by CP and HDS's computer systems manager then showed that the computer programs, not being perfectly coordinated with HDS's billing methods, cut processing time by only 47 percent. They would, however, save HDS $12,000 a year. Further, if HDS would spend $5,000 to change its invoice preparation methods, as recommended by CP, the programs would cut processing time by a total of 58 percent, saving HDS another $8,000 a year. HDS's computer systems manager refused in good faith to certify satisfactory completion. HDS asked the escrow agent to return the $20,000 and asserted that nothing was owed to CP even though HDS continued to use the programs"Assume for this question only that CP's delay in completion did not give HDS the right to renounce the contract and that the parties' escrow agreement was enforceable. Is CP entitled to recover damages for breach of the contract?
0. Yes, because CP had substantially performed.
1. Yes, because the program would save HDS $12,000 a year.
2. No, because shortening the processing time by one-half was an express condition subsequent.
3. No, because HDS's computer systems manager did not certify satisfactory completion of the programs
issued a total recall and replaced the defective pentium cpus ( which were limited to some 60, 66, 75, 90, and 100 mhz models ) on customer request. the bug was discovered independently in october 1994 by thomas nicely, professor of mathematics at lynchburg college. he contacted intel but received no response. on october 30, he posted a message about his finding on the internet. word of the bug spread quickly and reached the industry press. the bug was easy to replicate ; a user could enter specific numbers into the calculator on the operating system. consequently, many users did not accept intel's statements that the error was minor and " not even an erratum ". during thanksgiving, in 1994, the new york times ran a piece by journalist john markoff spotlighting the error. intel changed its position and offered to replace every chip, quickly putting in place a large end - user support organization. this resulted in a $ 475 million charge against intel's 1994 revenue. nicely later learned that intel had discovered the fdiv bug in its own testing a few months before him ( but had decided not to inform customers ). the " pentium flaw " incident, intel's response to it, and the surrounding media coverage propelled intel from being a technology supplier generally unknown to most computer users to a household name. dovetailing with an uptick in the " intel inside " campaign, the episode is considered to have been a positive event for intel, changing some of its business practices to be more end - user focused and generating substantial public awareness, while avoiding a lasting negative impression. = = = intel core = = = the intel core line originated from the original core brand, with the release of the 32 - bit yonah cpu, intel's first dual - core mobile ( low - power ) processor. derived from the pentium m, the processor family used an enhanced version of the p6 microarchitecture. its successor, the core 2 family, was released on july 27, 2006. this was based on the intel core microarchitecture, and was a 64 - bit design. instead of focusing on higher clock rates, the core microarchitecture emphasized power efficiency and a return to lower clock speeds. it also provided more efficient decoding stages, execution units, caches, and buses, reducing the power consumption of core 2 - branded cpus while increasing their processing capacity. in november 2008, intel released the 1st - generation core processors based on the nehalem microarchi
the joint enterprise defense infrastructure ( jedi ) contract was a large united states department of defense cloud computing contract which has been reported as being worth $ 10 billion over ten years. jedi was meant to be a commercial off - the - shelf ( cots ) implementation of existing technology, while providing economies of scale to dod. = = controversy = = companies interested in the contract included amazon, google, microsoft and oracle. after protests from google employees, google decided to drop out of contention for the contract because of conflict with its corporate values. the deal was considered " gift - wrapped for amazon " until oracle ( co - chaired by safra catz ) contested the contract, citing the national defense authorization act over idiq contracts and the conflicts of interest from deap ubhi, who worked for amazon both before and after his time in the department of defense. this led eric g. bruggink, senior judge of the united states court of federal claims, to place the contract award on hold. in august 2019, weeks before the winner was expected to be announced, president donald trump ordered the contract placed on hold again for defense secretary mark esper to investigate complaints of favoritism towards amazon. in october 2019, it was announced that the contract was awarded to microsoft. media has noted trump's dislike towards amazon's founder, jeff bezos, owner of the washington post, a newspaper critical of trump. according to bezos, trump " used his power to'screw amazon'out of the jedi contract ". the jedi contract was awarded to microsoft on october 25, 2019, the dod announced, but aws filed documents with the court of federal claims on november 22, 2019 challenging the award ; its legal strategy included calling trump to testify. a federal judge, patricia campbell - smith, halted microsoft's work on the project on february 13, 2020, a day before the system was scheduled to go live, awaiting a resolution in amazon's suit. she said that amazon's claims are reasonable and " is likely to succeed on the merits of its argument that the dod improperly evaluated " microsoft's offer. as a result, the dod was forced by a federal judge to reopen bidding for the contract. in the wake of that reopening, amazon has filed additional protests related to modifications which have been made to selected sections of the contract. recent dod legal filings have stated that the final award of the contract cannot take place until at least august 17, and may yet be delayed beyond that date as well. on
both encore and portfolio recovery associates were charged with violating the fair debt collection practices act ( fdcpa ), the dodd β frank wall street reform and consumer protection act by filing " lawsuits against consumers without having the intent to prove many of the debts, winning the vast majority of the lawsuits by default when consumers failed to defend themselves ". the u. s. federal consumer financial protection bureau imposed an enforcement action on encore for pressuring borrowers " to pay with false statements, with lawsuits and with the use of using so - called robo - signed court documents, " that was also used in mortgage processing in the subprime market. according to the new york times, encore must pay " $ 42 million in consumer refunds and a $ 10 million penalty " and an injunction to " stop collections on debts totaling more than $ 125 million ". = = = mass - produced lawsuits = = = according to the consumer financial protection bureau ( cfpb ) between 2009 and 2014 a debt collection agency, through its law firm, " mass - produced " " hundreds of thousands of lawsuits against consumers in new jersey, new york, and pennsylvania ". pressler & pressler " used an automated claim - preparation system ", " online database called anywho " and " non - attorney support staff " to " hunt for debtors " and to " determine which consumers to sue ". the attorneys " spent less than a few minutes, sometimes less than 30 seconds, reviewing each case before initiating a lawsuit ". by 2009, in new york city alone, collection agencies that had bought the debt for " pennies on the dollar from card issuers " issued high volumes of lawsuits in the city's civil court against debtors β approximately 1, 000 cases a day. andrew cuomo, who was attorney general of new york from january 1, 2007, to december 31, 2010, had " shut down " two collection firms and sued " 35 law firms tied to the business ". collection firms were fraudulently and sloppily " [ c ] onducting a digital dragnet " troll [ ing ] through " commercial databases searching for debtors ". in 2009, in a case before judge noach dear in brooklyn, t. andy wang, a lawyer with pressler & pressler revealed that pressler & pressler, " one of the biggest in the collection industry ", used the " online database called anywho to hunt for debtors ". they then summoned all those with the same name to court. judge dear called for
to collect the unpaid invoice amount from the transferor ( seller ). however, any merchandise returns that may diminish the invoice amount that is collectible from the accounts receivable are typically the responsibility of the seller, and the factor will typically hold back paying the seller for a portion of the receivable being sold ( the " factor's holdback receivable " ) in order to cover the merchandise returns associated with the factored receivables until the privilege to return the merchandise expires. there are four principal parts to the factoring transaction, all of which are recorded separately by an accountant who is responsible for recording the factoring transaction : the " fee " paid to the factor, the interest expense paid to the factor for the advance of money, the " bad debt expense " associated with portion of the receivables that the seller expects will remain unpaid and uncollectable, the " factor's holdback receivable " amount to cover merchandise returns, and ( e ) any additional " loss " or " gain " the seller must attribute to the sale of the receivables. sometimes the factor's charges paid by the seller ( the factor's " client " ) covers a discount fee, additional credit risk the factor must assume, and other services provided. the factor's overall profit is the difference between the price it paid for the invoice and the money received from the debtor, less the amount lost due to non - payment. = = rationale = = factoring is a method used by some firms to obtain cash. certain companies factor accounts when the available cash balance held by the firm is insufficient to meet current obligations and accommodate its other cash needs, such as new orders or contracts ; in other industries, however, such as textiles or apparel, for example, financially sound companies factor their accounts simply because this is the historic method of financing. the use of factoring to obtain the cash needed to accommodate a firm's immediate cash needs will allow the firm to maintain a smaller ongoing cash balance. by reducing the size of its cash balances, more money is made available for investment in the firm's growth. debt factoring is also used as a financial instrument to provide better cash flow control especially if a company currently has a lot of accounts receivables with different credit terms to manage. a company sells its invoices at a discount to their face value when it calculates that it will be better off using the proceeds to bo
attempt to standardize existing versions of unix into a single compatible system. such efforts had been undertaken in the past ( e. g., 3da ) and had generally failed, as the companies involved were too reliant on vendor lock - in to fully support a standard that would allow their customers to leave for other products. with monterey, two of the key partners already had a niche they expected to continue to serve in the future : power and ia - 64 for ibm, ia - 32 and ia - 64 for sco. the breakdown of project monterey was one of the factors leading to a lawsuit in 2003, where sco group sued ibm over their contributions to linux. ibm sold only 32 monterey licenses in 2001, and fewer in 2002. = = references = = = = external links = = project monterey developer program at the wayback machine ( archived 20 april 2001 )
Answer:
|
No, because shortening the processing time by one-half was an express condition subsequent.
| 0.3 |
On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments within one month of completion if CP is successful in shortening by one-half the 17 processing time for the financial transactions now handled on HDS's Zenon 747 computer; CP to complete by July 1. This agreement may be amended only by a signed writing. On June 6, CP demanded $10,000, saying the job was one-half done. After HDS denied liability, the parties orally agreed that HDS should deposit $20,000 in escrow, pending completion to the satisfaction of HDS's computer systems manager. The escrow deposit was thereupon made. On July 5, CP completed the programs, having used an amount of time in which it could have earned $18,000 had it devoted that time to other jobs. Tests by CP and HDS's computer systems manager then showed that the computer programs, not being perfectly coordinated with HDS's billing methods, cut processing time by only 47 percent. They would, however, save HDS $12,000 a year. Further, if HDS would spend $5,000 to change its invoice preparation methods, as recommended by CP, the programs would cut processing time by a total of 58 percent, saving HDS another $8,000 a year. HDS's computer systems manager refused in good faith to certify satisfactory completion. HDS asked the escrow agent to return the $20,000 and asserted that nothing was owed to CP even though HDS continued to use the programs"Assume for this question only that CP was in breach of contract because of its four-day delay in completion and that an express condition precedent to HDS's duty to pay the contract 18 price has failed. Can CP nevertheless recover the reasonable value of its service?
0. Yes, because continued use of the programs by HDS would save at least $12,000 a year.
1. Yes, because HDS was continuing to use programs created by CP for which, as HDS knew, CP expected to be paid.
2. No, because failure of an express condition precedent excused HDS from any duty to compensate CP.
3. No, because such a recovery by CP would be inconsistent with a claim by HDS against CP for breach of contract
issued a total recall and replaced the defective pentium cpus ( which were limited to some 60, 66, 75, 90, and 100 mhz models ) on customer request. the bug was discovered independently in october 1994 by thomas nicely, professor of mathematics at lynchburg college. he contacted intel but received no response. on october 30, he posted a message about his finding on the internet. word of the bug spread quickly and reached the industry press. the bug was easy to replicate ; a user could enter specific numbers into the calculator on the operating system. consequently, many users did not accept intel's statements that the error was minor and " not even an erratum ". during thanksgiving, in 1994, the new york times ran a piece by journalist john markoff spotlighting the error. intel changed its position and offered to replace every chip, quickly putting in place a large end - user support organization. this resulted in a $ 475 million charge against intel's 1994 revenue. nicely later learned that intel had discovered the fdiv bug in its own testing a few months before him ( but had decided not to inform customers ). the " pentium flaw " incident, intel's response to it, and the surrounding media coverage propelled intel from being a technology supplier generally unknown to most computer users to a household name. dovetailing with an uptick in the " intel inside " campaign, the episode is considered to have been a positive event for intel, changing some of its business practices to be more end - user focused and generating substantial public awareness, while avoiding a lasting negative impression. = = = intel core = = = the intel core line originated from the original core brand, with the release of the 32 - bit yonah cpu, intel's first dual - core mobile ( low - power ) processor. derived from the pentium m, the processor family used an enhanced version of the p6 microarchitecture. its successor, the core 2 family, was released on july 27, 2006. this was based on the intel core microarchitecture, and was a 64 - bit design. instead of focusing on higher clock rates, the core microarchitecture emphasized power efficiency and a return to lower clock speeds. it also provided more efficient decoding stages, execution units, caches, and buses, reducing the power consumption of core 2 - branded cpus while increasing their processing capacity. in november 2008, intel released the 1st - generation core processors based on the nehalem microarchi
the joint enterprise defense infrastructure ( jedi ) contract was a large united states department of defense cloud computing contract which has been reported as being worth $ 10 billion over ten years. jedi was meant to be a commercial off - the - shelf ( cots ) implementation of existing technology, while providing economies of scale to dod. = = controversy = = companies interested in the contract included amazon, google, microsoft and oracle. after protests from google employees, google decided to drop out of contention for the contract because of conflict with its corporate values. the deal was considered " gift - wrapped for amazon " until oracle ( co - chaired by safra catz ) contested the contract, citing the national defense authorization act over idiq contracts and the conflicts of interest from deap ubhi, who worked for amazon both before and after his time in the department of defense. this led eric g. bruggink, senior judge of the united states court of federal claims, to place the contract award on hold. in august 2019, weeks before the winner was expected to be announced, president donald trump ordered the contract placed on hold again for defense secretary mark esper to investigate complaints of favoritism towards amazon. in october 2019, it was announced that the contract was awarded to microsoft. media has noted trump's dislike towards amazon's founder, jeff bezos, owner of the washington post, a newspaper critical of trump. according to bezos, trump " used his power to'screw amazon'out of the jedi contract ". the jedi contract was awarded to microsoft on october 25, 2019, the dod announced, but aws filed documents with the court of federal claims on november 22, 2019 challenging the award ; its legal strategy included calling trump to testify. a federal judge, patricia campbell - smith, halted microsoft's work on the project on february 13, 2020, a day before the system was scheduled to go live, awaiting a resolution in amazon's suit. she said that amazon's claims are reasonable and " is likely to succeed on the merits of its argument that the dod improperly evaluated " microsoft's offer. as a result, the dod was forced by a federal judge to reopen bidding for the contract. in the wake of that reopening, amazon has filed additional protests related to modifications which have been made to selected sections of the contract. recent dod legal filings have stated that the final award of the contract cannot take place until at least august 17, and may yet be delayed beyond that date as well. on
both encore and portfolio recovery associates were charged with violating the fair debt collection practices act ( fdcpa ), the dodd β frank wall street reform and consumer protection act by filing " lawsuits against consumers without having the intent to prove many of the debts, winning the vast majority of the lawsuits by default when consumers failed to defend themselves ". the u. s. federal consumer financial protection bureau imposed an enforcement action on encore for pressuring borrowers " to pay with false statements, with lawsuits and with the use of using so - called robo - signed court documents, " that was also used in mortgage processing in the subprime market. according to the new york times, encore must pay " $ 42 million in consumer refunds and a $ 10 million penalty " and an injunction to " stop collections on debts totaling more than $ 125 million ". = = = mass - produced lawsuits = = = according to the consumer financial protection bureau ( cfpb ) between 2009 and 2014 a debt collection agency, through its law firm, " mass - produced " " hundreds of thousands of lawsuits against consumers in new jersey, new york, and pennsylvania ". pressler & pressler " used an automated claim - preparation system ", " online database called anywho " and " non - attorney support staff " to " hunt for debtors " and to " determine which consumers to sue ". the attorneys " spent less than a few minutes, sometimes less than 30 seconds, reviewing each case before initiating a lawsuit ". by 2009, in new york city alone, collection agencies that had bought the debt for " pennies on the dollar from card issuers " issued high volumes of lawsuits in the city's civil court against debtors β approximately 1, 000 cases a day. andrew cuomo, who was attorney general of new york from january 1, 2007, to december 31, 2010, had " shut down " two collection firms and sued " 35 law firms tied to the business ". collection firms were fraudulently and sloppily " [ c ] onducting a digital dragnet " troll [ ing ] through " commercial databases searching for debtors ". in 2009, in a case before judge noach dear in brooklyn, t. andy wang, a lawyer with pressler & pressler revealed that pressler & pressler, " one of the biggest in the collection industry ", used the " online database called anywho to hunt for debtors ". they then summoned all those with the same name to court. judge dear called for
to collect the unpaid invoice amount from the transferor ( seller ). however, any merchandise returns that may diminish the invoice amount that is collectible from the accounts receivable are typically the responsibility of the seller, and the factor will typically hold back paying the seller for a portion of the receivable being sold ( the " factor's holdback receivable " ) in order to cover the merchandise returns associated with the factored receivables until the privilege to return the merchandise expires. there are four principal parts to the factoring transaction, all of which are recorded separately by an accountant who is responsible for recording the factoring transaction : the " fee " paid to the factor, the interest expense paid to the factor for the advance of money, the " bad debt expense " associated with portion of the receivables that the seller expects will remain unpaid and uncollectable, the " factor's holdback receivable " amount to cover merchandise returns, and ( e ) any additional " loss " or " gain " the seller must attribute to the sale of the receivables. sometimes the factor's charges paid by the seller ( the factor's " client " ) covers a discount fee, additional credit risk the factor must assume, and other services provided. the factor's overall profit is the difference between the price it paid for the invoice and the money received from the debtor, less the amount lost due to non - payment. = = rationale = = factoring is a method used by some firms to obtain cash. certain companies factor accounts when the available cash balance held by the firm is insufficient to meet current obligations and accommodate its other cash needs, such as new orders or contracts ; in other industries, however, such as textiles or apparel, for example, financially sound companies factor their accounts simply because this is the historic method of financing. the use of factoring to obtain the cash needed to accommodate a firm's immediate cash needs will allow the firm to maintain a smaller ongoing cash balance. by reducing the size of its cash balances, more money is made available for investment in the firm's growth. debt factoring is also used as a financial instrument to provide better cash flow control especially if a company currently has a lot of accounts receivables with different credit terms to manage. a company sells its invoices at a discount to their face value when it calculates that it will be better off using the proceeds to bo
attempt to standardize existing versions of unix into a single compatible system. such efforts had been undertaken in the past ( e. g., 3da ) and had generally failed, as the companies involved were too reliant on vendor lock - in to fully support a standard that would allow their customers to leave for other products. with monterey, two of the key partners already had a niche they expected to continue to serve in the future : power and ia - 64 for ibm, ia - 32 and ia - 64 for sco. the breakdown of project monterey was one of the factors leading to a lawsuit in 2003, where sco group sued ibm over their contributions to linux. ibm sold only 32 monterey licenses in 2001, and fewer in 2002. = = references = = = = external links = = project monterey developer program at the wayback machine ( archived 20 april 2001 )
Answer:
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Yes, because HDS was continuing to use programs created by CP for which, as HDS knew, CP expected to be paid.
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On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments within one month of completion if CP is successful in shortening by one-half the 17 processing time for the financial transactions now handled on HDS's Zenon 747 computer; CP to complete by July 1. This agreement may be amended only by a signed writing. On June 6, CP demanded $10,000, saying the job was one-half done. After HDS denied liability, the parties orally agreed that HDS should deposit $20,000 in escrow, pending completion to the satisfaction of HDS's computer systems manager. The escrow deposit was thereupon made. On July 5, CP completed the programs, having used an amount of time in which it could have earned $18,000 had it devoted that time to other jobs. Tests by CP and HDS's computer systems manager then showed that the computer programs, not being perfectly coordinated with HDS's billing methods, cut processing time by only 47 percent. They would, however, save HDS $12,000 a year. Further, if HDS would spend $5,000 to change its invoice preparation methods, as recommended by CP, the programs would cut processing time by a total of 58 percent, saving HDS another $8,000 a year. HDS's computer systems manager refused in good faith to certify satisfactory completion. HDS asked the escrow agent to return the $20,000 and asserted that nothing was owed to CP even though HDS continued to use the programs"Assume for this question only that CP was in breach of contract because of its four-day delay in completion and that an express condition precedent to HDS's duty to pay the contract 18 price has failed. Can CP nevertheless recover the reasonable value of its service?
0. Yes, because continued use of the programs by HDS would save at least $12,000 a year.
1. Yes, because HDS was continuing to use programs created by CP for which, as HDS knew, CP expected to be paid.
2. No, because failure of an express condition precedent excused HDS from any duty to compensate CP.
3. No, because such a recovery by CP would be inconsistent with a claim by HDS against CP for breach of contract
issued a total recall and replaced the defective pentium cpus ( which were limited to some 60, 66, 75, 90, and 100 mhz models ) on customer request. the bug was discovered independently in october 1994 by thomas nicely, professor of mathematics at lynchburg college. he contacted intel but received no response. on october 30, he posted a message about his finding on the internet. word of the bug spread quickly and reached the industry press. the bug was easy to replicate ; a user could enter specific numbers into the calculator on the operating system. consequently, many users did not accept intel's statements that the error was minor and " not even an erratum ". during thanksgiving, in 1994, the new york times ran a piece by journalist john markoff spotlighting the error. intel changed its position and offered to replace every chip, quickly putting in place a large end - user support organization. this resulted in a $ 475 million charge against intel's 1994 revenue. nicely later learned that intel had discovered the fdiv bug in its own testing a few months before him ( but had decided not to inform customers ). the " pentium flaw " incident, intel's response to it, and the surrounding media coverage propelled intel from being a technology supplier generally unknown to most computer users to a household name. dovetailing with an uptick in the " intel inside " campaign, the episode is considered to have been a positive event for intel, changing some of its business practices to be more end - user focused and generating substantial public awareness, while avoiding a lasting negative impression. = = = intel core = = = the intel core line originated from the original core brand, with the release of the 32 - bit yonah cpu, intel's first dual - core mobile ( low - power ) processor. derived from the pentium m, the processor family used an enhanced version of the p6 microarchitecture. its successor, the core 2 family, was released on july 27, 2006. this was based on the intel core microarchitecture, and was a 64 - bit design. instead of focusing on higher clock rates, the core microarchitecture emphasized power efficiency and a return to lower clock speeds. it also provided more efficient decoding stages, execution units, caches, and buses, reducing the power consumption of core 2 - branded cpus while increasing their processing capacity. in november 2008, intel released the 1st - generation core processors based on the nehalem microarchi
the joint enterprise defense infrastructure ( jedi ) contract was a large united states department of defense cloud computing contract which has been reported as being worth $ 10 billion over ten years. jedi was meant to be a commercial off - the - shelf ( cots ) implementation of existing technology, while providing economies of scale to dod. = = controversy = = companies interested in the contract included amazon, google, microsoft and oracle. after protests from google employees, google decided to drop out of contention for the contract because of conflict with its corporate values. the deal was considered " gift - wrapped for amazon " until oracle ( co - chaired by safra catz ) contested the contract, citing the national defense authorization act over idiq contracts and the conflicts of interest from deap ubhi, who worked for amazon both before and after his time in the department of defense. this led eric g. bruggink, senior judge of the united states court of federal claims, to place the contract award on hold. in august 2019, weeks before the winner was expected to be announced, president donald trump ordered the contract placed on hold again for defense secretary mark esper to investigate complaints of favoritism towards amazon. in october 2019, it was announced that the contract was awarded to microsoft. media has noted trump's dislike towards amazon's founder, jeff bezos, owner of the washington post, a newspaper critical of trump. according to bezos, trump " used his power to'screw amazon'out of the jedi contract ". the jedi contract was awarded to microsoft on october 25, 2019, the dod announced, but aws filed documents with the court of federal claims on november 22, 2019 challenging the award ; its legal strategy included calling trump to testify. a federal judge, patricia campbell - smith, halted microsoft's work on the project on february 13, 2020, a day before the system was scheduled to go live, awaiting a resolution in amazon's suit. she said that amazon's claims are reasonable and " is likely to succeed on the merits of its argument that the dod improperly evaluated " microsoft's offer. as a result, the dod was forced by a federal judge to reopen bidding for the contract. in the wake of that reopening, amazon has filed additional protests related to modifications which have been made to selected sections of the contract. recent dod legal filings have stated that the final award of the contract cannot take place until at least august 17, and may yet be delayed beyond that date as well. on
both encore and portfolio recovery associates were charged with violating the fair debt collection practices act ( fdcpa ), the dodd β frank wall street reform and consumer protection act by filing " lawsuits against consumers without having the intent to prove many of the debts, winning the vast majority of the lawsuits by default when consumers failed to defend themselves ". the u. s. federal consumer financial protection bureau imposed an enforcement action on encore for pressuring borrowers " to pay with false statements, with lawsuits and with the use of using so - called robo - signed court documents, " that was also used in mortgage processing in the subprime market. according to the new york times, encore must pay " $ 42 million in consumer refunds and a $ 10 million penalty " and an injunction to " stop collections on debts totaling more than $ 125 million ". = = = mass - produced lawsuits = = = according to the consumer financial protection bureau ( cfpb ) between 2009 and 2014 a debt collection agency, through its law firm, " mass - produced " " hundreds of thousands of lawsuits against consumers in new jersey, new york, and pennsylvania ". pressler & pressler " used an automated claim - preparation system ", " online database called anywho " and " non - attorney support staff " to " hunt for debtors " and to " determine which consumers to sue ". the attorneys " spent less than a few minutes, sometimes less than 30 seconds, reviewing each case before initiating a lawsuit ". by 2009, in new york city alone, collection agencies that had bought the debt for " pennies on the dollar from card issuers " issued high volumes of lawsuits in the city's civil court against debtors β approximately 1, 000 cases a day. andrew cuomo, who was attorney general of new york from january 1, 2007, to december 31, 2010, had " shut down " two collection firms and sued " 35 law firms tied to the business ". collection firms were fraudulently and sloppily " [ c ] onducting a digital dragnet " troll [ ing ] through " commercial databases searching for debtors ". in 2009, in a case before judge noach dear in brooklyn, t. andy wang, a lawyer with pressler & pressler revealed that pressler & pressler, " one of the biggest in the collection industry ", used the " online database called anywho to hunt for debtors ". they then summoned all those with the same name to court. judge dear called for
to collect the unpaid invoice amount from the transferor ( seller ). however, any merchandise returns that may diminish the invoice amount that is collectible from the accounts receivable are typically the responsibility of the seller, and the factor will typically hold back paying the seller for a portion of the receivable being sold ( the " factor's holdback receivable " ) in order to cover the merchandise returns associated with the factored receivables until the privilege to return the merchandise expires. there are four principal parts to the factoring transaction, all of which are recorded separately by an accountant who is responsible for recording the factoring transaction : the " fee " paid to the factor, the interest expense paid to the factor for the advance of money, the " bad debt expense " associated with portion of the receivables that the seller expects will remain unpaid and uncollectable, the " factor's holdback receivable " amount to cover merchandise returns, and ( e ) any additional " loss " or " gain " the seller must attribute to the sale of the receivables. sometimes the factor's charges paid by the seller ( the factor's " client " ) covers a discount fee, additional credit risk the factor must assume, and other services provided. the factor's overall profit is the difference between the price it paid for the invoice and the money received from the debtor, less the amount lost due to non - payment. = = rationale = = factoring is a method used by some firms to obtain cash. certain companies factor accounts when the available cash balance held by the firm is insufficient to meet current obligations and accommodate its other cash needs, such as new orders or contracts ; in other industries, however, such as textiles or apparel, for example, financially sound companies factor their accounts simply because this is the historic method of financing. the use of factoring to obtain the cash needed to accommodate a firm's immediate cash needs will allow the firm to maintain a smaller ongoing cash balance. by reducing the size of its cash balances, more money is made available for investment in the firm's growth. debt factoring is also used as a financial instrument to provide better cash flow control especially if a company currently has a lot of accounts receivables with different credit terms to manage. a company sells its invoices at a discount to their face value when it calculates that it will be better off using the proceeds to bo
attempt to standardize existing versions of unix into a single compatible system. such efforts had been undertaken in the past ( e. g., 3da ) and had generally failed, as the companies involved were too reliant on vendor lock - in to fully support a standard that would allow their customers to leave for other products. with monterey, two of the key partners already had a niche they expected to continue to serve in the future : power and ia - 64 for ibm, ia - 32 and ia - 64 for sco. the breakdown of project monterey was one of the factors leading to a lawsuit in 2003, where sco group sued ibm over their contributions to linux. ibm sold only 32 monterey licenses in 2001, and fewer in 2002. = = references = = = = external links = = project monterey developer program at the wayback machine ( archived 20 april 2001 )
Answer:
|
No, because failure of an express condition precedent excused HDS from any duty to compensate CP.
| 0.3 |
Police Officer stopped Dexter for speeding late one night. Noting that Dexter was nervous, Police Officer ordered him from the car and placed him under arrest for speeding. By state law, Police Officer was empowered to arrest Dexter and take him to the nearest police station for booking. Police Officer searched Dexter's person and discovered a package of heroin in his jacket pocket. Dexter is charged with possession of heroin. At trial, Dexter's motion to prevent introduction of the heroin into evidence, on the ground that the search violated his federal constitutional rights, will most probably be
0. denied, because the search was incident to a valid custodial arrest.
1. denied, because Police Officer acted under a reasonable suspicion and legitimate concern for his own personal safety.
2. granted, because there was no reasonable or proper basis upon which to justify conducting the search.
3. granted if Police Officer was not in fear and had no suspicion that Dexter was transporting narcotics
drugs is displaced from purchases that would otherwise have generated sales tax and income tax revenue. similarly, the substantial profits made by the dealers is not taxed. thus, the citizens who declare income for tax purposes must pay more to offset the cost of non - capture of drug revenue in their society. as with prostitution, crime related to drug dealing also affects the amenity of a neighbourhood, destroying property values and causing the flight of the middle class to the " safer " suburbs. if the police do intervene, they may alienate law - abiding community members who are stopped and questioned, and only displace the drug dealing indoors, thus making it more resistant to police interventions. police may also use their power to extract rents from the drug selling community. further, sampson ( 2002 ) comments that because intensive police enforcement is by its very nature temporary, the impact is often only short - term and dependent on the resiliency of the market and the buyers which has been shown to be strong. some officers have argued that intensive enforcement shows the community that the police care about the problem ; however, some of the unintended effects may, in fact, have the opposite result. for a more general exposition, see arguments for and against drug prohibition. = = see also = = anti - social behaviour drug - related crime public order act 1986 victimless crime sumptuary law anti - social behaviour order broken windows theory moral police signal crime islamic religious police wisdom of repugnance picking quarrels and provoking trouble = = notes = = = = references = = collins, d. j. & lapsley, h. m. ( 1991 ). estimating the economic costs of drug abuse in australia canberra : dept. of comm. health and services. conklin, john e. ( 1997 ). criminology. 6th edition. allyn & bacon. isbn 0 - 205 - 26478 - 6 de haan, willem. ( 1990 ). the politics of redress : crime, punishment and penal abolition. boston : unwin hyman. isbn 0 - 04 - 445442 - 2 ericsson, lars o. ( 1980 ). " charges against prostitution ; an attempt at a philosophical assessment ". ethics 90 : 335 - 66. feinberg, joel ( 1984 ). harm to self : the moral limits of the criminal law. new york : oxford university press. isbn 0 - 19 - 505923 - 9 garoupa, nuno & klerman, daniel. ( 2002 ). "
1984 ). harm to self : the moral limits of the criminal law. new york : oxford university press. isbn 0 - 19 - 505923 - 9 garoupa, nuno & klerman, daniel. ( 2002 ). " optimal law enforcement with a rent - seeking government ". american law and economics review vol. 4, no. 1. pp116 β 140. inciardi, james a. ( 1992 ). the war on drugs ii : the continuing epic of heroin, cocaine, crack, crime aids, and public policy. mountain view, ca : mayfield. maguire, brenan & radosh, polly f. ( 1999 ). introduction to criminology. belmont, ca : west wadsworth. isbn 0 - 534 - 53784 - 7 meier, robert f. & geis, gilbert. ( 1997 ). victimless crime? prostitution, drugs, homosexuality, abortion. los angeles : roxbury. isbn 0 - 935732 - 46 - 2 polinsky, a. mitchell. ( 1980 ). " private versus public enforcement of fines. " the journal of legal studies, vol. ix, no. 1, ( january ), pp105 β 127. polinsky, a. mitchell & shavell, steven. ( 1997 ). " on the disutility and discounting of imprisonment and the theory of deterrence, " nber working papers 6259, national bureau of economic research, inc. [ 1 ] robertson, ian. ( 1989 ) society : a brief introduction. new york : worth publishing. isbn 0 - 87901 - 548 - 9 sampson, rana. ( 2002 ). drug dealing in privately owned apartment complexes problem - oriented guides for police series no. 4 [ 2 ] schur, edwin m. ( 1965 ) crimes without victims : deviant behavior and public policy : abortion, homosexuality, drug addiction. prentice hall. isbn 0 - 13 - 192930 - 5 siegel, larry j. ( 2006 ). criminology : theories, patterns, & typologies, 9th edition. belmont, ca : wadsworth publishing. isbn 0 - 495 - 00572 - x walker, john. ( 1991 ). crime in australia. canberra : australian institute of criminology. = = external links = = patterns and trends in public order crime
, after which the police investigated his role in packman's disappearance. causley was eventually convicted of the murder in 1996 that conviction was quashed on appeal in 2003, but after a retrial in 2004, he was again convicted of the murder.. in 1988, helen mccourt, a 22 - year - old insurance clerk from lancashire disappeared. ian simms, a local pub landlord, was subsequently charged with and convicted of her murder. this case was also one of the first in the uk to use dna fingerprinting. in july 1989, kansas serial killer richard grissom was arrested after being connected to the disappearances of three young women the month prior. blood and hair samples found in grissom's car and garage led to prosecutors indicting him with three counts of murder. he was found guilty in 1990 and sentenced to life imprisonment. american courts have also been allowed to press murder charges even if a body has not been recovered. in 1990, a connecticut jury convicted newtown airline pilot richard crafts of killing his danish wife, helle, in the 1986 " woodchipper murder ", so called for the machine he had rented to dispose of her body in nearby lakes and streams. he was sentenced to 50 years in prison. the state police's forensic unit, led by henry lee, was able to match the dna of some of the fragments that were discovered to helle crafts and the wood chipper her husband had used. it was the first bodyless murder trial in the state's history. = = = 1990s = = = in april 1994, heidi allen, 18, of new haven, new york, was abducted from the convenience store where she worked. her body has never been found. brothers gary and richard thibodeau were charged with kidnapping and murder. they were tried separately. gary was found guilty and sentenced to 25 years to life, while richard was acquitted. in 1996, thomas capano was convicted of the murder of anne marie fahey, his former lover. investigators did not have a murder weapon or body, nor any evidence that capano had purchased a gun. he was convicted of first - degree murder in part due to the evidence given by his brother, gerry, who had admitted to helping capano dump fahey's body in the atlantic ocean. sante kimes and her son kenneth were convicted of the murder of irene silverman, whose body was never found. they were also both suspects in another murder in the bahamas where the body was never located
in applied psychology, investigative psychology attempts to describe the actions of offenders and develop an understanding of crime. this understanding can then help solve crimes and contribute to prosecution and defense procedures. it brings together issues in the retrieval of investigative information, the drawing of inferences about that information and the ways in which police decision making can be supported through various systems derived from scientific research. it should not be confused with profiling which grew out of the experience of police officers offering opinions to their colleagues about the possible characteristics of unknown offenders. = = overview = = investigative psychology grows directly out of empirical research and logical inference to cover the full range of investigative activities not only the preparation of'profiles '. the inference processes at the heart of investigative psychology contrast with the approach used in the federal bureau of investigation which emphasises subjective processes such as " thinking like the criminal ". this field provides a system for the integration of many aspects of psychology into all areas of police investigations and forms of crime. investigative psychology stresses that the results of scientific psychology can contribute to many aspects of civilian and criminal investigation, including the full range of crimes from burglary to terrorism, not just those extreme crimes of violence that have an obvious psychopathic component. = = research = = the contribution to investigations draws on the extent to which an offender displays various tested characteristics. as well as procedures for enhancing the processes by which interviews are carried out or information is put before the courts. one aim of investigative psychology research is determining behaviourally important and empirically supported information regarding the consistency and variability of the behaviour of many different types of offenders, although to date most studies have been of violent crimes there is a growing body of research on burglary and arson. it is also important to establish valid and reliable methods of distinguishing between offenders and between offences. already the use of statistical analysis techniques such as multi dimensional scaling in offender profiling has provided support for a theoretical distinction between homicide offenders as either instrumental ( 43 % of offenders ) or expressive ( 31 % of offenders ) in their use of aggression. the most recent advances have seen the development of a narrative action system model for differentiating criminals'styles of offending, allowing empirically based'modus operandi'to be identified within a broad range of offence types from sexual assault and serial murder to stalking, burglary and robbery. this method of analysis has also expanded upon the original theoretical distinction by identifying sub - themes of aggressive action which can be used to further discriminate amongst offenders ( santilla, hakkanen, canter & elfgren
the minneapolis domestic violence experiment ( mdve ) evaluated the effectiveness of various police responses to domestic violence calls in minneapolis, minnesota. this experiment was implemented during 1981 - 82 by lawrence w. sherman, director of research at the police foundation, and by the minneapolis police department with funding support from the national institute of justice. among a pool of domestic violence offenders for whom there was probable cause to make an arrest, the study design called for officers to randomly select one third of the offenders for arrest, one third would be counseled and one third would be separated from their domestic partner. the results of the study, showing a deterrent effect for arrest, had a " virtually unprecedented impact in changing then - current police practices. " subsequently, numerous states and law enforcement agencies enacted policies for mandatory arrest, without warrant, for domestic violence cases in which the responding police officer had probable cause that a crime had occurred. = = background = = domestic violence historically has been viewed as a private family matter that need not involve government or criminal justice intervention. before the early 1970s, police in the united states favored a " hands - off " approach to domestic violence calls, with arrest only used as a last resort. at the time, domestic violence cases were typically classified as misdemeanor assault cases. during the 1970s, many u. s. jurisdictions did not authorize the police to make arrests in any misdemeanor assault, whether it involved a domestic partner or not, unless the assault occurred in the officer's presence. a 1978 court order in new york city mandated that arrests only be made in cases of serious violence, thus officers instead made effort to mediate family disputes. in the early 1970s, clinical psychologists argued that police should make an effort to mediate disputes. statistics on incidence of domestic violence, published in the late 1970s, helped raise public awareness of the problem and increase activism. a study published in 1976 by the police foundation found that the police had intervened at least once in the previous two years in 85 percent of spouse homicides. in the late 1970s and early 1980s, feminists and battered women's advocacy groups were calling on police to take domestic violence more seriously and change intervention strategies. in some instances, these groups took legal action against police departments, including in oakland, california and new york city, to get them to make arrests in domestic violence cases. they claimed that police assigned low priority to domestic disturbance calls. in 1978, the national academy of sciences published a report, deterrence and incapacitation : estimating the effects of criminal
Answer:
|
denied, because the search was incident to a valid custodial arrest.
| null |
Police Officer stopped Dexter for speeding late one night. Noting that Dexter was nervous, Police Officer ordered him from the car and placed him under arrest for speeding. By state law, Police Officer was empowered to arrest Dexter and take him to the nearest police station for booking. Police Officer searched Dexter's person and discovered a package of heroin in his jacket pocket. Dexter is charged with possession of heroin. At trial, Dexter's motion to prevent introduction of the heroin into evidence, on the ground that the search violated his federal constitutional rights, will most probably be
0. denied, because the search was incident to a valid custodial arrest.
1. denied, because Police Officer acted under a reasonable suspicion and legitimate concern for his own personal safety.
2. granted, because there was no reasonable or proper basis upon which to justify conducting the search.
3. granted if Police Officer was not in fear and had no suspicion that Dexter was transporting narcotics
drugs is displaced from purchases that would otherwise have generated sales tax and income tax revenue. similarly, the substantial profits made by the dealers is not taxed. thus, the citizens who declare income for tax purposes must pay more to offset the cost of non - capture of drug revenue in their society. as with prostitution, crime related to drug dealing also affects the amenity of a neighbourhood, destroying property values and causing the flight of the middle class to the " safer " suburbs. if the police do intervene, they may alienate law - abiding community members who are stopped and questioned, and only displace the drug dealing indoors, thus making it more resistant to police interventions. police may also use their power to extract rents from the drug selling community. further, sampson ( 2002 ) comments that because intensive police enforcement is by its very nature temporary, the impact is often only short - term and dependent on the resiliency of the market and the buyers which has been shown to be strong. some officers have argued that intensive enforcement shows the community that the police care about the problem ; however, some of the unintended effects may, in fact, have the opposite result. for a more general exposition, see arguments for and against drug prohibition. = = see also = = anti - social behaviour drug - related crime public order act 1986 victimless crime sumptuary law anti - social behaviour order broken windows theory moral police signal crime islamic religious police wisdom of repugnance picking quarrels and provoking trouble = = notes = = = = references = = collins, d. j. & lapsley, h. m. ( 1991 ). estimating the economic costs of drug abuse in australia canberra : dept. of comm. health and services. conklin, john e. ( 1997 ). criminology. 6th edition. allyn & bacon. isbn 0 - 205 - 26478 - 6 de haan, willem. ( 1990 ). the politics of redress : crime, punishment and penal abolition. boston : unwin hyman. isbn 0 - 04 - 445442 - 2 ericsson, lars o. ( 1980 ). " charges against prostitution ; an attempt at a philosophical assessment ". ethics 90 : 335 - 66. feinberg, joel ( 1984 ). harm to self : the moral limits of the criminal law. new york : oxford university press. isbn 0 - 19 - 505923 - 9 garoupa, nuno & klerman, daniel. ( 2002 ). "
1984 ). harm to self : the moral limits of the criminal law. new york : oxford university press. isbn 0 - 19 - 505923 - 9 garoupa, nuno & klerman, daniel. ( 2002 ). " optimal law enforcement with a rent - seeking government ". american law and economics review vol. 4, no. 1. pp116 β 140. inciardi, james a. ( 1992 ). the war on drugs ii : the continuing epic of heroin, cocaine, crack, crime aids, and public policy. mountain view, ca : mayfield. maguire, brenan & radosh, polly f. ( 1999 ). introduction to criminology. belmont, ca : west wadsworth. isbn 0 - 534 - 53784 - 7 meier, robert f. & geis, gilbert. ( 1997 ). victimless crime? prostitution, drugs, homosexuality, abortion. los angeles : roxbury. isbn 0 - 935732 - 46 - 2 polinsky, a. mitchell. ( 1980 ). " private versus public enforcement of fines. " the journal of legal studies, vol. ix, no. 1, ( january ), pp105 β 127. polinsky, a. mitchell & shavell, steven. ( 1997 ). " on the disutility and discounting of imprisonment and the theory of deterrence, " nber working papers 6259, national bureau of economic research, inc. [ 1 ] robertson, ian. ( 1989 ) society : a brief introduction. new york : worth publishing. isbn 0 - 87901 - 548 - 9 sampson, rana. ( 2002 ). drug dealing in privately owned apartment complexes problem - oriented guides for police series no. 4 [ 2 ] schur, edwin m. ( 1965 ) crimes without victims : deviant behavior and public policy : abortion, homosexuality, drug addiction. prentice hall. isbn 0 - 13 - 192930 - 5 siegel, larry j. ( 2006 ). criminology : theories, patterns, & typologies, 9th edition. belmont, ca : wadsworth publishing. isbn 0 - 495 - 00572 - x walker, john. ( 1991 ). crime in australia. canberra : australian institute of criminology. = = external links = = patterns and trends in public order crime
, after which the police investigated his role in packman's disappearance. causley was eventually convicted of the murder in 1996 that conviction was quashed on appeal in 2003, but after a retrial in 2004, he was again convicted of the murder.. in 1988, helen mccourt, a 22 - year - old insurance clerk from lancashire disappeared. ian simms, a local pub landlord, was subsequently charged with and convicted of her murder. this case was also one of the first in the uk to use dna fingerprinting. in july 1989, kansas serial killer richard grissom was arrested after being connected to the disappearances of three young women the month prior. blood and hair samples found in grissom's car and garage led to prosecutors indicting him with three counts of murder. he was found guilty in 1990 and sentenced to life imprisonment. american courts have also been allowed to press murder charges even if a body has not been recovered. in 1990, a connecticut jury convicted newtown airline pilot richard crafts of killing his danish wife, helle, in the 1986 " woodchipper murder ", so called for the machine he had rented to dispose of her body in nearby lakes and streams. he was sentenced to 50 years in prison. the state police's forensic unit, led by henry lee, was able to match the dna of some of the fragments that were discovered to helle crafts and the wood chipper her husband had used. it was the first bodyless murder trial in the state's history. = = = 1990s = = = in april 1994, heidi allen, 18, of new haven, new york, was abducted from the convenience store where she worked. her body has never been found. brothers gary and richard thibodeau were charged with kidnapping and murder. they were tried separately. gary was found guilty and sentenced to 25 years to life, while richard was acquitted. in 1996, thomas capano was convicted of the murder of anne marie fahey, his former lover. investigators did not have a murder weapon or body, nor any evidence that capano had purchased a gun. he was convicted of first - degree murder in part due to the evidence given by his brother, gerry, who had admitted to helping capano dump fahey's body in the atlantic ocean. sante kimes and her son kenneth were convicted of the murder of irene silverman, whose body was never found. they were also both suspects in another murder in the bahamas where the body was never located
in applied psychology, investigative psychology attempts to describe the actions of offenders and develop an understanding of crime. this understanding can then help solve crimes and contribute to prosecution and defense procedures. it brings together issues in the retrieval of investigative information, the drawing of inferences about that information and the ways in which police decision making can be supported through various systems derived from scientific research. it should not be confused with profiling which grew out of the experience of police officers offering opinions to their colleagues about the possible characteristics of unknown offenders. = = overview = = investigative psychology grows directly out of empirical research and logical inference to cover the full range of investigative activities not only the preparation of'profiles '. the inference processes at the heart of investigative psychology contrast with the approach used in the federal bureau of investigation which emphasises subjective processes such as " thinking like the criminal ". this field provides a system for the integration of many aspects of psychology into all areas of police investigations and forms of crime. investigative psychology stresses that the results of scientific psychology can contribute to many aspects of civilian and criminal investigation, including the full range of crimes from burglary to terrorism, not just those extreme crimes of violence that have an obvious psychopathic component. = = research = = the contribution to investigations draws on the extent to which an offender displays various tested characteristics. as well as procedures for enhancing the processes by which interviews are carried out or information is put before the courts. one aim of investigative psychology research is determining behaviourally important and empirically supported information regarding the consistency and variability of the behaviour of many different types of offenders, although to date most studies have been of violent crimes there is a growing body of research on burglary and arson. it is also important to establish valid and reliable methods of distinguishing between offenders and between offences. already the use of statistical analysis techniques such as multi dimensional scaling in offender profiling has provided support for a theoretical distinction between homicide offenders as either instrumental ( 43 % of offenders ) or expressive ( 31 % of offenders ) in their use of aggression. the most recent advances have seen the development of a narrative action system model for differentiating criminals'styles of offending, allowing empirically based'modus operandi'to be identified within a broad range of offence types from sexual assault and serial murder to stalking, burglary and robbery. this method of analysis has also expanded upon the original theoretical distinction by identifying sub - themes of aggressive action which can be used to further discriminate amongst offenders ( santilla, hakkanen, canter & elfgren
the minneapolis domestic violence experiment ( mdve ) evaluated the effectiveness of various police responses to domestic violence calls in minneapolis, minnesota. this experiment was implemented during 1981 - 82 by lawrence w. sherman, director of research at the police foundation, and by the minneapolis police department with funding support from the national institute of justice. among a pool of domestic violence offenders for whom there was probable cause to make an arrest, the study design called for officers to randomly select one third of the offenders for arrest, one third would be counseled and one third would be separated from their domestic partner. the results of the study, showing a deterrent effect for arrest, had a " virtually unprecedented impact in changing then - current police practices. " subsequently, numerous states and law enforcement agencies enacted policies for mandatory arrest, without warrant, for domestic violence cases in which the responding police officer had probable cause that a crime had occurred. = = background = = domestic violence historically has been viewed as a private family matter that need not involve government or criminal justice intervention. before the early 1970s, police in the united states favored a " hands - off " approach to domestic violence calls, with arrest only used as a last resort. at the time, domestic violence cases were typically classified as misdemeanor assault cases. during the 1970s, many u. s. jurisdictions did not authorize the police to make arrests in any misdemeanor assault, whether it involved a domestic partner or not, unless the assault occurred in the officer's presence. a 1978 court order in new york city mandated that arrests only be made in cases of serious violence, thus officers instead made effort to mediate family disputes. in the early 1970s, clinical psychologists argued that police should make an effort to mediate disputes. statistics on incidence of domestic violence, published in the late 1970s, helped raise public awareness of the problem and increase activism. a study published in 1976 by the police foundation found that the police had intervened at least once in the previous two years in 85 percent of spouse homicides. in the late 1970s and early 1980s, feminists and battered women's advocacy groups were calling on police to take domestic violence more seriously and change intervention strategies. in some instances, these groups took legal action against police departments, including in oakland, california and new york city, to get them to make arrests in domestic violence cases. they claimed that police assigned low priority to domestic disturbance calls. in 1978, the national academy of sciences published a report, deterrence and incapacitation : estimating the effects of criminal
Answer:
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granted if Police Officer was not in fear and had no suspicion that Dexter was transporting narcotics
| 0.3 |
Donna was arrested and taken to police headquarters, where she was given her Miranda warnings. Donna indicated that she wished to telephone her lawyer and was told that she could do so after her fingerprints had been taken. While being fingerprinted, however, Donna blurted out, "Paying a lawyer is a waste of money because I know you have me." At trial, Donna's motion to prevent the introduction of the statement she made while being fingerprinted will most probably be
0. granted, because Donna's request to contact her attorney by telephone was reasonable and should have been granted immediately.
1. granted, because of the "fruit of the poisonous tree" doctrine.
2. denied, because the statements were volunteered and not the result of interrogation.
3. denied, because fingerprinting is not a critical stage of the proceeding requiring the assistance of counsel.
glove prints, also sometimes described as gloveprints or glove marks, are latent, fingerprint - like impressions that are transferred to a surface or object by an individual who is wearing gloves. criminals often wear gloves to avoid leaving fingerprints, which makes the investigation of crimes more difficult. although the gloves act as a protective covering for the wearer's prints, the gloves themselves can leave prints that are sometimes unique like human fingerprints, thus betraying the wearer. after collecting glove prints, law enforcement can then match them to gloves that they have collected as evidence as well as glove prints retrieved from other crime scenes. = = history = = since the advent of fingerprint detection, many criminals have resorted to the wearing of gloves during the commission of their crimes in order to avoid leaving their fingerprints as evidence. in the era prior to contemporary advances in forensic science, the simple act of covering the hands often assured criminal assailants their anonymity if no witnesses were present during their offenses ; thus a pair of gloves became the most essential and crucial tool for any successful perpetrator. in earlier decades, investigators would dust for fingerprints only to find smears and smudges caused by gloves. often in earlier decades these smudges were ignored because very little of their detail was retrievable. with the advent of latent fingerprint detection in the late 20th century, investigators started to collect, analyze, and record prints left at crime scenes that were created by the wearing of gloves. glove prints can be as simple as marks caused by seams or folds in fabric of a glove, or they can be as complex as marks left behind by the grain or texture of the fabric of a glove. when gloves are collected as evidence their prints can be taken and compared to glove prints that were taken at crime scenes or from evidence. offenders who wear gloves tend to use their hands and fingers very freely, and thus, because their gloves give them a false sense of protection, leave easily distinguishable glove prints on the surfaces they handle. if when either a fingerprint is able to pass through a glove, or when, because of holes in a glove, finger and glove prints appear together, investigators are now able to better distinguish between prints made by friction ridges and prints made by gloves. many times this also happens because criminals also opt to wear gloves that are both tight - fitting and relatively short, which makes the occurrence of prints being made by the butt of the palm and the wrist ( palm prints ) more common as the gloves may slip, thus
able to dust for the marks left behind from leather the same way they dust for fingerprints. woolen, cotton, or other fabric gloves : these gloves are worn by criminals because they are typically inexpensive and readily available as well. weave patterns of fabric gloves may also be unique to that glove and when collected at a crime scene, can be compared to gloves that are taken in as evidence. like leather gloves, these gloves will over time pick up dirt and grease as well. = = notable instances = = in 1993, rochester, new york law enforcement was responding to a reported burglary when they arrested a suspect who was fleeing the burglarized home. on his person, investigators found a yellow rubber glove that was later found to match glove prints that were found on property that was known to have been stolen from the home. in 2001, cobb county, georgia, us, law enforcement responded to a break - in and burglary of an under - construction condominium development and found glove marks on a window that had been pushed open by the perpetrator. law enforcement later found the perpetrator hiding in the complex and collected items that the perpetrator was hiding with him. investigators were able to match the texture and weave pattern of the palms of the pair of construction / work - type gloves that the perpetrator had to the glove prints found on the window. in 2002, grand rapids, michigan law enforcement was investigating a string of burglaries in the area. no fingerprints were found but latent glove prints were found with the use of fingerprint powder. a particularly detailed hand print of a leather glove became visible at the break - in point of one burglary. after a group of suspected burglars were brought in, the investigators received a warrant to search a vehicle that was linked the suspects. a brown leather batting glove was recovered that seemed to match the stitch detail on the glove prints taken from the break - in point. after scanning both the palm of the leather glove and the recovered glove print into a computer, the investigators used adobe photoshop software to compare the grain detail of the glove with the grain detail of the glove print. the investigators were thus able to match the stitching and grain detail of both, thus incriminating the suspects. in 2009, a teenager was arrested in royal oak, michigan for obstructing police near the location of a recently reported burglary. while in custody investigators compared the gloves that the suspect had in his possession to glove prints that were found at several break -
than is available or necessary, resulting in a higher rate of acquittal when such evidence is absent ; and second, that jurors have greater confidence in forensic and particularly dna evidence than is warranted, resulting in a higher rate of conviction when such evidence is present. while these and other effects may be caused by crime shows, the most commonly reported effect is that jurors are wrongly acquitting defendants despite overwhelming evidence of guilt. in particular, prosecutors have reported feeling pressured to provide dna evidence even when eyewitness testimony is available. in fact, in a study of 444 prosecutors, 56 % believed the csi effect to almost always or always influence juries, and 81 % believed the csi effect to influence judges. in one highly publicized incident, los angeles county, california district attorney steve cooley blamed actor robert blake's acquittal on murder charges on the csi effect. cooley noted that the " not guilty " verdict came despite two witness accounts of blake's guilt, and claimed that the jury members were " incredibly stupid ". by 2005, some judges and prosecutors had begun altering their trial preparations and procedures in an attempt to counter the csi effect. some ask questions about crime drama television viewership during voir dire to target biased jurors. for example, in charles and drake v. state ( 2010 ), the defendants were convicted of second degree murder, and during voir dire, the judge presented a question about the csi effect. in this case, the maryland appellate court ruled the csi effect voir dire question inappropriate due to its biased language and use of the term " convict " without mention of acquittal. prosecutors have also used opening statements and closing arguments to minimize the possible impact of the csi effect. in goff v. state ( 2009 ), the prosecutor asked jurors during voir dire about their ability to render a verdict without scientific evidence, and then reminded them during closing arguments about this question. in this case, the mention of the csi effect was considered acceptable because the language used was neutral and unbiased. additionally, jury instructions have also been used as a means of informing jurors about the csi effect. in atkins v. state ( 2011 ), the jury was instructed that scientific evidence is not necessary for a case to be valid. the court ruled that this jury instruction regarding scientific evidence was improper because the state was not held to its burden of proof. furthermore, prosecutors have hired expert witnesses to explain why particular forms of physical evidence are not relevant to their cases. in
this also happens because criminals also opt to wear gloves that are both tight - fitting and relatively short, which makes the occurrence of prints being made by the butt of the palm and the wrist ( palm prints ) more common as the gloves may slip, thus exposing areas of the skin that may leave prints. also, many times criminals would discard their gloves at crime scenes or hide them nearby. today, latent fingerprints ( first discovered on the surfaces of fabrics by investigators in the 1930s ), as well as dna and incriminating bacteria can also be recovered from the inside of these discarded gloves. in many jurisdictions the act of wearing gloves itself while committing a crime can be prosecuted as an inchoate offense. by the 1950s, after over a half century of frustration due to the wearing of gloves by assailants, fingerprint experts began studies to determine how it may be feasible to detect and compare glove prints found at crime scenes. in 1971, the metropolitan police service of london, england claims the first ( or one of the first ) convictions based on glove print - evidence. glove - prints were found on a broken window and were later matched to the gloves of a suspect. in 2005, a german forensic scientist and engineer carried out various empirical studies on glove prints. the manufacturing engineer carried out basic research into the manufacturing techniques of gloves to determine individual and functional characteristics of the glove surfaces. this included purely textile gloves, coated textile gloves ( also dotted gloves ), as well as gloves made of dipping forms and leather or artificial leather gloves, together with combinations of the aforementioned surfaces. he also developed the anatomical effects of the hand when creating glove prints. at the same time, many landeskriminalamt began to transfer glove prints into their databases of traces. since 2012, glove prints are an inherent part of the education of forensic experts at the bundeskriminalamt ( germany ) ( division kt β forensic science institute ). starting in early 2009, law enforcement in derbyshire, east midlands, england began uploading hundreds of files of collected glove prints into their criminal database. glove print database to help police in their fight against crime the glove mark working group in derbyshire includes the derbyshire police department, the home office scientific development branch, and nottingham trent university. with the belief that individual offenders possess preferences for specific types of gloves ( style and fabric / material ), forensic scientists have also used glove print databases to create complex computations and charts that isolate, geographically, " hot spots " where prints taken from specific types of gloves are matched against
mitigating factor or an aggravating factor. however, most jurisdictions differentiate between voluntary intoxication and involuntary intoxication. in some cases, intoxication ( usually involuntary intoxication ) may be covered by the insanity defense. = = = withdrawal or refusal of defense = = = several cases have ruled that persons found not guilty by reason of insanity may not withdraw the defense in a habeas petition to pursue an alternative, although there have been exceptions in other rulings. in colorado v. connelly, 700 a. 2d 694 ( conn. app. ct. 1997 ), the petitioner who had originally been found not guilty by reason of insanity and committed for ten years to the jurisdiction of a psychiatric security review board, filed a pro se writ of habeas corpus and the court vacated his insanity acquittal. he was granted a new trial and found guilty of the original charges, receiving a prison sentence of 40 years. in the landmark case of frendak v. united states in 1979, the court ruled that the insanity defense cannot be imposed upon an unwilling defendant if an intelligent defendant voluntarily wishes to forgo the defense. = = usage = = this increased coverage gives the impression that the defense is widely used, but this is not the case. according to an eight - state study, the insanity defense is used in less than 1 % of all court cases and, when used, has only a 26 % success rate. of those cases that were successful, 90 % of the defendants had been previously diagnosed with mental illness. = = psychiatric treatment = = in the united states, those found to have been not guilty by reason of mental disorder or insanity are generally then required to undergo psychiatric treatment in a mental institution, except in the case of temporary insanity. in england and wales, under the criminal procedure ( insanity and unfitness to plead ) act of 1991 ( amended by the domestic violence, crime and victims act, 2004 to remove the option of a guardianship order ), the court can mandate a hospital order, a restriction order ( where release from hospital requires the permission of the home secretary ), a " supervision and treatment " order, or an absolute discharge. unlike defendants who are found guilty of a crime, they are not institutionalized for a fixed period, but rather held in the institution until they are determined not to be a threat. authorities making this decision tend to be cautious, and as a result, defendants can often be institutionalized for longer than they would have been incarcerated in prison. = =
Answer:
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denied, because the statements were volunteered and not the result of interrogation.
| null |
Donna was arrested and taken to police headquarters, where she was given her Miranda warnings. Donna indicated that she wished to telephone her lawyer and was told that she could do so after her fingerprints had been taken. While being fingerprinted, however, Donna blurted out, "Paying a lawyer is a waste of money because I know you have me." At trial, Donna's motion to prevent the introduction of the statement she made while being fingerprinted will most probably be
0. granted, because Donna's request to contact her attorney by telephone was reasonable and should have been granted immediately.
1. granted, because of the "fruit of the poisonous tree" doctrine.
2. denied, because the statements were volunteered and not the result of interrogation.
3. denied, because fingerprinting is not a critical stage of the proceeding requiring the assistance of counsel.
glove prints, also sometimes described as gloveprints or glove marks, are latent, fingerprint - like impressions that are transferred to a surface or object by an individual who is wearing gloves. criminals often wear gloves to avoid leaving fingerprints, which makes the investigation of crimes more difficult. although the gloves act as a protective covering for the wearer's prints, the gloves themselves can leave prints that are sometimes unique like human fingerprints, thus betraying the wearer. after collecting glove prints, law enforcement can then match them to gloves that they have collected as evidence as well as glove prints retrieved from other crime scenes. = = history = = since the advent of fingerprint detection, many criminals have resorted to the wearing of gloves during the commission of their crimes in order to avoid leaving their fingerprints as evidence. in the era prior to contemporary advances in forensic science, the simple act of covering the hands often assured criminal assailants their anonymity if no witnesses were present during their offenses ; thus a pair of gloves became the most essential and crucial tool for any successful perpetrator. in earlier decades, investigators would dust for fingerprints only to find smears and smudges caused by gloves. often in earlier decades these smudges were ignored because very little of their detail was retrievable. with the advent of latent fingerprint detection in the late 20th century, investigators started to collect, analyze, and record prints left at crime scenes that were created by the wearing of gloves. glove prints can be as simple as marks caused by seams or folds in fabric of a glove, or they can be as complex as marks left behind by the grain or texture of the fabric of a glove. when gloves are collected as evidence their prints can be taken and compared to glove prints that were taken at crime scenes or from evidence. offenders who wear gloves tend to use their hands and fingers very freely, and thus, because their gloves give them a false sense of protection, leave easily distinguishable glove prints on the surfaces they handle. if when either a fingerprint is able to pass through a glove, or when, because of holes in a glove, finger and glove prints appear together, investigators are now able to better distinguish between prints made by friction ridges and prints made by gloves. many times this also happens because criminals also opt to wear gloves that are both tight - fitting and relatively short, which makes the occurrence of prints being made by the butt of the palm and the wrist ( palm prints ) more common as the gloves may slip, thus
able to dust for the marks left behind from leather the same way they dust for fingerprints. woolen, cotton, or other fabric gloves : these gloves are worn by criminals because they are typically inexpensive and readily available as well. weave patterns of fabric gloves may also be unique to that glove and when collected at a crime scene, can be compared to gloves that are taken in as evidence. like leather gloves, these gloves will over time pick up dirt and grease as well. = = notable instances = = in 1993, rochester, new york law enforcement was responding to a reported burglary when they arrested a suspect who was fleeing the burglarized home. on his person, investigators found a yellow rubber glove that was later found to match glove prints that were found on property that was known to have been stolen from the home. in 2001, cobb county, georgia, us, law enforcement responded to a break - in and burglary of an under - construction condominium development and found glove marks on a window that had been pushed open by the perpetrator. law enforcement later found the perpetrator hiding in the complex and collected items that the perpetrator was hiding with him. investigators were able to match the texture and weave pattern of the palms of the pair of construction / work - type gloves that the perpetrator had to the glove prints found on the window. in 2002, grand rapids, michigan law enforcement was investigating a string of burglaries in the area. no fingerprints were found but latent glove prints were found with the use of fingerprint powder. a particularly detailed hand print of a leather glove became visible at the break - in point of one burglary. after a group of suspected burglars were brought in, the investigators received a warrant to search a vehicle that was linked the suspects. a brown leather batting glove was recovered that seemed to match the stitch detail on the glove prints taken from the break - in point. after scanning both the palm of the leather glove and the recovered glove print into a computer, the investigators used adobe photoshop software to compare the grain detail of the glove with the grain detail of the glove print. the investigators were thus able to match the stitching and grain detail of both, thus incriminating the suspects. in 2009, a teenager was arrested in royal oak, michigan for obstructing police near the location of a recently reported burglary. while in custody investigators compared the gloves that the suspect had in his possession to glove prints that were found at several break -
than is available or necessary, resulting in a higher rate of acquittal when such evidence is absent ; and second, that jurors have greater confidence in forensic and particularly dna evidence than is warranted, resulting in a higher rate of conviction when such evidence is present. while these and other effects may be caused by crime shows, the most commonly reported effect is that jurors are wrongly acquitting defendants despite overwhelming evidence of guilt. in particular, prosecutors have reported feeling pressured to provide dna evidence even when eyewitness testimony is available. in fact, in a study of 444 prosecutors, 56 % believed the csi effect to almost always or always influence juries, and 81 % believed the csi effect to influence judges. in one highly publicized incident, los angeles county, california district attorney steve cooley blamed actor robert blake's acquittal on murder charges on the csi effect. cooley noted that the " not guilty " verdict came despite two witness accounts of blake's guilt, and claimed that the jury members were " incredibly stupid ". by 2005, some judges and prosecutors had begun altering their trial preparations and procedures in an attempt to counter the csi effect. some ask questions about crime drama television viewership during voir dire to target biased jurors. for example, in charles and drake v. state ( 2010 ), the defendants were convicted of second degree murder, and during voir dire, the judge presented a question about the csi effect. in this case, the maryland appellate court ruled the csi effect voir dire question inappropriate due to its biased language and use of the term " convict " without mention of acquittal. prosecutors have also used opening statements and closing arguments to minimize the possible impact of the csi effect. in goff v. state ( 2009 ), the prosecutor asked jurors during voir dire about their ability to render a verdict without scientific evidence, and then reminded them during closing arguments about this question. in this case, the mention of the csi effect was considered acceptable because the language used was neutral and unbiased. additionally, jury instructions have also been used as a means of informing jurors about the csi effect. in atkins v. state ( 2011 ), the jury was instructed that scientific evidence is not necessary for a case to be valid. the court ruled that this jury instruction regarding scientific evidence was improper because the state was not held to its burden of proof. furthermore, prosecutors have hired expert witnesses to explain why particular forms of physical evidence are not relevant to their cases. in
this also happens because criminals also opt to wear gloves that are both tight - fitting and relatively short, which makes the occurrence of prints being made by the butt of the palm and the wrist ( palm prints ) more common as the gloves may slip, thus exposing areas of the skin that may leave prints. also, many times criminals would discard their gloves at crime scenes or hide them nearby. today, latent fingerprints ( first discovered on the surfaces of fabrics by investigators in the 1930s ), as well as dna and incriminating bacteria can also be recovered from the inside of these discarded gloves. in many jurisdictions the act of wearing gloves itself while committing a crime can be prosecuted as an inchoate offense. by the 1950s, after over a half century of frustration due to the wearing of gloves by assailants, fingerprint experts began studies to determine how it may be feasible to detect and compare glove prints found at crime scenes. in 1971, the metropolitan police service of london, england claims the first ( or one of the first ) convictions based on glove print - evidence. glove - prints were found on a broken window and were later matched to the gloves of a suspect. in 2005, a german forensic scientist and engineer carried out various empirical studies on glove prints. the manufacturing engineer carried out basic research into the manufacturing techniques of gloves to determine individual and functional characteristics of the glove surfaces. this included purely textile gloves, coated textile gloves ( also dotted gloves ), as well as gloves made of dipping forms and leather or artificial leather gloves, together with combinations of the aforementioned surfaces. he also developed the anatomical effects of the hand when creating glove prints. at the same time, many landeskriminalamt began to transfer glove prints into their databases of traces. since 2012, glove prints are an inherent part of the education of forensic experts at the bundeskriminalamt ( germany ) ( division kt β forensic science institute ). starting in early 2009, law enforcement in derbyshire, east midlands, england began uploading hundreds of files of collected glove prints into their criminal database. glove print database to help police in their fight against crime the glove mark working group in derbyshire includes the derbyshire police department, the home office scientific development branch, and nottingham trent university. with the belief that individual offenders possess preferences for specific types of gloves ( style and fabric / material ), forensic scientists have also used glove print databases to create complex computations and charts that isolate, geographically, " hot spots " where prints taken from specific types of gloves are matched against
mitigating factor or an aggravating factor. however, most jurisdictions differentiate between voluntary intoxication and involuntary intoxication. in some cases, intoxication ( usually involuntary intoxication ) may be covered by the insanity defense. = = = withdrawal or refusal of defense = = = several cases have ruled that persons found not guilty by reason of insanity may not withdraw the defense in a habeas petition to pursue an alternative, although there have been exceptions in other rulings. in colorado v. connelly, 700 a. 2d 694 ( conn. app. ct. 1997 ), the petitioner who had originally been found not guilty by reason of insanity and committed for ten years to the jurisdiction of a psychiatric security review board, filed a pro se writ of habeas corpus and the court vacated his insanity acquittal. he was granted a new trial and found guilty of the original charges, receiving a prison sentence of 40 years. in the landmark case of frendak v. united states in 1979, the court ruled that the insanity defense cannot be imposed upon an unwilling defendant if an intelligent defendant voluntarily wishes to forgo the defense. = = usage = = this increased coverage gives the impression that the defense is widely used, but this is not the case. according to an eight - state study, the insanity defense is used in less than 1 % of all court cases and, when used, has only a 26 % success rate. of those cases that were successful, 90 % of the defendants had been previously diagnosed with mental illness. = = psychiatric treatment = = in the united states, those found to have been not guilty by reason of mental disorder or insanity are generally then required to undergo psychiatric treatment in a mental institution, except in the case of temporary insanity. in england and wales, under the criminal procedure ( insanity and unfitness to plead ) act of 1991 ( amended by the domestic violence, crime and victims act, 2004 to remove the option of a guardianship order ), the court can mandate a hospital order, a restriction order ( where release from hospital requires the permission of the home secretary ), a " supervision and treatment " order, or an absolute discharge. unlike defendants who are found guilty of a crime, they are not institutionalized for a fixed period, but rather held in the institution until they are determined not to be a threat. authorities making this decision tend to be cautious, and as a result, defendants can often be institutionalized for longer than they would have been incarcerated in prison. = =
Answer:
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denied, because fingerprinting is not a critical stage of the proceeding requiring the assistance of counsel.
| 0.3 |
Barnes was hired as an assistant professor of mathematics at Reardon State College and is now in his third consecutive one-year contract. Under state law, he cannot acquire tenure until after five consecutive annual contracts. In his third year, Barnes was notified that he was not being rehired for the following year. Applicable state law and college rules did not require either a statement of reasons or a hearing, and in fact neither was offered to BarnesWhich of the following, if established, sets forth the strongest constitutional argument Barnes could make to compel the college to furnish him a statement of reasons for the failure to rehire him and an opportunity for a hearing?
0. There is no evidence that tenured teachers are any more qualified than he is.
1. He leased a home in reliance on an oral promise of reemployment by the college president.
2. He was the only teacher at the college whose contract was not renewed that year.
3. In the expectation of remaining at the college, he had just moved his elderly parents to the town in which the college is located.
to dismiss any worker, or any number of workers, for any reason at all. an individual, or a collective agreement, according to the general doctrine of freedom of contract could always stipulate that an employee should only be dismissed for a good reason, or a " just cause ", or that elected employee representatives would have a say on whether a dismissal should take effect. however, the position of the typical 19th - century worker meant that this was rare. the at - will practice is typically traced to a treatise published by horace gray wood in 1877, called master and servant. wood cited four u. s. cases as authority for his rule that when a hiring was indefinite, the burden of proof was on the servant to prove that an indefinite employment term was for one year. in toussaint v. blue cross & blue shield of michigan, the court noted that " wood's rule was quickly cited as authority for another proposition. " wood, however, misinterpreted two of the cases which in fact showed that in massachusetts and michigan, at least, the rule was that employees should have notice before dismissal according to the periods of their contract. in new york, the first case to adopt wood's rule was martin v. new york life insurance company ( 1895 ). justice edward t. bartlett wrote that new york law now followed wood's treatise, which meant that an employee who received $ 10, 000, paid in a salary over a year, could be dismissed immediately. the case did not make reference to the previous authority. four years earlier, adams v. fitzpatrick ( 1891 ) had held that new york law followed the general practice of requiring notice similar to pay periods. however, subsequent new york cases continued to follow the at - will rule into the early 20th century. some courts saw the rule as requiring the employee to prove an express contract for a definite term in order to maintain an action based on termination of the employment. thus was born the u. s. at - will employment rule, which allowed discharge for no reason. this rule was adopted by all u. s. states. in 1959, the first judicial exception to the at - will rule was created by one of the california courts of appeal. later, in a 1980 landmark case involving arco, the supreme court of california endorsed the rule first articulated by the court of appeal. the resulting civil actions by employees are now known in california as tameny actions for wrongful termination in violation of public policy. since 1959, several common law and statutory exceptions to at
law recognized neither the tort of wrongful discharge, nor exceptions for firings that violate public policy, and an employee's explicit employee handbook disclaimer preserved the at - will employment relationship. in the same 2000 decision mentioned above, the supreme court of california held that the length of an employee's long and successful service, standing alone, is not evidence in and of itself of an implied - in - fact contract not to terminate except for cause. = = = " implied - in - law " contracts = = = eleven us states have recognized a breach of an implied covenant of good faith and fair dealing as an exception to at - will employment. the states are : court interpretations of this have varied from requiring " just cause " to denial of terminations made for malicious reasons, such as terminating a long - tenured employee solely to avoid the obligation of paying the employee's accrued retirement benefits. other court rulings have denied the exception, holding that it is too burdensome upon the court for it to have to determine an employer's true motivation for terminating an employee. = = statutory exceptions = = every state, including montana, is at - will by default. however, montana defaults to a probationary period, after which termination is only lawful if for good cause. although all u. s. states have a number of statutory protections for employees, wrongful termination lawsuits brought under statutory causes of action typically use the federal anti - discrimination statutes, which prohibit firing or refusing to hire an employee because of race, color, religion, sex, national origin, age, or handicap status. other reasons an employer may not use to fire an at - will employee are : for refusing to commit illegal acts β an employer is not permitted to fire an employee because the employee refuses to commit an act that is illegal. family or medical leave β federal law permits most employees to take a leave of absence for specific family or medical problems. an employer is not permitted to fire an employee who takes family or medical leave for a reason outlined in the family and medical leave act of 1993. in retaliation against the employee for a protected action taken by the employee β " protected actions " include suing for wrongful termination, testifying as a witness in a wrongful termination case, or even opposing what they believe, whether they can prove it or not, to be wrongful discrimination. in the federal case of ross v. vanguard, raymond ross successfully sued his employer for firing him due to his allegations of racial discrimination. examples of federal statutes include : the
five - member board of regents on the corner of beretania and victoria streets ( now the location of the honolulu museum of art school ). the board of regents first selected j. e. roadhouse of the university of california to head the new college in october 1907 but unfortunately had died before leaving berkeley. with classes scheduled to start in february 1908, the regents persuaded willis t. pope, vice principal of the territorial normal school, to head the college for its first semester. in spring 1908, the regents appointed john w. gilmore, professor of agriculture at cornell university, as the college's first president. the cornell connection would strongly influence the shaping of the new college, even today. it officially became an institution of higher learning on september 14, 1908, when it enrolled 5 freshmen registered for a bachelor of science degree. willis t. pope went on to become the superintendent of public instruction in the territory of hawai β i from 1910 until 1913 and later a professor of botany and horticulture at the university. in september 1912 it moved to its present location in manoa valley on 90 acres of land that had been cobbled together from leased and private lands and was renamed the college of hawaii. william kwai fong yap, a cashier at bank of hawaii, and a group of citizens petitioned the hawaii territorial legislature six years later for university status which led to another renaming finally to the university of hawaiΚ»i on april 30, 1919, with the addition of the college of arts and sciences and college of applied science. in the years following, the university expanded to include more than 300 acres. in 1931 the territorial normal school was absorbed into the university, becoming teacher's college, now the college of education. = = = 20th century = = = the university continued its growth throughout the 1930s and 1940s increasing from 232 to 402 acres. the number of buildings grew from 4 to 17. following the attack on pearl harbor in december 1941, classes were suspended for two months while the corps of engineers occupied much of the campus, including the teacher's college, for various purposes. the university's rotc program was put into active duty, which made the campus resemble a military school. when classes resumed on february 11, 1942, about half of the student and faculty body left to enter the war or military service. students who returned to campus found classes cancelled due to lack of faculty and were required to carry gas masks to classes and bomb shelters were kept at a ready. once the war was over, student enrollment grew faster than the
warsh, who took office in 2006 to fill the unexpired term ending january 31, 2018, and resigned his position effective march 31, 2011. in march 2012, u. s. senator david vitter ( r, la ) said he would oppose obama's stein and powell nominations, dampening near - term hopes for approval. however, senate leaders reached a deal, paving the way for affirmative votes on the two nominees in may 2012 and bringing the board to full strength for the first time since 2006 with duke's service after term end. later, on january 6, 2014, the united states senate confirmed yellen's nomination to be chair of the federal reserve board of governors ; she was the first woman to hold the position. subsequently, president obama nominated stanley fischer to replace yellen as the vice - chair. in april 2014, stein announced he was leaving to return to harvard on may 28 with four years remaining on his term. at the time of the announcement, the fomc " already is down three members as it awaits the senate confirmation of... fischer and lael brainard, and as [ president ] obama has yet to name a replacement for... duke.... powell is still serving as he awaits his confirmation for a second term. " allan r. landon, former president and ceo of the bank of hawaii, was nominated in early 2015 by president obama to the board. in july 2015, president obama nominated university of michigan economist kathryn m. dominguez to fill the second vacancy on the board. the senate had not yet acted on landon's confirmation by the time of the second nomination. daniel tarullo submitted his resignation from the board on february 10, 2017, effective on or around april 5, 2017. = = = federal open market committee = = = the federal open market committee ( fomc ) consists of 12 members, seven from the board of governors and 5 of the regional federal reserve bank presidents. the fomc oversees and sets policy on open market operations, the principal tool of national monetary policy. these operations affect the amount of federal reserve balances available to depository institutions, thereby influencing overall monetary and credit conditions. the fomc also directs operations undertaken by the federal reserve in foreign exchange markets. the fomc must reach consensus on all decisions. the president of the federal reserve bank of new york is a permanent member of the fomc ; the presidents of the other banks rotate membership at two - and three - year intervals.
donald lester kreider ( december 5, 1931 β december 7, 2006 ) was an american mathematician and educator who served as president of the mathematical association of america ( 1993 β 1994 ). = = early life = = kreider was born on december 5, 1931, in lancaster, pennsylvania. he attended high school in lititz, pennsylvania, and college at lebanon valley college, where he received a bachelor's degree in 1953. in 1959, he received a phd in mathematics from the massachusetts institute of technology for a thesis in recursive function theory supervised by hartley rogers. = = career = = kreider spent a postdoctoral year at mit before joining the department of mathematics at dartmouth college in 1960. at both mit and dartmouth, kreider was known for excellent teaching. his advisor hartley rogers at mit commented that " he had a graduate student [ who ] was an extraordinary teacher [ and ] won the goodwin medal for teaching at mit ". john kemeny at dartmouth remarked that it was difficult to find faculty who could teach well at both the undergraduate and graduate levels, but that " occasionally you are lucky β don kreider is an example. don is spectacular at anything he teaches. " initially, kreider continued research and writing in recursive function theory, working with robert w. ritchie. but he increasingly turned his attention to mathematical pedagogy, writing textbooks in recursive function theory, differential equations, and linear analysis with colleagues in the department of mathematics. starting in 1960, kreider became active in the committee on the undergraduate program in mathematics ( cupm ) at the mathematical association of america ( maa ), where he later led the subpanel on calculus and received one of the first grants in the calculus initiative launched by the national science foundation in 1989. kreider had a long - standing interest in the use of computation in teaching calculus. working with john kemeny and thomas e. kurtz, he developed programs that provided automatic feedback to students about four programs in dartmouth basic that they were assigned to write in freshman mathematics courses taken by 80 % of all dartmouth students. later he was lead author of a book supporting the use of the hp - 48g / gx calculator and co - author with his colleague dwight lahr of an interactive set of teaching modules. also in the 1960s, kreider chaired the school board in norwich, vermont and was instrumental in forming the dresden school district, the first inter - state school district in the united states, between norwich
Answer:
|
He leased a home in reliance on an oral promise of reemployment by the college president.
| null |
Barnes was hired as an assistant professor of mathematics at Reardon State College and is now in his third consecutive one-year contract. Under state law, he cannot acquire tenure until after five consecutive annual contracts. In his third year, Barnes was notified that he was not being rehired for the following year. Applicable state law and college rules did not require either a statement of reasons or a hearing, and in fact neither was offered to BarnesWhich of the following, if established, sets forth the strongest constitutional argument Barnes could make to compel the college to furnish him a statement of reasons for the failure to rehire him and an opportunity for a hearing?
0. There is no evidence that tenured teachers are any more qualified than he is.
1. He leased a home in reliance on an oral promise of reemployment by the college president.
2. He was the only teacher at the college whose contract was not renewed that year.
3. In the expectation of remaining at the college, he had just moved his elderly parents to the town in which the college is located.
to dismiss any worker, or any number of workers, for any reason at all. an individual, or a collective agreement, according to the general doctrine of freedom of contract could always stipulate that an employee should only be dismissed for a good reason, or a " just cause ", or that elected employee representatives would have a say on whether a dismissal should take effect. however, the position of the typical 19th - century worker meant that this was rare. the at - will practice is typically traced to a treatise published by horace gray wood in 1877, called master and servant. wood cited four u. s. cases as authority for his rule that when a hiring was indefinite, the burden of proof was on the servant to prove that an indefinite employment term was for one year. in toussaint v. blue cross & blue shield of michigan, the court noted that " wood's rule was quickly cited as authority for another proposition. " wood, however, misinterpreted two of the cases which in fact showed that in massachusetts and michigan, at least, the rule was that employees should have notice before dismissal according to the periods of their contract. in new york, the first case to adopt wood's rule was martin v. new york life insurance company ( 1895 ). justice edward t. bartlett wrote that new york law now followed wood's treatise, which meant that an employee who received $ 10, 000, paid in a salary over a year, could be dismissed immediately. the case did not make reference to the previous authority. four years earlier, adams v. fitzpatrick ( 1891 ) had held that new york law followed the general practice of requiring notice similar to pay periods. however, subsequent new york cases continued to follow the at - will rule into the early 20th century. some courts saw the rule as requiring the employee to prove an express contract for a definite term in order to maintain an action based on termination of the employment. thus was born the u. s. at - will employment rule, which allowed discharge for no reason. this rule was adopted by all u. s. states. in 1959, the first judicial exception to the at - will rule was created by one of the california courts of appeal. later, in a 1980 landmark case involving arco, the supreme court of california endorsed the rule first articulated by the court of appeal. the resulting civil actions by employees are now known in california as tameny actions for wrongful termination in violation of public policy. since 1959, several common law and statutory exceptions to at
law recognized neither the tort of wrongful discharge, nor exceptions for firings that violate public policy, and an employee's explicit employee handbook disclaimer preserved the at - will employment relationship. in the same 2000 decision mentioned above, the supreme court of california held that the length of an employee's long and successful service, standing alone, is not evidence in and of itself of an implied - in - fact contract not to terminate except for cause. = = = " implied - in - law " contracts = = = eleven us states have recognized a breach of an implied covenant of good faith and fair dealing as an exception to at - will employment. the states are : court interpretations of this have varied from requiring " just cause " to denial of terminations made for malicious reasons, such as terminating a long - tenured employee solely to avoid the obligation of paying the employee's accrued retirement benefits. other court rulings have denied the exception, holding that it is too burdensome upon the court for it to have to determine an employer's true motivation for terminating an employee. = = statutory exceptions = = every state, including montana, is at - will by default. however, montana defaults to a probationary period, after which termination is only lawful if for good cause. although all u. s. states have a number of statutory protections for employees, wrongful termination lawsuits brought under statutory causes of action typically use the federal anti - discrimination statutes, which prohibit firing or refusing to hire an employee because of race, color, religion, sex, national origin, age, or handicap status. other reasons an employer may not use to fire an at - will employee are : for refusing to commit illegal acts β an employer is not permitted to fire an employee because the employee refuses to commit an act that is illegal. family or medical leave β federal law permits most employees to take a leave of absence for specific family or medical problems. an employer is not permitted to fire an employee who takes family or medical leave for a reason outlined in the family and medical leave act of 1993. in retaliation against the employee for a protected action taken by the employee β " protected actions " include suing for wrongful termination, testifying as a witness in a wrongful termination case, or even opposing what they believe, whether they can prove it or not, to be wrongful discrimination. in the federal case of ross v. vanguard, raymond ross successfully sued his employer for firing him due to his allegations of racial discrimination. examples of federal statutes include : the
five - member board of regents on the corner of beretania and victoria streets ( now the location of the honolulu museum of art school ). the board of regents first selected j. e. roadhouse of the university of california to head the new college in october 1907 but unfortunately had died before leaving berkeley. with classes scheduled to start in february 1908, the regents persuaded willis t. pope, vice principal of the territorial normal school, to head the college for its first semester. in spring 1908, the regents appointed john w. gilmore, professor of agriculture at cornell university, as the college's first president. the cornell connection would strongly influence the shaping of the new college, even today. it officially became an institution of higher learning on september 14, 1908, when it enrolled 5 freshmen registered for a bachelor of science degree. willis t. pope went on to become the superintendent of public instruction in the territory of hawai β i from 1910 until 1913 and later a professor of botany and horticulture at the university. in september 1912 it moved to its present location in manoa valley on 90 acres of land that had been cobbled together from leased and private lands and was renamed the college of hawaii. william kwai fong yap, a cashier at bank of hawaii, and a group of citizens petitioned the hawaii territorial legislature six years later for university status which led to another renaming finally to the university of hawaiΚ»i on april 30, 1919, with the addition of the college of arts and sciences and college of applied science. in the years following, the university expanded to include more than 300 acres. in 1931 the territorial normal school was absorbed into the university, becoming teacher's college, now the college of education. = = = 20th century = = = the university continued its growth throughout the 1930s and 1940s increasing from 232 to 402 acres. the number of buildings grew from 4 to 17. following the attack on pearl harbor in december 1941, classes were suspended for two months while the corps of engineers occupied much of the campus, including the teacher's college, for various purposes. the university's rotc program was put into active duty, which made the campus resemble a military school. when classes resumed on february 11, 1942, about half of the student and faculty body left to enter the war or military service. students who returned to campus found classes cancelled due to lack of faculty and were required to carry gas masks to classes and bomb shelters were kept at a ready. once the war was over, student enrollment grew faster than the
warsh, who took office in 2006 to fill the unexpired term ending january 31, 2018, and resigned his position effective march 31, 2011. in march 2012, u. s. senator david vitter ( r, la ) said he would oppose obama's stein and powell nominations, dampening near - term hopes for approval. however, senate leaders reached a deal, paving the way for affirmative votes on the two nominees in may 2012 and bringing the board to full strength for the first time since 2006 with duke's service after term end. later, on january 6, 2014, the united states senate confirmed yellen's nomination to be chair of the federal reserve board of governors ; she was the first woman to hold the position. subsequently, president obama nominated stanley fischer to replace yellen as the vice - chair. in april 2014, stein announced he was leaving to return to harvard on may 28 with four years remaining on his term. at the time of the announcement, the fomc " already is down three members as it awaits the senate confirmation of... fischer and lael brainard, and as [ president ] obama has yet to name a replacement for... duke.... powell is still serving as he awaits his confirmation for a second term. " allan r. landon, former president and ceo of the bank of hawaii, was nominated in early 2015 by president obama to the board. in july 2015, president obama nominated university of michigan economist kathryn m. dominguez to fill the second vacancy on the board. the senate had not yet acted on landon's confirmation by the time of the second nomination. daniel tarullo submitted his resignation from the board on february 10, 2017, effective on or around april 5, 2017. = = = federal open market committee = = = the federal open market committee ( fomc ) consists of 12 members, seven from the board of governors and 5 of the regional federal reserve bank presidents. the fomc oversees and sets policy on open market operations, the principal tool of national monetary policy. these operations affect the amount of federal reserve balances available to depository institutions, thereby influencing overall monetary and credit conditions. the fomc also directs operations undertaken by the federal reserve in foreign exchange markets. the fomc must reach consensus on all decisions. the president of the federal reserve bank of new york is a permanent member of the fomc ; the presidents of the other banks rotate membership at two - and three - year intervals.
donald lester kreider ( december 5, 1931 β december 7, 2006 ) was an american mathematician and educator who served as president of the mathematical association of america ( 1993 β 1994 ). = = early life = = kreider was born on december 5, 1931, in lancaster, pennsylvania. he attended high school in lititz, pennsylvania, and college at lebanon valley college, where he received a bachelor's degree in 1953. in 1959, he received a phd in mathematics from the massachusetts institute of technology for a thesis in recursive function theory supervised by hartley rogers. = = career = = kreider spent a postdoctoral year at mit before joining the department of mathematics at dartmouth college in 1960. at both mit and dartmouth, kreider was known for excellent teaching. his advisor hartley rogers at mit commented that " he had a graduate student [ who ] was an extraordinary teacher [ and ] won the goodwin medal for teaching at mit ". john kemeny at dartmouth remarked that it was difficult to find faculty who could teach well at both the undergraduate and graduate levels, but that " occasionally you are lucky β don kreider is an example. don is spectacular at anything he teaches. " initially, kreider continued research and writing in recursive function theory, working with robert w. ritchie. but he increasingly turned his attention to mathematical pedagogy, writing textbooks in recursive function theory, differential equations, and linear analysis with colleagues in the department of mathematics. starting in 1960, kreider became active in the committee on the undergraduate program in mathematics ( cupm ) at the mathematical association of america ( maa ), where he later led the subpanel on calculus and received one of the first grants in the calculus initiative launched by the national science foundation in 1989. kreider had a long - standing interest in the use of computation in teaching calculus. working with john kemeny and thomas e. kurtz, he developed programs that provided automatic feedback to students about four programs in dartmouth basic that they were assigned to write in freshman mathematics courses taken by 80 % of all dartmouth students. later he was lead author of a book supporting the use of the hp - 48g / gx calculator and co - author with his colleague dwight lahr of an interactive set of teaching modules. also in the 1960s, kreider chaired the school board in norwich, vermont and was instrumental in forming the dresden school district, the first inter - state school district in the united states, between norwich
Answer:
|
He was the only teacher at the college whose contract was not renewed that year.
| 0.3 |
Barnes was hired as an assistant professor of mathematics at Reardon State College and is now in his third consecutive one-year contract. Under state law, he cannot acquire tenure until after five consecutive annual contracts. In his third year, Barnes was notified that he was not being rehired for the following year. Applicable state law and college rules did not require either a statement of reasons or a hearing, and in fact neither was offered to BarnesWhich of the following, if established, most strongly supports the college in refusing to give Barnes a statement of reasons or an opportunity for a hearing?
0. Barnes' academic performance had been substandard. 19
1. A speech he made that was critical of administration policies violated a college regulation concerning teacher behavior.
2. Barnes worked at the college for less than five years.
3. Barnes could be replaced with a more competent teacher
the same charges, and his rights to an expedited hearing were allegedly denied while a suspension was in place. on may 15, 2001, the california medical association filed an amicus curiae brief to emphasize legal protections meant to prevent physicians being arbitrarily excluded from access to healthcare facilities based on mechanisms such as summary suspension without a speedy hearing. this case was decided on april 18, 2005. the court ruled that the hearing officer in the case could indeed terminate the physician's peer review hearing based on grounds that the physician refused to cooperate on procedural and other matters necessary for the good conduct of the proceedings. thus, the physician lost his membership and privileges at the hospital. ironically, the same physician was brought into a peer review hearing at another facility a short time later. the hearing officer in that case also terminated the proceedings, this time due to the physician's failure to turn over certain evidence for use in the hearing. the physician challenged the termination through the court system arguing, contrary to the tenet appellate court ruling, that california's peer review statutes never intended the hearing officer in peer review hearings to have such powers of termination. the california supreme court reviewed the case and agreed in april 2009. the high court ruled, among other things, that peer review hearing officers must defer the question of termination to the panel of physicians who sit in judgment of each peer review hearing. = = = roland chalifoux = = = roland chalifoux, member of an advocacy organisation called the semmelweis society, had his medical license revoked in texas in 2004 after numerous incidents including the death of a patient. the texas state board of medical examiners stated that chalifoux's practices " constitute such a deviation from the standard of care that revocation of his license is the only sanction that will adequately protect the public ". chalifoux subsequently secured permission to practice in west virginia, and alleges that the texas board's actions constitute sham peer review. = = = charles williams, md = = = six years after charles williams, md, an anesthesiologist was summarily suspended by university medical center of southern nevada, a federal jury in las vegas awarded dr. williams $ 8. 8 million as compensation for the due process violations he experienced in his sham peer review. before the trial, which began may 16, u. s. district judge philip pro made a finding that ellerton and umc's medical staff had violated williams'due process rights. that left
law recognized neither the tort of wrongful discharge, nor exceptions for firings that violate public policy, and an employee's explicit employee handbook disclaimer preserved the at - will employment relationship. in the same 2000 decision mentioned above, the supreme court of california held that the length of an employee's long and successful service, standing alone, is not evidence in and of itself of an implied - in - fact contract not to terminate except for cause. = = = " implied - in - law " contracts = = = eleven us states have recognized a breach of an implied covenant of good faith and fair dealing as an exception to at - will employment. the states are : court interpretations of this have varied from requiring " just cause " to denial of terminations made for malicious reasons, such as terminating a long - tenured employee solely to avoid the obligation of paying the employee's accrued retirement benefits. other court rulings have denied the exception, holding that it is too burdensome upon the court for it to have to determine an employer's true motivation for terminating an employee. = = statutory exceptions = = every state, including montana, is at - will by default. however, montana defaults to a probationary period, after which termination is only lawful if for good cause. although all u. s. states have a number of statutory protections for employees, wrongful termination lawsuits brought under statutory causes of action typically use the federal anti - discrimination statutes, which prohibit firing or refusing to hire an employee because of race, color, religion, sex, national origin, age, or handicap status. other reasons an employer may not use to fire an at - will employee are : for refusing to commit illegal acts β an employer is not permitted to fire an employee because the employee refuses to commit an act that is illegal. family or medical leave β federal law permits most employees to take a leave of absence for specific family or medical problems. an employer is not permitted to fire an employee who takes family or medical leave for a reason outlined in the family and medical leave act of 1993. in retaliation against the employee for a protected action taken by the employee β " protected actions " include suing for wrongful termination, testifying as a witness in a wrongful termination case, or even opposing what they believe, whether they can prove it or not, to be wrongful discrimination. in the federal case of ross v. vanguard, raymond ross successfully sued his employer for firing him due to his allegations of racial discrimination. examples of federal statutes include : the
to dismiss any worker, or any number of workers, for any reason at all. an individual, or a collective agreement, according to the general doctrine of freedom of contract could always stipulate that an employee should only be dismissed for a good reason, or a " just cause ", or that elected employee representatives would have a say on whether a dismissal should take effect. however, the position of the typical 19th - century worker meant that this was rare. the at - will practice is typically traced to a treatise published by horace gray wood in 1877, called master and servant. wood cited four u. s. cases as authority for his rule that when a hiring was indefinite, the burden of proof was on the servant to prove that an indefinite employment term was for one year. in toussaint v. blue cross & blue shield of michigan, the court noted that " wood's rule was quickly cited as authority for another proposition. " wood, however, misinterpreted two of the cases which in fact showed that in massachusetts and michigan, at least, the rule was that employees should have notice before dismissal according to the periods of their contract. in new york, the first case to adopt wood's rule was martin v. new york life insurance company ( 1895 ). justice edward t. bartlett wrote that new york law now followed wood's treatise, which meant that an employee who received $ 10, 000, paid in a salary over a year, could be dismissed immediately. the case did not make reference to the previous authority. four years earlier, adams v. fitzpatrick ( 1891 ) had held that new york law followed the general practice of requiring notice similar to pay periods. however, subsequent new york cases continued to follow the at - will rule into the early 20th century. some courts saw the rule as requiring the employee to prove an express contract for a definite term in order to maintain an action based on termination of the employment. thus was born the u. s. at - will employment rule, which allowed discharge for no reason. this rule was adopted by all u. s. states. in 1959, the first judicial exception to the at - will rule was created by one of the california courts of appeal. later, in a 1980 landmark case involving arco, the supreme court of california endorsed the rule first articulated by the court of appeal. the resulting civil actions by employees are now known in california as tameny actions for wrongful termination in violation of public policy. since 1959, several common law and statutory exceptions to at
federal statute. this includes retaliating against an employee for performing an action that complies with public policy ( such as repeatedly warning that the employer is shipping defective airplane parts in violation of safety regulations promulgated pursuant to the federal aviation act of 1958 ), as well as refusing to perform an action that would violate public policy. in this diagram, the pink states have the'exception ', which protects the employee. as of october 2000, 42 u. s. states and the district of columbia recognize public policy as an exception to the at - will rule. the 8 states which do not have the exception are : = = = implied contract exceptions = = = thirty - six u. s. states ( and the district of columbia ) also recognize an implied contract as an exception to at - will employment. under the implied contract exception, an employer may not fire an employee " when an implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists. " proving the terms of an implied contract is often difficult, and the burden of proof is on the fired employee. implied employment contracts are most often found when an employer's personnel policies or handbooks indicate that an employee will not be fired except for good cause or specify a process for firing. if the employer fires the employee in violation of an implied employment contract, the employer may be found liable for breach of contract. thirty - six u. s. states have an implied - contract exception. the 14 states having no such exception are : the implied - contract theory to circumvent at - will employment must be treated with caution. in 2006, the supreme court of texas in matagorda county hospital district v. burwell held that a provision in an employee handbook stating that dismissal may be for cause, and requiring employee records to specify the reason for termination, did not modify an employee's at - will employment. the new york court of appeals, that state's highest court, also rejected the implied - contract theory to circumvent employment at will. in anthony lobosco, appellant v. new york telephone company / nynex, respondent, the court restated the prevailing rule that an employee could not maintain an action for wrongful discharge where state law recognized neither the tort of wrongful discharge, nor exceptions for firings that violate public policy, and an employee's explicit employee handbook disclaimer preserved the at - will employment relationship. in the same 2000 decision mentioned above, the supreme
court of california endorsed the rule first articulated by the court of appeal. the resulting civil actions by employees are now known in california as tameny actions for wrongful termination in violation of public policy. since 1959, several common law and statutory exceptions to at - will employment have been created. common law protects an employee from retaliation if the employee disobeys an employer on the grounds that the employer ordered him or her to do something illegal or immoral. however, in the majority of cases, the burden of proof remains upon the discharged employee. no u. s. state but montana has chosen to statutorily modify the employment at - will rule. in 1987, the montana legislature passed the wrongful discharge from employment act ( wdea ). the wdea is unique in that, although it purports to preserve the at - will concept in employment law, it also expressly enumerates the legal basis for a wrongful discharge action. under the wdea, a discharge is wrongful only if : " it was in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy ; the discharge was not for good cause and the employee had completed the employer's probationary period of employment ; or the employer violated the express provisions of its own written personnel policy. " the doctrine of at - will employment can be overridden by an express contract or civil service statutes ( in the case of government employees ). as many as 34 % of all u. s. employees apparently enjoy the protection of some kind of " just cause " or objectively reasonable requirement for termination that takes them out of the pure " at - will " category, including the 7. 5 % of unionized private - sector workers, the 0. 8 % of nonunion private - sector workers protected by union contracts, the 15 % of nonunion private - sector workers with individual express contracts that override the at - will doctrine, and the 16 % of the total workforce who enjoy civil service protections as public - sector employees. = = by state = = = = = public policy exceptions = = = under the public policy exception, an employer may not fire an employee if the termination would violate the state's public policy doctrine or a state or federal statute. this includes retaliating against an employee for performing an action that complies with public policy ( such as repeatedly warning that the employer is shipping defective airplane parts in violation of safety regulations promulgated pursuant to the federal aviation act of
Answer:
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Barnes worked at the college for less than five years.
| null |
Barnes was hired as an assistant professor of mathematics at Reardon State College and is now in his third consecutive one-year contract. Under state law, he cannot acquire tenure until after five consecutive annual contracts. In his third year, Barnes was notified that he was not being rehired for the following year. Applicable state law and college rules did not require either a statement of reasons or a hearing, and in fact neither was offered to BarnesWhich of the following, if established, most strongly supports the college in refusing to give Barnes a statement of reasons or an opportunity for a hearing?
0. Barnes' academic performance had been substandard. 19
1. A speech he made that was critical of administration policies violated a college regulation concerning teacher behavior.
2. Barnes worked at the college for less than five years.
3. Barnes could be replaced with a more competent teacher
the same charges, and his rights to an expedited hearing were allegedly denied while a suspension was in place. on may 15, 2001, the california medical association filed an amicus curiae brief to emphasize legal protections meant to prevent physicians being arbitrarily excluded from access to healthcare facilities based on mechanisms such as summary suspension without a speedy hearing. this case was decided on april 18, 2005. the court ruled that the hearing officer in the case could indeed terminate the physician's peer review hearing based on grounds that the physician refused to cooperate on procedural and other matters necessary for the good conduct of the proceedings. thus, the physician lost his membership and privileges at the hospital. ironically, the same physician was brought into a peer review hearing at another facility a short time later. the hearing officer in that case also terminated the proceedings, this time due to the physician's failure to turn over certain evidence for use in the hearing. the physician challenged the termination through the court system arguing, contrary to the tenet appellate court ruling, that california's peer review statutes never intended the hearing officer in peer review hearings to have such powers of termination. the california supreme court reviewed the case and agreed in april 2009. the high court ruled, among other things, that peer review hearing officers must defer the question of termination to the panel of physicians who sit in judgment of each peer review hearing. = = = roland chalifoux = = = roland chalifoux, member of an advocacy organisation called the semmelweis society, had his medical license revoked in texas in 2004 after numerous incidents including the death of a patient. the texas state board of medical examiners stated that chalifoux's practices " constitute such a deviation from the standard of care that revocation of his license is the only sanction that will adequately protect the public ". chalifoux subsequently secured permission to practice in west virginia, and alleges that the texas board's actions constitute sham peer review. = = = charles williams, md = = = six years after charles williams, md, an anesthesiologist was summarily suspended by university medical center of southern nevada, a federal jury in las vegas awarded dr. williams $ 8. 8 million as compensation for the due process violations he experienced in his sham peer review. before the trial, which began may 16, u. s. district judge philip pro made a finding that ellerton and umc's medical staff had violated williams'due process rights. that left
law recognized neither the tort of wrongful discharge, nor exceptions for firings that violate public policy, and an employee's explicit employee handbook disclaimer preserved the at - will employment relationship. in the same 2000 decision mentioned above, the supreme court of california held that the length of an employee's long and successful service, standing alone, is not evidence in and of itself of an implied - in - fact contract not to terminate except for cause. = = = " implied - in - law " contracts = = = eleven us states have recognized a breach of an implied covenant of good faith and fair dealing as an exception to at - will employment. the states are : court interpretations of this have varied from requiring " just cause " to denial of terminations made for malicious reasons, such as terminating a long - tenured employee solely to avoid the obligation of paying the employee's accrued retirement benefits. other court rulings have denied the exception, holding that it is too burdensome upon the court for it to have to determine an employer's true motivation for terminating an employee. = = statutory exceptions = = every state, including montana, is at - will by default. however, montana defaults to a probationary period, after which termination is only lawful if for good cause. although all u. s. states have a number of statutory protections for employees, wrongful termination lawsuits brought under statutory causes of action typically use the federal anti - discrimination statutes, which prohibit firing or refusing to hire an employee because of race, color, religion, sex, national origin, age, or handicap status. other reasons an employer may not use to fire an at - will employee are : for refusing to commit illegal acts β an employer is not permitted to fire an employee because the employee refuses to commit an act that is illegal. family or medical leave β federal law permits most employees to take a leave of absence for specific family or medical problems. an employer is not permitted to fire an employee who takes family or medical leave for a reason outlined in the family and medical leave act of 1993. in retaliation against the employee for a protected action taken by the employee β " protected actions " include suing for wrongful termination, testifying as a witness in a wrongful termination case, or even opposing what they believe, whether they can prove it or not, to be wrongful discrimination. in the federal case of ross v. vanguard, raymond ross successfully sued his employer for firing him due to his allegations of racial discrimination. examples of federal statutes include : the
to dismiss any worker, or any number of workers, for any reason at all. an individual, or a collective agreement, according to the general doctrine of freedom of contract could always stipulate that an employee should only be dismissed for a good reason, or a " just cause ", or that elected employee representatives would have a say on whether a dismissal should take effect. however, the position of the typical 19th - century worker meant that this was rare. the at - will practice is typically traced to a treatise published by horace gray wood in 1877, called master and servant. wood cited four u. s. cases as authority for his rule that when a hiring was indefinite, the burden of proof was on the servant to prove that an indefinite employment term was for one year. in toussaint v. blue cross & blue shield of michigan, the court noted that " wood's rule was quickly cited as authority for another proposition. " wood, however, misinterpreted two of the cases which in fact showed that in massachusetts and michigan, at least, the rule was that employees should have notice before dismissal according to the periods of their contract. in new york, the first case to adopt wood's rule was martin v. new york life insurance company ( 1895 ). justice edward t. bartlett wrote that new york law now followed wood's treatise, which meant that an employee who received $ 10, 000, paid in a salary over a year, could be dismissed immediately. the case did not make reference to the previous authority. four years earlier, adams v. fitzpatrick ( 1891 ) had held that new york law followed the general practice of requiring notice similar to pay periods. however, subsequent new york cases continued to follow the at - will rule into the early 20th century. some courts saw the rule as requiring the employee to prove an express contract for a definite term in order to maintain an action based on termination of the employment. thus was born the u. s. at - will employment rule, which allowed discharge for no reason. this rule was adopted by all u. s. states. in 1959, the first judicial exception to the at - will rule was created by one of the california courts of appeal. later, in a 1980 landmark case involving arco, the supreme court of california endorsed the rule first articulated by the court of appeal. the resulting civil actions by employees are now known in california as tameny actions for wrongful termination in violation of public policy. since 1959, several common law and statutory exceptions to at
federal statute. this includes retaliating against an employee for performing an action that complies with public policy ( such as repeatedly warning that the employer is shipping defective airplane parts in violation of safety regulations promulgated pursuant to the federal aviation act of 1958 ), as well as refusing to perform an action that would violate public policy. in this diagram, the pink states have the'exception ', which protects the employee. as of october 2000, 42 u. s. states and the district of columbia recognize public policy as an exception to the at - will rule. the 8 states which do not have the exception are : = = = implied contract exceptions = = = thirty - six u. s. states ( and the district of columbia ) also recognize an implied contract as an exception to at - will employment. under the implied contract exception, an employer may not fire an employee " when an implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists. " proving the terms of an implied contract is often difficult, and the burden of proof is on the fired employee. implied employment contracts are most often found when an employer's personnel policies or handbooks indicate that an employee will not be fired except for good cause or specify a process for firing. if the employer fires the employee in violation of an implied employment contract, the employer may be found liable for breach of contract. thirty - six u. s. states have an implied - contract exception. the 14 states having no such exception are : the implied - contract theory to circumvent at - will employment must be treated with caution. in 2006, the supreme court of texas in matagorda county hospital district v. burwell held that a provision in an employee handbook stating that dismissal may be for cause, and requiring employee records to specify the reason for termination, did not modify an employee's at - will employment. the new york court of appeals, that state's highest court, also rejected the implied - contract theory to circumvent employment at will. in anthony lobosco, appellant v. new york telephone company / nynex, respondent, the court restated the prevailing rule that an employee could not maintain an action for wrongful discharge where state law recognized neither the tort of wrongful discharge, nor exceptions for firings that violate public policy, and an employee's explicit employee handbook disclaimer preserved the at - will employment relationship. in the same 2000 decision mentioned above, the supreme
court of california endorsed the rule first articulated by the court of appeal. the resulting civil actions by employees are now known in california as tameny actions for wrongful termination in violation of public policy. since 1959, several common law and statutory exceptions to at - will employment have been created. common law protects an employee from retaliation if the employee disobeys an employer on the grounds that the employer ordered him or her to do something illegal or immoral. however, in the majority of cases, the burden of proof remains upon the discharged employee. no u. s. state but montana has chosen to statutorily modify the employment at - will rule. in 1987, the montana legislature passed the wrongful discharge from employment act ( wdea ). the wdea is unique in that, although it purports to preserve the at - will concept in employment law, it also expressly enumerates the legal basis for a wrongful discharge action. under the wdea, a discharge is wrongful only if : " it was in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy ; the discharge was not for good cause and the employee had completed the employer's probationary period of employment ; or the employer violated the express provisions of its own written personnel policy. " the doctrine of at - will employment can be overridden by an express contract or civil service statutes ( in the case of government employees ). as many as 34 % of all u. s. employees apparently enjoy the protection of some kind of " just cause " or objectively reasonable requirement for termination that takes them out of the pure " at - will " category, including the 7. 5 % of unionized private - sector workers, the 0. 8 % of nonunion private - sector workers protected by union contracts, the 15 % of nonunion private - sector workers with individual express contracts that override the at - will doctrine, and the 16 % of the total workforce who enjoy civil service protections as public - sector employees. = = by state = = = = = public policy exceptions = = = under the public policy exception, an employer may not fire an employee if the termination would violate the state's public policy doctrine or a state or federal statute. this includes retaliating against an employee for performing an action that complies with public policy ( such as repeatedly warning that the employer is shipping defective airplane parts in violation of safety regulations promulgated pursuant to the federal aviation act of
Answer:
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Barnes could be replaced with a more competent teacher
| 0.3 |
National regulation of predatory wild animals on federal lands is most likely
0. constitutional, because the protection of wild animals is important to the general welfare.
1. constitutional, because Congress has authority to make regulations respecting federal property.
2. unconstitutional, because wild animals as defined by state common law are not federal property.
3. unconstitutional, because regulation and control of wild animals is retained by the states under the Tenth Amendment.
with congress to amend the clean water act so that isolated wetlands will fall under the act's protection. = = reasoning for wetland restoration = = restoring wetlands provides numerous benefits, and can present a valuable and cost - effective opportunity for society to enhance health and well - being. [ 4 ] restoration interventions can help to improve and bring back ecosystems previously impacted by anthropogenic disturbances, and often involves the purchase of uplands in a variety of conditions. this process can help to increase the heterogeneity of wetland functions and its biodiversity. = = policy instruments = = in an effort to meet the united states'policy objectives under the international ramsar convention and the national goal of no net loss of wetlands, a variety of policy instruments are utilized within and between the federal, state and local spheres, as well as the private sector. due to the fact that 70 % of wetlands are located on private lands, cooperation between government agencies and landholders is a critical component of most policy implementation approaches. = = = federal = = = = = = = command and control regulation under the clean water act = = = = under the commerce clause in the united states constitution, the federal government derives authority to regulate pollution of united states waters if interstate commerce is affected. the clean water act ( cwa ), in particular Β§ 404, regulates discharge into " waters of the united states ". permitting is required under the cwa Β§ 404 for activities that dredge or fill in this jurisdiction, which can include wetlands. under this permitting program, environmental impacts are to be avoided if possible, reduced and mitigated if necessary. permits are limited to a maximum period of five years and use public notice and comment procedures. while the u. s. army corps of engineers issues the permit, responsibility for enforcement is shared between the u. s. army corps of engineers and the epa. however, the scope of what constitutes a wetland and thus what falls under cwa command and control regulation has changed over time. two recent supreme court decisions have impacted the definition of wetlands under the clean water act : rapanos et ux, et al. v. united states ( 2006 ) determination of whether or not a wetland falls under the definitions of " water of the united states " was not limitless wetlands adjacent to navigable waters are " waters of the united states " no clear definition of navigable waters or majority opinion so jurisdiction under the cwa if one of the following two standards is met : justice kennedy's test : a " significant nexus " must be found between the
laws. also lobbying from hunters and various industries like the petroleum industry, construction industry, and logging, has been an obstacle in establishing endangered species laws. the bush administration lifted a policy that required federal officials to consult a wildlife expert before taking actions that could damage endangered species. under the obama administration, this policy was reinstated. being listed as an endangered species can have negative effect since it could make a species more desirable for collectors and poachers. this effect is potentially reducible, such as in china where commercially farmed turtles may be reducing some of the pressure to poach endangered species. another problem with the listing of species is its effect of inciting the use of the " shoot, shovel, and shut - up " method of clearing endangered species from an area of land. some landowners currently may perceive a diminution in value for their land after finding an endangered animal on it. they have allegedly opted to kill and bury the animals or destroy habitat silently. thus removing the problem from their land, but at the same time further reducing the population of an endangered species. the effectiveness of the esa β which coined the term " endangered species " β has been questioned by business advocacy groups and their publications but is nevertheless widely recognized by wildlife scientists who work with the species as an effective recovery tool. nineteen species have been delisted and recovered and 93 % of listed species in the northeastern united states have a recovering or stable population. currently, 1, 556 endangered species are under protection by government law. this approximation, however, does not take into consideration the species threatened with endangerment that are not included under the protection of laws like the endangered species act. according to natureserve's global conservation status, approximately thirteen percent of vertebrates ( excluding marine fish ), seventeen percent of vascular plants, and six to eighteen percent of fungi are considered imperiled. : 415 thus, in total, between seven and eighteen percent of the united states'known animals, fungi and plants are near extinction. : 416 this total is substantially more than the number of species protected in the united states under the endangered species act. ever since humankind began hunting to preserve itself, over - hunting and fishing have been a large and dangerous problem. of all the species who became extinct due to interference from humankind, the dodo, passenger pigeon, great auk, tasmanian tiger and steller's sea cow are some of the more well known examples ; with the bald eagle, grizzly bear, american bison, eastern timber wolf and sea turtle having
= criticism = = = = = compatibility with economic activity = = = some national governments and officials within multilateral agencies such as the united nations, express the view that'excessive'rewilding, such as large rigorously enforced protected areas where no extraction activities are allowed, can be too restrictive on people's ability to earn sustainable livelihoods. the alternative view is that increasing ecotourism can provide employment. = = = conflicts with animal rights and welfare = = = rewilding has been criticized by animal rights scholars, such as dale jamieson, who argues that'most cases of rewilding or reintroducing are likely to involve conflicts between the satisfaction of human preferences and the welfare of nonhuman animals '. erica von essen and michael allen, using donaldson and kymlicka's political animal categories framework, assert that wildness standards imposed on animals are arbitrary and inconsistent with the premise that wild animals should be granted sovereignty over the territories that they inhabit and the right to make decisions about their own lives. to resolve this, von essen and allen contend that rewilding needs to shift towards full alignment with mainstream conservation and welcome full sovereignty, or instead take full responsibility for the care of animals who have been reintroduced. ole martin moen argues that rewilding projects should be brought to an end because they unnecessarily increase wild animal suffering and are expensive, and the funds could be better spent elsewhere. = = = erasure of environmental history = = = the environmental historian dolly jΓΈrgensen argues that rewilding, as it currently exists,'seeks to erase human history and involvement with the land and flora and fauna. such an attempted split between nature and culture may prove unproductive and even harmful.'she calls for rewilding to be more inclusive to combat this. jonathan prior and kim j. ward challenge jΓΈrgensen's criticism and provide examples of rewilding programs which'have been developed and governed within the understanding that human and non - human world are inextricably entangled '. = = = farming = = = some farmers have been critical of rewilding for'abandoning productive farmland when the world's population is growing '. farmers have also attacked plans to reintroduce the lynx in the united kingdom because of fears that reintroduction will lead to an increase in sheep predation. = = = harm to conservation = = = some conservationists have expressed concern that rewilding'could replace the traditional protection of rare species on small nature
number of conservation - reliant species will increase. it has been proposed that development of " recovery management agreements ", with legally and biologically defensible contracts would provide for continuing conservation management following delisting. the use of such formalized agreements will facilitate shared management responsibilities between federal wildlife agencies and other federal agencies, and with state, local, and tribal governments, as well as with private entities that have demonstrated the capability to meet the needs of conservation - reliant species. = = see also = = = = references = =
waters are " waters of the united states " no clear definition of navigable waters or majority opinion so jurisdiction under the cwa if one of the following two standards is met : justice kennedy's test : a " significant nexus " must be found between the wetland and traditional navigable waters plurality test : a " continuous surface connection " needs to flow between the wetland and navigable waters = = = = = solid waste agency of northern cook county ( swancc ) v. united states army corps of engineers ( 2001 ) = = = = = rejection of migratory bird habitats to constitute as intrastate waters determined the migratory bird rule, under which the army corps of engineers extended jurisdiction for Β§ 404 to include migratory bird habitat, was outside the scope of authority granted in the cwa other key federal policy instruments additional federal policy instruments include private - public sector collaborations such as educational efforts, conservation easement programs, land banking, and numerous voluntary programs. = = = state = = = states government tools for addressing wetland protection, include but not limited to : police powers to regulate use of water and land zoning authority land use designation benchmarks regulating net gain or loss state wetland conservation plans wetlands mitigation banking ( compensatory mitigation where wetlands credits are acquired through the restoration of wetland areas and can be used or sold through market trading ) = = = local = = = local wetland protection local governments tools for addressing wetland protection, include but are not limited to : stakeholder involvement local wetland strategic plans ( outlining conservation opportunities, research, and wetlands management ) ordinances regarding protection, zoning and development plans local wetlands mitigation banking = = barriers to implementation = = political considerations interest groups and constituents can lobby or exploit political influence to receive exemptions or change the scope of wetlands policy. likewise, politicians and bureaucrats may also change the scope of wetlands policy and its implementation in an effort to cater to constituents and generate political goodwill. economic considerations opportunity cost associated with foregone agricultural and development use value of wetlands services such as recreation, flood control, filtration value wetlands confer on surrounding property through hedonic pricing there is no consensus on a valuation system for wetlands other considerations the processes of wetland restoration, including restoring it to its original function and becoming stable enough as a wetland ecosystem, takes many years. those processes are also very expensive. based on the study done in the kentucky bottomland forest, the wetland restoration takes forty - two years, particularly the process of 95 % of the carbon accumulation that is stored in natural wetland. therefore, in achieving the no
Answer:
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constitutional, because Congress has authority to make regulations respecting federal property.
| null |
National regulation of predatory wild animals on federal lands is most likely
0. constitutional, because the protection of wild animals is important to the general welfare.
1. constitutional, because Congress has authority to make regulations respecting federal property.
2. unconstitutional, because wild animals as defined by state common law are not federal property.
3. unconstitutional, because regulation and control of wild animals is retained by the states under the Tenth Amendment.
with congress to amend the clean water act so that isolated wetlands will fall under the act's protection. = = reasoning for wetland restoration = = restoring wetlands provides numerous benefits, and can present a valuable and cost - effective opportunity for society to enhance health and well - being. [ 4 ] restoration interventions can help to improve and bring back ecosystems previously impacted by anthropogenic disturbances, and often involves the purchase of uplands in a variety of conditions. this process can help to increase the heterogeneity of wetland functions and its biodiversity. = = policy instruments = = in an effort to meet the united states'policy objectives under the international ramsar convention and the national goal of no net loss of wetlands, a variety of policy instruments are utilized within and between the federal, state and local spheres, as well as the private sector. due to the fact that 70 % of wetlands are located on private lands, cooperation between government agencies and landholders is a critical component of most policy implementation approaches. = = = federal = = = = = = = command and control regulation under the clean water act = = = = under the commerce clause in the united states constitution, the federal government derives authority to regulate pollution of united states waters if interstate commerce is affected. the clean water act ( cwa ), in particular Β§ 404, regulates discharge into " waters of the united states ". permitting is required under the cwa Β§ 404 for activities that dredge or fill in this jurisdiction, which can include wetlands. under this permitting program, environmental impacts are to be avoided if possible, reduced and mitigated if necessary. permits are limited to a maximum period of five years and use public notice and comment procedures. while the u. s. army corps of engineers issues the permit, responsibility for enforcement is shared between the u. s. army corps of engineers and the epa. however, the scope of what constitutes a wetland and thus what falls under cwa command and control regulation has changed over time. two recent supreme court decisions have impacted the definition of wetlands under the clean water act : rapanos et ux, et al. v. united states ( 2006 ) determination of whether or not a wetland falls under the definitions of " water of the united states " was not limitless wetlands adjacent to navigable waters are " waters of the united states " no clear definition of navigable waters or majority opinion so jurisdiction under the cwa if one of the following two standards is met : justice kennedy's test : a " significant nexus " must be found between the
laws. also lobbying from hunters and various industries like the petroleum industry, construction industry, and logging, has been an obstacle in establishing endangered species laws. the bush administration lifted a policy that required federal officials to consult a wildlife expert before taking actions that could damage endangered species. under the obama administration, this policy was reinstated. being listed as an endangered species can have negative effect since it could make a species more desirable for collectors and poachers. this effect is potentially reducible, such as in china where commercially farmed turtles may be reducing some of the pressure to poach endangered species. another problem with the listing of species is its effect of inciting the use of the " shoot, shovel, and shut - up " method of clearing endangered species from an area of land. some landowners currently may perceive a diminution in value for their land after finding an endangered animal on it. they have allegedly opted to kill and bury the animals or destroy habitat silently. thus removing the problem from their land, but at the same time further reducing the population of an endangered species. the effectiveness of the esa β which coined the term " endangered species " β has been questioned by business advocacy groups and their publications but is nevertheless widely recognized by wildlife scientists who work with the species as an effective recovery tool. nineteen species have been delisted and recovered and 93 % of listed species in the northeastern united states have a recovering or stable population. currently, 1, 556 endangered species are under protection by government law. this approximation, however, does not take into consideration the species threatened with endangerment that are not included under the protection of laws like the endangered species act. according to natureserve's global conservation status, approximately thirteen percent of vertebrates ( excluding marine fish ), seventeen percent of vascular plants, and six to eighteen percent of fungi are considered imperiled. : 415 thus, in total, between seven and eighteen percent of the united states'known animals, fungi and plants are near extinction. : 416 this total is substantially more than the number of species protected in the united states under the endangered species act. ever since humankind began hunting to preserve itself, over - hunting and fishing have been a large and dangerous problem. of all the species who became extinct due to interference from humankind, the dodo, passenger pigeon, great auk, tasmanian tiger and steller's sea cow are some of the more well known examples ; with the bald eagle, grizzly bear, american bison, eastern timber wolf and sea turtle having
= criticism = = = = = compatibility with economic activity = = = some national governments and officials within multilateral agencies such as the united nations, express the view that'excessive'rewilding, such as large rigorously enforced protected areas where no extraction activities are allowed, can be too restrictive on people's ability to earn sustainable livelihoods. the alternative view is that increasing ecotourism can provide employment. = = = conflicts with animal rights and welfare = = = rewilding has been criticized by animal rights scholars, such as dale jamieson, who argues that'most cases of rewilding or reintroducing are likely to involve conflicts between the satisfaction of human preferences and the welfare of nonhuman animals '. erica von essen and michael allen, using donaldson and kymlicka's political animal categories framework, assert that wildness standards imposed on animals are arbitrary and inconsistent with the premise that wild animals should be granted sovereignty over the territories that they inhabit and the right to make decisions about their own lives. to resolve this, von essen and allen contend that rewilding needs to shift towards full alignment with mainstream conservation and welcome full sovereignty, or instead take full responsibility for the care of animals who have been reintroduced. ole martin moen argues that rewilding projects should be brought to an end because they unnecessarily increase wild animal suffering and are expensive, and the funds could be better spent elsewhere. = = = erasure of environmental history = = = the environmental historian dolly jΓΈrgensen argues that rewilding, as it currently exists,'seeks to erase human history and involvement with the land and flora and fauna. such an attempted split between nature and culture may prove unproductive and even harmful.'she calls for rewilding to be more inclusive to combat this. jonathan prior and kim j. ward challenge jΓΈrgensen's criticism and provide examples of rewilding programs which'have been developed and governed within the understanding that human and non - human world are inextricably entangled '. = = = farming = = = some farmers have been critical of rewilding for'abandoning productive farmland when the world's population is growing '. farmers have also attacked plans to reintroduce the lynx in the united kingdom because of fears that reintroduction will lead to an increase in sheep predation. = = = harm to conservation = = = some conservationists have expressed concern that rewilding'could replace the traditional protection of rare species on small nature
number of conservation - reliant species will increase. it has been proposed that development of " recovery management agreements ", with legally and biologically defensible contracts would provide for continuing conservation management following delisting. the use of such formalized agreements will facilitate shared management responsibilities between federal wildlife agencies and other federal agencies, and with state, local, and tribal governments, as well as with private entities that have demonstrated the capability to meet the needs of conservation - reliant species. = = see also = = = = references = =
waters are " waters of the united states " no clear definition of navigable waters or majority opinion so jurisdiction under the cwa if one of the following two standards is met : justice kennedy's test : a " significant nexus " must be found between the wetland and traditional navigable waters plurality test : a " continuous surface connection " needs to flow between the wetland and navigable waters = = = = = solid waste agency of northern cook county ( swancc ) v. united states army corps of engineers ( 2001 ) = = = = = rejection of migratory bird habitats to constitute as intrastate waters determined the migratory bird rule, under which the army corps of engineers extended jurisdiction for Β§ 404 to include migratory bird habitat, was outside the scope of authority granted in the cwa other key federal policy instruments additional federal policy instruments include private - public sector collaborations such as educational efforts, conservation easement programs, land banking, and numerous voluntary programs. = = = state = = = states government tools for addressing wetland protection, include but not limited to : police powers to regulate use of water and land zoning authority land use designation benchmarks regulating net gain or loss state wetland conservation plans wetlands mitigation banking ( compensatory mitigation where wetlands credits are acquired through the restoration of wetland areas and can be used or sold through market trading ) = = = local = = = local wetland protection local governments tools for addressing wetland protection, include but are not limited to : stakeholder involvement local wetland strategic plans ( outlining conservation opportunities, research, and wetlands management ) ordinances regarding protection, zoning and development plans local wetlands mitigation banking = = barriers to implementation = = political considerations interest groups and constituents can lobby or exploit political influence to receive exemptions or change the scope of wetlands policy. likewise, politicians and bureaucrats may also change the scope of wetlands policy and its implementation in an effort to cater to constituents and generate political goodwill. economic considerations opportunity cost associated with foregone agricultural and development use value of wetlands services such as recreation, flood control, filtration value wetlands confer on surrounding property through hedonic pricing there is no consensus on a valuation system for wetlands other considerations the processes of wetland restoration, including restoring it to its original function and becoming stable enough as a wetland ecosystem, takes many years. those processes are also very expensive. based on the study done in the kentucky bottomland forest, the wetland restoration takes forty - two years, particularly the process of 95 % of the carbon accumulation that is stored in natural wetland. therefore, in achieving the no
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unconstitutional, because regulation and control of wild animals is retained by the states under the Tenth Amendment.
| 0.3 |
By her validly executed will, Sallie devised a certain tract of land to her son, Ben, for his life with remainder to such of Ben's children as should be living at his death, "Provided, however, that no such child of Ben shall mortgage or sell, or attempt to mortgage or sell, his or her interest in the property prior to attaining 25 years of age; and, if any such child of Ben shall violate this provision, then upon such violation his or her interest shall pass to and become the property of the remaining children of Ben then living, share and share alike." Sallie's will included an identical provision for each of her four other children concerning four other tracts of land. The residuary clause of the will gave the residuary estate to Sallie's five children equally. Sallie died and was survived by the five children named in her will and by 11 grandchildren. Several additional grandchildren have since been born. In an action for a declaration of rights, it was claimed that the attempted gifts to Sallie's grandchildren were entirely void and that the interests following the life estates to Sallie's children passed to the children absolutely by the residuary clause. Assuming that the action was properly brought with all necessary parties and with a guardian ad litem appointed to represent the interests of unborn and infant grandchildren, the decision should be that
0. the attempted gifts to grandchildren are void under the Rule Against Perpetuities.
1. the attempted gifts to grandchildren are void as unlawful restraints on alienation.
2. the provisions concerning grandchildren are valid and will be upheld according to their terms.
3. even if the provisions against sale or mortgage by the grandchildren are void, the remainders to grandchildren are otherwise valid and will be given effect.
enumerated circumstances ), a person who would be an heir under intestate laws may be disinherited completely under the terms of a will ( an example is that of the will of comedian jerry lewis ; his will specifically disinherited his six children by his first wife, and their descendants, leaving his entire estate to his second wife ). inheritance has been compared to nepotism. = = history = = detailed anthropological and sociological studies have been made about customs of patrimonial inheritance, where only male children can inherit. some cultures also employ matrilineal succession, where property can only pass along the female line, most commonly going to the sister's sons of the decedent ; but also, in some societies, from the mother to her daughters. some ancient societies and most modern states employ egalitarian inheritance, without discrimination based on gender and / or birth order. = = religious laws about inheritance = = = = = jewish laws = = = the inheritance is patrimonial. the father β that is, the owner of the land β bequeaths only to his male descendants, so the promised land passes from one jewish father to his sons. according to the law of moses, the firstborn son was entitled to receive twice as much of his father's inheritance as the other sons ( deuteronomy 21 : 15 β 17 ). if there were no living sons and no descendants of any previously living sons, daughters inherit. in numbers 27, the five daughters of zelophehad come to moses and ask for their father's inheritance, as they have no brothers. the order of inheritance is set out : a man's sons inherit first, daughters if no sons, brothers if he has no children, and so on. later, in numbers 36, some of the heads of the families of the tribe of manasseh come to moses and point out that, if a daughter inherits and then marries a man not from her paternal tribe, her land will pass from her birth - tribe's inheritance into her marriage - tribe's. so a further rule is laid down : if a daughter inherits land, she must marry someone within her father's tribe. ( the daughters of zelophehad marry the sons'of their father's brothers. there is no indication that this was not their choice. ) the laws of jewish inheritance are discussed in the talmud, in the mishneh torah and by saadiah ben joseph among other
inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. the rules of inheritance differ among societies and have changed over time. officially bequeathing private property and / or debts can be performed by a testator via will, as attested by a notary or by other lawful means. = = terminology = = in law, an " heir " ( fem : heiress ) is a person who is entitled to receive a share of property from a decedent ( a person who died ), subject to the rules of inheritance in the jurisdiction where the decedent was a citizen, or where the decedent died or owned property at the time of death. the inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. however, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid ( for example, some states do not recognise handwritten wills as valid, or only in specific circumstances ) and the intestate laws then apply. the exclusion from inheritance of a person who was an heir in a previous will, or would otherwise be expected to inherit, is termed " disinheritance ". a person does not become an heir before the death of the deceased, since the exact identity of the persons entitled to inherit is determined only then. members of ruling noble or royal houses who are expected to become heirs are called heirs apparent if first in line and incapable of being displaced from inheriting by another claim ; otherwise, they are heirs presumptive. there is a further concept of joint inheritance, pending renunciation by all but one, which is called coparceny. in modern law, the terms inheritance and heir refer exclusively to succession to property by descent from a deceased dying intestate. takers in property succeeded to under a will are termed generally beneficiaries, and specifically devises for real property, bequests for personal property ( except money ), or legatees for money. except in some jurisdictions where a person cannot be legally disinherited ( such as the united states state of louisiana, which allows disinheritance only under specifically enumerated circumstances ), a person who would be an heir under intestate laws may be disinherited completely under the terms of a will ( an example is that of the will of comedian jerry lewis ; his will specifically disinher
argued that inheritance plays a significant effect on social stratification. inheritance is an integral component of family, economic, and legal institutions, and a basic mechanism of class stratification. it also affects the distribution of wealth at the societal level. the total cumulative effect of inheritance on stratification outcomes takes three forms, according to scholars who have examined the subject. the first form of inheritance is the inheritance of cultural capital ( i. e. linguistic styles, higher status social circles, and aesthetic preferences ). the second form of inheritance is through familial interventions in the form of inter vivos transfers ( i. e. gifts between the living ), especially at crucial junctures in the life courses. examples include during a child's milestone stages, such as going to college, getting married, getting a job, and purchasing a home. the third form of inheritance is the transfers of bulk estates at the time of death of the testators, thus resulting in significant economic advantage accruing to children during their adult years. the origin of the stability of inequalities is material ( personal possessions one is able to obtain ) and is also cultural, rooted either in varying child - rearing practices that are geared to socialization according to social class and economic position. child - rearing practices among those who inherit wealth may center around favoring some groups at the expense of others at the bottom of the social hierarchy. = = = sociological and economic effects of inheritance inequality = = = it is further argued that the degree to which economic status and inheritance is transmitted across generations determines one's life chances in society. although many have linked one's social origins and educational attainment to life chances and opportunities, education cannot serve as the most influential predictor of economic mobility. in fact, children of well - off parents generally receive better schooling and benefit from material, cultural, and genetic inheritances. likewise, schooling attainment is often persistent across generations and families with higher amounts of inheritance are able to acquire and transmit higher amounts of human capital. lower amounts of human capital and inheritance can perpetuate inequality in the housing market and higher education. research reveals that inheritance plays an important role in the accumulation of housing wealth. those who receive an inheritance are more likely to own a home than those who do not regardless of the size of the inheritance. often, racial or religious minorities and individuals from socially disadvantaged backgrounds receive less inheritance and wealth. as a result, mixed races might be excluded in inheritance privilege and are more likely to rent homes or live
reported, as failure to do so is a crime in itself. gifts and inheritances are not considered income to the recipient under u. s. law. however, gift or estate tax may be imposed on the donor or the estate of the decedent. = = = year of inclusion = = = a taxpayer must include income as part of taxable income in the year recognized under the taxpayer's method of accounting. generally, a taxpayer using the cash method of accounting ( cash basis taxpayer ) recognizes income when received. a taxpayer using the accrual method ( accrual basis taxpayer ) recognizes income when earned. income is generally considered earned : on sales of property when title to the property passes to the purchaser, and on performance of services when the services are performed = = = amount of income = = = for a cash method taxpayer, the measure of income is generally the amount of money or fair market value of property received. for an accrual method taxpayer, it includes the amount the taxpayer has a right to receive. certain specific rules apply, including : constructive receipt, deferral of income from advance payment for goods or services ( with exceptions ), determination what portion of an annuity is income and what portion is return of capital, the value of goods or services received is included in income in barter transactions. = = = exclusions from gross income : u. s. federal income tax law = = = the courts have given very broad meaning to the phrase " all income from whatever source derived, " interpreting it to include all income unless a specific exclusion applies. certain types of income are specifically excluded from gross income. these may be referred to as exempt income, exclusions, or tax exemptions. among the more common excluded items are the following : 2014 - 7 certain medicaid waiver payments may be excludable from income. tax exempt interest. for federal income tax, interest on state and municipal bonds is excluded from gross income. some states provide an exemption from state income tax for certain bond interest. some social security benefits. the amount exempt has varied by year. the exemption is phased out for individuals with gross income above certain amounts. gifts and inheritances. however, a " gift " from an employer to an employee is considered compensation, and is generally included in gross income. life insurance proceeds received by reason of the death of the insured person. certain compensation for personal physical injury or physical sickness, including : amounts received under worker β s compensation acts for personal physical injuries or physical sickness, amounts
##ad marry the sons'of their father's brothers. there is no indication that this was not their choice. ) the laws of jewish inheritance are discussed in the talmud, in the mishneh torah and by saadiah ben joseph among other sources. all these sources agree that the firstborn son is entitled to a double portion of his father's estate. this means that, for example, if a father left five sons, the firstborn receives a third of the estate and each of the other four receives a sixth. if he left nine sons, the firstborn receives a fifth and each of the other eight receive a tenth. if the eldest surviving son is not the firstborn son, he is not entitled to the double portion. philo of alexandria and josephus also comment on the jewish laws of inheritance, praising them above other law codes of their time. they also agreed that the firstborn son must receive a double portion of his father's estate. = = = christian laws = = = at first, christianity did not have its own inheritance traditions distinct from judaism. with the accession of emperor constantine in 306, christians both began to distance themselves from judaism and to have influence on the law and practices of secular institutions. from the beginning, this included inheritance. the roman practice of adoption was a specific target, because it was perceived to be in conflict with the judeo - christian doctrine of primogeniture. as stephanie coontz documents in marriage, a history ( penguin, 2006 ), not only succession but the whole constellation of rights and practices that included marriage, adoption, legitimacy, consanguinity, and inheritance changed in western europe from a greco - roman model to a judeo - christian pattern, based on biblical and traditional judeo - christian principles. the transformation was essentially complete in the middle ages, although in english - speaking countries there was additional development under the influence of protestantism. even when europe became secularized and christianity faded into the background, the legal foundation christendom had laid remained. only in the era of modern jurisprudence have there been significant changes. = = = islamic laws = = = the quran introduced a number of different rights and restrictions on matters of inheritance, including general improvements to the treatment of women and family life compared to the pre - islamic societies that existed in the arabian peninsula at the time. furthermore, the quran introduced additional heirs that were not entitled to inheritance in pre - islamic times, mentioning nine relatives specifically of which six were female and three were male. however, the inheritance
Answer:
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even if the provisions against sale or mortgage by the grandchildren are void, the remainders to grandchildren are otherwise valid and will be given effect.
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By her validly executed will, Sallie devised a certain tract of land to her son, Ben, for his life with remainder to such of Ben's children as should be living at his death, "Provided, however, that no such child of Ben shall mortgage or sell, or attempt to mortgage or sell, his or her interest in the property prior to attaining 25 years of age; and, if any such child of Ben shall violate this provision, then upon such violation his or her interest shall pass to and become the property of the remaining children of Ben then living, share and share alike." Sallie's will included an identical provision for each of her four other children concerning four other tracts of land. The residuary clause of the will gave the residuary estate to Sallie's five children equally. Sallie died and was survived by the five children named in her will and by 11 grandchildren. Several additional grandchildren have since been born. In an action for a declaration of rights, it was claimed that the attempted gifts to Sallie's grandchildren were entirely void and that the interests following the life estates to Sallie's children passed to the children absolutely by the residuary clause. Assuming that the action was properly brought with all necessary parties and with a guardian ad litem appointed to represent the interests of unborn and infant grandchildren, the decision should be that
0. the attempted gifts to grandchildren are void under the Rule Against Perpetuities.
1. the attempted gifts to grandchildren are void as unlawful restraints on alienation.
2. the provisions concerning grandchildren are valid and will be upheld according to their terms.
3. even if the provisions against sale or mortgage by the grandchildren are void, the remainders to grandchildren are otherwise valid and will be given effect.
enumerated circumstances ), a person who would be an heir under intestate laws may be disinherited completely under the terms of a will ( an example is that of the will of comedian jerry lewis ; his will specifically disinherited his six children by his first wife, and their descendants, leaving his entire estate to his second wife ). inheritance has been compared to nepotism. = = history = = detailed anthropological and sociological studies have been made about customs of patrimonial inheritance, where only male children can inherit. some cultures also employ matrilineal succession, where property can only pass along the female line, most commonly going to the sister's sons of the decedent ; but also, in some societies, from the mother to her daughters. some ancient societies and most modern states employ egalitarian inheritance, without discrimination based on gender and / or birth order. = = religious laws about inheritance = = = = = jewish laws = = = the inheritance is patrimonial. the father β that is, the owner of the land β bequeaths only to his male descendants, so the promised land passes from one jewish father to his sons. according to the law of moses, the firstborn son was entitled to receive twice as much of his father's inheritance as the other sons ( deuteronomy 21 : 15 β 17 ). if there were no living sons and no descendants of any previously living sons, daughters inherit. in numbers 27, the five daughters of zelophehad come to moses and ask for their father's inheritance, as they have no brothers. the order of inheritance is set out : a man's sons inherit first, daughters if no sons, brothers if he has no children, and so on. later, in numbers 36, some of the heads of the families of the tribe of manasseh come to moses and point out that, if a daughter inherits and then marries a man not from her paternal tribe, her land will pass from her birth - tribe's inheritance into her marriage - tribe's. so a further rule is laid down : if a daughter inherits land, she must marry someone within her father's tribe. ( the daughters of zelophehad marry the sons'of their father's brothers. there is no indication that this was not their choice. ) the laws of jewish inheritance are discussed in the talmud, in the mishneh torah and by saadiah ben joseph among other
inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. the rules of inheritance differ among societies and have changed over time. officially bequeathing private property and / or debts can be performed by a testator via will, as attested by a notary or by other lawful means. = = terminology = = in law, an " heir " ( fem : heiress ) is a person who is entitled to receive a share of property from a decedent ( a person who died ), subject to the rules of inheritance in the jurisdiction where the decedent was a citizen, or where the decedent died or owned property at the time of death. the inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. however, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid ( for example, some states do not recognise handwritten wills as valid, or only in specific circumstances ) and the intestate laws then apply. the exclusion from inheritance of a person who was an heir in a previous will, or would otherwise be expected to inherit, is termed " disinheritance ". a person does not become an heir before the death of the deceased, since the exact identity of the persons entitled to inherit is determined only then. members of ruling noble or royal houses who are expected to become heirs are called heirs apparent if first in line and incapable of being displaced from inheriting by another claim ; otherwise, they are heirs presumptive. there is a further concept of joint inheritance, pending renunciation by all but one, which is called coparceny. in modern law, the terms inheritance and heir refer exclusively to succession to property by descent from a deceased dying intestate. takers in property succeeded to under a will are termed generally beneficiaries, and specifically devises for real property, bequests for personal property ( except money ), or legatees for money. except in some jurisdictions where a person cannot be legally disinherited ( such as the united states state of louisiana, which allows disinheritance only under specifically enumerated circumstances ), a person who would be an heir under intestate laws may be disinherited completely under the terms of a will ( an example is that of the will of comedian jerry lewis ; his will specifically disinher
argued that inheritance plays a significant effect on social stratification. inheritance is an integral component of family, economic, and legal institutions, and a basic mechanism of class stratification. it also affects the distribution of wealth at the societal level. the total cumulative effect of inheritance on stratification outcomes takes three forms, according to scholars who have examined the subject. the first form of inheritance is the inheritance of cultural capital ( i. e. linguistic styles, higher status social circles, and aesthetic preferences ). the second form of inheritance is through familial interventions in the form of inter vivos transfers ( i. e. gifts between the living ), especially at crucial junctures in the life courses. examples include during a child's milestone stages, such as going to college, getting married, getting a job, and purchasing a home. the third form of inheritance is the transfers of bulk estates at the time of death of the testators, thus resulting in significant economic advantage accruing to children during their adult years. the origin of the stability of inequalities is material ( personal possessions one is able to obtain ) and is also cultural, rooted either in varying child - rearing practices that are geared to socialization according to social class and economic position. child - rearing practices among those who inherit wealth may center around favoring some groups at the expense of others at the bottom of the social hierarchy. = = = sociological and economic effects of inheritance inequality = = = it is further argued that the degree to which economic status and inheritance is transmitted across generations determines one's life chances in society. although many have linked one's social origins and educational attainment to life chances and opportunities, education cannot serve as the most influential predictor of economic mobility. in fact, children of well - off parents generally receive better schooling and benefit from material, cultural, and genetic inheritances. likewise, schooling attainment is often persistent across generations and families with higher amounts of inheritance are able to acquire and transmit higher amounts of human capital. lower amounts of human capital and inheritance can perpetuate inequality in the housing market and higher education. research reveals that inheritance plays an important role in the accumulation of housing wealth. those who receive an inheritance are more likely to own a home than those who do not regardless of the size of the inheritance. often, racial or religious minorities and individuals from socially disadvantaged backgrounds receive less inheritance and wealth. as a result, mixed races might be excluded in inheritance privilege and are more likely to rent homes or live
reported, as failure to do so is a crime in itself. gifts and inheritances are not considered income to the recipient under u. s. law. however, gift or estate tax may be imposed on the donor or the estate of the decedent. = = = year of inclusion = = = a taxpayer must include income as part of taxable income in the year recognized under the taxpayer's method of accounting. generally, a taxpayer using the cash method of accounting ( cash basis taxpayer ) recognizes income when received. a taxpayer using the accrual method ( accrual basis taxpayer ) recognizes income when earned. income is generally considered earned : on sales of property when title to the property passes to the purchaser, and on performance of services when the services are performed = = = amount of income = = = for a cash method taxpayer, the measure of income is generally the amount of money or fair market value of property received. for an accrual method taxpayer, it includes the amount the taxpayer has a right to receive. certain specific rules apply, including : constructive receipt, deferral of income from advance payment for goods or services ( with exceptions ), determination what portion of an annuity is income and what portion is return of capital, the value of goods or services received is included in income in barter transactions. = = = exclusions from gross income : u. s. federal income tax law = = = the courts have given very broad meaning to the phrase " all income from whatever source derived, " interpreting it to include all income unless a specific exclusion applies. certain types of income are specifically excluded from gross income. these may be referred to as exempt income, exclusions, or tax exemptions. among the more common excluded items are the following : 2014 - 7 certain medicaid waiver payments may be excludable from income. tax exempt interest. for federal income tax, interest on state and municipal bonds is excluded from gross income. some states provide an exemption from state income tax for certain bond interest. some social security benefits. the amount exempt has varied by year. the exemption is phased out for individuals with gross income above certain amounts. gifts and inheritances. however, a " gift " from an employer to an employee is considered compensation, and is generally included in gross income. life insurance proceeds received by reason of the death of the insured person. certain compensation for personal physical injury or physical sickness, including : amounts received under worker β s compensation acts for personal physical injuries or physical sickness, amounts
##ad marry the sons'of their father's brothers. there is no indication that this was not their choice. ) the laws of jewish inheritance are discussed in the talmud, in the mishneh torah and by saadiah ben joseph among other sources. all these sources agree that the firstborn son is entitled to a double portion of his father's estate. this means that, for example, if a father left five sons, the firstborn receives a third of the estate and each of the other four receives a sixth. if he left nine sons, the firstborn receives a fifth and each of the other eight receive a tenth. if the eldest surviving son is not the firstborn son, he is not entitled to the double portion. philo of alexandria and josephus also comment on the jewish laws of inheritance, praising them above other law codes of their time. they also agreed that the firstborn son must receive a double portion of his father's estate. = = = christian laws = = = at first, christianity did not have its own inheritance traditions distinct from judaism. with the accession of emperor constantine in 306, christians both began to distance themselves from judaism and to have influence on the law and practices of secular institutions. from the beginning, this included inheritance. the roman practice of adoption was a specific target, because it was perceived to be in conflict with the judeo - christian doctrine of primogeniture. as stephanie coontz documents in marriage, a history ( penguin, 2006 ), not only succession but the whole constellation of rights and practices that included marriage, adoption, legitimacy, consanguinity, and inheritance changed in western europe from a greco - roman model to a judeo - christian pattern, based on biblical and traditional judeo - christian principles. the transformation was essentially complete in the middle ages, although in english - speaking countries there was additional development under the influence of protestantism. even when europe became secularized and christianity faded into the background, the legal foundation christendom had laid remained. only in the era of modern jurisprudence have there been significant changes. = = = islamic laws = = = the quran introduced a number of different rights and restrictions on matters of inheritance, including general improvements to the treatment of women and family life compared to the pre - islamic societies that existed in the arabian peninsula at the time. furthermore, the quran introduced additional heirs that were not entitled to inheritance in pre - islamic times, mentioning nine relatives specifically of which six were female and three were male. however, the inheritance
Answer:
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the attempted gifts to grandchildren are void as unlawful restraints on alienation.
| 0.3 |
Seth was an elderly widower who lived alone on a small farm which he owned. Except for the farm, including the house and its furnishings, and the usual items of personal clothing and similar things, Seth owned substantially no property. Under proper management, the farm was capable of producing an adequate family income. Because of the usual deterioration accompanying old age, Seth was unable to do farm work or even to provide for his own personal needs. Seth entered into an oral contract with his nephew, Jim, by which Seth agreed to convey the farm to Jim and Jim agreed to move into the house with Seth, operate the farm, and take care of Seth for the rest of his life. The oral contract was silent as to when the land was to be conveyed. Jim, who lived about 50 miles away where he was operating a small business of his own, terminated his business and moved in with Seth. With the assistance of his wife, Jim gave Seth excellent care until Seth died intestate about five years after the date of the contract. In his final years Seth was confined to his bed and required much personal service of an intimate and arduous sort. Seth was survived by his only son, Sol, who was also Seth's sole heir and next of kin. Sol resided in a distant city and gave his father no attention in his father's final years. Sol showed up for Seth's funeral and demanded that Jim vacate the farm immediately. Upon Jim's refusal to do so, Sol brought an appropriate action for possession. Jim answered by way of a counterclaim to establish Jim's right to possession and title to the farm. 20 If the court's decision is in favor of Jim, it will be because
0. the land is located in a state where the Statute of Frauds will not be applied if there has been such part performance as will result in an irreparable hardship if the contract is not performed.
1. the land is located in a state where the Statute of Frauds will not be applied if there has been part performance that is by its very nature unequivocally referable to the contract.
2. Sol is precluded by the "clean hands" doctrine from enforcing his claim against Jim
3. the blood relationship of uncle-nephew is sufficient to remove the necessity for any writing to satisfy the Statute of Frauds.
sr., patriarch of the wealthy bluth family, is the founder and former ceo of the successful bluth company which markets and builds mini - mansions among many other activities. his son michael serves as manager of the company, and, after being passed over for a promotion, decides to leave both the company and his family. just as he makes this decision, however, george sr. is arrested by the securities and exchange commission for defrauding investors and gross spending of the company's money for " personal expenses ". his wife lucille becomes ceo, and immediately names as the new president her extremely sheltered youngest son buster, who proves ill - equipped, as his only experience with business is a class he took concerning 18th century agrarian business. furious at being passed over again, michael secures another job with a rival company and plans on leaving his family behind for good. realizing that they need michael, the family asks him to come back and run the company, which michael scoffs at until he sees how much the family means to his teenaged son george michael. to keep the family together, michael asks his self - centered twin sister lindsay, her husband tobias and their daughter maeby to live together in the bluth model home with him and george michael. throughout the first season, different characters struggle to change their identities. buster works to escape from his mother's control by bonding with brothers michael and gob as well as with love interest lucille austero, lucille bluth's neighbor and chief social rival. george michael nurses a forbidden crush on his cousin maeby, while continually trying to meet his father's expectations. lindsay's husband tobias searches for work as an actor, with the aid of carl weathers. michael falls in love with his screw - up older brother gob's neglected girlfriend marta, and is torn between being with her and putting " family first ". after seeing michael physically fight with gob, marta realizes that they do not share the same family values and she leaves them both. to spite buster, lucille adopts a korean son whom she calls " annyong " after she mistakes the korean word for " hello " as his name. through an escalating series of dares, gob marries a woman he just met, played by will arnett's then real - life wife amy poehler, but cannot get an annulment because he refuses to admit that he did not consummate the marriage. kitty, george sr.'s former assistant and mistress, tries to blackmail the
( or descendant ) of kehath the levite, who entered egypt with jacob's household ; his mother was jochebed ( also yocheved ), who was kin to kehath. moses had one older ( by seven years ) sister, miriam, and one older ( by three years ) brother, aaron. pharaoh had commanded that all male hebrew children born would be drowned in the river nile, but moses's mother placed him in an ark and concealed the ark in the bulrushes by the riverbank. he was discovered and adopted by pharaoh's daughter and raised as an egyptian. one day, after moses had reached adulthood, he killed an egyptian who was beating a hebrew. to escape pharaoh's death penalty, moses fled to midian ( a desert country south of judah ), where he married zipporah. there, on mount horeb, god appeared to moses as a burning bush, revealed his name as yhwh ( probably pronounced yahweh ), and commanded him to return to egypt and bring his chosen people ( israel ) out of bondage and into the promised land ( canaan ). during the journey, god tried to kill moses for failing to circumcise his son, but zipporah saved his life. moses returned to carry out god's command, but god enabled pharaoh to refuse, and only after god had subjected egypt to ten plagues did pharaoh relent. moses led the israelites to the border of egypt, but god hardened pharaoh's heart once more so that he could destroy pharaoh and his army at the red sea crossing as a sign of his power to israel and the nations. after defeating the amalekites in rephidim, moses led the israelites to mount sinai, where he was given the ten commandments from god, written on stone tablets. however, since moses remained a long time on the mountain, some of the people feared that he might be dead, so they made a statue of a golden calf and worshipped it as an idol of god, thus disobeying and angering god and moses. moses, out of anger, broke the tablets and later ordered the elimination of those who had worshiped the golden statue, which was melted down and fed to the idolaters. god again wrote the ten commandments on a new set of tablets. later at mount sinai, moses and the elders entered into a covenant by which israel would become the people of yhwh, obeying his laws
respectfully declined. saul then gave merab in marriage to adriel the meholathite. having been told that his younger daughter michal was in love with david, saul gave her in marriage to david upon david's payment in philistine foreskins ( ancient jewish historian josephus lists the dowry as 100 philistine heads ). saul became jealous of david and tried to have him killed. david escaped. then saul sent michal to galim to marry palti, son of laish. david then took wives in hebron, according to 2 samuel 3 ; they were ahinoam the yizre'elite ; abigail, the widow of nabal the carmelite ; maacah, the daughter of talmay, king of geshur ; haggith ; abital ; and eglah. later, david wanted michal back and abner, ish - bosheth's army commander, delivered her to him, causing palti great grief. the book of chronicles lists his sons with his various wives and concubines. in hebron, david had six sons : amnon, by ahinoam ; daniel, by abigail ; absalom, by maachah ; adonijah, by haggith ; shephatiah, by abital ; and ithream, by eglah. by bathsheba, his sons were shammua, shobab, nathan, and solomon. david's sons born in jerusalem of his other wives included ibhar, elishua, eliphelet, nogah, nepheg, japhia, elishama and eliada. jerimoth, who is not mentioned in any of the genealogies, is mentioned as another of his sons in 2 chronicles 11 : 18. his daughter tamar, by maachah, is raped by her half - brother amnon. david fails to bring amnon to justice for his violation of tamar, because he is his firstborn and he loves him, and so absalom ( her full brother ) kills amnon to avenge tamar. despite the great sins they had committed, david showed grief at his sons'deaths, weeping twice for amnon ( 2 samuel 13 : 31 β 26 ) and seven times for absalom. = = = narrative = = = god is angered when saul, israel's king, unlawfully offers a sacrifice and later disobeys a divine command both to kill all
respectfully declined. saul then gave merab in marriage to adriel the meholathite. having been told that his younger daughter michal was in love with david, saul gave her in marriage to david upon david's payment in philistine foreskins ( ancient jewish historian josephus lists the dowry as 100 philistine heads ). saul became jealous of david and tried to have him killed. david escaped. then saul sent michal to galim to marry palti, son of laish. david then took wives in hebron, according to 2 samuel 3 ; they were ahinoam the yizre'elite ; abigail, the widow of nabal the carmelite ; maacah, the daughter of talmay, king of geshur ; haggith ; abital ; and eglah. later, david wanted michal back and abner, ish - bosheth's army commander, delivered her to him, causing palti great grief. the book of chronicles lists his sons with his various wives and concubines. in hebron, david had six sons : amnon, by ahinoam ; daniel, by abigail ; absalom, by maachah ; adonijah, by haggith ; shephatiah, by abital ; and ithream, by eglah. by bathsheba, his sons were shammua, shobab, nathan, and solomon. david's sons born in jerusalem of his other wives included ibhar, elishua, eliphelet, nogah, nepheg, japhia, elishama and eliada. jerimoth, who is not mentioned in any of the genealogies, is mentioned as another of his sons in 2 chronicles 11 : 18. his daughter tamar, by maachah, is raped by her half - brother amnon. david fails to bring amnon to justice for his violation of tamar, because he is his firstborn and he loves him, and so absalom ( her full brother ) kills amnon to avenge tamar. despite the great sins they had committed, david showed grief at his sons'deaths, weeping twice for amnon ( 2 samuel 13 : 31 β 26 ) and seven times for absalom. = = = narrative = = = god is angered when saul, israel's king, unlawfully offers a sacrifice and later disobeys a divine command both to kill all
and william edwards carlin. the two men claimed they had found large numbers of fossils in como bluff, and warned that there were others in the area " looking for such things ", which marsh took to mean cope. williston, who had just wearily arrived in kansas after the collapse of the morrison mine, was quickly dispatched to como bluff by marsh. his former student sent back a message, confirming the large quantities of bones and that it was cope's men snooping around the area. wary of repeating the same mistakes he had made with lakes, marsh quickly sent money to the two new bone hunters and urged them to send additional fossils. williston struck a preliminary bargain with carlin and reed ( who had been unable to cash marsh's check due to it being made out to their pseudonyms ), but carlin decided he would head to new haven to deal with marsh directly. marsh drew up a contract calling for a set monthly fee, with additional cash bonuses to carlin and reed possible, depending on the importance of the finds. marsh also reserved the right to send his own " superintendents " to supervise the digging if needed and advised the men to try to keep cope out of the region. despite a face - to - face meeting, carlin failed to negotiate better terms from marsh. the paleontologist procured carlin's and reed's services, but seeds of resentment were sown as the bone hunters felt marsh had bullied them into the deal. marsh's investment in the como bluff region soon produced rich results. while marsh's own collectors headed east for the winter, reed sent carloads of bones by rail to marsh throughout 1877. marsh described and named dinosaurs such as stegosaurus, allosaurus, and apatosaurus in the december 1877 issue of the american journal of science. despite marsh's precautions against alerting his rival to como bluff's rich bone beds, word of the discoveries rapidly spread. this was at least partly due to carlin and reed helping spread the rumors. they leaked information to the laramie daily sentinel, which published an article about the finds in april 1878 that exaggerated the price marsh had paid for the bones, possibly to raise prices and demand for more bones. marsh, attempting to cover the leak, learned from williston that carlin and reed had been visited by a man ostensibly working for cope by the name of " haines ". after learning of the como bluff discoveries, cope sent " dinosaur rustlers " to the area in an attempt to quietly steal
Answer:
|
the land is located in a state where the Statute of Frauds will not be applied if there has been such part performance as will result in an irreparable hardship if the contract is not performed.
| null |
Seth was an elderly widower who lived alone on a small farm which he owned. Except for the farm, including the house and its furnishings, and the usual items of personal clothing and similar things, Seth owned substantially no property. Under proper management, the farm was capable of producing an adequate family income. Because of the usual deterioration accompanying old age, Seth was unable to do farm work or even to provide for his own personal needs. Seth entered into an oral contract with his nephew, Jim, by which Seth agreed to convey the farm to Jim and Jim agreed to move into the house with Seth, operate the farm, and take care of Seth for the rest of his life. The oral contract was silent as to when the land was to be conveyed. Jim, who lived about 50 miles away where he was operating a small business of his own, terminated his business and moved in with Seth. With the assistance of his wife, Jim gave Seth excellent care until Seth died intestate about five years after the date of the contract. In his final years Seth was confined to his bed and required much personal service of an intimate and arduous sort. Seth was survived by his only son, Sol, who was also Seth's sole heir and next of kin. Sol resided in a distant city and gave his father no attention in his father's final years. Sol showed up for Seth's funeral and demanded that Jim vacate the farm immediately. Upon Jim's refusal to do so, Sol brought an appropriate action for possession. Jim answered by way of a counterclaim to establish Jim's right to possession and title to the farm. 20 If the court's decision is in favor of Jim, it will be because
0. the land is located in a state where the Statute of Frauds will not be applied if there has been such part performance as will result in an irreparable hardship if the contract is not performed.
1. the land is located in a state where the Statute of Frauds will not be applied if there has been part performance that is by its very nature unequivocally referable to the contract.
2. Sol is precluded by the "clean hands" doctrine from enforcing his claim against Jim
3. the blood relationship of uncle-nephew is sufficient to remove the necessity for any writing to satisfy the Statute of Frauds.
sr., patriarch of the wealthy bluth family, is the founder and former ceo of the successful bluth company which markets and builds mini - mansions among many other activities. his son michael serves as manager of the company, and, after being passed over for a promotion, decides to leave both the company and his family. just as he makes this decision, however, george sr. is arrested by the securities and exchange commission for defrauding investors and gross spending of the company's money for " personal expenses ". his wife lucille becomes ceo, and immediately names as the new president her extremely sheltered youngest son buster, who proves ill - equipped, as his only experience with business is a class he took concerning 18th century agrarian business. furious at being passed over again, michael secures another job with a rival company and plans on leaving his family behind for good. realizing that they need michael, the family asks him to come back and run the company, which michael scoffs at until he sees how much the family means to his teenaged son george michael. to keep the family together, michael asks his self - centered twin sister lindsay, her husband tobias and their daughter maeby to live together in the bluth model home with him and george michael. throughout the first season, different characters struggle to change their identities. buster works to escape from his mother's control by bonding with brothers michael and gob as well as with love interest lucille austero, lucille bluth's neighbor and chief social rival. george michael nurses a forbidden crush on his cousin maeby, while continually trying to meet his father's expectations. lindsay's husband tobias searches for work as an actor, with the aid of carl weathers. michael falls in love with his screw - up older brother gob's neglected girlfriend marta, and is torn between being with her and putting " family first ". after seeing michael physically fight with gob, marta realizes that they do not share the same family values and she leaves them both. to spite buster, lucille adopts a korean son whom she calls " annyong " after she mistakes the korean word for " hello " as his name. through an escalating series of dares, gob marries a woman he just met, played by will arnett's then real - life wife amy poehler, but cannot get an annulment because he refuses to admit that he did not consummate the marriage. kitty, george sr.'s former assistant and mistress, tries to blackmail the
( or descendant ) of kehath the levite, who entered egypt with jacob's household ; his mother was jochebed ( also yocheved ), who was kin to kehath. moses had one older ( by seven years ) sister, miriam, and one older ( by three years ) brother, aaron. pharaoh had commanded that all male hebrew children born would be drowned in the river nile, but moses's mother placed him in an ark and concealed the ark in the bulrushes by the riverbank. he was discovered and adopted by pharaoh's daughter and raised as an egyptian. one day, after moses had reached adulthood, he killed an egyptian who was beating a hebrew. to escape pharaoh's death penalty, moses fled to midian ( a desert country south of judah ), where he married zipporah. there, on mount horeb, god appeared to moses as a burning bush, revealed his name as yhwh ( probably pronounced yahweh ), and commanded him to return to egypt and bring his chosen people ( israel ) out of bondage and into the promised land ( canaan ). during the journey, god tried to kill moses for failing to circumcise his son, but zipporah saved his life. moses returned to carry out god's command, but god enabled pharaoh to refuse, and only after god had subjected egypt to ten plagues did pharaoh relent. moses led the israelites to the border of egypt, but god hardened pharaoh's heart once more so that he could destroy pharaoh and his army at the red sea crossing as a sign of his power to israel and the nations. after defeating the amalekites in rephidim, moses led the israelites to mount sinai, where he was given the ten commandments from god, written on stone tablets. however, since moses remained a long time on the mountain, some of the people feared that he might be dead, so they made a statue of a golden calf and worshipped it as an idol of god, thus disobeying and angering god and moses. moses, out of anger, broke the tablets and later ordered the elimination of those who had worshiped the golden statue, which was melted down and fed to the idolaters. god again wrote the ten commandments on a new set of tablets. later at mount sinai, moses and the elders entered into a covenant by which israel would become the people of yhwh, obeying his laws
respectfully declined. saul then gave merab in marriage to adriel the meholathite. having been told that his younger daughter michal was in love with david, saul gave her in marriage to david upon david's payment in philistine foreskins ( ancient jewish historian josephus lists the dowry as 100 philistine heads ). saul became jealous of david and tried to have him killed. david escaped. then saul sent michal to galim to marry palti, son of laish. david then took wives in hebron, according to 2 samuel 3 ; they were ahinoam the yizre'elite ; abigail, the widow of nabal the carmelite ; maacah, the daughter of talmay, king of geshur ; haggith ; abital ; and eglah. later, david wanted michal back and abner, ish - bosheth's army commander, delivered her to him, causing palti great grief. the book of chronicles lists his sons with his various wives and concubines. in hebron, david had six sons : amnon, by ahinoam ; daniel, by abigail ; absalom, by maachah ; adonijah, by haggith ; shephatiah, by abital ; and ithream, by eglah. by bathsheba, his sons were shammua, shobab, nathan, and solomon. david's sons born in jerusalem of his other wives included ibhar, elishua, eliphelet, nogah, nepheg, japhia, elishama and eliada. jerimoth, who is not mentioned in any of the genealogies, is mentioned as another of his sons in 2 chronicles 11 : 18. his daughter tamar, by maachah, is raped by her half - brother amnon. david fails to bring amnon to justice for his violation of tamar, because he is his firstborn and he loves him, and so absalom ( her full brother ) kills amnon to avenge tamar. despite the great sins they had committed, david showed grief at his sons'deaths, weeping twice for amnon ( 2 samuel 13 : 31 β 26 ) and seven times for absalom. = = = narrative = = = god is angered when saul, israel's king, unlawfully offers a sacrifice and later disobeys a divine command both to kill all
respectfully declined. saul then gave merab in marriage to adriel the meholathite. having been told that his younger daughter michal was in love with david, saul gave her in marriage to david upon david's payment in philistine foreskins ( ancient jewish historian josephus lists the dowry as 100 philistine heads ). saul became jealous of david and tried to have him killed. david escaped. then saul sent michal to galim to marry palti, son of laish. david then took wives in hebron, according to 2 samuel 3 ; they were ahinoam the yizre'elite ; abigail, the widow of nabal the carmelite ; maacah, the daughter of talmay, king of geshur ; haggith ; abital ; and eglah. later, david wanted michal back and abner, ish - bosheth's army commander, delivered her to him, causing palti great grief. the book of chronicles lists his sons with his various wives and concubines. in hebron, david had six sons : amnon, by ahinoam ; daniel, by abigail ; absalom, by maachah ; adonijah, by haggith ; shephatiah, by abital ; and ithream, by eglah. by bathsheba, his sons were shammua, shobab, nathan, and solomon. david's sons born in jerusalem of his other wives included ibhar, elishua, eliphelet, nogah, nepheg, japhia, elishama and eliada. jerimoth, who is not mentioned in any of the genealogies, is mentioned as another of his sons in 2 chronicles 11 : 18. his daughter tamar, by maachah, is raped by her half - brother amnon. david fails to bring amnon to justice for his violation of tamar, because he is his firstborn and he loves him, and so absalom ( her full brother ) kills amnon to avenge tamar. despite the great sins they had committed, david showed grief at his sons'deaths, weeping twice for amnon ( 2 samuel 13 : 31 β 26 ) and seven times for absalom. = = = narrative = = = god is angered when saul, israel's king, unlawfully offers a sacrifice and later disobeys a divine command both to kill all
and william edwards carlin. the two men claimed they had found large numbers of fossils in como bluff, and warned that there were others in the area " looking for such things ", which marsh took to mean cope. williston, who had just wearily arrived in kansas after the collapse of the morrison mine, was quickly dispatched to como bluff by marsh. his former student sent back a message, confirming the large quantities of bones and that it was cope's men snooping around the area. wary of repeating the same mistakes he had made with lakes, marsh quickly sent money to the two new bone hunters and urged them to send additional fossils. williston struck a preliminary bargain with carlin and reed ( who had been unable to cash marsh's check due to it being made out to their pseudonyms ), but carlin decided he would head to new haven to deal with marsh directly. marsh drew up a contract calling for a set monthly fee, with additional cash bonuses to carlin and reed possible, depending on the importance of the finds. marsh also reserved the right to send his own " superintendents " to supervise the digging if needed and advised the men to try to keep cope out of the region. despite a face - to - face meeting, carlin failed to negotiate better terms from marsh. the paleontologist procured carlin's and reed's services, but seeds of resentment were sown as the bone hunters felt marsh had bullied them into the deal. marsh's investment in the como bluff region soon produced rich results. while marsh's own collectors headed east for the winter, reed sent carloads of bones by rail to marsh throughout 1877. marsh described and named dinosaurs such as stegosaurus, allosaurus, and apatosaurus in the december 1877 issue of the american journal of science. despite marsh's precautions against alerting his rival to como bluff's rich bone beds, word of the discoveries rapidly spread. this was at least partly due to carlin and reed helping spread the rumors. they leaked information to the laramie daily sentinel, which published an article about the finds in april 1878 that exaggerated the price marsh had paid for the bones, possibly to raise prices and demand for more bones. marsh, attempting to cover the leak, learned from williston that carlin and reed had been visited by a man ostensibly working for cope by the name of " haines ". after learning of the como bluff discoveries, cope sent " dinosaur rustlers " to the area in an attempt to quietly steal
Answer:
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the blood relationship of uncle-nephew is sufficient to remove the necessity for any writing to satisfy the Statute of Frauds.
| 0.3 |
The following events took place in a state that does not recognize common law marriage. The state does recognize the common law estate of tenancy by the entirety and has no statute on the subject. Wade Sloan and Mary Isaacs, who were never formally married, lived together over a sevenyear period. During this time Mary identified herself as "Mrs. Sloan" with the knowledge and consent of Wade. Wade and Mary maintained several charge accounts at retail stores under the names "Mr. and Mrs. Wade Sloan," and they filed joint income tax returns as Mr. and Mrs. Sloan. Within this period Wade decided to buy a home. The deed was in proper form and identified the grantees as "Wade Sloan and Mary Sloan his wife, and their heirs and assigns forever as tenants by the entirety." Wade made a down payment of $10,000 and gave a note and mortgage for the unpaid balance. Both Wade and Mary signed the note and mortgage for the unpaid balance. Both Wade and Mary signed the note and mortgage as husband and wife. Wade made the monthly payments as they became due until he and Mary had a disagreement and he abandoned her and the house. Mary then made the payments for three months. She then brought an action against Wade for partition of the land in question. The prayer for partition should be
0. denied, because a tenant by the entirety has no right to partition
1. denied, because Wade has absolute title to the property.
2. granted, because the tenancy by the entirety that was created by the deed was severed when Wade abandoned Mary.
3. granted, because the estate created by the deed was not a tenancy by the entirety.
trusts, and their beneficiaries ( " taxpayers " ) are subject to income tax in the united states. the amount on which tax is computed, taxable income, equals gross income less allowable tax deductions. the internal revenue code gives specific examples. the examples are not all inclusive. the term " income " is not defined in the statute or regulations. an early supreme court case stated, " income may be defined as the gain derived from capital, from labor, or from both combined, provided it is understood to include profit gained through a sale or conversion of capital assets. " the court also held that the amount of gross income on disposition of property is the proceeds less the basis ( usually, the acquisition cost ) of the property. gross income is not limited to cash received : it includes " income realized in any form, whether money, property, or services ". following are some of the things that are included in income : wages, fees for services, tips, and similar income. it is well established that income from personal services must be included in the gross income of the person who performs the services. mere assignment of the income does not shift the liability for the tax. interest received, as well as imputed interest on below market and gift loans. dividends, including capital gain distributions, from corporations. gross profit from sale of inventory. the sales price, net of discounts, less cost of goods sold is included in income. gains on disposition of other property. gain is measured as the excess of proceeds over the taxpayer's adjusted basis in the property. losses from property may be allowed as tax deductions. rents and royalties from use of tangible or intangible property. the full amount of rent or royalty is included in income, and expenses incurred to produce this income may be allowed as tax deductions. alimony and separate maintenance payments. pensions, annuities, and income from life insurance or endowment contracts. distributive share of partnership income or pro rata share of income of an s corporation. state and local income tax refunds, to the extent previously deducted. these are generally excluded from gross income for state and local income tax purposes. any other income from whatever source. even income from crimes is taxable and must be reported, as failure to do so is a crime in itself. gifts and inheritances are not considered income to the recipient under u. s. law. however, gift or estate tax may be imposed on the donor or the estate of the decede
was donated to the national trust for historic preservation by the daughters of its final owner. the site was designated as a national historic landmark by the national park service. = = = maryland = = = the largest of this land was located in kent county, where 1, 365 acres where preserved through $ 5, 850, 144. 98 worth of easements. the hampton historical site is a 63 - acre preservation that includes the historic hampton mansion, gardens, historic farm buildings, slave quarters, and a family cemetery. in the face of suburban expansion and farming becoming less viable, the ridgely family decided to sell the remaining property to the national park service. the site was restored before reopening in 1950. in 2023, the maryland agricultural land preservation foundation was able to permanently preserve 4, 600 acres of farmland by using $ 16, 76732. 23 in easements. = = = minnesota = = = the minnesota land trust has been able to preserve approximately 79, 421 acres that span across 698 projects. the largest deal made by the trust was in 2021, with the purchase of 4 parcels valued at $ 4. 2 million. upon purchase, the land was donated to st. louis county, who will manage the land for recreation, wildlife, and sustainable time harvest. in 2024, the krueger christmas tree farm completed easements that would preserve 36 of the 46 acres on their farm. = = = florida = = = in 2023, florida agriculture commissioner wilton simpson helped secure $ 300 million in funding for the rural and family lands protection program ( rflpp ). the program intends to provide funds easements for these farms, which in turn serve as a buffer to the florida wildlife corridor. the department of agriculture released rankings of 257 farms and placed trailhead blue springs at first, which is a 12, 098 acre cow ranch. the largest of these project is the adams ranch in osceola county, which is 24, 027 acres and is used for cattle production. in a joint effort by conservation florida and the natural resources conservation service, easements were placed on the xl ranch lightsey cove that helped protect 527 acres along the florida wildlife corridor. this ranch is also located within the avon park air force range sentinel landscape, which covers nearly 1. 7 million acres and homes parts of the everglades headwaters national wildlife refuge and conservation area. = = = connecticut = = = in connecticut, the farmland preservation program has preserved over 45, 300 acres of land across 373 farms. this includes the historic maple
s., former senator of illinois, husband of michelle obama, etc. " ( 1 ) does not stipulate that the set of properties Ο is the meaning of x. ( 2 ) stipulates the epistemic position of the speaker. note ( 2 ) says " believed by a to pick out. " ( 3 ) takes the properties in ( 1 ) and ( 2 ) and turns them into a mechanism of reference. basically, if a unique object satisfies the properties associated with'x'such that a believes that'x has such - and - such properties ', it picks out or refers to that object. ( 4 ) states what happens when no object satisfies the properties ( kripke talks in terms of taking a " vote " as to the unique referent ). ( 5 ) follows from ( 1 ) β ( 3 ). if there is a set of properties that speaker a believes to be associated with x, then these properties must be already known by the speaker. in this sense they are a priori. to know what a bachelor is, an individual must know what an unmarried male is ; likewise an individual must know who is'the president of the u. s., former senator of illinois, husband of michelle obama, etc.'to know who obama is. ( 6 ) however is not a direct product of the theses. kripke notes " ( 6 ) need not be a thesis of the theory if someone doesn't think that the cluster is part of the meaning of the name " ( p. 65 ). however, when the descriptivist theory is taken as a theory of reference and meaning, ( 6 ) would be a thesis. taken as a theory of reference, the following would be true : if someone fits the description'the author who wrote, among other things, 1984 and animal farm'uniquely, then this someone is the george orwell. ( thesis 3 )'george orwell wrote, among other things, 1984 and animal farm'is known a priori by the speaker. ( thesis 5 ) the idea in the second sentence is that one can't refer to something without knowing what he or she is referring to. taken as a theory of reference and meaning, the following would be true : the author who wrote, among other things, 1984 and animal farm, wrote 1984 and animal farm. ( thesis 6 ) after breaking down the descriptivist theory, he begins to point out what's wrong with it. first, he offered
, he lived at his wife's family's estate at hawarden in flintshire, wales. he never owned hawarden, which belonged first to his brother - in - law sir stephen glynne, and was then inherited by gladstone's eldest son in 1874. during the late 1840s, when he was out of office, he worked extensively to turn hawarden into a viable business. in 1848, he founded the church penitentiary association for the reclamation of fallen women. in may 1849, he began his most active " rescue work ", and met prostitutes late at night on the street, in his house or in their houses, writing their names in a private notebook. he aided the house of mercy at clewer near windsor, which exercised extreme in - house discipline, and spent much time arranging employment for ex - prostitutes. in a " declaration " signed on 7 december 1896, and only to be opened after his death, gladstone wrote, " i desire to record my solemn declaration and assurance, as in the sight of god and before his judgement seat, that at no period of my life have i been guilty of the act which is known as that of infidelity to the marriage bed. " in 1850 β 51, gladstone visited naples, italy, for the benefit of his daughter mary's eyesight. giacomo lacaita, a legal adviser to the british embassy, was at the time imprisoned by the neapolitan government, as were other political dissidents. gladstone became concerned about the political situation in naples, and the arrest and imprisonment of neapolitan liberals. in february 1851, gladstone visited the prisons where thousands of them were held, and was outraged. in april and july, he published two letters to the earl of aberdeen, criticising the neapolitan government and, in 1852, responded to his critics in an examination of the official reply of the neapolitan government. gladstone's first letter described what he saw in naples as " the negation of god erected into a system of government ". = = chancellor of the exchequer ( 1852 β 1855 ) = = in 1852, following the appointment of lord aberdeen as prime minister, head of a coalition of whigs and peelites, gladstone became chancellor of the exchequer. the whig sir charles wood and the tory disraeli had both been perceived to have failed in the office and so this provided gladstone with a great political opportunity. his first budget in 1853 almost completed the work begun by peel eleven years before in simplify
grandmother of noah porter - benson, olivia's adopted son ) starting in season 19 of the long - running dramatic series. on february 7, 2018, raul esparza left the series after six seasons. his role was taken over by winchester. upon being renewed for its twenty - first season, it was announced that winchester would be departing the series after the twentieth season. in march 2019, it was announced that the show would come back for season 21, making it the longest - running primetime u. s. live - action series in the history of television. on march 29, 2019, it was revealed that winchester would not return for season 21. he tweeted the same day about his departure from the show. on may 16, 2019, the season finale aired and winchester took to twitter to thank the cast and crew for the send - off. after recurring for several episodes in season 21 as vice officer katriona tamin, jamie gray hyder joined the cast as a regular, starting in episode 8. on october 6, 2020, demore barnes, who had recurred throughout season 21 as new deputy chief christian garland, was upgraded to regular status for season 22. on september 3, 2021, it was announced that hyder and barnes would both depart the series following the two - hour season 23 premiere. on october 13, 2021, octavio pisano, who had guest starred since the start of the season, was promoted to regular status. on august 24, 2022, it was announced that giddish would leave the series during the first half of season 24, with episode nine as her last appearance as a regular. on november 10, 2022, molly burnett, who initially appeared in a recurring capacity for the first six episodes, was promoted to series regular beginning with the seventh episode. on may 19, 2023, burnett announced that she will leave at the end of the show's twenty - fourth season. on november 28, 2023, it was announced giddish would return for the twenty - fifth season premiere. on july 22, 2024, it was reported that kevin kane, who portrays terry bruno, would be promoted to a series regular for the show's twenty - sixth season, after recurring the previous two seasons. on august 7, 2024, it was announced juliana aiden martinez, who would portray kate silva, was added as a series regular ahead of the season premiere. on may 6, 2025, it was announced martinez and pisano would depart following the conclusion of the twenty
Answer:
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granted, because the estate created by the deed was not a tenancy by the entirety.
| null |
The following events took place in a state that does not recognize common law marriage. The state does recognize the common law estate of tenancy by the entirety and has no statute on the subject. Wade Sloan and Mary Isaacs, who were never formally married, lived together over a sevenyear period. During this time Mary identified herself as "Mrs. Sloan" with the knowledge and consent of Wade. Wade and Mary maintained several charge accounts at retail stores under the names "Mr. and Mrs. Wade Sloan," and they filed joint income tax returns as Mr. and Mrs. Sloan. Within this period Wade decided to buy a home. The deed was in proper form and identified the grantees as "Wade Sloan and Mary Sloan his wife, and their heirs and assigns forever as tenants by the entirety." Wade made a down payment of $10,000 and gave a note and mortgage for the unpaid balance. Both Wade and Mary signed the note and mortgage for the unpaid balance. Both Wade and Mary signed the note and mortgage as husband and wife. Wade made the monthly payments as they became due until he and Mary had a disagreement and he abandoned her and the house. Mary then made the payments for three months. She then brought an action against Wade for partition of the land in question. The prayer for partition should be
0. denied, because a tenant by the entirety has no right to partition
1. denied, because Wade has absolute title to the property.
2. granted, because the tenancy by the entirety that was created by the deed was severed when Wade abandoned Mary.
3. granted, because the estate created by the deed was not a tenancy by the entirety.
trusts, and their beneficiaries ( " taxpayers " ) are subject to income tax in the united states. the amount on which tax is computed, taxable income, equals gross income less allowable tax deductions. the internal revenue code gives specific examples. the examples are not all inclusive. the term " income " is not defined in the statute or regulations. an early supreme court case stated, " income may be defined as the gain derived from capital, from labor, or from both combined, provided it is understood to include profit gained through a sale or conversion of capital assets. " the court also held that the amount of gross income on disposition of property is the proceeds less the basis ( usually, the acquisition cost ) of the property. gross income is not limited to cash received : it includes " income realized in any form, whether money, property, or services ". following are some of the things that are included in income : wages, fees for services, tips, and similar income. it is well established that income from personal services must be included in the gross income of the person who performs the services. mere assignment of the income does not shift the liability for the tax. interest received, as well as imputed interest on below market and gift loans. dividends, including capital gain distributions, from corporations. gross profit from sale of inventory. the sales price, net of discounts, less cost of goods sold is included in income. gains on disposition of other property. gain is measured as the excess of proceeds over the taxpayer's adjusted basis in the property. losses from property may be allowed as tax deductions. rents and royalties from use of tangible or intangible property. the full amount of rent or royalty is included in income, and expenses incurred to produce this income may be allowed as tax deductions. alimony and separate maintenance payments. pensions, annuities, and income from life insurance or endowment contracts. distributive share of partnership income or pro rata share of income of an s corporation. state and local income tax refunds, to the extent previously deducted. these are generally excluded from gross income for state and local income tax purposes. any other income from whatever source. even income from crimes is taxable and must be reported, as failure to do so is a crime in itself. gifts and inheritances are not considered income to the recipient under u. s. law. however, gift or estate tax may be imposed on the donor or the estate of the decede
was donated to the national trust for historic preservation by the daughters of its final owner. the site was designated as a national historic landmark by the national park service. = = = maryland = = = the largest of this land was located in kent county, where 1, 365 acres where preserved through $ 5, 850, 144. 98 worth of easements. the hampton historical site is a 63 - acre preservation that includes the historic hampton mansion, gardens, historic farm buildings, slave quarters, and a family cemetery. in the face of suburban expansion and farming becoming less viable, the ridgely family decided to sell the remaining property to the national park service. the site was restored before reopening in 1950. in 2023, the maryland agricultural land preservation foundation was able to permanently preserve 4, 600 acres of farmland by using $ 16, 76732. 23 in easements. = = = minnesota = = = the minnesota land trust has been able to preserve approximately 79, 421 acres that span across 698 projects. the largest deal made by the trust was in 2021, with the purchase of 4 parcels valued at $ 4. 2 million. upon purchase, the land was donated to st. louis county, who will manage the land for recreation, wildlife, and sustainable time harvest. in 2024, the krueger christmas tree farm completed easements that would preserve 36 of the 46 acres on their farm. = = = florida = = = in 2023, florida agriculture commissioner wilton simpson helped secure $ 300 million in funding for the rural and family lands protection program ( rflpp ). the program intends to provide funds easements for these farms, which in turn serve as a buffer to the florida wildlife corridor. the department of agriculture released rankings of 257 farms and placed trailhead blue springs at first, which is a 12, 098 acre cow ranch. the largest of these project is the adams ranch in osceola county, which is 24, 027 acres and is used for cattle production. in a joint effort by conservation florida and the natural resources conservation service, easements were placed on the xl ranch lightsey cove that helped protect 527 acres along the florida wildlife corridor. this ranch is also located within the avon park air force range sentinel landscape, which covers nearly 1. 7 million acres and homes parts of the everglades headwaters national wildlife refuge and conservation area. = = = connecticut = = = in connecticut, the farmland preservation program has preserved over 45, 300 acres of land across 373 farms. this includes the historic maple
s., former senator of illinois, husband of michelle obama, etc. " ( 1 ) does not stipulate that the set of properties Ο is the meaning of x. ( 2 ) stipulates the epistemic position of the speaker. note ( 2 ) says " believed by a to pick out. " ( 3 ) takes the properties in ( 1 ) and ( 2 ) and turns them into a mechanism of reference. basically, if a unique object satisfies the properties associated with'x'such that a believes that'x has such - and - such properties ', it picks out or refers to that object. ( 4 ) states what happens when no object satisfies the properties ( kripke talks in terms of taking a " vote " as to the unique referent ). ( 5 ) follows from ( 1 ) β ( 3 ). if there is a set of properties that speaker a believes to be associated with x, then these properties must be already known by the speaker. in this sense they are a priori. to know what a bachelor is, an individual must know what an unmarried male is ; likewise an individual must know who is'the president of the u. s., former senator of illinois, husband of michelle obama, etc.'to know who obama is. ( 6 ) however is not a direct product of the theses. kripke notes " ( 6 ) need not be a thesis of the theory if someone doesn't think that the cluster is part of the meaning of the name " ( p. 65 ). however, when the descriptivist theory is taken as a theory of reference and meaning, ( 6 ) would be a thesis. taken as a theory of reference, the following would be true : if someone fits the description'the author who wrote, among other things, 1984 and animal farm'uniquely, then this someone is the george orwell. ( thesis 3 )'george orwell wrote, among other things, 1984 and animal farm'is known a priori by the speaker. ( thesis 5 ) the idea in the second sentence is that one can't refer to something without knowing what he or she is referring to. taken as a theory of reference and meaning, the following would be true : the author who wrote, among other things, 1984 and animal farm, wrote 1984 and animal farm. ( thesis 6 ) after breaking down the descriptivist theory, he begins to point out what's wrong with it. first, he offered
, he lived at his wife's family's estate at hawarden in flintshire, wales. he never owned hawarden, which belonged first to his brother - in - law sir stephen glynne, and was then inherited by gladstone's eldest son in 1874. during the late 1840s, when he was out of office, he worked extensively to turn hawarden into a viable business. in 1848, he founded the church penitentiary association for the reclamation of fallen women. in may 1849, he began his most active " rescue work ", and met prostitutes late at night on the street, in his house or in their houses, writing their names in a private notebook. he aided the house of mercy at clewer near windsor, which exercised extreme in - house discipline, and spent much time arranging employment for ex - prostitutes. in a " declaration " signed on 7 december 1896, and only to be opened after his death, gladstone wrote, " i desire to record my solemn declaration and assurance, as in the sight of god and before his judgement seat, that at no period of my life have i been guilty of the act which is known as that of infidelity to the marriage bed. " in 1850 β 51, gladstone visited naples, italy, for the benefit of his daughter mary's eyesight. giacomo lacaita, a legal adviser to the british embassy, was at the time imprisoned by the neapolitan government, as were other political dissidents. gladstone became concerned about the political situation in naples, and the arrest and imprisonment of neapolitan liberals. in february 1851, gladstone visited the prisons where thousands of them were held, and was outraged. in april and july, he published two letters to the earl of aberdeen, criticising the neapolitan government and, in 1852, responded to his critics in an examination of the official reply of the neapolitan government. gladstone's first letter described what he saw in naples as " the negation of god erected into a system of government ". = = chancellor of the exchequer ( 1852 β 1855 ) = = in 1852, following the appointment of lord aberdeen as prime minister, head of a coalition of whigs and peelites, gladstone became chancellor of the exchequer. the whig sir charles wood and the tory disraeli had both been perceived to have failed in the office and so this provided gladstone with a great political opportunity. his first budget in 1853 almost completed the work begun by peel eleven years before in simplify
grandmother of noah porter - benson, olivia's adopted son ) starting in season 19 of the long - running dramatic series. on february 7, 2018, raul esparza left the series after six seasons. his role was taken over by winchester. upon being renewed for its twenty - first season, it was announced that winchester would be departing the series after the twentieth season. in march 2019, it was announced that the show would come back for season 21, making it the longest - running primetime u. s. live - action series in the history of television. on march 29, 2019, it was revealed that winchester would not return for season 21. he tweeted the same day about his departure from the show. on may 16, 2019, the season finale aired and winchester took to twitter to thank the cast and crew for the send - off. after recurring for several episodes in season 21 as vice officer katriona tamin, jamie gray hyder joined the cast as a regular, starting in episode 8. on october 6, 2020, demore barnes, who had recurred throughout season 21 as new deputy chief christian garland, was upgraded to regular status for season 22. on september 3, 2021, it was announced that hyder and barnes would both depart the series following the two - hour season 23 premiere. on october 13, 2021, octavio pisano, who had guest starred since the start of the season, was promoted to regular status. on august 24, 2022, it was announced that giddish would leave the series during the first half of season 24, with episode nine as her last appearance as a regular. on november 10, 2022, molly burnett, who initially appeared in a recurring capacity for the first six episodes, was promoted to series regular beginning with the seventh episode. on may 19, 2023, burnett announced that she will leave at the end of the show's twenty - fourth season. on november 28, 2023, it was announced giddish would return for the twenty - fifth season premiere. on july 22, 2024, it was reported that kevin kane, who portrays terry bruno, would be promoted to a series regular for the show's twenty - sixth season, after recurring the previous two seasons. on august 7, 2024, it was announced juliana aiden martinez, who would portray kate silva, was added as a series regular ahead of the season premiere. on may 6, 2025, it was announced martinez and pisano would depart following the conclusion of the twenty
Answer:
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granted, because the tenancy by the entirety that was created by the deed was severed when Wade abandoned Mary.
| 0.3 |
Sand Company operated an installation for distributing sand and gravel. The installation was adjacent to a residential area. On Sand's grounds there was a chute with polished metal sides for loading sand and gravel into trucks. The trucks being loaded stopped on the public street below the chute. After closing hours, a plywood screen was placed in the chute and the ladder used for inspection was removed to another section of the installation. For several months, however, a number of children, eight to ten years of age, had been playing on Sand's property and the adjoining street after closing hours. The children found the ladder and also discovered that they could remove the plywood screen from the chute and slide down to the street below. Sand knew of this activity. One evening, the children were using the chute as a play device. As an automobile driven by Commuter approached the chute, Ladd, an eight-year-old boy, slid down just in front of the automobile. Commuter applied her brakes, but they suddenly failed, and she hit and injured Ladd. Commuter saw the child in time to have avoided hitting him if her brakes had worked properly. Two days previously, Commuter had taken her car to Garage to have her brakes inspected. Garage inspected the brakes and told her that the brakes were in perfect working order. Claims were asserted on behalf of Ladd by his proper legal representative against Sand, Commuter, and Garage."On Ladd's claim against Sand, will Ladd prevail?
0. Yes, if Sand could have effectively secured the chute at moderate cost.
1. Yes, because Sand is strictly liable for harm resulting from an artificial condition on its property.
2. No, if Commuter had the last clear chance to avoid the injury.
3. No, because Ladd was a trespasser
the rock around his hand with his pocket knife, but gave up the attempt after two days. next he tried to lift and move the boulder with a simple pulley system made with rope and gear, but that failed too. on the sixth day, which he did not expect to live to see upon falling asleep the night earlier, a dehydrated and delirious ralston had a vision of himself as a one - armed man playing with his future son. upon a subsequent fit of rage he discovered that he could bow his arm against the chockstone far enough to snap the radius and ulna bones. using the dull blade on his multi - use tool, he cut the soft tissue around the break. he then used the tool's pliers to tear at the tougher tendons. he was careful not to sever the arteries before attaching an improvised tourniquet. after he cut the main bundle of nerves, leading to agonizing pain, he cut through the last piece of skin and was free. in bad physical shape, and having lost more than a litre of blood, he managed to rappel 70 feet down and hike another 8 miles, when he ran into a dutch family who offered help and guided him to a rescue helicopter which happened to be nearby looking for ralston and took him to a hospital. his story was dramatized in the film 127 hours ( 2010 ). in 2003, an australian coal miner trapped three kilometres underground by an overturned tractor cut off his own arm with a box - cutting knife. the 44 - year - old man, who was not identified by police, was working late at the hunter valley mine when the tractor tipped over, crushing his arm and trapping him. = = mouth = = during 1992 - 1993 vendee globe, a solo race around the world, sailor bertrand de broc who had been hit full in the face by a rope, had to sew his tongue himself after a doctor telexed instructions on how to sew stitches into the wound. = = see also = = self - inflicted caesarean section self - medication = = references = = = = = citations = = = = = = sources = = = morton wa ( 1991 ). scrotum self - repair. med aspects human sexuality jul 1991 : 15. = = further reading = = michell j ( 1984 ). eccentric lives & peculiar notions isbn 0 - 15 - 127358 - 8. reprinted 2002. = = external links = = a reference to the morton article on the urban
and dangerous to pedestrians and vehicles. = = = corduroy ( beach ladder ) = = = a corduroy road or beach ladder ( or board and chain ) is an array of planks ( usually hardwood or treated timber ) laid close together and perpendicular to the direction of traffic flow, and secured at each end by a chain or cable to form a pathway or ramp over the sand dune. corduroys are cheap and easy to construct and quick to deploy or relocate. they are commonly used for pedestrian access paths and light duty vehicular access ways. they naturally conform to the shape of the underlying beach or dune profile, and adjust well to moderate erosion, especially longshore drift. however, they can cease to be an effective access surface if they become buried or undermined by erosion by surface runoff coming from the beach head. if the corduroy is not wide enough for vehicles using it, the sediment on either side may be displaced creating a spoon drain that accelerates surface runoff and can quickly lead to serious erosion. significant erosion of the sediment beside and under the corduroy can render it completely ineffective and make it dangerous to pedestrian users who may fall between the planks. = = = fabric ramp = = = fabric ramps are commonly employed by the military for temporary purposes where the underlying sediment is stable and hard enough to support the weight of the traffic. a sheet of porous fabric is laid over the sand to stabilize the surface and prevent vehicles from bogging. fabric ramps usually cease to be useful after one tidal cycle as they are easily washed away, or buried in sediment. = = = foliage ramp = = = a foliage ramp is formed by planting resilient species of hardy plants such as grasses over a well - formed sediment ramp. the plants may be supported while they become established by placement of layers of mesh, netting, or coarse organic material such as vines or branches. this type of ramp is ideally suited for intermittent use by vehicles with a low wheel loading such as dune buggies or agricultural vehicles with large tyres. a foliage ramp should require minimal maintenance if initially formed to follow the beach profile, and not overused. = = = gravel ramp = = = a gravel ramp is formed by excavating the underlying loose sediment and filling the excavation with layers of gravel of graduated sizes as defined by john loudon mcadam. the gravel is compacted to form a solid surface according to the needs of the traffic. gravel ramps are less expensive to construct than concrete ramps and are able to carry heavy road traffic provided the excavation is
therefore tree uprooting is one of the most common cause of floaters in woody settings. rock pieces are upraised as part of the root mass, which settle into uproot holes or on the ground at a higher altitude. the frost weathering process can maneuver rock pieces above the ground, in addition to animal and human excavation. rock debris can also be transported to a site and movie their way downward. transportation of floaters in the modern era mainly occurs due to mining, construction, and landscaping activities in general. rock creep can also move rock pieces that are formed by weathering of surface bedrock outcropping downslope. = = human use = = in prehistory, as far back as the paleolithic era, floaters would have been easily obtained and used by humans and early hominids as stone tools, due to their widespread nature through the soil profile. early humans used them to create a variety of equipment made of either ground stone or knapped stone, as the stone age was a period of widespread stone tool usage. throughout human history, people have transported stone for construction and for making hearths and fire bowls, at times with help of domesticated animals. in ancient egypt, easily worked, soft sedimentary rocks were quarried for construction as early as 4000 bce. in modern real estate, floaters may be expensive to remove, though this depends on their size. however, a building constructed on them could compromise the structure with time. = = gallery = = = = see also = = rock fragment stone run pebble blockfield rockfall scree = = references = =
system, be aware of the hot components around the engine. workers should wear personal protective equipment such as safety spectacles, heat - proof gloves and safety boots. when a feller buncher is elevated for service or maintenance, falls from height might happen. related injuries could be avoided by ensuring dryness of all the walking surface, wiping any oils or other liquid substances on the floor. also, ensure the feller buncher is parked on a level and stable ground during maintenance. when getting in and out of the machinery, workers are suggested to use three point of contact with two hands holding the handrails and one foot on a step. it is also important to provide sufficient lighting for all the working sites at all time of service. = = safety = = logging is considered one of the most dangerous occupations. this is because many loggers are injured by the falling objects which are large in size and heavy. β struck by object β is the most common injuries that reported in the logging industry due to the manual use of equipment during the logging procedures. there is evidence that using mechanized harvesting equipment could reduce the rate of β struck by β injuries. one study indicates that total injury claims could be reduced by 14. 2 %, while the β struck by β injuries could be reduced by 8. 2 %, when comparing the changes before and after the use of feller buncher. the significant decline in the number of β struck by β injuries after using the feller buncher in the logging companies supported the statement that using mechanized harvesting equipment could lessen overall injuries. the evidence also found that the rate of injuries in the logging companies without using feller bunchers had increased slightly throughout a period of time, increasing from 14. 5 % to 17. 5 %, in five years. in terms of trees fatality, areas with lower levels of mechanization in harvesting resulted in higher rate of trees fatality. for instance, in eastern areas of the united states, research which compared the conventional and mechanized logging operations, indicated the number of injuries, when using the conventional approach, is three times greater than that of using the mechanized equipment such as a feller buncher. however, mechanized related injury could be raised accordingly, especially when performing machine maintenance or repair. these kinds of injuries could be serious and also costly. = = limitations = = feller buncher could be highly productive and cost - effective but there are several limitations. feller buncher is less beneficial when performing operations on a very rough and relatively steep land. for example, in appalachian
government ) is also protected by state law. = = access design = = beach access is an important consideration where substantial numbers of pedestrians or vehicles require access to the beach. allowing random access across delicate foredunes is seldom considered good practice as it is likely to lead to destruction of flora and consequent erosion of the fore dunes. a well - designed beach access should : provide a durable surface able to withstand the traffic flow ; aesthetically complement the surrounding structures and natural landforms ; be located in an area that is convenient for users and consistent with safe traffic flows ; be scaled to match the traffic flow ( i. e. wide and strong enough to safely carry the size and quantity of pedestrians and vehicles intended to use it ) ; be maintained appropriately ; and be signed and lit to discourage beach users from creating their own alternative crossings that may be more destructive to the beachhead. = = = concrete ramp or steps = = = a concrete ramp should follow the natural profile of the beach to prevent it from changing the normal flow of waves, longshore currents, water and wind. a ramp that is below the beach profile will tend to become buried and cease to provide a good surface for vehicular traffic. a ramp or stair that protrudes above the beach profile will tend to disrupt longshore currents creating deposits in front of the ramp, and scouring behind. concrete ramps are the most expensive vehicular beach accesses to construct requiring use of a quick - drying concrete or a cofferdam to protect them from tidal water during the concrete curing process. concrete is favored where traffic flows are heavy and access is required by vehicles that are not adapted to soft sand ( e. g. road registered passenger vehicles and boat trailers ). concrete stairs are commonly favored on beaches adjacent to population centers where beach users may arrive on the beach in street shoes, or where the foreshore roadway is substantially higher than the beach head and a ramp would be too steep for safe use by pedestrians. a composite stair ramp may incorporate a central or side stair with one or more ramps allowing pedestrians to lead buggies or small boat dollies onto the beach without the aid of a powered vehicle or winch. concrete ramps and steps should be maintained to prevent a buildup of moss or algae that may make their wet surfaces slippery and dangerous to pedestrians and vehicles. = = = corduroy ( beach ladder ) = = = a corduroy road or beach ladder ( or board and chain ) is an array of planks ( usually hardwood or treated timber ) laid close together
Answer:
|
Yes, if Sand could have effectively secured the chute at moderate cost.
| null |
Sand Company operated an installation for distributing sand and gravel. The installation was adjacent to a residential area. On Sand's grounds there was a chute with polished metal sides for loading sand and gravel into trucks. The trucks being loaded stopped on the public street below the chute. After closing hours, a plywood screen was placed in the chute and the ladder used for inspection was removed to another section of the installation. For several months, however, a number of children, eight to ten years of age, had been playing on Sand's property and the adjoining street after closing hours. The children found the ladder and also discovered that they could remove the plywood screen from the chute and slide down to the street below. Sand knew of this activity. One evening, the children were using the chute as a play device. As an automobile driven by Commuter approached the chute, Ladd, an eight-year-old boy, slid down just in front of the automobile. Commuter applied her brakes, but they suddenly failed, and she hit and injured Ladd. Commuter saw the child in time to have avoided hitting him if her brakes had worked properly. Two days previously, Commuter had taken her car to Garage to have her brakes inspected. Garage inspected the brakes and told her that the brakes were in perfect working order. Claims were asserted on behalf of Ladd by his proper legal representative against Sand, Commuter, and Garage."On Ladd's claim against Sand, will Ladd prevail?
0. Yes, if Sand could have effectively secured the chute at moderate cost.
1. Yes, because Sand is strictly liable for harm resulting from an artificial condition on its property.
2. No, if Commuter had the last clear chance to avoid the injury.
3. No, because Ladd was a trespasser
the rock around his hand with his pocket knife, but gave up the attempt after two days. next he tried to lift and move the boulder with a simple pulley system made with rope and gear, but that failed too. on the sixth day, which he did not expect to live to see upon falling asleep the night earlier, a dehydrated and delirious ralston had a vision of himself as a one - armed man playing with his future son. upon a subsequent fit of rage he discovered that he could bow his arm against the chockstone far enough to snap the radius and ulna bones. using the dull blade on his multi - use tool, he cut the soft tissue around the break. he then used the tool's pliers to tear at the tougher tendons. he was careful not to sever the arteries before attaching an improvised tourniquet. after he cut the main bundle of nerves, leading to agonizing pain, he cut through the last piece of skin and was free. in bad physical shape, and having lost more than a litre of blood, he managed to rappel 70 feet down and hike another 8 miles, when he ran into a dutch family who offered help and guided him to a rescue helicopter which happened to be nearby looking for ralston and took him to a hospital. his story was dramatized in the film 127 hours ( 2010 ). in 2003, an australian coal miner trapped three kilometres underground by an overturned tractor cut off his own arm with a box - cutting knife. the 44 - year - old man, who was not identified by police, was working late at the hunter valley mine when the tractor tipped over, crushing his arm and trapping him. = = mouth = = during 1992 - 1993 vendee globe, a solo race around the world, sailor bertrand de broc who had been hit full in the face by a rope, had to sew his tongue himself after a doctor telexed instructions on how to sew stitches into the wound. = = see also = = self - inflicted caesarean section self - medication = = references = = = = = citations = = = = = = sources = = = morton wa ( 1991 ). scrotum self - repair. med aspects human sexuality jul 1991 : 15. = = further reading = = michell j ( 1984 ). eccentric lives & peculiar notions isbn 0 - 15 - 127358 - 8. reprinted 2002. = = external links = = a reference to the morton article on the urban
and dangerous to pedestrians and vehicles. = = = corduroy ( beach ladder ) = = = a corduroy road or beach ladder ( or board and chain ) is an array of planks ( usually hardwood or treated timber ) laid close together and perpendicular to the direction of traffic flow, and secured at each end by a chain or cable to form a pathway or ramp over the sand dune. corduroys are cheap and easy to construct and quick to deploy or relocate. they are commonly used for pedestrian access paths and light duty vehicular access ways. they naturally conform to the shape of the underlying beach or dune profile, and adjust well to moderate erosion, especially longshore drift. however, they can cease to be an effective access surface if they become buried or undermined by erosion by surface runoff coming from the beach head. if the corduroy is not wide enough for vehicles using it, the sediment on either side may be displaced creating a spoon drain that accelerates surface runoff and can quickly lead to serious erosion. significant erosion of the sediment beside and under the corduroy can render it completely ineffective and make it dangerous to pedestrian users who may fall between the planks. = = = fabric ramp = = = fabric ramps are commonly employed by the military for temporary purposes where the underlying sediment is stable and hard enough to support the weight of the traffic. a sheet of porous fabric is laid over the sand to stabilize the surface and prevent vehicles from bogging. fabric ramps usually cease to be useful after one tidal cycle as they are easily washed away, or buried in sediment. = = = foliage ramp = = = a foliage ramp is formed by planting resilient species of hardy plants such as grasses over a well - formed sediment ramp. the plants may be supported while they become established by placement of layers of mesh, netting, or coarse organic material such as vines or branches. this type of ramp is ideally suited for intermittent use by vehicles with a low wheel loading such as dune buggies or agricultural vehicles with large tyres. a foliage ramp should require minimal maintenance if initially formed to follow the beach profile, and not overused. = = = gravel ramp = = = a gravel ramp is formed by excavating the underlying loose sediment and filling the excavation with layers of gravel of graduated sizes as defined by john loudon mcadam. the gravel is compacted to form a solid surface according to the needs of the traffic. gravel ramps are less expensive to construct than concrete ramps and are able to carry heavy road traffic provided the excavation is
therefore tree uprooting is one of the most common cause of floaters in woody settings. rock pieces are upraised as part of the root mass, which settle into uproot holes or on the ground at a higher altitude. the frost weathering process can maneuver rock pieces above the ground, in addition to animal and human excavation. rock debris can also be transported to a site and movie their way downward. transportation of floaters in the modern era mainly occurs due to mining, construction, and landscaping activities in general. rock creep can also move rock pieces that are formed by weathering of surface bedrock outcropping downslope. = = human use = = in prehistory, as far back as the paleolithic era, floaters would have been easily obtained and used by humans and early hominids as stone tools, due to their widespread nature through the soil profile. early humans used them to create a variety of equipment made of either ground stone or knapped stone, as the stone age was a period of widespread stone tool usage. throughout human history, people have transported stone for construction and for making hearths and fire bowls, at times with help of domesticated animals. in ancient egypt, easily worked, soft sedimentary rocks were quarried for construction as early as 4000 bce. in modern real estate, floaters may be expensive to remove, though this depends on their size. however, a building constructed on them could compromise the structure with time. = = gallery = = = = see also = = rock fragment stone run pebble blockfield rockfall scree = = references = =
system, be aware of the hot components around the engine. workers should wear personal protective equipment such as safety spectacles, heat - proof gloves and safety boots. when a feller buncher is elevated for service or maintenance, falls from height might happen. related injuries could be avoided by ensuring dryness of all the walking surface, wiping any oils or other liquid substances on the floor. also, ensure the feller buncher is parked on a level and stable ground during maintenance. when getting in and out of the machinery, workers are suggested to use three point of contact with two hands holding the handrails and one foot on a step. it is also important to provide sufficient lighting for all the working sites at all time of service. = = safety = = logging is considered one of the most dangerous occupations. this is because many loggers are injured by the falling objects which are large in size and heavy. β struck by object β is the most common injuries that reported in the logging industry due to the manual use of equipment during the logging procedures. there is evidence that using mechanized harvesting equipment could reduce the rate of β struck by β injuries. one study indicates that total injury claims could be reduced by 14. 2 %, while the β struck by β injuries could be reduced by 8. 2 %, when comparing the changes before and after the use of feller buncher. the significant decline in the number of β struck by β injuries after using the feller buncher in the logging companies supported the statement that using mechanized harvesting equipment could lessen overall injuries. the evidence also found that the rate of injuries in the logging companies without using feller bunchers had increased slightly throughout a period of time, increasing from 14. 5 % to 17. 5 %, in five years. in terms of trees fatality, areas with lower levels of mechanization in harvesting resulted in higher rate of trees fatality. for instance, in eastern areas of the united states, research which compared the conventional and mechanized logging operations, indicated the number of injuries, when using the conventional approach, is three times greater than that of using the mechanized equipment such as a feller buncher. however, mechanized related injury could be raised accordingly, especially when performing machine maintenance or repair. these kinds of injuries could be serious and also costly. = = limitations = = feller buncher could be highly productive and cost - effective but there are several limitations. feller buncher is less beneficial when performing operations on a very rough and relatively steep land. for example, in appalachian
government ) is also protected by state law. = = access design = = beach access is an important consideration where substantial numbers of pedestrians or vehicles require access to the beach. allowing random access across delicate foredunes is seldom considered good practice as it is likely to lead to destruction of flora and consequent erosion of the fore dunes. a well - designed beach access should : provide a durable surface able to withstand the traffic flow ; aesthetically complement the surrounding structures and natural landforms ; be located in an area that is convenient for users and consistent with safe traffic flows ; be scaled to match the traffic flow ( i. e. wide and strong enough to safely carry the size and quantity of pedestrians and vehicles intended to use it ) ; be maintained appropriately ; and be signed and lit to discourage beach users from creating their own alternative crossings that may be more destructive to the beachhead. = = = concrete ramp or steps = = = a concrete ramp should follow the natural profile of the beach to prevent it from changing the normal flow of waves, longshore currents, water and wind. a ramp that is below the beach profile will tend to become buried and cease to provide a good surface for vehicular traffic. a ramp or stair that protrudes above the beach profile will tend to disrupt longshore currents creating deposits in front of the ramp, and scouring behind. concrete ramps are the most expensive vehicular beach accesses to construct requiring use of a quick - drying concrete or a cofferdam to protect them from tidal water during the concrete curing process. concrete is favored where traffic flows are heavy and access is required by vehicles that are not adapted to soft sand ( e. g. road registered passenger vehicles and boat trailers ). concrete stairs are commonly favored on beaches adjacent to population centers where beach users may arrive on the beach in street shoes, or where the foreshore roadway is substantially higher than the beach head and a ramp would be too steep for safe use by pedestrians. a composite stair ramp may incorporate a central or side stair with one or more ramps allowing pedestrians to lead buggies or small boat dollies onto the beach without the aid of a powered vehicle or winch. concrete ramps and steps should be maintained to prevent a buildup of moss or algae that may make their wet surfaces slippery and dangerous to pedestrians and vehicles. = = = corduroy ( beach ladder ) = = = a corduroy road or beach ladder ( or board and chain ) is an array of planks ( usually hardwood or treated timber ) laid close together
Answer:
|
No, if Commuter had the last clear chance to avoid the injury.
| 0.3 |
Sand Company operated an installation for distributing sand and gravel. The installation was adjacent to a residential area. On Sand's grounds there was a chute with polished metal sides for loading sand and gravel into trucks. The trucks being loaded stopped on the public street below the chute. After closing hours, a plywood screen was placed in the chute and the ladder used for inspection was removed to another section of the installation. For several months, however, a number of children, eight to ten years of age, had been playing on Sand's property and the adjoining street after closing hours. The children found the ladder and also discovered that they could remove the plywood screen from the chute and slide down to the street below. Sand knew of this activity. One evening, the children were using the chute as a play device. As an automobile driven by Commuter approached the chute, Ladd, an eight-year-old boy, slid down just in front of the automobile. Commuter applied her brakes, but they suddenly failed, and she hit and injured Ladd. Commuter saw the child in time to have avoided hitting him if her brakes had worked properly. Two days previously, Commuter had taken her car to Garage to have her brakes inspected. Garage inspected the brakes and told her that the brakes were in perfect working order. Claims were asserted on behalf of Ladd by his proper legal representative against Sand, Commuter, and Garage."On Ladd's claim against Commuter, Commuter's best defense is that
0. her conduct was not the cause in fact of the harm.
1. she used reasonable care in the maintenance of her brakes.
2. she could not reasonably foresee Ladd's presence in the street.
3. she did not act willfully and wantonl
the rock around his hand with his pocket knife, but gave up the attempt after two days. next he tried to lift and move the boulder with a simple pulley system made with rope and gear, but that failed too. on the sixth day, which he did not expect to live to see upon falling asleep the night earlier, a dehydrated and delirious ralston had a vision of himself as a one - armed man playing with his future son. upon a subsequent fit of rage he discovered that he could bow his arm against the chockstone far enough to snap the radius and ulna bones. using the dull blade on his multi - use tool, he cut the soft tissue around the break. he then used the tool's pliers to tear at the tougher tendons. he was careful not to sever the arteries before attaching an improvised tourniquet. after he cut the main bundle of nerves, leading to agonizing pain, he cut through the last piece of skin and was free. in bad physical shape, and having lost more than a litre of blood, he managed to rappel 70 feet down and hike another 8 miles, when he ran into a dutch family who offered help and guided him to a rescue helicopter which happened to be nearby looking for ralston and took him to a hospital. his story was dramatized in the film 127 hours ( 2010 ). in 2003, an australian coal miner trapped three kilometres underground by an overturned tractor cut off his own arm with a box - cutting knife. the 44 - year - old man, who was not identified by police, was working late at the hunter valley mine when the tractor tipped over, crushing his arm and trapping him. = = mouth = = during 1992 - 1993 vendee globe, a solo race around the world, sailor bertrand de broc who had been hit full in the face by a rope, had to sew his tongue himself after a doctor telexed instructions on how to sew stitches into the wound. = = see also = = self - inflicted caesarean section self - medication = = references = = = = = citations = = = = = = sources = = = morton wa ( 1991 ). scrotum self - repair. med aspects human sexuality jul 1991 : 15. = = further reading = = michell j ( 1984 ). eccentric lives & peculiar notions isbn 0 - 15 - 127358 - 8. reprinted 2002. = = external links = = a reference to the morton article on the urban
and dangerous to pedestrians and vehicles. = = = corduroy ( beach ladder ) = = = a corduroy road or beach ladder ( or board and chain ) is an array of planks ( usually hardwood or treated timber ) laid close together and perpendicular to the direction of traffic flow, and secured at each end by a chain or cable to form a pathway or ramp over the sand dune. corduroys are cheap and easy to construct and quick to deploy or relocate. they are commonly used for pedestrian access paths and light duty vehicular access ways. they naturally conform to the shape of the underlying beach or dune profile, and adjust well to moderate erosion, especially longshore drift. however, they can cease to be an effective access surface if they become buried or undermined by erosion by surface runoff coming from the beach head. if the corduroy is not wide enough for vehicles using it, the sediment on either side may be displaced creating a spoon drain that accelerates surface runoff and can quickly lead to serious erosion. significant erosion of the sediment beside and under the corduroy can render it completely ineffective and make it dangerous to pedestrian users who may fall between the planks. = = = fabric ramp = = = fabric ramps are commonly employed by the military for temporary purposes where the underlying sediment is stable and hard enough to support the weight of the traffic. a sheet of porous fabric is laid over the sand to stabilize the surface and prevent vehicles from bogging. fabric ramps usually cease to be useful after one tidal cycle as they are easily washed away, or buried in sediment. = = = foliage ramp = = = a foliage ramp is formed by planting resilient species of hardy plants such as grasses over a well - formed sediment ramp. the plants may be supported while they become established by placement of layers of mesh, netting, or coarse organic material such as vines or branches. this type of ramp is ideally suited for intermittent use by vehicles with a low wheel loading such as dune buggies or agricultural vehicles with large tyres. a foliage ramp should require minimal maintenance if initially formed to follow the beach profile, and not overused. = = = gravel ramp = = = a gravel ramp is formed by excavating the underlying loose sediment and filling the excavation with layers of gravel of graduated sizes as defined by john loudon mcadam. the gravel is compacted to form a solid surface according to the needs of the traffic. gravel ramps are less expensive to construct than concrete ramps and are able to carry heavy road traffic provided the excavation is
therefore tree uprooting is one of the most common cause of floaters in woody settings. rock pieces are upraised as part of the root mass, which settle into uproot holes or on the ground at a higher altitude. the frost weathering process can maneuver rock pieces above the ground, in addition to animal and human excavation. rock debris can also be transported to a site and movie their way downward. transportation of floaters in the modern era mainly occurs due to mining, construction, and landscaping activities in general. rock creep can also move rock pieces that are formed by weathering of surface bedrock outcropping downslope. = = human use = = in prehistory, as far back as the paleolithic era, floaters would have been easily obtained and used by humans and early hominids as stone tools, due to their widespread nature through the soil profile. early humans used them to create a variety of equipment made of either ground stone or knapped stone, as the stone age was a period of widespread stone tool usage. throughout human history, people have transported stone for construction and for making hearths and fire bowls, at times with help of domesticated animals. in ancient egypt, easily worked, soft sedimentary rocks were quarried for construction as early as 4000 bce. in modern real estate, floaters may be expensive to remove, though this depends on their size. however, a building constructed on them could compromise the structure with time. = = gallery = = = = see also = = rock fragment stone run pebble blockfield rockfall scree = = references = =
system, be aware of the hot components around the engine. workers should wear personal protective equipment such as safety spectacles, heat - proof gloves and safety boots. when a feller buncher is elevated for service or maintenance, falls from height might happen. related injuries could be avoided by ensuring dryness of all the walking surface, wiping any oils or other liquid substances on the floor. also, ensure the feller buncher is parked on a level and stable ground during maintenance. when getting in and out of the machinery, workers are suggested to use three point of contact with two hands holding the handrails and one foot on a step. it is also important to provide sufficient lighting for all the working sites at all time of service. = = safety = = logging is considered one of the most dangerous occupations. this is because many loggers are injured by the falling objects which are large in size and heavy. β struck by object β is the most common injuries that reported in the logging industry due to the manual use of equipment during the logging procedures. there is evidence that using mechanized harvesting equipment could reduce the rate of β struck by β injuries. one study indicates that total injury claims could be reduced by 14. 2 %, while the β struck by β injuries could be reduced by 8. 2 %, when comparing the changes before and after the use of feller buncher. the significant decline in the number of β struck by β injuries after using the feller buncher in the logging companies supported the statement that using mechanized harvesting equipment could lessen overall injuries. the evidence also found that the rate of injuries in the logging companies without using feller bunchers had increased slightly throughout a period of time, increasing from 14. 5 % to 17. 5 %, in five years. in terms of trees fatality, areas with lower levels of mechanization in harvesting resulted in higher rate of trees fatality. for instance, in eastern areas of the united states, research which compared the conventional and mechanized logging operations, indicated the number of injuries, when using the conventional approach, is three times greater than that of using the mechanized equipment such as a feller buncher. however, mechanized related injury could be raised accordingly, especially when performing machine maintenance or repair. these kinds of injuries could be serious and also costly. = = limitations = = feller buncher could be highly productive and cost - effective but there are several limitations. feller buncher is less beneficial when performing operations on a very rough and relatively steep land. for example, in appalachian
government ) is also protected by state law. = = access design = = beach access is an important consideration where substantial numbers of pedestrians or vehicles require access to the beach. allowing random access across delicate foredunes is seldom considered good practice as it is likely to lead to destruction of flora and consequent erosion of the fore dunes. a well - designed beach access should : provide a durable surface able to withstand the traffic flow ; aesthetically complement the surrounding structures and natural landforms ; be located in an area that is convenient for users and consistent with safe traffic flows ; be scaled to match the traffic flow ( i. e. wide and strong enough to safely carry the size and quantity of pedestrians and vehicles intended to use it ) ; be maintained appropriately ; and be signed and lit to discourage beach users from creating their own alternative crossings that may be more destructive to the beachhead. = = = concrete ramp or steps = = = a concrete ramp should follow the natural profile of the beach to prevent it from changing the normal flow of waves, longshore currents, water and wind. a ramp that is below the beach profile will tend to become buried and cease to provide a good surface for vehicular traffic. a ramp or stair that protrudes above the beach profile will tend to disrupt longshore currents creating deposits in front of the ramp, and scouring behind. concrete ramps are the most expensive vehicular beach accesses to construct requiring use of a quick - drying concrete or a cofferdam to protect them from tidal water during the concrete curing process. concrete is favored where traffic flows are heavy and access is required by vehicles that are not adapted to soft sand ( e. g. road registered passenger vehicles and boat trailers ). concrete stairs are commonly favored on beaches adjacent to population centers where beach users may arrive on the beach in street shoes, or where the foreshore roadway is substantially higher than the beach head and a ramp would be too steep for safe use by pedestrians. a composite stair ramp may incorporate a central or side stair with one or more ramps allowing pedestrians to lead buggies or small boat dollies onto the beach without the aid of a powered vehicle or winch. concrete ramps and steps should be maintained to prevent a buildup of moss or algae that may make their wet surfaces slippery and dangerous to pedestrians and vehicles. = = = corduroy ( beach ladder ) = = = a corduroy road or beach ladder ( or board and chain ) is an array of planks ( usually hardwood or treated timber ) laid close together
Answer:
|
she used reasonable care in the maintenance of her brakes.
| null |
Sand Company operated an installation for distributing sand and gravel. The installation was adjacent to a residential area. On Sand's grounds there was a chute with polished metal sides for loading sand and gravel into trucks. The trucks being loaded stopped on the public street below the chute. After closing hours, a plywood screen was placed in the chute and the ladder used for inspection was removed to another section of the installation. For several months, however, a number of children, eight to ten years of age, had been playing on Sand's property and the adjoining street after closing hours. The children found the ladder and also discovered that they could remove the plywood screen from the chute and slide down to the street below. Sand knew of this activity. One evening, the children were using the chute as a play device. As an automobile driven by Commuter approached the chute, Ladd, an eight-year-old boy, slid down just in front of the automobile. Commuter applied her brakes, but they suddenly failed, and she hit and injured Ladd. Commuter saw the child in time to have avoided hitting him if her brakes had worked properly. Two days previously, Commuter had taken her car to Garage to have her brakes inspected. Garage inspected the brakes and told her that the brakes were in perfect working order. Claims were asserted on behalf of Ladd by his proper legal representative against Sand, Commuter, and Garage."On Ladd's claim against Commuter, Commuter's best defense is that
0. her conduct was not the cause in fact of the harm.
1. she used reasonable care in the maintenance of her brakes.
2. she could not reasonably foresee Ladd's presence in the street.
3. she did not act willfully and wantonl
the rock around his hand with his pocket knife, but gave up the attempt after two days. next he tried to lift and move the boulder with a simple pulley system made with rope and gear, but that failed too. on the sixth day, which he did not expect to live to see upon falling asleep the night earlier, a dehydrated and delirious ralston had a vision of himself as a one - armed man playing with his future son. upon a subsequent fit of rage he discovered that he could bow his arm against the chockstone far enough to snap the radius and ulna bones. using the dull blade on his multi - use tool, he cut the soft tissue around the break. he then used the tool's pliers to tear at the tougher tendons. he was careful not to sever the arteries before attaching an improvised tourniquet. after he cut the main bundle of nerves, leading to agonizing pain, he cut through the last piece of skin and was free. in bad physical shape, and having lost more than a litre of blood, he managed to rappel 70 feet down and hike another 8 miles, when he ran into a dutch family who offered help and guided him to a rescue helicopter which happened to be nearby looking for ralston and took him to a hospital. his story was dramatized in the film 127 hours ( 2010 ). in 2003, an australian coal miner trapped three kilometres underground by an overturned tractor cut off his own arm with a box - cutting knife. the 44 - year - old man, who was not identified by police, was working late at the hunter valley mine when the tractor tipped over, crushing his arm and trapping him. = = mouth = = during 1992 - 1993 vendee globe, a solo race around the world, sailor bertrand de broc who had been hit full in the face by a rope, had to sew his tongue himself after a doctor telexed instructions on how to sew stitches into the wound. = = see also = = self - inflicted caesarean section self - medication = = references = = = = = citations = = = = = = sources = = = morton wa ( 1991 ). scrotum self - repair. med aspects human sexuality jul 1991 : 15. = = further reading = = michell j ( 1984 ). eccentric lives & peculiar notions isbn 0 - 15 - 127358 - 8. reprinted 2002. = = external links = = a reference to the morton article on the urban
and dangerous to pedestrians and vehicles. = = = corduroy ( beach ladder ) = = = a corduroy road or beach ladder ( or board and chain ) is an array of planks ( usually hardwood or treated timber ) laid close together and perpendicular to the direction of traffic flow, and secured at each end by a chain or cable to form a pathway or ramp over the sand dune. corduroys are cheap and easy to construct and quick to deploy or relocate. they are commonly used for pedestrian access paths and light duty vehicular access ways. they naturally conform to the shape of the underlying beach or dune profile, and adjust well to moderate erosion, especially longshore drift. however, they can cease to be an effective access surface if they become buried or undermined by erosion by surface runoff coming from the beach head. if the corduroy is not wide enough for vehicles using it, the sediment on either side may be displaced creating a spoon drain that accelerates surface runoff and can quickly lead to serious erosion. significant erosion of the sediment beside and under the corduroy can render it completely ineffective and make it dangerous to pedestrian users who may fall between the planks. = = = fabric ramp = = = fabric ramps are commonly employed by the military for temporary purposes where the underlying sediment is stable and hard enough to support the weight of the traffic. a sheet of porous fabric is laid over the sand to stabilize the surface and prevent vehicles from bogging. fabric ramps usually cease to be useful after one tidal cycle as they are easily washed away, or buried in sediment. = = = foliage ramp = = = a foliage ramp is formed by planting resilient species of hardy plants such as grasses over a well - formed sediment ramp. the plants may be supported while they become established by placement of layers of mesh, netting, or coarse organic material such as vines or branches. this type of ramp is ideally suited for intermittent use by vehicles with a low wheel loading such as dune buggies or agricultural vehicles with large tyres. a foliage ramp should require minimal maintenance if initially formed to follow the beach profile, and not overused. = = = gravel ramp = = = a gravel ramp is formed by excavating the underlying loose sediment and filling the excavation with layers of gravel of graduated sizes as defined by john loudon mcadam. the gravel is compacted to form a solid surface according to the needs of the traffic. gravel ramps are less expensive to construct than concrete ramps and are able to carry heavy road traffic provided the excavation is
therefore tree uprooting is one of the most common cause of floaters in woody settings. rock pieces are upraised as part of the root mass, which settle into uproot holes or on the ground at a higher altitude. the frost weathering process can maneuver rock pieces above the ground, in addition to animal and human excavation. rock debris can also be transported to a site and movie their way downward. transportation of floaters in the modern era mainly occurs due to mining, construction, and landscaping activities in general. rock creep can also move rock pieces that are formed by weathering of surface bedrock outcropping downslope. = = human use = = in prehistory, as far back as the paleolithic era, floaters would have been easily obtained and used by humans and early hominids as stone tools, due to their widespread nature through the soil profile. early humans used them to create a variety of equipment made of either ground stone or knapped stone, as the stone age was a period of widespread stone tool usage. throughout human history, people have transported stone for construction and for making hearths and fire bowls, at times with help of domesticated animals. in ancient egypt, easily worked, soft sedimentary rocks were quarried for construction as early as 4000 bce. in modern real estate, floaters may be expensive to remove, though this depends on their size. however, a building constructed on them could compromise the structure with time. = = gallery = = = = see also = = rock fragment stone run pebble blockfield rockfall scree = = references = =
system, be aware of the hot components around the engine. workers should wear personal protective equipment such as safety spectacles, heat - proof gloves and safety boots. when a feller buncher is elevated for service or maintenance, falls from height might happen. related injuries could be avoided by ensuring dryness of all the walking surface, wiping any oils or other liquid substances on the floor. also, ensure the feller buncher is parked on a level and stable ground during maintenance. when getting in and out of the machinery, workers are suggested to use three point of contact with two hands holding the handrails and one foot on a step. it is also important to provide sufficient lighting for all the working sites at all time of service. = = safety = = logging is considered one of the most dangerous occupations. this is because many loggers are injured by the falling objects which are large in size and heavy. β struck by object β is the most common injuries that reported in the logging industry due to the manual use of equipment during the logging procedures. there is evidence that using mechanized harvesting equipment could reduce the rate of β struck by β injuries. one study indicates that total injury claims could be reduced by 14. 2 %, while the β struck by β injuries could be reduced by 8. 2 %, when comparing the changes before and after the use of feller buncher. the significant decline in the number of β struck by β injuries after using the feller buncher in the logging companies supported the statement that using mechanized harvesting equipment could lessen overall injuries. the evidence also found that the rate of injuries in the logging companies without using feller bunchers had increased slightly throughout a period of time, increasing from 14. 5 % to 17. 5 %, in five years. in terms of trees fatality, areas with lower levels of mechanization in harvesting resulted in higher rate of trees fatality. for instance, in eastern areas of the united states, research which compared the conventional and mechanized logging operations, indicated the number of injuries, when using the conventional approach, is three times greater than that of using the mechanized equipment such as a feller buncher. however, mechanized related injury could be raised accordingly, especially when performing machine maintenance or repair. these kinds of injuries could be serious and also costly. = = limitations = = feller buncher could be highly productive and cost - effective but there are several limitations. feller buncher is less beneficial when performing operations on a very rough and relatively steep land. for example, in appalachian
government ) is also protected by state law. = = access design = = beach access is an important consideration where substantial numbers of pedestrians or vehicles require access to the beach. allowing random access across delicate foredunes is seldom considered good practice as it is likely to lead to destruction of flora and consequent erosion of the fore dunes. a well - designed beach access should : provide a durable surface able to withstand the traffic flow ; aesthetically complement the surrounding structures and natural landforms ; be located in an area that is convenient for users and consistent with safe traffic flows ; be scaled to match the traffic flow ( i. e. wide and strong enough to safely carry the size and quantity of pedestrians and vehicles intended to use it ) ; be maintained appropriately ; and be signed and lit to discourage beach users from creating their own alternative crossings that may be more destructive to the beachhead. = = = concrete ramp or steps = = = a concrete ramp should follow the natural profile of the beach to prevent it from changing the normal flow of waves, longshore currents, water and wind. a ramp that is below the beach profile will tend to become buried and cease to provide a good surface for vehicular traffic. a ramp or stair that protrudes above the beach profile will tend to disrupt longshore currents creating deposits in front of the ramp, and scouring behind. concrete ramps are the most expensive vehicular beach accesses to construct requiring use of a quick - drying concrete or a cofferdam to protect them from tidal water during the concrete curing process. concrete is favored where traffic flows are heavy and access is required by vehicles that are not adapted to soft sand ( e. g. road registered passenger vehicles and boat trailers ). concrete stairs are commonly favored on beaches adjacent to population centers where beach users may arrive on the beach in street shoes, or where the foreshore roadway is substantially higher than the beach head and a ramp would be too steep for safe use by pedestrians. a composite stair ramp may incorporate a central or side stair with one or more ramps allowing pedestrians to lead buggies or small boat dollies onto the beach without the aid of a powered vehicle or winch. concrete ramps and steps should be maintained to prevent a buildup of moss or algae that may make their wet surfaces slippery and dangerous to pedestrians and vehicles. = = = corduroy ( beach ladder ) = = = a corduroy road or beach ladder ( or board and chain ) is an array of planks ( usually hardwood or treated timber ) laid close together
Answer:
|
her conduct was not the cause in fact of the harm.
| 0.3 |
Driving down a dark road, Defendant accidentally ran over a man. Defendant stopped and found that the victim was dead. Defendant, fearing that he might be held responsible, took the victim's wallet, which contained a substantial amount of money. He removed the identification papers and put the wallet and money back into the victim's pocket. Defendant is not guilty of
0. larceny, because he took the papers only to prevent identification and not for his own use.
1. larceny, because he did not take anything from a living victim.
2. robbery, because he did not take the papers by means of force or putting in fear.
3. robbery, because he did not take anything of monetary valu
a victimless crime is an illegal act that typically either directly involves only the perpetrator or occurs between consenting adults. because it is consensual in nature, whether there involves a victim is a matter of debate. definitions of victimless crimes vary in different parts of the world and different law systems, but usually include possession of any illegal contraband, recreational drug use, prostitution and prohibited sexual behavior between consenting adults, assisted suicide, and smuggling among other similar infractions. in politics, a lobbyist or an activist might use the term victimless crime with the implication that the law in question should be abolished. victimless crimes are, in the harm principle of john stuart mill, " victimless " from a position that considers the individual as the sole sovereign, to the exclusion of more abstract bodies such as a community or a state against which criminal offenses may be directed. they may be considered offenses against the state rather than society. = = definition = = according to the university of chicago's vice scholar, jim leitzel, three characteristics can be used to identify whether a crime is a victimless crime : if the act is excessive, is indicative of a distinct pattern of behavior, and its adverse effects impact only the person who has engaged in it. in theory, each polity determines its own laws so as to maximize the happiness of its citizens. but as knowledge, behavior and values change, laws in most countries lag greatly behind these social changes. once a majority believes that the law is unnecessary, this law prohibits a victimless crime, until it is repealed. = = examples = = many victimless crimes begin because of a desire to obtain illegal products or services that are in high demand. criminal penalties thus tend to limit the supply more than the demand, driving up the black - market price and creating monopoly profits for those criminals who remain in business. this " crime tariff " encourages the growth of sophisticated and well - organized criminal groups. organized crime in turn tends to diversify into other areas of crime. large profits provide ample funds for bribery of public officials, as well as capital for diversification. the war on drugs is a commonly cited example of prosecution of victimless crime. the reasoning behind this is that drug use does not directly harm other people. one argument is that the criminalization of drugs leads to highly inflated prices for drugs. for example, bedau and schur found in 1974 that " in england the pharmacy cost of heroin [ was ] 0. 06 cents per grain. in the united states
a normal individual into an impulsive and emotionally labile criminal. the defense team had his client's brain scanned, which revealed malfunctioning of the prefrontal cortex. at the end the jury believed that bustamante's brain was not normal and spared him from the death penalty. = = = donta page = = = in 1999, page robbed, raped and killed a female student in denver. he later was found guilty of first - degree murder and was a candidate for the death penalty. professor a. raine from the university of pennsylvania was an expert witness for defense and brought page into a laboratory to assess his brain function. brain imaging scans revealed a distinct lack of activation in the ventral prefrontal cortex. professor raine argued for a deep - rooted biological explanation for mr. page's violence, who escaped death penalty partly on the basis of his brain pathology. = = crime prevention = = even though currently there are no preventive programs in place utilizing the recent discoveries in neurocriminology, there are a number of offender rehabilitation programs ( cognitive centre of canada ). = = = decisions based on brain imaging = = = some scientists propose using brain imaging to help decide which soon - to - be - released offenders are at greater risk for reoffending. the brain imaging data would be used along with common factors like age, prior arrests, and marital status. to support this idea, in a 2013 study, professor kent kiehl from the university of new mexico studying the population of 96 male offenders in the state's prisons found that offenders with low activity in the anterior cingulate cortex where twice as likely to commit an offense in the four years after their release as those who had high activity in this region. similarly, dustin pardini conducted that which shows that men with a smaller amygdala are three times more likely to commit violence three years after their release. = = = neurochemistry = = = trials demonstrated the efficacy of a number of medications, i. e. stimulants antipsychotics, antidepressants and mood stabilizers, in diminishing aggression in adolescents and children. even a simple omega - 3 supplements in the diets of young offenders reduces offending and aggression. however, drug treatment is subject to vary based on biological and environmental influences. variation in genes predisposes differences in biological systems and brain structure and function within individuals, influencing outcomes. = = = meditation = = = meditation can also affect brains, and even change
third of arrests made in the usa were for drug abuse, drunk driving, and other'moral'crimes. while incarceration rates are decreasing in the us, overcriminalized areas continue to make up a substantial portion of arrests. overcriminalization can also exacerbate other existing problems within a penal system, with overcrowding reducing access to already limited prison resources such as education or mental health services. the concept is fairly well recognized as an issue in the u. s., with stephen smith writing : " few issues have received more sustained attention from criminal law scholars over the last half - century than overcriminalization " and that " from all across the political spectrum, there is wide consensus that overcriminalization is a serious problem. " much has yet to be done in response to the issue revolving around overcriminalization. given that the criminal justice system is also considerably overworked as is, this plays into the lack of effort put towards tackling overcriminalized behavior and its corresponding individual. however, authors such as ellen podgor argue that if more focus is put on preventing overcriminalization tactics, such as stacking charges for the same crime ( in instances where this is unnecessary ), stress on the justice system could be lessened through a reduction in the number of criminal cases. overcriminalization can also refer to unjust applications of laws. with regard to federal law, a greater number of federal crimes and broader scope of what constitutes criminality can be exploited by prosecutors. podgor argues : " the increasing number of federal criminal statutes, especially in the last forty years, provides increased choices to prosecutors when proceeding against individuals. overfederalization, an outgrowth of overcriminalization, allows prosecutors to stretch criminal statutes, use β shortcut offenses, β stack multiple charges for the same crime, and proceed against individuals who may be unaware of the criminality of their conduct. " this utilization of the code to get around potential limitations damages the integrity of the criminal justice system and its goals. the limitations set in place are crucial when it comes to properly sentencing a perpetrator based on the nature of their crime ( s ). new bills with intentions of implementing new laws are created fairly often by just about anyone, meaning anyone with an idea on how we can either criminalize, decriminalize, or refine legalities could have a hand in starting a change those laws and the limits congress sets for them. for example,
the distortion of criminal justice policy ". current issues in criminal justice, vol. 6, 27 - 42 michalowski, r. j. ( 1985 ). order, law and crime : an introduction to criminology. new york : random house. jackson, j. & naureckas, j. ( 1994 ). " crime contradictions : us news illustrates flaws in crime coverage ". extra! may / june, pp. 10 β 14. leiper, s. ( 1994 ). " crime and propaganda ". propaganda review, vol. 11, pp. 44 β 6. walklate, sandra. ( 1989 ). victimology : the victim and the criminal justice process. london : routledge. isbn 0 - 04 - 445160 - 1 walklate, sandra. ( 2003 ). understanding criminology : current theoretical debates ( crime & justice s. ). oxford : oxford university press. isbn 0 - 335 - 20951 - 3
crimes, it is simply a lack of priority in current enforcement strategies that encourages such widespread public disobedience which, in all likelihood, would increase if the behavior was to be decriminalized. = = specific examples = = meier and geis ( 1997 ) contrast the view that prostitution and drug offenses are crimes without victims, with the view that the participants involved are victims without crimes. the use of the term " public - order crime " grew out of the research to test the hypothesis underlying the term " victimless crime ". so - called victimless crimes or crimes without victims were tested to determine whether a case could be argued that the behaviour produced harmful consequences for innocent people ( p19 ) recognising that there was substantial disagreement both about the degree of culpability inherent in the behaviour and the proper role for the law. consequently, the effectiveness and scope of the law has proved limited, both creating and solving problems. the following are examples of the research findings used to construct arguments that there are victims. it is accepted that there are other arguments that many consider equally convincing ( as an example ). = = = prostitution = = = = = = drugs = = = the use of drugs for religious and recreational purposes is historically verified among a wide range of cultures. in more modern times, inciardi ( 1992 : 1 β 17 ) reports that the use of opium, cocaine, and, later, morphine were common ingredients of patent medicines, and " opium dens " were not uncommon in the larger urban areas. extracts from the coca leaf were included in the original coca - cola and, in 1900, heroin was promoted as a cough medication and a treatment for lung diseases. but problems flowing from addiction led many to perceive the drug element of medications to be morally destructive. in the united states, the supreme court decisions of webb et al. v u. s. 249 u. s. 96 ( 1919 ) and u. s. v behrman 258 u. s. 280 ( 1922 ) drove the use of narcotics underground and consolidated their criminal status. in the terms adopted by schur ( 1965 ), drug dealing is now victimless because neither the buyer nor the seller is likely to report it. the consumption of some drugs can damage the health of users causing indirect societal cost due to increased hospitalizations and, in some cases, cause death through overdose because substitution or poor quality, although this potential for harm may be operationally indistinct from the potentials for harm associated with other noncriminal
Answer:
|
robbery, because he did not take the papers by means of force or putting in fear.
| null |
Driving down a dark road, Defendant accidentally ran over a man. Defendant stopped and found that the victim was dead. Defendant, fearing that he might be held responsible, took the victim's wallet, which contained a substantial amount of money. He removed the identification papers and put the wallet and money back into the victim's pocket. Defendant is not guilty of
0. larceny, because he took the papers only to prevent identification and not for his own use.
1. larceny, because he did not take anything from a living victim.
2. robbery, because he did not take the papers by means of force or putting in fear.
3. robbery, because he did not take anything of monetary valu
a victimless crime is an illegal act that typically either directly involves only the perpetrator or occurs between consenting adults. because it is consensual in nature, whether there involves a victim is a matter of debate. definitions of victimless crimes vary in different parts of the world and different law systems, but usually include possession of any illegal contraband, recreational drug use, prostitution and prohibited sexual behavior between consenting adults, assisted suicide, and smuggling among other similar infractions. in politics, a lobbyist or an activist might use the term victimless crime with the implication that the law in question should be abolished. victimless crimes are, in the harm principle of john stuart mill, " victimless " from a position that considers the individual as the sole sovereign, to the exclusion of more abstract bodies such as a community or a state against which criminal offenses may be directed. they may be considered offenses against the state rather than society. = = definition = = according to the university of chicago's vice scholar, jim leitzel, three characteristics can be used to identify whether a crime is a victimless crime : if the act is excessive, is indicative of a distinct pattern of behavior, and its adverse effects impact only the person who has engaged in it. in theory, each polity determines its own laws so as to maximize the happiness of its citizens. but as knowledge, behavior and values change, laws in most countries lag greatly behind these social changes. once a majority believes that the law is unnecessary, this law prohibits a victimless crime, until it is repealed. = = examples = = many victimless crimes begin because of a desire to obtain illegal products or services that are in high demand. criminal penalties thus tend to limit the supply more than the demand, driving up the black - market price and creating monopoly profits for those criminals who remain in business. this " crime tariff " encourages the growth of sophisticated and well - organized criminal groups. organized crime in turn tends to diversify into other areas of crime. large profits provide ample funds for bribery of public officials, as well as capital for diversification. the war on drugs is a commonly cited example of prosecution of victimless crime. the reasoning behind this is that drug use does not directly harm other people. one argument is that the criminalization of drugs leads to highly inflated prices for drugs. for example, bedau and schur found in 1974 that " in england the pharmacy cost of heroin [ was ] 0. 06 cents per grain. in the united states
a normal individual into an impulsive and emotionally labile criminal. the defense team had his client's brain scanned, which revealed malfunctioning of the prefrontal cortex. at the end the jury believed that bustamante's brain was not normal and spared him from the death penalty. = = = donta page = = = in 1999, page robbed, raped and killed a female student in denver. he later was found guilty of first - degree murder and was a candidate for the death penalty. professor a. raine from the university of pennsylvania was an expert witness for defense and brought page into a laboratory to assess his brain function. brain imaging scans revealed a distinct lack of activation in the ventral prefrontal cortex. professor raine argued for a deep - rooted biological explanation for mr. page's violence, who escaped death penalty partly on the basis of his brain pathology. = = crime prevention = = even though currently there are no preventive programs in place utilizing the recent discoveries in neurocriminology, there are a number of offender rehabilitation programs ( cognitive centre of canada ). = = = decisions based on brain imaging = = = some scientists propose using brain imaging to help decide which soon - to - be - released offenders are at greater risk for reoffending. the brain imaging data would be used along with common factors like age, prior arrests, and marital status. to support this idea, in a 2013 study, professor kent kiehl from the university of new mexico studying the population of 96 male offenders in the state's prisons found that offenders with low activity in the anterior cingulate cortex where twice as likely to commit an offense in the four years after their release as those who had high activity in this region. similarly, dustin pardini conducted that which shows that men with a smaller amygdala are three times more likely to commit violence three years after their release. = = = neurochemistry = = = trials demonstrated the efficacy of a number of medications, i. e. stimulants antipsychotics, antidepressants and mood stabilizers, in diminishing aggression in adolescents and children. even a simple omega - 3 supplements in the diets of young offenders reduces offending and aggression. however, drug treatment is subject to vary based on biological and environmental influences. variation in genes predisposes differences in biological systems and brain structure and function within individuals, influencing outcomes. = = = meditation = = = meditation can also affect brains, and even change
third of arrests made in the usa were for drug abuse, drunk driving, and other'moral'crimes. while incarceration rates are decreasing in the us, overcriminalized areas continue to make up a substantial portion of arrests. overcriminalization can also exacerbate other existing problems within a penal system, with overcrowding reducing access to already limited prison resources such as education or mental health services. the concept is fairly well recognized as an issue in the u. s., with stephen smith writing : " few issues have received more sustained attention from criminal law scholars over the last half - century than overcriminalization " and that " from all across the political spectrum, there is wide consensus that overcriminalization is a serious problem. " much has yet to be done in response to the issue revolving around overcriminalization. given that the criminal justice system is also considerably overworked as is, this plays into the lack of effort put towards tackling overcriminalized behavior and its corresponding individual. however, authors such as ellen podgor argue that if more focus is put on preventing overcriminalization tactics, such as stacking charges for the same crime ( in instances where this is unnecessary ), stress on the justice system could be lessened through a reduction in the number of criminal cases. overcriminalization can also refer to unjust applications of laws. with regard to federal law, a greater number of federal crimes and broader scope of what constitutes criminality can be exploited by prosecutors. podgor argues : " the increasing number of federal criminal statutes, especially in the last forty years, provides increased choices to prosecutors when proceeding against individuals. overfederalization, an outgrowth of overcriminalization, allows prosecutors to stretch criminal statutes, use β shortcut offenses, β stack multiple charges for the same crime, and proceed against individuals who may be unaware of the criminality of their conduct. " this utilization of the code to get around potential limitations damages the integrity of the criminal justice system and its goals. the limitations set in place are crucial when it comes to properly sentencing a perpetrator based on the nature of their crime ( s ). new bills with intentions of implementing new laws are created fairly often by just about anyone, meaning anyone with an idea on how we can either criminalize, decriminalize, or refine legalities could have a hand in starting a change those laws and the limits congress sets for them. for example,
the distortion of criminal justice policy ". current issues in criminal justice, vol. 6, 27 - 42 michalowski, r. j. ( 1985 ). order, law and crime : an introduction to criminology. new york : random house. jackson, j. & naureckas, j. ( 1994 ). " crime contradictions : us news illustrates flaws in crime coverage ". extra! may / june, pp. 10 β 14. leiper, s. ( 1994 ). " crime and propaganda ". propaganda review, vol. 11, pp. 44 β 6. walklate, sandra. ( 1989 ). victimology : the victim and the criminal justice process. london : routledge. isbn 0 - 04 - 445160 - 1 walklate, sandra. ( 2003 ). understanding criminology : current theoretical debates ( crime & justice s. ). oxford : oxford university press. isbn 0 - 335 - 20951 - 3
crimes, it is simply a lack of priority in current enforcement strategies that encourages such widespread public disobedience which, in all likelihood, would increase if the behavior was to be decriminalized. = = specific examples = = meier and geis ( 1997 ) contrast the view that prostitution and drug offenses are crimes without victims, with the view that the participants involved are victims without crimes. the use of the term " public - order crime " grew out of the research to test the hypothesis underlying the term " victimless crime ". so - called victimless crimes or crimes without victims were tested to determine whether a case could be argued that the behaviour produced harmful consequences for innocent people ( p19 ) recognising that there was substantial disagreement both about the degree of culpability inherent in the behaviour and the proper role for the law. consequently, the effectiveness and scope of the law has proved limited, both creating and solving problems. the following are examples of the research findings used to construct arguments that there are victims. it is accepted that there are other arguments that many consider equally convincing ( as an example ). = = = prostitution = = = = = = drugs = = = the use of drugs for religious and recreational purposes is historically verified among a wide range of cultures. in more modern times, inciardi ( 1992 : 1 β 17 ) reports that the use of opium, cocaine, and, later, morphine were common ingredients of patent medicines, and " opium dens " were not uncommon in the larger urban areas. extracts from the coca leaf were included in the original coca - cola and, in 1900, heroin was promoted as a cough medication and a treatment for lung diseases. but problems flowing from addiction led many to perceive the drug element of medications to be morally destructive. in the united states, the supreme court decisions of webb et al. v u. s. 249 u. s. 96 ( 1919 ) and u. s. v behrman 258 u. s. 280 ( 1922 ) drove the use of narcotics underground and consolidated their criminal status. in the terms adopted by schur ( 1965 ), drug dealing is now victimless because neither the buyer nor the seller is likely to report it. the consumption of some drugs can damage the health of users causing indirect societal cost due to increased hospitalizations and, in some cases, cause death through overdose because substitution or poor quality, although this potential for harm may be operationally indistinct from the potentials for harm associated with other noncriminal
Answer:
|
robbery, because he did not take anything of monetary valu
| 0.3 |
Al and Bill are identical twins. Al, angry at David, said, "You'd better stay out of my way. The next time I find you around here, I'll beat you up." Two days later, while in the neighborhood, David saw Bill coming toward him. As Bill came up to David, Bill raised his hand. Thinking Bill was Al and fearing bodily harm, David struck Bill. If Bill asserts a claim against David and David relies on the privilege of self-defense, David will
0. not prevail, because Bill was not an aggressor.
1. not prevail unless Bill intended his gesture as a threat.
2. prevail if David honestly believed that Bill would attack him.
3. prevail only if a reasonable person under the circumstances would have believed that Bill would attack him
anaphor " himself " references, is determined at lf, and thus left out of phonetic form. vp - deletion 16 ) john [ vp blamed himself ], and bill _ _ _ _, too. vp deletion occurs, which in effect deletes the vp [ blame himself ] from the second clause bill [ blame himself ]. again, it is important to keep in mind that this deletion occurs strictly at the phonetic level, and thus [ blame himself ] still exists in the lf component, despite it being deleted in pf. do - support phonetic form : 17 ) john [ vp blamed himself ], and bill did _ _ _ _, too. lastly, do - support is implemented, filling the empty space created by vp deletion with did. this is the last step that occurs in pf, leaving the sentence to be phonetically realized as " john blamed himself, and bill did too. " due to the rules enacted in the lf component of the derivation, although did has phonetically replaced the vp [ blame himself ], its meaning is the same as what was established at lf. thus, " bill did too " can be sloppily interpreted as " bill blamed himself ", as in " bill blamed bill ". = = = = interpretative - derived vp approach = = = = in his approach to the sloppy identity problem, williams ( 1977 ) adopts the derived vp rule as well. he also suggests that anaphors and pronouns are rewritten as variables at lf by a variable rewriting rule. afterwards, by using the vp rule, these variables are then copied into the elided vp. following this approach, both the sloppy and strict readings are possible. the following examples will go through the derivation of sentence 18. i ) as a sloppy reading : sloppy reading 18. i ) john visits his children on sunday and bill does [ vpβ
] too. as can be seen in this sentence, the vp contains no structure. in sentence 19. i ), the derived vp rule, which re - writes the vp using lambda notation, is applied : derived vp rule 19. i ) john [ vpΞ»x ( x visits his children ) ] and bill does [ vpβ
] too. next, the variable rewriting rule transforms pronouns and anaphors into variables at lf : variable rewriting rule 20. i ) john [ vpΞ»x ( x visits x's children ) ] and bill does [ vpβ
] too. the
in semantics, a predicand is an argument in an utterance, specifically that of which something is predicated. by extension, in syntax, it is the constituent in a clause typically functioning as the subject. : 76 = = examples = = in the most typical cases, the predicand corresponds to the subject of a clause, and the predicate corresponds to a verb phrase ( vp ) that is the head of the clause. but there are also form - meaning mismatches, where the predicand is not a subject or where the predicate is not the head of the clause. also, not every utterance has a predicand. = = = when predicates correspond to the head of the clause = = = the typical case involves a predicand corresponding to the subject and a predicate corresponding to a verb phrase that is the head of the clause. = = = = subject predicands = = = = predicands are usually expressed in the utterance, and they are typically the subject. in the english example ( 1 ), the predicand is the person being spoken to, which corresponds to the subject you. = = = = unexpressed predicands = = = = in many languages, pronominal subjects can be dropped, but this doesn't drop a predicand. for instance, in the spanish example ( 2 ), there is no subject, but the predicand is still the person being spoken to. if the subject is not included, the predicand can be ambiguous, as shown in the japanese example ( 3 ). when ( 3 ) is spoken, it can be interpreted as " it's hot " where the predicand is the ambient temperature, or it can mean that an object is hot to the touch, in which case, the predicand would be the object in question. predicands are usually unexpressed in imperative clauses, but they are usually the person or people being addressed. : 32 = = = = non - subject predicands = = = = there are cases in which the predicand has a syntactic function other than subject. this happens in raising constructions, such as ( 4 ). here, you is the object of the make verb phrase, the head of the main clause. but it's also the predicand of the subordinate think clause, which has no subject. : 216 another example is in object predicands such as ( 5 ). : 9 =
= = = = further reading = = timm, jane c. ( october 23, 2018 ). " fact check : trump claims gop is protecting people with pre - existing conditions. evidence says otherwise ". nbc news. retrieved march 8, 2019. pear, robert ( february 6, 2019 ). " democrats unite to begin push to protect pre - existing condition coverage ". the new york times. retrieved march 8, 2019. lovelace, berkeley jr. & breuninger, kevin ( september 24 2020 ). " trump to sign executive orders protecting preexisting conditions and seeking a way to prevent surprise medical bills ". cnbc.
/ thing i bought for harvey is big. c. what i bought for harvey is big. specificational a. the director of anatomy of murder is otto preminger. b. the only director / person / one i met was otto preminger. c. who i met was otto preminger. identificational a. that ( woman ) is sylvia. b. that ( stuff ) is ddt. equative a. sylvia obernauer is her. b. cicero is tully. this taxonomy is based primarily on native speaker intuition, as well as on detailed observations of english copular sentences. the intuition about predicational clauses is that they predicate a property of the subject referent. the other three types of copular clauses do not involve predication. equatives equate the referents of the two expressions on either side of the copular verb. neither is a predicate of the other. specificational clauses involve assigning a value to a variable : the subject expression sets up a variable and the post - copular expression provides the value for that variable. identificational clauses typically involve a demonstrative subject and are used for teaching the names of people or of things. many linguists are currently in disagreement regarding the taxonomy and status of equative clauses. = = = reduction of taxonomy = = = caroline heycock contributes to the discussion about whether specificational sentences are a special type of equatives or if they can be reduced to'inverted predications': she argues that these sentences are a type of equative in which only one of the two noun phrases is a simple individual. heycock claims that specificational sentences are an'asymmetric'equation because the noun phrase that occurs in clause - initial position is interpreted as a more intentional subject than is the post - copular noun phrase. den dikken states that the category of specificational sentences is more real and that it includes both categories ( specificational and equative clauses ). mikkelsen, on the other hand, maintains the distinction between specificational and equative clauses, but suggests that the identificational class be eliminated. moro it proposes a unified theory of copular sentences reducing the types to two different arrangements of the same basic structure, including existential sentences ; it also contains a historical appendix. many theories stem from this work including, among others, heycock's proposal. heller goes further and gives a reduced taxonomy of two classes of clauses : predicational, which includes both identificational
##ite capital of rabbah, david remains in jerusalem. he spies a woman, bathsheba, bathing and summons her ; she becomes pregnant. the text in the bible does not explicitly state whether bathsheba consented to sex with david. david calls her husband, uriah the hittite, back from the battle to rest, hoping that he will go home to have sex with his wife and the child will be presumed to be his. uriah does not visit his wife, however, so david conspires to have him killed in the heat of battle. david then marries the widowed bathsheba. in response, nathan, after trapping the king in his guilt with a parable that actually described his sin in analogy, prophesies the punishment that will fall upon him, stating " the sword shall never depart from your house. " when david acknowledges that he has sinned, nathan advises him that his sin is forgiven and he will not die, but the child will. in fulfillment of nathan's words, the child born of the union between david and bathsheba dies, and another of david's sons, absalom, fueled by vengeance and lust for power, rebels. thanks to hushai, a friend of david who was ordered to infiltrate absalom's court to successfully sabotage his plans, absalom's forces are routed at the battle of the wood of ephraim, and he is caught by his long hair in the branches of a tree where, contrary to david's order, he is killed by joab, the commander of david's army. david laments the death of his favourite son : " o my son absalom, my son, my son absalom! would i had died instead of you, o absalom, my son, my son! " until joab persuades him to recover from " the extravagance of his grief " and to fulfill his duty to his people. david returns to gilgal and is escorted across the river jordan and back to jerusalem by the tribes of judah and benjamin. when david is old and bedridden, adonijah, his eldest surviving son and natural heir, declares himself king. bathsheba and nathan go to david and obtain his agreement to crown bathsheba's son solomon as king, according to david's earlier promise, and the revolt of adonijah is put down. david dies at the age of 70 after reigning for 40 years, and on his deathbed
Answer:
|
prevail only if a reasonable person under the circumstances would have believed that Bill would attack him
| null |
Al and Bill are identical twins. Al, angry at David, said, "You'd better stay out of my way. The next time I find you around here, I'll beat you up." Two days later, while in the neighborhood, David saw Bill coming toward him. As Bill came up to David, Bill raised his hand. Thinking Bill was Al and fearing bodily harm, David struck Bill. If Bill asserts a claim against David and David relies on the privilege of self-defense, David will
0. not prevail, because Bill was not an aggressor.
1. not prevail unless Bill intended his gesture as a threat.
2. prevail if David honestly believed that Bill would attack him.
3. prevail only if a reasonable person under the circumstances would have believed that Bill would attack him
anaphor " himself " references, is determined at lf, and thus left out of phonetic form. vp - deletion 16 ) john [ vp blamed himself ], and bill _ _ _ _, too. vp deletion occurs, which in effect deletes the vp [ blame himself ] from the second clause bill [ blame himself ]. again, it is important to keep in mind that this deletion occurs strictly at the phonetic level, and thus [ blame himself ] still exists in the lf component, despite it being deleted in pf. do - support phonetic form : 17 ) john [ vp blamed himself ], and bill did _ _ _ _, too. lastly, do - support is implemented, filling the empty space created by vp deletion with did. this is the last step that occurs in pf, leaving the sentence to be phonetically realized as " john blamed himself, and bill did too. " due to the rules enacted in the lf component of the derivation, although did has phonetically replaced the vp [ blame himself ], its meaning is the same as what was established at lf. thus, " bill did too " can be sloppily interpreted as " bill blamed himself ", as in " bill blamed bill ". = = = = interpretative - derived vp approach = = = = in his approach to the sloppy identity problem, williams ( 1977 ) adopts the derived vp rule as well. he also suggests that anaphors and pronouns are rewritten as variables at lf by a variable rewriting rule. afterwards, by using the vp rule, these variables are then copied into the elided vp. following this approach, both the sloppy and strict readings are possible. the following examples will go through the derivation of sentence 18. i ) as a sloppy reading : sloppy reading 18. i ) john visits his children on sunday and bill does [ vpβ
] too. as can be seen in this sentence, the vp contains no structure. in sentence 19. i ), the derived vp rule, which re - writes the vp using lambda notation, is applied : derived vp rule 19. i ) john [ vpΞ»x ( x visits his children ) ] and bill does [ vpβ
] too. next, the variable rewriting rule transforms pronouns and anaphors into variables at lf : variable rewriting rule 20. i ) john [ vpΞ»x ( x visits x's children ) ] and bill does [ vpβ
] too. the
in semantics, a predicand is an argument in an utterance, specifically that of which something is predicated. by extension, in syntax, it is the constituent in a clause typically functioning as the subject. : 76 = = examples = = in the most typical cases, the predicand corresponds to the subject of a clause, and the predicate corresponds to a verb phrase ( vp ) that is the head of the clause. but there are also form - meaning mismatches, where the predicand is not a subject or where the predicate is not the head of the clause. also, not every utterance has a predicand. = = = when predicates correspond to the head of the clause = = = the typical case involves a predicand corresponding to the subject and a predicate corresponding to a verb phrase that is the head of the clause. = = = = subject predicands = = = = predicands are usually expressed in the utterance, and they are typically the subject. in the english example ( 1 ), the predicand is the person being spoken to, which corresponds to the subject you. = = = = unexpressed predicands = = = = in many languages, pronominal subjects can be dropped, but this doesn't drop a predicand. for instance, in the spanish example ( 2 ), there is no subject, but the predicand is still the person being spoken to. if the subject is not included, the predicand can be ambiguous, as shown in the japanese example ( 3 ). when ( 3 ) is spoken, it can be interpreted as " it's hot " where the predicand is the ambient temperature, or it can mean that an object is hot to the touch, in which case, the predicand would be the object in question. predicands are usually unexpressed in imperative clauses, but they are usually the person or people being addressed. : 32 = = = = non - subject predicands = = = = there are cases in which the predicand has a syntactic function other than subject. this happens in raising constructions, such as ( 4 ). here, you is the object of the make verb phrase, the head of the main clause. but it's also the predicand of the subordinate think clause, which has no subject. : 216 another example is in object predicands such as ( 5 ). : 9 =
= = = = further reading = = timm, jane c. ( october 23, 2018 ). " fact check : trump claims gop is protecting people with pre - existing conditions. evidence says otherwise ". nbc news. retrieved march 8, 2019. pear, robert ( february 6, 2019 ). " democrats unite to begin push to protect pre - existing condition coverage ". the new york times. retrieved march 8, 2019. lovelace, berkeley jr. & breuninger, kevin ( september 24 2020 ). " trump to sign executive orders protecting preexisting conditions and seeking a way to prevent surprise medical bills ". cnbc.
/ thing i bought for harvey is big. c. what i bought for harvey is big. specificational a. the director of anatomy of murder is otto preminger. b. the only director / person / one i met was otto preminger. c. who i met was otto preminger. identificational a. that ( woman ) is sylvia. b. that ( stuff ) is ddt. equative a. sylvia obernauer is her. b. cicero is tully. this taxonomy is based primarily on native speaker intuition, as well as on detailed observations of english copular sentences. the intuition about predicational clauses is that they predicate a property of the subject referent. the other three types of copular clauses do not involve predication. equatives equate the referents of the two expressions on either side of the copular verb. neither is a predicate of the other. specificational clauses involve assigning a value to a variable : the subject expression sets up a variable and the post - copular expression provides the value for that variable. identificational clauses typically involve a demonstrative subject and are used for teaching the names of people or of things. many linguists are currently in disagreement regarding the taxonomy and status of equative clauses. = = = reduction of taxonomy = = = caroline heycock contributes to the discussion about whether specificational sentences are a special type of equatives or if they can be reduced to'inverted predications': she argues that these sentences are a type of equative in which only one of the two noun phrases is a simple individual. heycock claims that specificational sentences are an'asymmetric'equation because the noun phrase that occurs in clause - initial position is interpreted as a more intentional subject than is the post - copular noun phrase. den dikken states that the category of specificational sentences is more real and that it includes both categories ( specificational and equative clauses ). mikkelsen, on the other hand, maintains the distinction between specificational and equative clauses, but suggests that the identificational class be eliminated. moro it proposes a unified theory of copular sentences reducing the types to two different arrangements of the same basic structure, including existential sentences ; it also contains a historical appendix. many theories stem from this work including, among others, heycock's proposal. heller goes further and gives a reduced taxonomy of two classes of clauses : predicational, which includes both identificational
##ite capital of rabbah, david remains in jerusalem. he spies a woman, bathsheba, bathing and summons her ; she becomes pregnant. the text in the bible does not explicitly state whether bathsheba consented to sex with david. david calls her husband, uriah the hittite, back from the battle to rest, hoping that he will go home to have sex with his wife and the child will be presumed to be his. uriah does not visit his wife, however, so david conspires to have him killed in the heat of battle. david then marries the widowed bathsheba. in response, nathan, after trapping the king in his guilt with a parable that actually described his sin in analogy, prophesies the punishment that will fall upon him, stating " the sword shall never depart from your house. " when david acknowledges that he has sinned, nathan advises him that his sin is forgiven and he will not die, but the child will. in fulfillment of nathan's words, the child born of the union between david and bathsheba dies, and another of david's sons, absalom, fueled by vengeance and lust for power, rebels. thanks to hushai, a friend of david who was ordered to infiltrate absalom's court to successfully sabotage his plans, absalom's forces are routed at the battle of the wood of ephraim, and he is caught by his long hair in the branches of a tree where, contrary to david's order, he is killed by joab, the commander of david's army. david laments the death of his favourite son : " o my son absalom, my son, my son absalom! would i had died instead of you, o absalom, my son, my son! " until joab persuades him to recover from " the extravagance of his grief " and to fulfill his duty to his people. david returns to gilgal and is escorted across the river jordan and back to jerusalem by the tribes of judah and benjamin. when david is old and bedridden, adonijah, his eldest surviving son and natural heir, declares himself king. bathsheba and nathan go to david and obtain his agreement to crown bathsheba's son solomon as king, according to david's earlier promise, and the revolt of adonijah is put down. david dies at the age of 70 after reigning for 40 years, and on his deathbed
Answer:
|
prevail if David honestly believed that Bill would attack him.
| 0.3 |
Section 1 of the Vehicle Code of State makes it illegal to cross a street in a central business district other than at a designated crosswalk. Section 2 of the Code prohibits parking any motor vehicle so that it blocks any part of a designated crosswalk. Ped wanted to cross Main Street in the central business district of City, located in State, but a truck parked by Trucker was blocking the designated crosswalk. Ped stepped out into Main Street and carefully walked around the back of the truck. Ped was struck by a motor vehicle negligently operated by Driver."If Ped asserts a claim against Driver, Ped's failure to be in the crosswalk will have which of the following effects?
0. It is not relevant in determining the right of Ped.
1. It may be considered by the trier of fact on the issue of Driver's liability.
2. It will bar Ped's recovery unless Driver saw Ped in time to avoid the impact.
3. It will bar Ped's recovery as a matter of law
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
immunity against government claims actions, in such cases. warning signs are often used where sight distance is insufficient. the manual on uniform traffic control devices requires stop ahead, yield ahead or signal ahead signs at intersections where the traffic control device is not visible from a distance equal to the stopping sight distance at speed of approaching traffic. hill blocks view signs can be used where crest vertical curves restrict sight distance. however, many jurisdictions still expect drivers to use ordinary care regarding conditions readily apparent to a driver, without the prompting of a sign. the care and focus ordinarily required of a driver against certain types of hazards may be somewhat amplified on roads with lower functional classification. the probability of spontaneous traffic increases proportionally to the density of access points, and this density should be readily apparent to a driver even when a specific access point is not. for this reason, full corner sight distance is almost never required for individual driveways in urban high - density residential areas, and street parking is commonly permitted within the right - of - way. = = see also = = = = = road standards setting bodies = = = american association of state highway and transportation officials national cooperative highway research program transportation research board = = notes = = = = references = = = = = law reviews = = = " liability of highway authorities arising out of motor vehicle accident allegedly caused by failure to erect or properly maintain traffic control device at intersection ". american law reports β annotated, 3rd series. vol. 34. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1008. " comment note : governmental liability for failure to reduce vegetation obscuring view at railroad crossing or at street or highway intersection ". american law reports β annotated, 6th series. vol. 50. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 95.
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
road curvature ; safe speed is always dynamic. non - commercial vehicles have even shorter lighting distances. drivers commonly drive the maximum posted speed limit at night, often in violation of the acda rule and this shows up in accident data. = = = = = intersections = = = = = as a corollary to the rule that drivers generally must not pose an " immediate hazard " upon where or when they cannot assure such distance ahead is clear, it follows that others may presume that no vehicle is posing an " immediate hazard " from beyond where they can see with proper lookout. where there are cross roads or side roads with view obstructions, the assured clear distance terminates at the closest path of potential users of the roadway until there is such a view which assures the intersection will remain clear. in such situations, approach speed must be reduced in preparation for entering or crossing a road or intersection or the unmarked pedestrian crosswalks and bike paths they create because of potential hazards. this jurisprudence arises in - part because of the known difficulty in estimating the distance and velocity of an approaching vehicle, which is psychophysically explained by its small angular size and belated divergence from an asymptotically null rate of expansion, which is beyond the subtended angular velocity detection threshold ( savt ) limits of visual acuity by way of the stevens'power law and weber β fechner law, until the vehicle may be dangerously close ; subjective constancy and the visual angle illusion may also play a role. vehicles that are approaching an intersection from beyond the savt limit cannot be reliably distinguished between moving or parked, though they may be traveling at such an imprudent speed as to pose an immediate hazard. in this circumstance, it is impossible for the entering driver to have fair notice that his or her contemplated conduct is forbidden by such hazard, and any legal expectation to the contrary would implicate violating the vagueness doctrine of the us constitution. it is the duty of the through - driver to decelerate and apply the acda principle specifically to the intersection. see table of detection thresholds. = = = = acda as a function of horizontal sight distance = = = = horizontal clearance is measured from the edge of the traveled way to the bottom of the nearest object, tree trunk or shrub foliage mass face, plant setback, or mature growth. horizontal sight distance is not to be confused with the clear recovery zone which provides hazardous vegetation set - back to allow errant vehicles to regain control, and is exclusive to
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
Answer:
|
It may be considered by the trier of fact on the issue of Driver's liability.
| null |
Section 1 of the Vehicle Code of State makes it illegal to cross a street in a central business district other than at a designated crosswalk. Section 2 of the Code prohibits parking any motor vehicle so that it blocks any part of a designated crosswalk. Ped wanted to cross Main Street in the central business district of City, located in State, but a truck parked by Trucker was blocking the designated crosswalk. Ped stepped out into Main Street and carefully walked around the back of the truck. Ped was struck by a motor vehicle negligently operated by Driver."If Ped asserts a claim against Driver, Ped's failure to be in the crosswalk will have which of the following effects?
0. It is not relevant in determining the right of Ped.
1. It may be considered by the trier of fact on the issue of Driver's liability.
2. It will bar Ped's recovery unless Driver saw Ped in time to avoid the impact.
3. It will bar Ped's recovery as a matter of law
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
immunity against government claims actions, in such cases. warning signs are often used where sight distance is insufficient. the manual on uniform traffic control devices requires stop ahead, yield ahead or signal ahead signs at intersections where the traffic control device is not visible from a distance equal to the stopping sight distance at speed of approaching traffic. hill blocks view signs can be used where crest vertical curves restrict sight distance. however, many jurisdictions still expect drivers to use ordinary care regarding conditions readily apparent to a driver, without the prompting of a sign. the care and focus ordinarily required of a driver against certain types of hazards may be somewhat amplified on roads with lower functional classification. the probability of spontaneous traffic increases proportionally to the density of access points, and this density should be readily apparent to a driver even when a specific access point is not. for this reason, full corner sight distance is almost never required for individual driveways in urban high - density residential areas, and street parking is commonly permitted within the right - of - way. = = see also = = = = = road standards setting bodies = = = american association of state highway and transportation officials national cooperative highway research program transportation research board = = notes = = = = references = = = = = law reviews = = = " liability of highway authorities arising out of motor vehicle accident allegedly caused by failure to erect or properly maintain traffic control device at intersection ". american law reports β annotated, 3rd series. vol. 34. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1008. " comment note : governmental liability for failure to reduce vegetation obscuring view at railroad crossing or at street or highway intersection ". american law reports β annotated, 6th series. vol. 50. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 95.
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
road curvature ; safe speed is always dynamic. non - commercial vehicles have even shorter lighting distances. drivers commonly drive the maximum posted speed limit at night, often in violation of the acda rule and this shows up in accident data. = = = = = intersections = = = = = as a corollary to the rule that drivers generally must not pose an " immediate hazard " upon where or when they cannot assure such distance ahead is clear, it follows that others may presume that no vehicle is posing an " immediate hazard " from beyond where they can see with proper lookout. where there are cross roads or side roads with view obstructions, the assured clear distance terminates at the closest path of potential users of the roadway until there is such a view which assures the intersection will remain clear. in such situations, approach speed must be reduced in preparation for entering or crossing a road or intersection or the unmarked pedestrian crosswalks and bike paths they create because of potential hazards. this jurisprudence arises in - part because of the known difficulty in estimating the distance and velocity of an approaching vehicle, which is psychophysically explained by its small angular size and belated divergence from an asymptotically null rate of expansion, which is beyond the subtended angular velocity detection threshold ( savt ) limits of visual acuity by way of the stevens'power law and weber β fechner law, until the vehicle may be dangerously close ; subjective constancy and the visual angle illusion may also play a role. vehicles that are approaching an intersection from beyond the savt limit cannot be reliably distinguished between moving or parked, though they may be traveling at such an imprudent speed as to pose an immediate hazard. in this circumstance, it is impossible for the entering driver to have fair notice that his or her contemplated conduct is forbidden by such hazard, and any legal expectation to the contrary would implicate violating the vagueness doctrine of the us constitution. it is the duty of the through - driver to decelerate and apply the acda principle specifically to the intersection. see table of detection thresholds. = = = = acda as a function of horizontal sight distance = = = = horizontal clearance is measured from the edge of the traveled way to the bottom of the nearest object, tree trunk or shrub foliage mass face, plant setback, or mature growth. horizontal sight distance is not to be confused with the clear recovery zone which provides hazardous vegetation set - back to allow errant vehicles to regain control, and is exclusive to
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
Answer:
|
It will bar Ped's recovery unless Driver saw Ped in time to avoid the impact.
| 0.3 |
Section 1 of the Vehicle Code of State makes it illegal to cross a street in a central business district other than at a designated crosswalk. Section 2 of the Code prohibits parking any motor vehicle so that it blocks any part of a designated crosswalk. Ped wanted to cross Main Street in the central business district of City, located in State, but a truck parked by Trucker was blocking the designated crosswalk. Ped stepped out into Main Street and carefully walked around the back of the truck. Ped was struck by a motor vehicle negligently operated by Driver."If Ped asserts a claim against Trucker, the most likely result is that Ped will
0. prevail, because Trucker's violation of a state statute makes him strictly liable for all injuries caused thereby.
1. prevail, because the probable purpose of Section 2 of the Vehicle Code of State was to safeguard pedestrians in using crosswalks.
2. not prevail, because Ped assumed the risk of injury when he crossed the street outside the crosswalk.
3. not prevail, because Driver's conduct was the actual cause of Ped's harm
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
immunity against government claims actions, in such cases. warning signs are often used where sight distance is insufficient. the manual on uniform traffic control devices requires stop ahead, yield ahead or signal ahead signs at intersections where the traffic control device is not visible from a distance equal to the stopping sight distance at speed of approaching traffic. hill blocks view signs can be used where crest vertical curves restrict sight distance. however, many jurisdictions still expect drivers to use ordinary care regarding conditions readily apparent to a driver, without the prompting of a sign. the care and focus ordinarily required of a driver against certain types of hazards may be somewhat amplified on roads with lower functional classification. the probability of spontaneous traffic increases proportionally to the density of access points, and this density should be readily apparent to a driver even when a specific access point is not. for this reason, full corner sight distance is almost never required for individual driveways in urban high - density residential areas, and street parking is commonly permitted within the right - of - way. = = see also = = = = = road standards setting bodies = = = american association of state highway and transportation officials national cooperative highway research program transportation research board = = notes = = = = references = = = = = law reviews = = = " liability of highway authorities arising out of motor vehicle accident allegedly caused by failure to erect or properly maintain traffic control device at intersection ". american law reports β annotated, 3rd series. vol. 34. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1008. " comment note : governmental liability for failure to reduce vegetation obscuring view at railroad crossing or at street or highway intersection ". american law reports β annotated, 6th series. vol. 50. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 95.
red light, and the need to identify the actual violator has led to the creation of a unique investigatory tool, the fake " ticket. " groups opposing the use of red light cameras have argued that where the cameras are not set up to identify the vehicle driver, owner liability issues are raised. it is perceived by some that the owner of the vehicle is unfairly penalized by being considered liable for red - light violations although they may not have been the driver at the time of the offense. in most jurisdictions the liability for red light violations is a civil offense, rather than a criminal citation, issued upon the vehicle owner β similar to a parking ticket. the issue of owner liability has been addressed in the us courts, with a ruling in the district of columbia court of appeals in 2007, which agreed with a lower court when it found that the presumption of liability of the owners of vehicles issued citations does not violate due process rights. this ruling was supported by a 2009 7th us circuit court of appeals ruling in which it was held that issuing citations to vehicle owners ( or lessees ) is constitutional. the court stated that it also encourages drivers to be cautious in lending their vehicles to others. the argument that red light cameras violate the privacy of citizens, has also been addressed in the us courts. according to a 2009 ruling by the 7th us circuit court of appeals, " no one has a fundamental right to run a red light or avoid being seen by a camera on a public street. " in addition, cameras only take photographs or video when a vehicle has run a red light and, in most states, the camera does not photograph the driver or the occupants of the vehicle. it is also argued that such cameras violate the sixth amendment's confrontation clause and the right to be assumed innocent until proven guilty. in most areas, red light enforcement cameras are installed and maintained by private firms. lawsuits have been raised challenging private companies'rights to hand out citations, such as a december 2008 lawsuit challenging the city of dallas'red light camera program, which was dismissed in march 2009. in most cases, citations are issued by law enforcement officers using the evidence provided by the companies. there have been many instances where cities in the us have been found to have too - short yellow - light intervals at some intersections where red light cameras have been installed. in tennessee, 176 drivers were refunded for fines paid after it was discovered that the length of the yellow was too short for that location, and motorists were caught running the light in the first second of the
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
Answer:
|
prevail, because the probable purpose of Section 2 of the Vehicle Code of State was to safeguard pedestrians in using crosswalks.
| null |
Section 1 of the Vehicle Code of State makes it illegal to cross a street in a central business district other than at a designated crosswalk. Section 2 of the Code prohibits parking any motor vehicle so that it blocks any part of a designated crosswalk. Ped wanted to cross Main Street in the central business district of City, located in State, but a truck parked by Trucker was blocking the designated crosswalk. Ped stepped out into Main Street and carefully walked around the back of the truck. Ped was struck by a motor vehicle negligently operated by Driver."If Ped asserts a claim against Trucker, the most likely result is that Ped will
0. prevail, because Trucker's violation of a state statute makes him strictly liable for all injuries caused thereby.
1. prevail, because the probable purpose of Section 2 of the Vehicle Code of State was to safeguard pedestrians in using crosswalks.
2. not prevail, because Ped assumed the risk of injury when he crossed the street outside the crosswalk.
3. not prevail, because Driver's conduct was the actual cause of Ped's harm
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
immunity against government claims actions, in such cases. warning signs are often used where sight distance is insufficient. the manual on uniform traffic control devices requires stop ahead, yield ahead or signal ahead signs at intersections where the traffic control device is not visible from a distance equal to the stopping sight distance at speed of approaching traffic. hill blocks view signs can be used where crest vertical curves restrict sight distance. however, many jurisdictions still expect drivers to use ordinary care regarding conditions readily apparent to a driver, without the prompting of a sign. the care and focus ordinarily required of a driver against certain types of hazards may be somewhat amplified on roads with lower functional classification. the probability of spontaneous traffic increases proportionally to the density of access points, and this density should be readily apparent to a driver even when a specific access point is not. for this reason, full corner sight distance is almost never required for individual driveways in urban high - density residential areas, and street parking is commonly permitted within the right - of - way. = = see also = = = = = road standards setting bodies = = = american association of state highway and transportation officials national cooperative highway research program transportation research board = = notes = = = = references = = = = = law reviews = = = " liability of highway authorities arising out of motor vehicle accident allegedly caused by failure to erect or properly maintain traffic control device at intersection ". american law reports β annotated, 3rd series. vol. 34. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1008. " comment note : governmental liability for failure to reduce vegetation obscuring view at railroad crossing or at street or highway intersection ". american law reports β annotated, 6th series. vol. 50. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 95.
red light, and the need to identify the actual violator has led to the creation of a unique investigatory tool, the fake " ticket. " groups opposing the use of red light cameras have argued that where the cameras are not set up to identify the vehicle driver, owner liability issues are raised. it is perceived by some that the owner of the vehicle is unfairly penalized by being considered liable for red - light violations although they may not have been the driver at the time of the offense. in most jurisdictions the liability for red light violations is a civil offense, rather than a criminal citation, issued upon the vehicle owner β similar to a parking ticket. the issue of owner liability has been addressed in the us courts, with a ruling in the district of columbia court of appeals in 2007, which agreed with a lower court when it found that the presumption of liability of the owners of vehicles issued citations does not violate due process rights. this ruling was supported by a 2009 7th us circuit court of appeals ruling in which it was held that issuing citations to vehicle owners ( or lessees ) is constitutional. the court stated that it also encourages drivers to be cautious in lending their vehicles to others. the argument that red light cameras violate the privacy of citizens, has also been addressed in the us courts. according to a 2009 ruling by the 7th us circuit court of appeals, " no one has a fundamental right to run a red light or avoid being seen by a camera on a public street. " in addition, cameras only take photographs or video when a vehicle has run a red light and, in most states, the camera does not photograph the driver or the occupants of the vehicle. it is also argued that such cameras violate the sixth amendment's confrontation clause and the right to be assumed innocent until proven guilty. in most areas, red light enforcement cameras are installed and maintained by private firms. lawsuits have been raised challenging private companies'rights to hand out citations, such as a december 2008 lawsuit challenging the city of dallas'red light camera program, which was dismissed in march 2009. in most cases, citations are issued by law enforcement officers using the evidence provided by the companies. there have been many instances where cities in the us have been found to have too - short yellow - light intervals at some intersections where red light cameras have been installed. in tennessee, 176 drivers were refunded for fines paid after it was discovered that the length of the yellow was too short for that location, and motorists were caught running the light in the first second of the
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
Answer:
|
prevail, because Trucker's violation of a state statute makes him strictly liable for all injuries caused thereby.
| 0.3 |
Suspecting that students were using narcotics, the president of a private college arranged for local police to place concealed microphones in several suites of the dormitory. Using these microphones, the college security officers recorded a conversation in which Green, a student, offered to sell marijuana to another student. The tape was turned over to the local police, who played it for a local judge. The judge issued a warrant to search Green's room. The room was searched by police, and marijuana was discovered. Green is charged with unlawful possession of narcotics. At trial, Green's motion to prevent the introduction of the marijuana into evidence will most probably be
0. denied, because the college president, in loco parentis, had the responsibility of preventing unlawful activity by students under the president's supervision.
1. denied, because there was probable cause to make the search and police obtained a warrant before commencing the search.
2. granted, because Green's privacy was unreasonably invaded.
3. granted, because the electronic surveillance was "fundamentally unfair.
of america sent out numerous dmca takedown notices, and there was a massive internet backlash triggered by the perceived impact of such notices on fair use and free speech. = = = forced disclosure of encryption keys = = = in the united kingdom, the regulation of investigatory powers act gives uk police the powers to force suspects to decrypt files or hand over passwords that protect encryption keys. failure to comply is an offense in its own right, punishable on conviction by a two - year jail sentence or up to five years in cases involving national security. successful prosecutions have occurred under the act ; the first, in 2009, resulted in a term of 13 months'imprisonment. similar forced disclosure laws in australia, finland, france, and india compel individual suspects under investigation to hand over encryption keys or passwords during a criminal investigation. in the united states, the federal criminal case of united states v. fricosu addressed whether a search warrant can compel a person to reveal an encryption passphrase or password. the electronic frontier foundation ( eff ) argued that this is a violation of the protection from self - incrimination given by the fifth amendment. in 2012, the court ruled that under the all writs act, the defendant was required to produce an unencrypted hard drive for the court. in many jurisdictions, the legal status of forced disclosure remains unclear. the 2016 fbi β apple encryption dispute concerns the ability of courts in the united states to compel manufacturers'assistance in unlocking cell phones whose contents are cryptographically protected. as a potential counter - measure to forced disclosure some cryptographic software supports plausible deniability, where the encrypted data is indistinguishable from unused random data ( for example such as that of a drive which has been securely wiped ). = = see also = = collision attack comparison of cryptography libraries cryptovirology β securing and encrypting virology crypto wars β attempts to limit access to strong cryptography encyclopedia of cryptography and security β book by technische universiteit eindhoven global surveillance β mass surveillance across national borders indistinguishability obfuscation β type of cryptographic software obfuscation information theory β scientific study of digital information outline of cryptography list of cryptographers β a list of historical mathmaticians list of multiple discoveries list of unsolved problems in computer science β list of unsolved computational problems pre - shared key β method to set encryption keys secure cryptoproces
adopted in schools has been implemented too harshly, however, with unintended consequences creating other problems. in addition to this, the shooting also affected student speech rights. school officials became more concerned about student expression, mainly if it was violent or threatening, which put students'first amendment rights at risk. there have been legal battles over students'rights to free expression, as different judges have had varying interpretations of what constitutes a genuine threat and how much discretion school officials should have in regulating student speech. this has made it a complex issue for schools and courts to balance safety and freedom of expression. = = police tactics = = police departments have reassessed their tactics and have since trained for columbine - like situations after criticism over the slow response and progress of the swat teams during the shooting. first responders face numerous challenges when entering situations like this. in a similar incident, a police department had to deal with over 1500 misleading calls to the dispatch center during the first two hours of the incident, which underscores the difficulties that law enforcement officials face in managing misinformation distractions during active shooter incidents. training has been increased and now includes quick deployment rules while schools are rethinking emergency policies. the pacifica ca police department has created a tactical playbook that gives planning and equips responders with strategic direction for coordinating responses between agencies when facing mass violence. police followed a traditional tactic at columbine : surround the building, set up a perimeter, and contain the damage. that approach has been replaced by a tactic known as the immediate action rapid deployment tactic. this tactic calls for a team to advance into the site of any ongoing shooting, but even with just a single officer if more are not available. in fact, the majority of active shooters are stopped by a single officer. police officers using this tactic are trained to move toward the sound of gunfire in formation and neutralize the shooter as quickly as possible. there has been widespread adoption of high - strength body armor and patrol rifles by police departments across the united states in response to the increased active shooter threat. their goal is to stop the shooter at all costs ; they are to walk past wounded victims, as the aim is to prevent the shooter from killing or wounding more. dave cullen has stated : " the active protocol has proved successful at numerous shootings... at virginia tech alone, it probably saved dozens of lives. " the russian prosecutor general's office actively sought to deter incitement to commit such copycat attacks. on 2 february 2022, with
the police told him, " we had no choice but to investigate. " = = = another cases = = = a female private tutor was sentenced to 10 years in prison in the first trial in 2018 for raping two male students between 2016 - 2017, but she was later acquitted on appeal after it was revealed that the male students had made false accusations. in april 2024, there was an incident where a mixed - race korean - japanese youtuber was falsely accused of sexual crime by a south korean cosplayer. the youtuber said that the cosplayer also asked him for 80 million won. the youtuber was only able to be cleared of charges after a police investigation concluded that he doesn't have allegation. = = police handling of rape reports = = surveys of police and prosecutors find that many in law enforcement consistently over - estimate the prevalence of false accusations, leading to what some researchers have characterized as a culture of skepticism toward accusers in sexual assault cases. in 2018, lesley mcmillan analysed police perception of likelihood of false reporting of rape. she concluded that although police anticipated 5 % to 95 % of claims were likely to be false, no more than 3 - 4 % could have been fabricated. = = possible effects of media representation = = there are studies about the extent which the media affects the public perception of false rape accusations. incorrect assumptions about false rape allegations increases the likelihood that a person who reports rape will be blamed or disbelieved. megan sacks in deviant behavior says that the media perpetuates rape myths when reporting on sexual assaults. rapes that are reported in news media are typically sensational and do not often correspond with the reality of most rapes. for example, the majority of sexual assaults are committed by someone the person knows as opposed to a stranger. sacks says, the media also normalizes sexual violence in general, often blames the person who reported the assault, and commonly expresses sympathy for the alleged perpetrators instead of the victim. laura niemi, a postdoctoral psychology associate at harvard university, speculated that mythologizing of rape could contribute to the idea that " no normal person " could rape. as a result, the people commonly had a difficult time believing someone they know or like is a rapist, and this could contribute to the idea that the person who reported the rape is at fault. in the european journal of psychology applied to legal context, andre de zutter and a team described how false rape allegations often resemble stories of rape portrayed in the media, which are not typical
happens or creating a symbol where green crime is black. reading race through an image is one of beneficial approach to see how racism pictured through an images of eco - crime. moreover, the meaning of green also deducted by media. media advertisement tend to use all the so called " go green " to sell the product even though the product is not really a sustainable product and not environmentally friendly. this act by media to advertise their product to increase selling by sabotaging the " go green " movement is called'greenwashing '. criminologist and media should study and create a focus on how the media portrays eco - crime to provide an equal information free from bias be it gender and race as well as eager to pay an attention towards green offender ( e. g. corporations which violate environmental laws ). = = green criminological theory = = it is often noted that green criminology is interdisciplinary and as a result, lacks its own unique theory or any preferred theoretical approach. moreover, significant portions of the green criminological literature are qualitative and descriptive, and those studies have generally not proposed a unique or unifying theory. despite this general lack of a singular theory, some of the approaches noted above indicate certain theoretical preferences. for example, as noted, the political economic approach to green criminology develops explanations of green crime, victimization and environmental justice consistent with several existing strains of political economic analysis. beirne's approach takes an interdisciplinary view of theory with respect to various animal rights models and arguments. clarke's rational choice models of animal poaching and trafficking build on the rational choice tradition found within the criminological literature. to date, these different theoretical approaches have not been examined as competing explanations for green crime and justice, a situation that is found with respect to orthodox or traditional criminological theories of street crime. = = references = = = = external links = = meredith l. gore on conservation criminology
the parents of a teenager who had taken part in screening. the suit alleged that the screening had taken place without parents'permissions. the complaint led to a change in how parental consent was handled by teenscreen sites. in 2006, the program's policy was amended so that active rather than passive consent was required from parents before screening adolescents in a school setting. = = references = = = = external links = = national registry of evidence based programs and practice
Answer:
|
granted, because Green's privacy was unreasonably invaded.
| null |
Suspecting that students were using narcotics, the president of a private college arranged for local police to place concealed microphones in several suites of the dormitory. Using these microphones, the college security officers recorded a conversation in which Green, a student, offered to sell marijuana to another student. The tape was turned over to the local police, who played it for a local judge. The judge issued a warrant to search Green's room. The room was searched by police, and marijuana was discovered. Green is charged with unlawful possession of narcotics. At trial, Green's motion to prevent the introduction of the marijuana into evidence will most probably be
0. denied, because the college president, in loco parentis, had the responsibility of preventing unlawful activity by students under the president's supervision.
1. denied, because there was probable cause to make the search and police obtained a warrant before commencing the search.
2. granted, because Green's privacy was unreasonably invaded.
3. granted, because the electronic surveillance was "fundamentally unfair.
of america sent out numerous dmca takedown notices, and there was a massive internet backlash triggered by the perceived impact of such notices on fair use and free speech. = = = forced disclosure of encryption keys = = = in the united kingdom, the regulation of investigatory powers act gives uk police the powers to force suspects to decrypt files or hand over passwords that protect encryption keys. failure to comply is an offense in its own right, punishable on conviction by a two - year jail sentence or up to five years in cases involving national security. successful prosecutions have occurred under the act ; the first, in 2009, resulted in a term of 13 months'imprisonment. similar forced disclosure laws in australia, finland, france, and india compel individual suspects under investigation to hand over encryption keys or passwords during a criminal investigation. in the united states, the federal criminal case of united states v. fricosu addressed whether a search warrant can compel a person to reveal an encryption passphrase or password. the electronic frontier foundation ( eff ) argued that this is a violation of the protection from self - incrimination given by the fifth amendment. in 2012, the court ruled that under the all writs act, the defendant was required to produce an unencrypted hard drive for the court. in many jurisdictions, the legal status of forced disclosure remains unclear. the 2016 fbi β apple encryption dispute concerns the ability of courts in the united states to compel manufacturers'assistance in unlocking cell phones whose contents are cryptographically protected. as a potential counter - measure to forced disclosure some cryptographic software supports plausible deniability, where the encrypted data is indistinguishable from unused random data ( for example such as that of a drive which has been securely wiped ). = = see also = = collision attack comparison of cryptography libraries cryptovirology β securing and encrypting virology crypto wars β attempts to limit access to strong cryptography encyclopedia of cryptography and security β book by technische universiteit eindhoven global surveillance β mass surveillance across national borders indistinguishability obfuscation β type of cryptographic software obfuscation information theory β scientific study of digital information outline of cryptography list of cryptographers β a list of historical mathmaticians list of multiple discoveries list of unsolved problems in computer science β list of unsolved computational problems pre - shared key β method to set encryption keys secure cryptoproces
adopted in schools has been implemented too harshly, however, with unintended consequences creating other problems. in addition to this, the shooting also affected student speech rights. school officials became more concerned about student expression, mainly if it was violent or threatening, which put students'first amendment rights at risk. there have been legal battles over students'rights to free expression, as different judges have had varying interpretations of what constitutes a genuine threat and how much discretion school officials should have in regulating student speech. this has made it a complex issue for schools and courts to balance safety and freedom of expression. = = police tactics = = police departments have reassessed their tactics and have since trained for columbine - like situations after criticism over the slow response and progress of the swat teams during the shooting. first responders face numerous challenges when entering situations like this. in a similar incident, a police department had to deal with over 1500 misleading calls to the dispatch center during the first two hours of the incident, which underscores the difficulties that law enforcement officials face in managing misinformation distractions during active shooter incidents. training has been increased and now includes quick deployment rules while schools are rethinking emergency policies. the pacifica ca police department has created a tactical playbook that gives planning and equips responders with strategic direction for coordinating responses between agencies when facing mass violence. police followed a traditional tactic at columbine : surround the building, set up a perimeter, and contain the damage. that approach has been replaced by a tactic known as the immediate action rapid deployment tactic. this tactic calls for a team to advance into the site of any ongoing shooting, but even with just a single officer if more are not available. in fact, the majority of active shooters are stopped by a single officer. police officers using this tactic are trained to move toward the sound of gunfire in formation and neutralize the shooter as quickly as possible. there has been widespread adoption of high - strength body armor and patrol rifles by police departments across the united states in response to the increased active shooter threat. their goal is to stop the shooter at all costs ; they are to walk past wounded victims, as the aim is to prevent the shooter from killing or wounding more. dave cullen has stated : " the active protocol has proved successful at numerous shootings... at virginia tech alone, it probably saved dozens of lives. " the russian prosecutor general's office actively sought to deter incitement to commit such copycat attacks. on 2 february 2022, with
the police told him, " we had no choice but to investigate. " = = = another cases = = = a female private tutor was sentenced to 10 years in prison in the first trial in 2018 for raping two male students between 2016 - 2017, but she was later acquitted on appeal after it was revealed that the male students had made false accusations. in april 2024, there was an incident where a mixed - race korean - japanese youtuber was falsely accused of sexual crime by a south korean cosplayer. the youtuber said that the cosplayer also asked him for 80 million won. the youtuber was only able to be cleared of charges after a police investigation concluded that he doesn't have allegation. = = police handling of rape reports = = surveys of police and prosecutors find that many in law enforcement consistently over - estimate the prevalence of false accusations, leading to what some researchers have characterized as a culture of skepticism toward accusers in sexual assault cases. in 2018, lesley mcmillan analysed police perception of likelihood of false reporting of rape. she concluded that although police anticipated 5 % to 95 % of claims were likely to be false, no more than 3 - 4 % could have been fabricated. = = possible effects of media representation = = there are studies about the extent which the media affects the public perception of false rape accusations. incorrect assumptions about false rape allegations increases the likelihood that a person who reports rape will be blamed or disbelieved. megan sacks in deviant behavior says that the media perpetuates rape myths when reporting on sexual assaults. rapes that are reported in news media are typically sensational and do not often correspond with the reality of most rapes. for example, the majority of sexual assaults are committed by someone the person knows as opposed to a stranger. sacks says, the media also normalizes sexual violence in general, often blames the person who reported the assault, and commonly expresses sympathy for the alleged perpetrators instead of the victim. laura niemi, a postdoctoral psychology associate at harvard university, speculated that mythologizing of rape could contribute to the idea that " no normal person " could rape. as a result, the people commonly had a difficult time believing someone they know or like is a rapist, and this could contribute to the idea that the person who reported the rape is at fault. in the european journal of psychology applied to legal context, andre de zutter and a team described how false rape allegations often resemble stories of rape portrayed in the media, which are not typical
happens or creating a symbol where green crime is black. reading race through an image is one of beneficial approach to see how racism pictured through an images of eco - crime. moreover, the meaning of green also deducted by media. media advertisement tend to use all the so called " go green " to sell the product even though the product is not really a sustainable product and not environmentally friendly. this act by media to advertise their product to increase selling by sabotaging the " go green " movement is called'greenwashing '. criminologist and media should study and create a focus on how the media portrays eco - crime to provide an equal information free from bias be it gender and race as well as eager to pay an attention towards green offender ( e. g. corporations which violate environmental laws ). = = green criminological theory = = it is often noted that green criminology is interdisciplinary and as a result, lacks its own unique theory or any preferred theoretical approach. moreover, significant portions of the green criminological literature are qualitative and descriptive, and those studies have generally not proposed a unique or unifying theory. despite this general lack of a singular theory, some of the approaches noted above indicate certain theoretical preferences. for example, as noted, the political economic approach to green criminology develops explanations of green crime, victimization and environmental justice consistent with several existing strains of political economic analysis. beirne's approach takes an interdisciplinary view of theory with respect to various animal rights models and arguments. clarke's rational choice models of animal poaching and trafficking build on the rational choice tradition found within the criminological literature. to date, these different theoretical approaches have not been examined as competing explanations for green crime and justice, a situation that is found with respect to orthodox or traditional criminological theories of street crime. = = references = = = = external links = = meredith l. gore on conservation criminology
the parents of a teenager who had taken part in screening. the suit alleged that the screening had taken place without parents'permissions. the complaint led to a change in how parental consent was handled by teenscreen sites. in 2006, the program's policy was amended so that active rather than passive consent was required from parents before screening adolescents in a school setting. = = references = = = = external links = = national registry of evidence based programs and practice
Answer:
|
denied, because the college president, in loco parentis, had the responsibility of preventing unlawful activity by students under the president's supervision.
| 0.3 |
Tom had a heart ailment so serious that his doctors had concluded that only a heart transplant could save his life. They therefore arranged to have him flown to Big City to have the operation performed. Dan, Tom's nephew, who stood to inherit from him, poisoned him. The poison produced a reaction which required postponing the journey. The plane on which Tom was to have flown crashed, and all aboard were killed. By the following day, Tom's heart was so weakened by the effects of the poison that he suffered a heart attack and died. If charged with criminal homicide, Dan should be found
0. guilty.
1. not guilty, because his act did not hasten the deceased's death, but instead prolonged it by one day.
2. not guilty, because the deceased was already suffering from a fatal illness.
3. not guilty, because the poison was not the sole cause of deat
##hey's body in the atlantic ocean. sante kimes and her son kenneth were convicted of the murder of irene silverman, whose body was never found. they were also both suspects in another murder in the bahamas where the body was never located. kenneth eventually confessed to both murders but sante kimes maintained her innocence until she died in prison in 2014. in may 1999, the new zealand high court convicted scott watson of the murder of ben smart and olivia hope. their bodies have never been found. = = = 2000s = = = in 2000, prosecutors in orange county secured new york state's first - ever bodyless murder conviction. gregory chrysler and lawrence weygant were found guilty of beating coworker dominick pendino to death with a baseball bat and disposing of his body. they mistakenly believed pendino had given police the tip that had led to their arrest on drug - dealing charges. they relied on eyewitness testimony from a former girlfriend and police informant, as well as forensic evidence showing that enough of pendino's blood stained a car seat for him to have died without immediate medical attention. neither the body nor the bat have been recovered : chrysler and weygant are still in prison and refuse to say where the remains are, despite pleas from pendino's family. also in 2000, gabriel gomez was found guilty in los angeles county, california, united states, of murdering his half - sister sandra rosas, the wife of musician cesar rosas. gomez was convicted without sandra's body having been found, on the basis of her suspicious disappearance and her blood being found in his vehicle. after his conviction, gomez led police to her remains. in june 2001, essex teenager danielle jones went missing. despite her body never being found, circumstantial evidence was provided by forensic analysis of text messages sent by her uncle stuart campbell, who was convicted of her murder 18 months later. police determined that campbell had sent messages from jones's phone to his own after she disappeared, to make it appear that she was still alive, and noted that the spelling of several words changed after she was reported missing. their suspicions were supported by records showing that campbell's and jones's phones were close to each other when the messages were sent. in october 2001, in neuburg an der donau, germany, rudolf rupp vanished. he drank excessively, and was not well - liked. his wife, their two daughters and the elder daughter's fiance
. this caused an uproar among professional statisticians, whose criticisms were twofold : = = = the prosecutor's fallacy = = = firstly, meadow was accused of espousing the so - called prosecutor's fallacy in which the probability of " cause given effect " ( i. e. the true likelihood of a suspect's innocence ) is confused with that of " effect given cause " ( the likelihood that innocence will result in the observed double - cot - death ). in reality, these quantities can only be equated when the likelihood of the alternative hypothesis, in this case murder, is close to certainty. since murder ( and especially double murder ) is itself a rare event, the probability of clark's innocence was certainly far greater than meadow's figure suggested. an equivalent error is to accuse anybody who wins a lottery of fraud. = = = statistical independence = = = the second criticism was that meadow's calculation had assumed that cot deaths within a single family were statistically independent events, governed by a probability common to the entire affluent non - smoking population. no account had been taken of conditions specific to individual families ( such as a hypothesised " cot death gene " ) which might make some more vulnerable than others. the occurrence of one cot - death makes it likely that such conditions exist, and the probability of subsequent deaths is therefore greater than the group average ( estimates are mostly in the region of 1 : 100 ). combining these corrections with estimates of successive murder probabilities by affluent non - smokers, mathematics professor ray hill found that the probability of clark's guilt could be as low as 10 % ( based solely on the fact of two unexplained child deaths, and before any other evidence was considered ). in any case, a legal verdict is not to be rendered on the basis of statistics ; hill wrote, " guilt must be proved on the basis of forensic and other evidence and not on the basis of these statistics alone. my own personal view that she is innocent is based on my subjective assessment of all the aspects ". = = see also = = kathleen folbigg sally clark carol matthey = = references = =
, law student sunny ang was hanged in changi prison on 6 february 1967 for the alleged murder of his girlfriend during a scuba diving trip near sisters'islands. he was convicted purely based on circumstantial evidence and without a body, as his girlfriend's corpse was lost at sea and never found. francis seow, prosecuting, said in his opening statement, " this is an unusual case insofar as singapore, or for that matter malaysia, is concerned. this is the first case of its kind to be tried in our courts that there is no body. " but he said that it would not mean that crafty killers would get away with murder and escape the brunt of the law. it would only mean that the burden of proof of the prosecution was higher, a burden which was eventually met and led to ang's conviction. = = other modern cases = = = = = 1980s = = = in 1984, mark tildesley, a seven - year - old schoolboy, disappeared after leaving his home to go to the fairground in wokingham, england. in 1990, it emerged that on the night he disappeared, tildesley had been abducted, drugged, tortured, raped and murdered by a london - based paedophile gang led by sidney cooke. leslie bailey was charged with murder in 1991 and the following year was given two life sentences. bailey was murdered in prison by other inmates shortly afterwards. the murder of catrine da costa centered on the limits of the necessity of a physical body to determine whether murder has been committed. as the remains of da costa's body lacked certain vital organs, making a determination of the case as one of murder, absent a confession, as seemingly impossible, although evidence suggested she had been dismembered by two alleged culprits. following conviction and retrial for murder, both suspects were acquitted as, due to the cause of death being impossible to determine, a " natural " or non - homicidal cause could not be ruled out. in june 1985, bournemouth woman carole packman vanished from her family home. her husband, russell causley, claimed that she had left and did not want to be contacted. he later attempted to fake his own death in a Β£1 million life insurance fraud, after which the police investigated his role in packman's disappearance. causley was eventually convicted of the murder in 1996 that conviction was quashed on appeal in 2003, but after a retrial in 2004, he was again convicted
- deaths are due to munchausen syndrome by proxy than to such a rare accident. however, there is good reason to suppose that the likelihood of a death from sids in a family is significantly greater if a previous child has already died in these circumstances, ( a genetic predisposition to sids is likely to invalidate that assumed statistical independence ) making some families more susceptible to sids and the error an outcome of the ecological fallacy. the likelihood of two sids deaths in the same family cannot be soundly estimated by squaring the likelihood of a single such death in all otherwise similar families. the 1 - in - 73 million figure greatly underestimated the chance of two successive accidents, but even if that assessment were accurate, the court seems to have missed the fact that the 1 - in - 73 million number meant nothing on its own. as an a priori probability, it should have been weighed against the a priori probabilities of the alternatives. given that two deaths had occurred, one of the following explanations must be true, and all of them are a priori extremely improbable : two successive deaths in the same family, both by sids double homicide ( the prosecution's case ) other possibilities ( including one homicide and one case of sids ) it is unclear whether an estimate of the probability for the second possibility was ever proposed during the trial, or whether the comparison of the first two probabilities was understood to be the key estimate to make in the statistical analysis assessing the prosecution's case against the case for innocence. clark was convicted in 1999, resulting in a press release by the royal statistical society which pointed out the mistakes. in 2002, ray hill ( a mathematics professor at salford ) attempted to accurately compare the chances of these two possible explanations ; he concluded that successive accidents are between 4. 5 and 9 times more likely than are successive murders, so that the a priori odds of clark's guilt were between 4. 5 to 1 and 9 to 1 against. after the court found that the forensic pathologist who had examined both babies had withheld exculpatory evidence, a higher court later quashed clark's conviction, on 29 january 2003. = = findings in psychology = = in experiments, people have been found to prefer individuating information over general information when the former is available. in some experiments, students were asked to estimate the grade point averages ( gpas ) of hypothetical students. when given relevant statistics about gpa distribution, students tended to ignore
a normal individual into an impulsive and emotionally labile criminal. the defense team had his client's brain scanned, which revealed malfunctioning of the prefrontal cortex. at the end the jury believed that bustamante's brain was not normal and spared him from the death penalty. = = = donta page = = = in 1999, page robbed, raped and killed a female student in denver. he later was found guilty of first - degree murder and was a candidate for the death penalty. professor a. raine from the university of pennsylvania was an expert witness for defense and brought page into a laboratory to assess his brain function. brain imaging scans revealed a distinct lack of activation in the ventral prefrontal cortex. professor raine argued for a deep - rooted biological explanation for mr. page's violence, who escaped death penalty partly on the basis of his brain pathology. = = crime prevention = = even though currently there are no preventive programs in place utilizing the recent discoveries in neurocriminology, there are a number of offender rehabilitation programs ( cognitive centre of canada ). = = = decisions based on brain imaging = = = some scientists propose using brain imaging to help decide which soon - to - be - released offenders are at greater risk for reoffending. the brain imaging data would be used along with common factors like age, prior arrests, and marital status. to support this idea, in a 2013 study, professor kent kiehl from the university of new mexico studying the population of 96 male offenders in the state's prisons found that offenders with low activity in the anterior cingulate cortex where twice as likely to commit an offense in the four years after their release as those who had high activity in this region. similarly, dustin pardini conducted that which shows that men with a smaller amygdala are three times more likely to commit violence three years after their release. = = = neurochemistry = = = trials demonstrated the efficacy of a number of medications, i. e. stimulants antipsychotics, antidepressants and mood stabilizers, in diminishing aggression in adolescents and children. even a simple omega - 3 supplements in the diets of young offenders reduces offending and aggression. however, drug treatment is subject to vary based on biological and environmental influences. variation in genes predisposes differences in biological systems and brain structure and function within individuals, influencing outcomes. = = = meditation = = = meditation can also affect brains, and even change
Answer:
|
guilty.
| null |
Tom had a heart ailment so serious that his doctors had concluded that only a heart transplant could save his life. They therefore arranged to have him flown to Big City to have the operation performed. Dan, Tom's nephew, who stood to inherit from him, poisoned him. The poison produced a reaction which required postponing the journey. The plane on which Tom was to have flown crashed, and all aboard were killed. By the following day, Tom's heart was so weakened by the effects of the poison that he suffered a heart attack and died. If charged with criminal homicide, Dan should be found
0. guilty.
1. not guilty, because his act did not hasten the deceased's death, but instead prolonged it by one day.
2. not guilty, because the deceased was already suffering from a fatal illness.
3. not guilty, because the poison was not the sole cause of deat
##hey's body in the atlantic ocean. sante kimes and her son kenneth were convicted of the murder of irene silverman, whose body was never found. they were also both suspects in another murder in the bahamas where the body was never located. kenneth eventually confessed to both murders but sante kimes maintained her innocence until she died in prison in 2014. in may 1999, the new zealand high court convicted scott watson of the murder of ben smart and olivia hope. their bodies have never been found. = = = 2000s = = = in 2000, prosecutors in orange county secured new york state's first - ever bodyless murder conviction. gregory chrysler and lawrence weygant were found guilty of beating coworker dominick pendino to death with a baseball bat and disposing of his body. they mistakenly believed pendino had given police the tip that had led to their arrest on drug - dealing charges. they relied on eyewitness testimony from a former girlfriend and police informant, as well as forensic evidence showing that enough of pendino's blood stained a car seat for him to have died without immediate medical attention. neither the body nor the bat have been recovered : chrysler and weygant are still in prison and refuse to say where the remains are, despite pleas from pendino's family. also in 2000, gabriel gomez was found guilty in los angeles county, california, united states, of murdering his half - sister sandra rosas, the wife of musician cesar rosas. gomez was convicted without sandra's body having been found, on the basis of her suspicious disappearance and her blood being found in his vehicle. after his conviction, gomez led police to her remains. in june 2001, essex teenager danielle jones went missing. despite her body never being found, circumstantial evidence was provided by forensic analysis of text messages sent by her uncle stuart campbell, who was convicted of her murder 18 months later. police determined that campbell had sent messages from jones's phone to his own after she disappeared, to make it appear that she was still alive, and noted that the spelling of several words changed after she was reported missing. their suspicions were supported by records showing that campbell's and jones's phones were close to each other when the messages were sent. in october 2001, in neuburg an der donau, germany, rudolf rupp vanished. he drank excessively, and was not well - liked. his wife, their two daughters and the elder daughter's fiance
. this caused an uproar among professional statisticians, whose criticisms were twofold : = = = the prosecutor's fallacy = = = firstly, meadow was accused of espousing the so - called prosecutor's fallacy in which the probability of " cause given effect " ( i. e. the true likelihood of a suspect's innocence ) is confused with that of " effect given cause " ( the likelihood that innocence will result in the observed double - cot - death ). in reality, these quantities can only be equated when the likelihood of the alternative hypothesis, in this case murder, is close to certainty. since murder ( and especially double murder ) is itself a rare event, the probability of clark's innocence was certainly far greater than meadow's figure suggested. an equivalent error is to accuse anybody who wins a lottery of fraud. = = = statistical independence = = = the second criticism was that meadow's calculation had assumed that cot deaths within a single family were statistically independent events, governed by a probability common to the entire affluent non - smoking population. no account had been taken of conditions specific to individual families ( such as a hypothesised " cot death gene " ) which might make some more vulnerable than others. the occurrence of one cot - death makes it likely that such conditions exist, and the probability of subsequent deaths is therefore greater than the group average ( estimates are mostly in the region of 1 : 100 ). combining these corrections with estimates of successive murder probabilities by affluent non - smokers, mathematics professor ray hill found that the probability of clark's guilt could be as low as 10 % ( based solely on the fact of two unexplained child deaths, and before any other evidence was considered ). in any case, a legal verdict is not to be rendered on the basis of statistics ; hill wrote, " guilt must be proved on the basis of forensic and other evidence and not on the basis of these statistics alone. my own personal view that she is innocent is based on my subjective assessment of all the aspects ". = = see also = = kathleen folbigg sally clark carol matthey = = references = =
, law student sunny ang was hanged in changi prison on 6 february 1967 for the alleged murder of his girlfriend during a scuba diving trip near sisters'islands. he was convicted purely based on circumstantial evidence and without a body, as his girlfriend's corpse was lost at sea and never found. francis seow, prosecuting, said in his opening statement, " this is an unusual case insofar as singapore, or for that matter malaysia, is concerned. this is the first case of its kind to be tried in our courts that there is no body. " but he said that it would not mean that crafty killers would get away with murder and escape the brunt of the law. it would only mean that the burden of proof of the prosecution was higher, a burden which was eventually met and led to ang's conviction. = = other modern cases = = = = = 1980s = = = in 1984, mark tildesley, a seven - year - old schoolboy, disappeared after leaving his home to go to the fairground in wokingham, england. in 1990, it emerged that on the night he disappeared, tildesley had been abducted, drugged, tortured, raped and murdered by a london - based paedophile gang led by sidney cooke. leslie bailey was charged with murder in 1991 and the following year was given two life sentences. bailey was murdered in prison by other inmates shortly afterwards. the murder of catrine da costa centered on the limits of the necessity of a physical body to determine whether murder has been committed. as the remains of da costa's body lacked certain vital organs, making a determination of the case as one of murder, absent a confession, as seemingly impossible, although evidence suggested she had been dismembered by two alleged culprits. following conviction and retrial for murder, both suspects were acquitted as, due to the cause of death being impossible to determine, a " natural " or non - homicidal cause could not be ruled out. in june 1985, bournemouth woman carole packman vanished from her family home. her husband, russell causley, claimed that she had left and did not want to be contacted. he later attempted to fake his own death in a Β£1 million life insurance fraud, after which the police investigated his role in packman's disappearance. causley was eventually convicted of the murder in 1996 that conviction was quashed on appeal in 2003, but after a retrial in 2004, he was again convicted
- deaths are due to munchausen syndrome by proxy than to such a rare accident. however, there is good reason to suppose that the likelihood of a death from sids in a family is significantly greater if a previous child has already died in these circumstances, ( a genetic predisposition to sids is likely to invalidate that assumed statistical independence ) making some families more susceptible to sids and the error an outcome of the ecological fallacy. the likelihood of two sids deaths in the same family cannot be soundly estimated by squaring the likelihood of a single such death in all otherwise similar families. the 1 - in - 73 million figure greatly underestimated the chance of two successive accidents, but even if that assessment were accurate, the court seems to have missed the fact that the 1 - in - 73 million number meant nothing on its own. as an a priori probability, it should have been weighed against the a priori probabilities of the alternatives. given that two deaths had occurred, one of the following explanations must be true, and all of them are a priori extremely improbable : two successive deaths in the same family, both by sids double homicide ( the prosecution's case ) other possibilities ( including one homicide and one case of sids ) it is unclear whether an estimate of the probability for the second possibility was ever proposed during the trial, or whether the comparison of the first two probabilities was understood to be the key estimate to make in the statistical analysis assessing the prosecution's case against the case for innocence. clark was convicted in 1999, resulting in a press release by the royal statistical society which pointed out the mistakes. in 2002, ray hill ( a mathematics professor at salford ) attempted to accurately compare the chances of these two possible explanations ; he concluded that successive accidents are between 4. 5 and 9 times more likely than are successive murders, so that the a priori odds of clark's guilt were between 4. 5 to 1 and 9 to 1 against. after the court found that the forensic pathologist who had examined both babies had withheld exculpatory evidence, a higher court later quashed clark's conviction, on 29 january 2003. = = findings in psychology = = in experiments, people have been found to prefer individuating information over general information when the former is available. in some experiments, students were asked to estimate the grade point averages ( gpas ) of hypothetical students. when given relevant statistics about gpa distribution, students tended to ignore
a normal individual into an impulsive and emotionally labile criminal. the defense team had his client's brain scanned, which revealed malfunctioning of the prefrontal cortex. at the end the jury believed that bustamante's brain was not normal and spared him from the death penalty. = = = donta page = = = in 1999, page robbed, raped and killed a female student in denver. he later was found guilty of first - degree murder and was a candidate for the death penalty. professor a. raine from the university of pennsylvania was an expert witness for defense and brought page into a laboratory to assess his brain function. brain imaging scans revealed a distinct lack of activation in the ventral prefrontal cortex. professor raine argued for a deep - rooted biological explanation for mr. page's violence, who escaped death penalty partly on the basis of his brain pathology. = = crime prevention = = even though currently there are no preventive programs in place utilizing the recent discoveries in neurocriminology, there are a number of offender rehabilitation programs ( cognitive centre of canada ). = = = decisions based on brain imaging = = = some scientists propose using brain imaging to help decide which soon - to - be - released offenders are at greater risk for reoffending. the brain imaging data would be used along with common factors like age, prior arrests, and marital status. to support this idea, in a 2013 study, professor kent kiehl from the university of new mexico studying the population of 96 male offenders in the state's prisons found that offenders with low activity in the anterior cingulate cortex where twice as likely to commit an offense in the four years after their release as those who had high activity in this region. similarly, dustin pardini conducted that which shows that men with a smaller amygdala are three times more likely to commit violence three years after their release. = = = neurochemistry = = = trials demonstrated the efficacy of a number of medications, i. e. stimulants antipsychotics, antidepressants and mood stabilizers, in diminishing aggression in adolescents and children. even a simple omega - 3 supplements in the diets of young offenders reduces offending and aggression. however, drug treatment is subject to vary based on biological and environmental influences. variation in genes predisposes differences in biological systems and brain structure and function within individuals, influencing outcomes. = = = meditation = = = meditation can also affect brains, and even change
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not guilty, because the deceased was already suffering from a fatal illness.
| 0.3 |
In which of the following situations is Defendant most likely to be not guilty of the charge made?
0. Police arrested Thief and recovered goods he had stolen. At the direction of the police, Thief took the goods to Defendant. Defendant, believing the goods to be stolen, purchased them. Defendant is charged with attempting to receive stolen property.
1. Defendant misrepresented his identity to secure a loan from a bank. The banker was not deceived and refused to grant the loan. Defendant is charged with attempting to obtain property by false pretenses.
2. Believing that state law made it a crime to purchase codeine without a prescription, Defendant purchased, without a prescription, cough syrup containing codeine. Unknown to Defendant, the statute had been repealed and codeine could be legally purchased without a prescription. Defendant is charged with attempting to purchase codeine without a prescription.
3. Defendant, intending to kill Selma, shot at Selma. Unknown to Defendant, Selma had died of a heart attack minutes before Defendant shot at her. Defendant is charged with attempted murder.
crimes, it is simply a lack of priority in current enforcement strategies that encourages such widespread public disobedience which, in all likelihood, would increase if the behavior was to be decriminalized. = = specific examples = = meier and geis ( 1997 ) contrast the view that prostitution and drug offenses are crimes without victims, with the view that the participants involved are victims without crimes. the use of the term " public - order crime " grew out of the research to test the hypothesis underlying the term " victimless crime ". so - called victimless crimes or crimes without victims were tested to determine whether a case could be argued that the behaviour produced harmful consequences for innocent people ( p19 ) recognising that there was substantial disagreement both about the degree of culpability inherent in the behaviour and the proper role for the law. consequently, the effectiveness and scope of the law has proved limited, both creating and solving problems. the following are examples of the research findings used to construct arguments that there are victims. it is accepted that there are other arguments that many consider equally convincing ( as an example ). = = = prostitution = = = = = = drugs = = = the use of drugs for religious and recreational purposes is historically verified among a wide range of cultures. in more modern times, inciardi ( 1992 : 1 β 17 ) reports that the use of opium, cocaine, and, later, morphine were common ingredients of patent medicines, and " opium dens " were not uncommon in the larger urban areas. extracts from the coca leaf were included in the original coca - cola and, in 1900, heroin was promoted as a cough medication and a treatment for lung diseases. but problems flowing from addiction led many to perceive the drug element of medications to be morally destructive. in the united states, the supreme court decisions of webb et al. v u. s. 249 u. s. 96 ( 1919 ) and u. s. v behrman 258 u. s. 280 ( 1922 ) drove the use of narcotics underground and consolidated their criminal status. in the terms adopted by schur ( 1965 ), drug dealing is now victimless because neither the buyer nor the seller is likely to report it. the consumption of some drugs can damage the health of users causing indirect societal cost due to increased hospitalizations and, in some cases, cause death through overdose because substitution or poor quality, although this potential for harm may be operationally indistinct from the potentials for harm associated with other noncriminal
##s. = = = example 4 : biological testing of a suspect = = = a crime is committed. forensic analysis determines that the perpetrator has a certain blood type shared by 10 % of the population. a suspect is arrested, and found to have that same blood type. a prosecutor might charge the suspect with the crime on that basis alone, and claim at trial that the probability that the defendant is guilty is 90 %. however, this conclusion is only close to correct if the defendant was selected as the main suspect based on robust evidence discovered prior to the blood test and unrelated to it. otherwise, the reasoning presented is flawed, as it overlooks the high prior probability ( that is, prior to the blood test ) that he is a random innocent person. assume, for instance, that 1000 people live in the town where the crime occurred. this means that 100 people live there who have the perpetrator's blood type, of whom only one is the true perpetrator ; therefore, the true probability that the defendant is guilty β based only on the fact that his blood type matches that of the killer β is only 1 %, far less than the 90 % argued by the prosecutor. the prosecutor's fallacy involves assuming that the prior probability of a random match is equal to the probability that the defendant is innocent. when using it, a prosecutor questioning an expert witness may ask : " the odds of finding this evidence on an innocent man are so small that the jury can safely disregard the possibility that this defendant is innocent, correct? " the claim assumes that the probability that evidence is found on an innocent man is the same as the probability that a man is innocent given that evidence was found on him, which is not true. whilst the former is usually small ( 10 % in the previous example ) due to good forensic evidence procedures, the latter ( 99 % in that example ) does not directly relate to it and will often be much higher, since, in fact, it depends on the likely quite high prior odds of the defendant being a random innocent person. = = examples in law = = = = = o. j. simpson trial = = = o. j. simpson was tried and acquitted in 1995 for the murders of his ex - wife nicole brown simpson and her friend ronald goldman. crime scene blood matched simpson's with characteristics shared by 1 in 400 people. however, the defense argued that the number of people from los angeles matching the sample could fill a football stadium and that the figure of 1 in 400 was useless. it
indirect societal cost due to increased hospitalizations and, in some cases, cause death through overdose because substitution or poor quality, although this potential for harm may be operationally indistinct from the potentials for harm associated with other noncriminal behaviors, such as driving a car while tired or over - consumption of healthy foods. some argue that if drugs were available legally, they would be less harmful ( see the drug policy of the netherlands ). when drugs are illegal, the price is higher, and maintaining the habit takes the money that would otherwise be spent on food, shelter, and clothing. the resultant neglect is a contributory factor to the addict's physical deterioration. in australia, walker ( 1991 ) finds a strong link between substance abuse and crime. in general, making drugs illegal results in an exponential increase in their price so that addicts must indulge in theft, robbery, and burglary to support their habits. those people who experience those crimes are indirect victims of the drug sale. the need to fund addiction also drives some into distribution where they are more prone to violent attack and murder. these findings are matched elsewhere. meier and geis ( 1997 ) confirm that drug dealing is an area where victims are third parties who experience harm only indirectly through, say, losses from drug - related crime, and the costs of enforcing drug laws and of treating addiction, and the public health costs for treating illness and disease consequent on the addiction, e. g., hiv infection through using the same needles. in australia, for example, the national campaign against drug abuse ( see collins & lapsley 1991 ) gives a figure of just over $ 1. 2 billion for total costs of the abuse of illicit drugs in australia in 1988, including treatment of drug - related illness, accidents resulting from drug use / misuse, loss of productivity due to absenteeism, premature death, property crime and damage, and excluding justice system costs. conklin ( 1997 : 100 ) reports the cost of illegal drug use in the u. s. in 1989 at $ 60 billion a year, a 20 % increase over the estimate in 1985. the rise in cost to the state can only be met out of tax revenue, but the burden is not shared equally. income actually spent on drugs is displaced from purchases that would otherwise have generated sales tax and income tax revenue. similarly, the substantial profits made by the dealers is not taxed. thus, the citizens who declare income for tax purposes must pay more to offset the cost of non
market reduction approach ( mra ) is an approach to reducing crime by reducing the opportunity for thieves to fence or resell what they have stolen. = = history = = = = = early = = = in 1796, the london magistrate patrick colquhoun observed that " [ i ] t rarely happens that thieves go upon the highway, or commit burglaries, until the money they have previously acquired is exhausted, " and that "... without a safe and ready market he [ the thief ] is undone. " recognizing the key role played by dealers in stolen goods in facilitating profit from theft and motivation for offenders to steal and with an aim to influence harsher legislation and sentencing of professional fences, the american jurisprudentialist jerome hall emphasised the role of the professional fence in the marketing of stolen goods and created a typology that distinguished between professional fences, part - time dealers, and those who knowingly buy stolen goods for their own consumption. a number of ethnography studies ( e. g. klockars 1974 ; henry 1977 and steffensmeir 1986 ) hinted at the influence of the market for stolen goods upon levels of theft of certain goods. a systematic study of the various ways that stolen goods are stored, sold and bought β going beyond the previous focus upon the guilty mind and level of involvement of dealers and consumers β was conducted by mike sutton, who created a fivefold market typology based on his interviews with expert prolific thieves, inexperienced thieves, fences, drug dealers and stolen goods consumers. in 1998, the uk home office published sutton's report proposing a systematic framework for researching and tackling local stolen goods markets. = = = modern = = = current development of the market reduction approach ( mra ) has its origins in a 1995 british journal of criminology paper : supply by theft that was followed by a 1998 united kingdom government home office research study entitled handling stolen goods and theft : a market reduction approach, both written by mike sutton further work on implementing and process evaluation of the mra was conducted by schneider. described by marcus felson as "... a simple idea in an important article " and as classic research, sutton's concept of mra has had an influence upon theory and practice regarding stolen goods markets and markets for other illicit commodities. some criminologists have incorporated sutton's work on stolen goods markets to explain the issue of offenders β capacity to commit crimes. the general mra principles have influenced work beyond research into markets for theft of high
ain't nobody's business if you do : the absurdity of consensual crimes in our free country is a 1993 book by peter mcwilliams, in which he presents the history of legislation against what he feels are victimless crimes, or crimes that are committed consensually, as well as arguments for their legalization. the book is divided into five sections. part i gives a definition of victimless and consensual crime and outlines the difference between personal morality and governmentally - imposed morality. part ii presents arguments against the criminalization of victimless crimes. part iii gives a closer look into some of the individual activities which the author classifies as consensual crimes, such as prostitution and marijuana use, but which the majority of criminologists would classify as victimless. part iv gives historical examples of the treatment of consensual and victimless crimes, such as prohibition, and biblical examples. part v advises readers on what to do to change the laws. throughout the book are approximately six hundred quotations by noted thinkers on both sides of his positions ( primarily supporters ). mcwilliams presents a variety of arguments against the criminalization of victimless crimes. some are philosophical in nature : one argument is that laws against these crimes are based in religion, which violates the separation of church and state. he also claims that they are un - american, as they attempt to homogenize the country to a certain group's idea of morality, and that they create an oppressive society, restricting personal freedoms without justification. another claim is that they teach irresponsibility, by not letting people deal with the natural consequences of their actions, but rather penalizing them whether or not their actions harmed anyone else. other objections are practical : catching the " criminals " involved is an expensive affair. victimless crimes draw manpower and funds away from crimes that do hurt innocent parties, and enforcement of the laws is not consistent enough to be an effective deterrent. he also argues that actions to help people deal with problems caused by these illegal activities are effectively prevented by their criminalization β for example, no one could be helped with their drinking problems during prohibition. additionally, he details how laws against victimless crimes paved the way for organized crime. activities examined in detail in part iii include gambling, recreational drug use, medical marijuana, prostitution, homosexuality, pornography, indecent exposure, and seat belt legislation. until a few years after mcwilliams's death, the text of this book
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Believing that state law made it a crime to purchase codeine without a prescription, Defendant purchased, without a prescription, cough syrup containing codeine. Unknown to Defendant, the statute had been repealed and codeine could be legally purchased without a prescription. Defendant is charged with attempting to purchase codeine without a prescription.
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In which of the following situations is Defendant most likely to be not guilty of the charge made?
0. Police arrested Thief and recovered goods he had stolen. At the direction of the police, Thief took the goods to Defendant. Defendant, believing the goods to be stolen, purchased them. Defendant is charged with attempting to receive stolen property.
1. Defendant misrepresented his identity to secure a loan from a bank. The banker was not deceived and refused to grant the loan. Defendant is charged with attempting to obtain property by false pretenses.
2. Believing that state law made it a crime to purchase codeine without a prescription, Defendant purchased, without a prescription, cough syrup containing codeine. Unknown to Defendant, the statute had been repealed and codeine could be legally purchased without a prescription. Defendant is charged with attempting to purchase codeine without a prescription.
3. Defendant, intending to kill Selma, shot at Selma. Unknown to Defendant, Selma had died of a heart attack minutes before Defendant shot at her. Defendant is charged with attempted murder.
crimes, it is simply a lack of priority in current enforcement strategies that encourages such widespread public disobedience which, in all likelihood, would increase if the behavior was to be decriminalized. = = specific examples = = meier and geis ( 1997 ) contrast the view that prostitution and drug offenses are crimes without victims, with the view that the participants involved are victims without crimes. the use of the term " public - order crime " grew out of the research to test the hypothesis underlying the term " victimless crime ". so - called victimless crimes or crimes without victims were tested to determine whether a case could be argued that the behaviour produced harmful consequences for innocent people ( p19 ) recognising that there was substantial disagreement both about the degree of culpability inherent in the behaviour and the proper role for the law. consequently, the effectiveness and scope of the law has proved limited, both creating and solving problems. the following are examples of the research findings used to construct arguments that there are victims. it is accepted that there are other arguments that many consider equally convincing ( as an example ). = = = prostitution = = = = = = drugs = = = the use of drugs for religious and recreational purposes is historically verified among a wide range of cultures. in more modern times, inciardi ( 1992 : 1 β 17 ) reports that the use of opium, cocaine, and, later, morphine were common ingredients of patent medicines, and " opium dens " were not uncommon in the larger urban areas. extracts from the coca leaf were included in the original coca - cola and, in 1900, heroin was promoted as a cough medication and a treatment for lung diseases. but problems flowing from addiction led many to perceive the drug element of medications to be morally destructive. in the united states, the supreme court decisions of webb et al. v u. s. 249 u. s. 96 ( 1919 ) and u. s. v behrman 258 u. s. 280 ( 1922 ) drove the use of narcotics underground and consolidated their criminal status. in the terms adopted by schur ( 1965 ), drug dealing is now victimless because neither the buyer nor the seller is likely to report it. the consumption of some drugs can damage the health of users causing indirect societal cost due to increased hospitalizations and, in some cases, cause death through overdose because substitution or poor quality, although this potential for harm may be operationally indistinct from the potentials for harm associated with other noncriminal
##s. = = = example 4 : biological testing of a suspect = = = a crime is committed. forensic analysis determines that the perpetrator has a certain blood type shared by 10 % of the population. a suspect is arrested, and found to have that same blood type. a prosecutor might charge the suspect with the crime on that basis alone, and claim at trial that the probability that the defendant is guilty is 90 %. however, this conclusion is only close to correct if the defendant was selected as the main suspect based on robust evidence discovered prior to the blood test and unrelated to it. otherwise, the reasoning presented is flawed, as it overlooks the high prior probability ( that is, prior to the blood test ) that he is a random innocent person. assume, for instance, that 1000 people live in the town where the crime occurred. this means that 100 people live there who have the perpetrator's blood type, of whom only one is the true perpetrator ; therefore, the true probability that the defendant is guilty β based only on the fact that his blood type matches that of the killer β is only 1 %, far less than the 90 % argued by the prosecutor. the prosecutor's fallacy involves assuming that the prior probability of a random match is equal to the probability that the defendant is innocent. when using it, a prosecutor questioning an expert witness may ask : " the odds of finding this evidence on an innocent man are so small that the jury can safely disregard the possibility that this defendant is innocent, correct? " the claim assumes that the probability that evidence is found on an innocent man is the same as the probability that a man is innocent given that evidence was found on him, which is not true. whilst the former is usually small ( 10 % in the previous example ) due to good forensic evidence procedures, the latter ( 99 % in that example ) does not directly relate to it and will often be much higher, since, in fact, it depends on the likely quite high prior odds of the defendant being a random innocent person. = = examples in law = = = = = o. j. simpson trial = = = o. j. simpson was tried and acquitted in 1995 for the murders of his ex - wife nicole brown simpson and her friend ronald goldman. crime scene blood matched simpson's with characteristics shared by 1 in 400 people. however, the defense argued that the number of people from los angeles matching the sample could fill a football stadium and that the figure of 1 in 400 was useless. it
indirect societal cost due to increased hospitalizations and, in some cases, cause death through overdose because substitution or poor quality, although this potential for harm may be operationally indistinct from the potentials for harm associated with other noncriminal behaviors, such as driving a car while tired or over - consumption of healthy foods. some argue that if drugs were available legally, they would be less harmful ( see the drug policy of the netherlands ). when drugs are illegal, the price is higher, and maintaining the habit takes the money that would otherwise be spent on food, shelter, and clothing. the resultant neglect is a contributory factor to the addict's physical deterioration. in australia, walker ( 1991 ) finds a strong link between substance abuse and crime. in general, making drugs illegal results in an exponential increase in their price so that addicts must indulge in theft, robbery, and burglary to support their habits. those people who experience those crimes are indirect victims of the drug sale. the need to fund addiction also drives some into distribution where they are more prone to violent attack and murder. these findings are matched elsewhere. meier and geis ( 1997 ) confirm that drug dealing is an area where victims are third parties who experience harm only indirectly through, say, losses from drug - related crime, and the costs of enforcing drug laws and of treating addiction, and the public health costs for treating illness and disease consequent on the addiction, e. g., hiv infection through using the same needles. in australia, for example, the national campaign against drug abuse ( see collins & lapsley 1991 ) gives a figure of just over $ 1. 2 billion for total costs of the abuse of illicit drugs in australia in 1988, including treatment of drug - related illness, accidents resulting from drug use / misuse, loss of productivity due to absenteeism, premature death, property crime and damage, and excluding justice system costs. conklin ( 1997 : 100 ) reports the cost of illegal drug use in the u. s. in 1989 at $ 60 billion a year, a 20 % increase over the estimate in 1985. the rise in cost to the state can only be met out of tax revenue, but the burden is not shared equally. income actually spent on drugs is displaced from purchases that would otherwise have generated sales tax and income tax revenue. similarly, the substantial profits made by the dealers is not taxed. thus, the citizens who declare income for tax purposes must pay more to offset the cost of non
market reduction approach ( mra ) is an approach to reducing crime by reducing the opportunity for thieves to fence or resell what they have stolen. = = history = = = = = early = = = in 1796, the london magistrate patrick colquhoun observed that " [ i ] t rarely happens that thieves go upon the highway, or commit burglaries, until the money they have previously acquired is exhausted, " and that "... without a safe and ready market he [ the thief ] is undone. " recognizing the key role played by dealers in stolen goods in facilitating profit from theft and motivation for offenders to steal and with an aim to influence harsher legislation and sentencing of professional fences, the american jurisprudentialist jerome hall emphasised the role of the professional fence in the marketing of stolen goods and created a typology that distinguished between professional fences, part - time dealers, and those who knowingly buy stolen goods for their own consumption. a number of ethnography studies ( e. g. klockars 1974 ; henry 1977 and steffensmeir 1986 ) hinted at the influence of the market for stolen goods upon levels of theft of certain goods. a systematic study of the various ways that stolen goods are stored, sold and bought β going beyond the previous focus upon the guilty mind and level of involvement of dealers and consumers β was conducted by mike sutton, who created a fivefold market typology based on his interviews with expert prolific thieves, inexperienced thieves, fences, drug dealers and stolen goods consumers. in 1998, the uk home office published sutton's report proposing a systematic framework for researching and tackling local stolen goods markets. = = = modern = = = current development of the market reduction approach ( mra ) has its origins in a 1995 british journal of criminology paper : supply by theft that was followed by a 1998 united kingdom government home office research study entitled handling stolen goods and theft : a market reduction approach, both written by mike sutton further work on implementing and process evaluation of the mra was conducted by schneider. described by marcus felson as "... a simple idea in an important article " and as classic research, sutton's concept of mra has had an influence upon theory and practice regarding stolen goods markets and markets for other illicit commodities. some criminologists have incorporated sutton's work on stolen goods markets to explain the issue of offenders β capacity to commit crimes. the general mra principles have influenced work beyond research into markets for theft of high
ain't nobody's business if you do : the absurdity of consensual crimes in our free country is a 1993 book by peter mcwilliams, in which he presents the history of legislation against what he feels are victimless crimes, or crimes that are committed consensually, as well as arguments for their legalization. the book is divided into five sections. part i gives a definition of victimless and consensual crime and outlines the difference between personal morality and governmentally - imposed morality. part ii presents arguments against the criminalization of victimless crimes. part iii gives a closer look into some of the individual activities which the author classifies as consensual crimes, such as prostitution and marijuana use, but which the majority of criminologists would classify as victimless. part iv gives historical examples of the treatment of consensual and victimless crimes, such as prohibition, and biblical examples. part v advises readers on what to do to change the laws. throughout the book are approximately six hundred quotations by noted thinkers on both sides of his positions ( primarily supporters ). mcwilliams presents a variety of arguments against the criminalization of victimless crimes. some are philosophical in nature : one argument is that laws against these crimes are based in religion, which violates the separation of church and state. he also claims that they are un - american, as they attempt to homogenize the country to a certain group's idea of morality, and that they create an oppressive society, restricting personal freedoms without justification. another claim is that they teach irresponsibility, by not letting people deal with the natural consequences of their actions, but rather penalizing them whether or not their actions harmed anyone else. other objections are practical : catching the " criminals " involved is an expensive affair. victimless crimes draw manpower and funds away from crimes that do hurt innocent parties, and enforcement of the laws is not consistent enough to be an effective deterrent. he also argues that actions to help people deal with problems caused by these illegal activities are effectively prevented by their criminalization β for example, no one could be helped with their drinking problems during prohibition. additionally, he details how laws against victimless crimes paved the way for organized crime. activities examined in detail in part iii include gambling, recreational drug use, medical marijuana, prostitution, homosexuality, pornography, indecent exposure, and seat belt legislation. until a few years after mcwilliams's death, the text of this book
Answer:
|
Police arrested Thief and recovered goods he had stolen. At the direction of the police, Thief took the goods to Defendant. Defendant, believing the goods to be stolen, purchased them. Defendant is charged with attempting to receive stolen property.
| 0.3 |
Potts sued Dobbs on a product liability claim. Louis testified for Potts. On cross-examination, which of the following questions is the trial judge most likely to rule improper?
0. "Isn't it a fact that you are Potts' close friend?"
1. "Isn't it true that you are known in the community as ΒΒLouie the Lush' because of your addiction to alcohol?"
2. "Didn't you fail to report some income on your tax return last year?"
3. "Weren't you convicted, seven years ago in this court, of obtaining money under false pretenses?"
mitigating factor or an aggravating factor. however, most jurisdictions differentiate between voluntary intoxication and involuntary intoxication. in some cases, intoxication ( usually involuntary intoxication ) may be covered by the insanity defense. = = = withdrawal or refusal of defense = = = several cases have ruled that persons found not guilty by reason of insanity may not withdraw the defense in a habeas petition to pursue an alternative, although there have been exceptions in other rulings. in colorado v. connelly, 700 a. 2d 694 ( conn. app. ct. 1997 ), the petitioner who had originally been found not guilty by reason of insanity and committed for ten years to the jurisdiction of a psychiatric security review board, filed a pro se writ of habeas corpus and the court vacated his insanity acquittal. he was granted a new trial and found guilty of the original charges, receiving a prison sentence of 40 years. in the landmark case of frendak v. united states in 1979, the court ruled that the insanity defense cannot be imposed upon an unwilling defendant if an intelligent defendant voluntarily wishes to forgo the defense. = = usage = = this increased coverage gives the impression that the defense is widely used, but this is not the case. according to an eight - state study, the insanity defense is used in less than 1 % of all court cases and, when used, has only a 26 % success rate. of those cases that were successful, 90 % of the defendants had been previously diagnosed with mental illness. = = psychiatric treatment = = in the united states, those found to have been not guilty by reason of mental disorder or insanity are generally then required to undergo psychiatric treatment in a mental institution, except in the case of temporary insanity. in england and wales, under the criminal procedure ( insanity and unfitness to plead ) act of 1991 ( amended by the domestic violence, crime and victims act, 2004 to remove the option of a guardianship order ), the court can mandate a hospital order, a restriction order ( where release from hospital requires the permission of the home secretary ), a " supervision and treatment " order, or an absolute discharge. unlike defendants who are found guilty of a crime, they are not institutionalized for a fixed period, but rather held in the institution until they are determined not to be a threat. authorities making this decision tend to be cautious, and as a result, defendants can often be institutionalized for longer than they would have been incarcerated in prison. = =
may be illegal to market as a preventive or as a treatment for cancer, and in some jurisdictions to sell colloidal silver for consumption. in 2015 an english man was prosecuted and found guilty under the cancer act 1939 for selling colloidal silver with claims it could treat cancer. = = = fraudulent products marketed during the covid - 19 outbreak = = = the us food and drug administration has issued warning letters to firms including colloidal silver marketers for selling products with false and misleading claims to prevent, treat, mitigate, diagnose or cure coronavirus disease 2019 ( covid - 19 ). in 2020, televangelist felon jim bakker was sued by the missouri attorney general ( ag ) for marketing colloidal silver products and making false claims about their effectiveness against covid - 19. the attorney general of new york sent a cease and desist order to bakker and others about peddling the unproven products that were compared to selling " snake oil ", and the food and drug administration also warned bakker about his actions. controversial web show host, podcaster and conspiracy theorist alex jones was also warned by the new york attorney general's office to stop marketing his colloidal silver infused products ( toothpaste, mouthwash, dietary supplements, etc. ) because he made unproven claims of its ability to fend off covid - 19. = = history = = hippocrates in his writings discussed the use of silver in wound care. at the beginning of the twentieth century surgeons routinely used silver sutures to reduce the risk of infection. in the early 20th century, physicians used silver - containing eyedrops to treat ophthalmic problems, for various infections, and sometimes internally for diseases such as tropical sprue, epilepsy, gonorrhea, and the common cold. during world war i, soldiers used silver leaf to treat infected wounds. in the 1840s, founder of gynecology j. marion sims employed silver wire, which he had a jeweler fashion, as a suture in gynecological surgery. this produced very favorable results when compared with its predecessors, silk and catgut. prior to the introduction of modern antibiotics, colloidal silver was used as a germicide and disinfectant. with the development of modern antibiotics in the 1940s, the use of silver as an antimicrobial agent diminished, although it retains some use in medicinal compounds today. silver sulfadiazine ( ssd ) is a compound
than is available or necessary, resulting in a higher rate of acquittal when such evidence is absent ; and second, that jurors have greater confidence in forensic and particularly dna evidence than is warranted, resulting in a higher rate of conviction when such evidence is present. while these and other effects may be caused by crime shows, the most commonly reported effect is that jurors are wrongly acquitting defendants despite overwhelming evidence of guilt. in particular, prosecutors have reported feeling pressured to provide dna evidence even when eyewitness testimony is available. in fact, in a study of 444 prosecutors, 56 % believed the csi effect to almost always or always influence juries, and 81 % believed the csi effect to influence judges. in one highly publicized incident, los angeles county, california district attorney steve cooley blamed actor robert blake's acquittal on murder charges on the csi effect. cooley noted that the " not guilty " verdict came despite two witness accounts of blake's guilt, and claimed that the jury members were " incredibly stupid ". by 2005, some judges and prosecutors had begun altering their trial preparations and procedures in an attempt to counter the csi effect. some ask questions about crime drama television viewership during voir dire to target biased jurors. for example, in charles and drake v. state ( 2010 ), the defendants were convicted of second degree murder, and during voir dire, the judge presented a question about the csi effect. in this case, the maryland appellate court ruled the csi effect voir dire question inappropriate due to its biased language and use of the term " convict " without mention of acquittal. prosecutors have also used opening statements and closing arguments to minimize the possible impact of the csi effect. in goff v. state ( 2009 ), the prosecutor asked jurors during voir dire about their ability to render a verdict without scientific evidence, and then reminded them during closing arguments about this question. in this case, the mention of the csi effect was considered acceptable because the language used was neutral and unbiased. additionally, jury instructions have also been used as a means of informing jurors about the csi effect. in atkins v. state ( 2011 ), the jury was instructed that scientific evidence is not necessary for a case to be valid. the court ruled that this jury instruction regarding scientific evidence was improper because the state was not held to its burden of proof. furthermore, prosecutors have hired expert witnesses to explain why particular forms of physical evidence are not relevant to their cases. in
the police told him, " we had no choice but to investigate. " = = = another cases = = = a female private tutor was sentenced to 10 years in prison in the first trial in 2018 for raping two male students between 2016 - 2017, but she was later acquitted on appeal after it was revealed that the male students had made false accusations. in april 2024, there was an incident where a mixed - race korean - japanese youtuber was falsely accused of sexual crime by a south korean cosplayer. the youtuber said that the cosplayer also asked him for 80 million won. the youtuber was only able to be cleared of charges after a police investigation concluded that he doesn't have allegation. = = police handling of rape reports = = surveys of police and prosecutors find that many in law enforcement consistently over - estimate the prevalence of false accusations, leading to what some researchers have characterized as a culture of skepticism toward accusers in sexual assault cases. in 2018, lesley mcmillan analysed police perception of likelihood of false reporting of rape. she concluded that although police anticipated 5 % to 95 % of claims were likely to be false, no more than 3 - 4 % could have been fabricated. = = possible effects of media representation = = there are studies about the extent which the media affects the public perception of false rape accusations. incorrect assumptions about false rape allegations increases the likelihood that a person who reports rape will be blamed or disbelieved. megan sacks in deviant behavior says that the media perpetuates rape myths when reporting on sexual assaults. rapes that are reported in news media are typically sensational and do not often correspond with the reality of most rapes. for example, the majority of sexual assaults are committed by someone the person knows as opposed to a stranger. sacks says, the media also normalizes sexual violence in general, often blames the person who reported the assault, and commonly expresses sympathy for the alleged perpetrators instead of the victim. laura niemi, a postdoctoral psychology associate at harvard university, speculated that mythologizing of rape could contribute to the idea that " no normal person " could rape. as a result, the people commonly had a difficult time believing someone they know or like is a rapist, and this could contribute to the idea that the person who reported the rape is at fault. in the european journal of psychology applied to legal context, andre de zutter and a team described how false rape allegations often resemble stories of rape portrayed in the media, which are not typical
was " reduced enormously " if benzodiazepines were prescribed for longer than four months. it was concluded that benzodiazepines are often prescribed inappropriately, for a wide range of conditions and situations. dr mason ( dhss ) and dr moir ( shhd ) felt that, due to the large numbers of people using benzodiazepines for long periods of time, it was important to determine the effectiveness and toxicity of benzodiazepines before deciding what regulatory action to take. controversy resulted in 2010 when the previously secret files came to light over the fact that the medical research council was warned that benzodiazepines prescribed to millions of patients appeared to cause cerebral atrophy similar to hazardous alcohol use in some patients and failed to carry out larger and more rigorous studies. the independent on sunday reported allegations that " scores " of the 1. 5 million members of the uk public who use benzodiazepines long - term have symptoms that are consistent with brain damage. it has been described as a " huge scandal " by jim dobbin, and legal experts and mps have predicted a class action lawsuit. a solicitor said she was aware of the past failed litigation against the drug companies and the relevance the documents had to that court case and said it was strange that the documents were kept'hidden'by the mrc. professor lader, who chaired the mrc meeting, declined to speculate as to why the mrc declined to support his request to set up a unit to further research benzodiazepines and why they did not set up a special safety committee to look into these concerns. professor lader stated that he regrets not being more proactive on pursuing the issue, stating that he did not want to be labeled as the guy who pushed only issues with benzos. professor ashton also submitted proposals for grant - funded research using mri, eeg, and cognitive testing in a randomized controlled trial to assess whether benzodiazepines cause permanent damage to the brain, but similarly to professor lader was turned down by the mrc. the mrc spokesperson said they accept the conclusions of professor lader's research and said that they fund only research that meets required quality standards of scientific research, and stated that they were and continue to remain receptive to applications for research in this area. no explanation was reported for why the documents were sealed by the public records act. jim dobbin, who chaired the all - party parliamentary group for involuntary tranquil
Answer:
|
"Isn't it true that you are known in the community as ΒΒLouie the Lush' because of your addiction to alcohol?"
| null |
Potts sued Dobbs on a product liability claim. Louis testified for Potts. On cross-examination, which of the following questions is the trial judge most likely to rule improper?
0. "Isn't it a fact that you are Potts' close friend?"
1. "Isn't it true that you are known in the community as ΒΒLouie the Lush' because of your addiction to alcohol?"
2. "Didn't you fail to report some income on your tax return last year?"
3. "Weren't you convicted, seven years ago in this court, of obtaining money under false pretenses?"
mitigating factor or an aggravating factor. however, most jurisdictions differentiate between voluntary intoxication and involuntary intoxication. in some cases, intoxication ( usually involuntary intoxication ) may be covered by the insanity defense. = = = withdrawal or refusal of defense = = = several cases have ruled that persons found not guilty by reason of insanity may not withdraw the defense in a habeas petition to pursue an alternative, although there have been exceptions in other rulings. in colorado v. connelly, 700 a. 2d 694 ( conn. app. ct. 1997 ), the petitioner who had originally been found not guilty by reason of insanity and committed for ten years to the jurisdiction of a psychiatric security review board, filed a pro se writ of habeas corpus and the court vacated his insanity acquittal. he was granted a new trial and found guilty of the original charges, receiving a prison sentence of 40 years. in the landmark case of frendak v. united states in 1979, the court ruled that the insanity defense cannot be imposed upon an unwilling defendant if an intelligent defendant voluntarily wishes to forgo the defense. = = usage = = this increased coverage gives the impression that the defense is widely used, but this is not the case. according to an eight - state study, the insanity defense is used in less than 1 % of all court cases and, when used, has only a 26 % success rate. of those cases that were successful, 90 % of the defendants had been previously diagnosed with mental illness. = = psychiatric treatment = = in the united states, those found to have been not guilty by reason of mental disorder or insanity are generally then required to undergo psychiatric treatment in a mental institution, except in the case of temporary insanity. in england and wales, under the criminal procedure ( insanity and unfitness to plead ) act of 1991 ( amended by the domestic violence, crime and victims act, 2004 to remove the option of a guardianship order ), the court can mandate a hospital order, a restriction order ( where release from hospital requires the permission of the home secretary ), a " supervision and treatment " order, or an absolute discharge. unlike defendants who are found guilty of a crime, they are not institutionalized for a fixed period, but rather held in the institution until they are determined not to be a threat. authorities making this decision tend to be cautious, and as a result, defendants can often be institutionalized for longer than they would have been incarcerated in prison. = =
may be illegal to market as a preventive or as a treatment for cancer, and in some jurisdictions to sell colloidal silver for consumption. in 2015 an english man was prosecuted and found guilty under the cancer act 1939 for selling colloidal silver with claims it could treat cancer. = = = fraudulent products marketed during the covid - 19 outbreak = = = the us food and drug administration has issued warning letters to firms including colloidal silver marketers for selling products with false and misleading claims to prevent, treat, mitigate, diagnose or cure coronavirus disease 2019 ( covid - 19 ). in 2020, televangelist felon jim bakker was sued by the missouri attorney general ( ag ) for marketing colloidal silver products and making false claims about their effectiveness against covid - 19. the attorney general of new york sent a cease and desist order to bakker and others about peddling the unproven products that were compared to selling " snake oil ", and the food and drug administration also warned bakker about his actions. controversial web show host, podcaster and conspiracy theorist alex jones was also warned by the new york attorney general's office to stop marketing his colloidal silver infused products ( toothpaste, mouthwash, dietary supplements, etc. ) because he made unproven claims of its ability to fend off covid - 19. = = history = = hippocrates in his writings discussed the use of silver in wound care. at the beginning of the twentieth century surgeons routinely used silver sutures to reduce the risk of infection. in the early 20th century, physicians used silver - containing eyedrops to treat ophthalmic problems, for various infections, and sometimes internally for diseases such as tropical sprue, epilepsy, gonorrhea, and the common cold. during world war i, soldiers used silver leaf to treat infected wounds. in the 1840s, founder of gynecology j. marion sims employed silver wire, which he had a jeweler fashion, as a suture in gynecological surgery. this produced very favorable results when compared with its predecessors, silk and catgut. prior to the introduction of modern antibiotics, colloidal silver was used as a germicide and disinfectant. with the development of modern antibiotics in the 1940s, the use of silver as an antimicrobial agent diminished, although it retains some use in medicinal compounds today. silver sulfadiazine ( ssd ) is a compound
than is available or necessary, resulting in a higher rate of acquittal when such evidence is absent ; and second, that jurors have greater confidence in forensic and particularly dna evidence than is warranted, resulting in a higher rate of conviction when such evidence is present. while these and other effects may be caused by crime shows, the most commonly reported effect is that jurors are wrongly acquitting defendants despite overwhelming evidence of guilt. in particular, prosecutors have reported feeling pressured to provide dna evidence even when eyewitness testimony is available. in fact, in a study of 444 prosecutors, 56 % believed the csi effect to almost always or always influence juries, and 81 % believed the csi effect to influence judges. in one highly publicized incident, los angeles county, california district attorney steve cooley blamed actor robert blake's acquittal on murder charges on the csi effect. cooley noted that the " not guilty " verdict came despite two witness accounts of blake's guilt, and claimed that the jury members were " incredibly stupid ". by 2005, some judges and prosecutors had begun altering their trial preparations and procedures in an attempt to counter the csi effect. some ask questions about crime drama television viewership during voir dire to target biased jurors. for example, in charles and drake v. state ( 2010 ), the defendants were convicted of second degree murder, and during voir dire, the judge presented a question about the csi effect. in this case, the maryland appellate court ruled the csi effect voir dire question inappropriate due to its biased language and use of the term " convict " without mention of acquittal. prosecutors have also used opening statements and closing arguments to minimize the possible impact of the csi effect. in goff v. state ( 2009 ), the prosecutor asked jurors during voir dire about their ability to render a verdict without scientific evidence, and then reminded them during closing arguments about this question. in this case, the mention of the csi effect was considered acceptable because the language used was neutral and unbiased. additionally, jury instructions have also been used as a means of informing jurors about the csi effect. in atkins v. state ( 2011 ), the jury was instructed that scientific evidence is not necessary for a case to be valid. the court ruled that this jury instruction regarding scientific evidence was improper because the state was not held to its burden of proof. furthermore, prosecutors have hired expert witnesses to explain why particular forms of physical evidence are not relevant to their cases. in
the police told him, " we had no choice but to investigate. " = = = another cases = = = a female private tutor was sentenced to 10 years in prison in the first trial in 2018 for raping two male students between 2016 - 2017, but she was later acquitted on appeal after it was revealed that the male students had made false accusations. in april 2024, there was an incident where a mixed - race korean - japanese youtuber was falsely accused of sexual crime by a south korean cosplayer. the youtuber said that the cosplayer also asked him for 80 million won. the youtuber was only able to be cleared of charges after a police investigation concluded that he doesn't have allegation. = = police handling of rape reports = = surveys of police and prosecutors find that many in law enforcement consistently over - estimate the prevalence of false accusations, leading to what some researchers have characterized as a culture of skepticism toward accusers in sexual assault cases. in 2018, lesley mcmillan analysed police perception of likelihood of false reporting of rape. she concluded that although police anticipated 5 % to 95 % of claims were likely to be false, no more than 3 - 4 % could have been fabricated. = = possible effects of media representation = = there are studies about the extent which the media affects the public perception of false rape accusations. incorrect assumptions about false rape allegations increases the likelihood that a person who reports rape will be blamed or disbelieved. megan sacks in deviant behavior says that the media perpetuates rape myths when reporting on sexual assaults. rapes that are reported in news media are typically sensational and do not often correspond with the reality of most rapes. for example, the majority of sexual assaults are committed by someone the person knows as opposed to a stranger. sacks says, the media also normalizes sexual violence in general, often blames the person who reported the assault, and commonly expresses sympathy for the alleged perpetrators instead of the victim. laura niemi, a postdoctoral psychology associate at harvard university, speculated that mythologizing of rape could contribute to the idea that " no normal person " could rape. as a result, the people commonly had a difficult time believing someone they know or like is a rapist, and this could contribute to the idea that the person who reported the rape is at fault. in the european journal of psychology applied to legal context, andre de zutter and a team described how false rape allegations often resemble stories of rape portrayed in the media, which are not typical
was " reduced enormously " if benzodiazepines were prescribed for longer than four months. it was concluded that benzodiazepines are often prescribed inappropriately, for a wide range of conditions and situations. dr mason ( dhss ) and dr moir ( shhd ) felt that, due to the large numbers of people using benzodiazepines for long periods of time, it was important to determine the effectiveness and toxicity of benzodiazepines before deciding what regulatory action to take. controversy resulted in 2010 when the previously secret files came to light over the fact that the medical research council was warned that benzodiazepines prescribed to millions of patients appeared to cause cerebral atrophy similar to hazardous alcohol use in some patients and failed to carry out larger and more rigorous studies. the independent on sunday reported allegations that " scores " of the 1. 5 million members of the uk public who use benzodiazepines long - term have symptoms that are consistent with brain damage. it has been described as a " huge scandal " by jim dobbin, and legal experts and mps have predicted a class action lawsuit. a solicitor said she was aware of the past failed litigation against the drug companies and the relevance the documents had to that court case and said it was strange that the documents were kept'hidden'by the mrc. professor lader, who chaired the mrc meeting, declined to speculate as to why the mrc declined to support his request to set up a unit to further research benzodiazepines and why they did not set up a special safety committee to look into these concerns. professor lader stated that he regrets not being more proactive on pursuing the issue, stating that he did not want to be labeled as the guy who pushed only issues with benzos. professor ashton also submitted proposals for grant - funded research using mri, eeg, and cognitive testing in a randomized controlled trial to assess whether benzodiazepines cause permanent damage to the brain, but similarly to professor lader was turned down by the mrc. the mrc spokesperson said they accept the conclusions of professor lader's research and said that they fund only research that meets required quality standards of scientific research, and stated that they were and continue to remain receptive to applications for research in this area. no explanation was reported for why the documents were sealed by the public records act. jim dobbin, who chaired the all - party parliamentary group for involuntary tranquil
Answer:
|
"Didn't you fail to report some income on your tax return last year?"
| 0.3 |
In an action to recover for personal injuries arising out of an automobile accident, Plaintiff calls Bystander to testify. Claiming the privilege against self-incrimination, Bystander refuses to answer a question as to whether she was at the scene of the accident. Plaintiff moves that Bystander be ordered to answer the question. The judge should allow Bystander to remain silent only if
0. the judge is convinced that she will incriminate herself.
1. there is clear and convincing evidence that she will incriminate herself.
2. there is a preponderance of evidence that she will incriminate herself.
3. the judge believes that there is some reasonable possibility that she will incriminate herself
been wrongfully accused of various crimes. to do their part, the following are specific ways that they have suggested eyewitness identification can be more reliable. emotional disposition can influence eye - witness testimony depending on the intensity of events and emotions of an individual. the more intense a situation and event, the more intense the cognitive stimulation is on a witness which can lead to either not wanting to recall events due to the intense psychological trauma, or re - calling specific details for psychological reassurance and closure. = = = = the " double - blind " procedure or use of a blind administrator = = = = a blind administrator lineup setting is where the person administering the lineup, i. e. an officer, does not know who the suspect actually is. by doing this, the officer is unable to give verbal indication to the eyewitness. = = = = instructions = = = = instructions can be key for eyewitness identifications. proper instructions, such as telling them it is okay to not identify anyone, should be given before eyewitnesses try to identify an individual. = = = = composing the lineup = = = = composing the lineup is straight forward. if the suspect is in the lineup, the goal is to make he / she blend in with the people next to them. all people chosen to participate in the lineup should look like the initial descriptions of eyewitnesses. when emotions are significantly important in terms of eye - witness accounts for facial - recognition processes. the change of emotion brought onto a person identifying a person from a more neutral event many not have as much of a recollection of the events than an eye - witness who not only experienced a traumatic event but identifies the person who inflicted trauma onto the person themselves. therefore there can be more memorized events from the impact of the eye - witness seeing the perpetrator, or depending on the psychological impact, there could be details withheld, but still leading closer to who and what the perpetrator did based on the reaction of the eye - witness. = = = = confidence statements = = = = confidence statements are statements provided by the eyewitness that will tell how confident they were in the choices they made in the lineup. = = = = the lineup procedure should be documented = = = = the lineup procedure should be documented by any means available. most commonly video surveillance is used during the procedure. in some instances it may be helpful to have written documents providing descriptions of the procedure. = = procedural reforms = = experts debate what changes need to occur in
, such as eyewitness testimony and polygraph testing, have significant flaws that may be possibly currently overlooked due to historical and traditional precedents. neuroscience could potentially solve some of these issues by directly examining the brain, given scientific confidence in the neuroimaging techniques. however, this raises questions concerning balancing legal usages of neuroscience with neuroprivacy protections. in the us, there are certain existing rights that could be interpreted to protect neuroprivacy. the fifth amendment, which protects citizens from self - incrimination, could be interpreted to protecting citizens from being incriminated by their own brain. however, the current interpretation is that the fifth amendment protects citizens from self - incriminating testimony ; if neuroimaging constitutes physical evidence instead of testimony, the fifth amendment may not protect against neuroimaging evidence. the ninth and fourteenth amendments help protect unspecified rights and fair procedures, which may or may not include neuroprivacy to some extent. one interpretation of neuroimaging evidence is categorizing it as forensic evidence rather than scientific expert testimony ; detecting memories and information of a crime could be compared to collecting forensic residue from a crime scene. this distinction would make it categorically different than a polygraph test, and increase its legal permissibility in canadian and us legal systems. = = = ethical arguments = = = some general ethical concerns regarding neuroprivacy revolve around personal rights and control over personal information. as technology improves, it is possible that collecting neurodata without consent or knowledge will be easier or more common in the future. one argument is that the collection of neurodata is a violation of both personal property and intellectual property, as the collection of neurodata involves scanning both the body and the analysis of thought. one of the main ethical controversies regarding neuroprivacy is related to the issue of free will, and the mind - body problem. a possible concern is the unknown extent to which neurodata can predict actions and thoughts - it is not currently known if the physical activity of the brain is conclusively or solely responsible for thoughts and actions. examining the brain as a way to prevent crimes or disorders before they manifest raises the question of if it is possible for people to exercise their agency despite their neurological condition. even using neurodata in a way to treat certain disorders and diseases preemptively raises questions about identity, agency and how society defines morality. = = popular culture = = in the television show
practices, or physical aspects of their premises, follows the social model. by making adjustments, employers and service providers are removing the barriers that disable, according to the social model. in 2006, amendments to the act called for local authorities and others to actively promote disability equality ; this was enforced via the formation of the disability equality duty in december 2006. in 2010, the disability discrimination act 1995 was amalgamated into the equality act 2010, along with other pertinent discrimination legislation. the equality act 2010 extends the law on discrimination to indirect discrimination. for example, if a carer of a disabled person is discriminated against, this is now also unlawful. since october 2010, when it came into effect, employers may not legally ask questions about illness or disability at interviews for a job or for a referee to comment on such in a reference, except where there is a need to make reasonable adjustments for an interview to proceed. following an offer of a job, an employer can lawfully ask such questions. in the united states, the americans with disabilities act of 1990 ( ada ), is a wide - ranging civil rights law that prohibits discrimination based on disability in a wide range of settings. the ada was the first civil rights law of its kind in the world and affords protections against discrimination to disabled americans. the law was modeled after the civil rights act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. it requires that mass transportation, commercial buildings, and public accommodations be accessible to disabled people. in 2007, the european court of justice in the chacon navas v eurest colectividades sa court case, defined disability narrowly according to a medical definition that excluded temporary illness, when considering the directive establishing a general framework for equal treatment in employment and occupation ( council directive 2000 / 78 / ec ). the directive did not provide for any definition of disability, despite discourse in policy documents previously in the eu about endorsing the social model of disability. this allowed the court of justice to take a narrow medical definition. = = technology = = over the last several decades, technology has transformed networks, services, and communication by promoting the rise of telecommunications, computer use, etc. this digital revolution has changed how people work, learn, and interact, moving these basic human activities to technological platforms. however, many people who use such technology experience a form of disability. even if it is not physically visible, those with, for example cognitive impairments, hand tremors, or vision impairments,
statements : " the maid of the princess who scratched herself in public was terribly humiliated. " " the son of the princess who scratched himself in public was terribly humiliated. " " the son of the princess who scratched herself in public was terribly humiliated. " research showed that people took less time to read persistently ambiguous sentences ( sentence 1 ) than temporarily ambiguous sentences that were clarified later ( sentences 2 and 3 ). in sentences 2 and 3, the reflexive pronouns β himself β and β herself β clarify that β who scratched β is modifying the son and the princess respectively. thus, the readers are forced to reanalyse and their reading times will therefore rise. in sentence 1, however, the ambiguity of the reflexive pronoun β herself β fits both the maid and the princess. this means the readers do not have to reanalyse. thus, ambiguous sentences will take a shorter time to read compared to clarified ones. this is called the underspecification account as readers do not stick to a meaning when not provided with clarifying words. the reader understands someone scratched herself but does not seek to determine whether it was the maid or the princess. this is also known as the β good - enough β approach to understanding language. = = the good - enough approach = = the good - enough approach to understanding language claims that representations of meaning are usually incomplete and language processing only partial. a good - enough interpretation may occur when such a representation is not robust, supported by context, or both and must handle potentially distracting information. thus, such information is clipped for successful understanding = = differences in processing = = = = = children and adults = = = children interpret ambiguous sentences differently from adults due to lack of experience. children have not yet learned how the environment and contextual clues can suggest a certain interpretation of a sentence. they have also not yet developed the ability to acknowledge that ambiguous words and phrases can be interpreted multiple ways. as children read and interpret syntactically ambiguous sentences, the speed at which initial syntactic commitments are made is lower in children than in adults. furthermore, children appear to be less skilled at directing their attention back to the part of the sentence that is most informative in terms of aiding reanalysis. other evidence attributes differences in interpreting ambiguous sentences to working memory span. while adults tend to have a higher working memory span, they sometimes spend more time resolving the ambiguity but tend to be more accurate in their final interpretation. children, in contrast, can decide quickly on an interpretation because they consider only the interpretations their working memory
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
Answer:
|
the judge believes that there is some reasonable possibility that she will incriminate herself
| null |
In an action to recover for personal injuries arising out of an automobile accident, Plaintiff calls Bystander to testify. Claiming the privilege against self-incrimination, Bystander refuses to answer a question as to whether she was at the scene of the accident. Plaintiff moves that Bystander be ordered to answer the question. The judge should allow Bystander to remain silent only if
0. the judge is convinced that she will incriminate herself.
1. there is clear and convincing evidence that she will incriminate herself.
2. there is a preponderance of evidence that she will incriminate herself.
3. the judge believes that there is some reasonable possibility that she will incriminate herself
been wrongfully accused of various crimes. to do their part, the following are specific ways that they have suggested eyewitness identification can be more reliable. emotional disposition can influence eye - witness testimony depending on the intensity of events and emotions of an individual. the more intense a situation and event, the more intense the cognitive stimulation is on a witness which can lead to either not wanting to recall events due to the intense psychological trauma, or re - calling specific details for psychological reassurance and closure. = = = = the " double - blind " procedure or use of a blind administrator = = = = a blind administrator lineup setting is where the person administering the lineup, i. e. an officer, does not know who the suspect actually is. by doing this, the officer is unable to give verbal indication to the eyewitness. = = = = instructions = = = = instructions can be key for eyewitness identifications. proper instructions, such as telling them it is okay to not identify anyone, should be given before eyewitnesses try to identify an individual. = = = = composing the lineup = = = = composing the lineup is straight forward. if the suspect is in the lineup, the goal is to make he / she blend in with the people next to them. all people chosen to participate in the lineup should look like the initial descriptions of eyewitnesses. when emotions are significantly important in terms of eye - witness accounts for facial - recognition processes. the change of emotion brought onto a person identifying a person from a more neutral event many not have as much of a recollection of the events than an eye - witness who not only experienced a traumatic event but identifies the person who inflicted trauma onto the person themselves. therefore there can be more memorized events from the impact of the eye - witness seeing the perpetrator, or depending on the psychological impact, there could be details withheld, but still leading closer to who and what the perpetrator did based on the reaction of the eye - witness. = = = = confidence statements = = = = confidence statements are statements provided by the eyewitness that will tell how confident they were in the choices they made in the lineup. = = = = the lineup procedure should be documented = = = = the lineup procedure should be documented by any means available. most commonly video surveillance is used during the procedure. in some instances it may be helpful to have written documents providing descriptions of the procedure. = = procedural reforms = = experts debate what changes need to occur in
, such as eyewitness testimony and polygraph testing, have significant flaws that may be possibly currently overlooked due to historical and traditional precedents. neuroscience could potentially solve some of these issues by directly examining the brain, given scientific confidence in the neuroimaging techniques. however, this raises questions concerning balancing legal usages of neuroscience with neuroprivacy protections. in the us, there are certain existing rights that could be interpreted to protect neuroprivacy. the fifth amendment, which protects citizens from self - incrimination, could be interpreted to protecting citizens from being incriminated by their own brain. however, the current interpretation is that the fifth amendment protects citizens from self - incriminating testimony ; if neuroimaging constitutes physical evidence instead of testimony, the fifth amendment may not protect against neuroimaging evidence. the ninth and fourteenth amendments help protect unspecified rights and fair procedures, which may or may not include neuroprivacy to some extent. one interpretation of neuroimaging evidence is categorizing it as forensic evidence rather than scientific expert testimony ; detecting memories and information of a crime could be compared to collecting forensic residue from a crime scene. this distinction would make it categorically different than a polygraph test, and increase its legal permissibility in canadian and us legal systems. = = = ethical arguments = = = some general ethical concerns regarding neuroprivacy revolve around personal rights and control over personal information. as technology improves, it is possible that collecting neurodata without consent or knowledge will be easier or more common in the future. one argument is that the collection of neurodata is a violation of both personal property and intellectual property, as the collection of neurodata involves scanning both the body and the analysis of thought. one of the main ethical controversies regarding neuroprivacy is related to the issue of free will, and the mind - body problem. a possible concern is the unknown extent to which neurodata can predict actions and thoughts - it is not currently known if the physical activity of the brain is conclusively or solely responsible for thoughts and actions. examining the brain as a way to prevent crimes or disorders before they manifest raises the question of if it is possible for people to exercise their agency despite their neurological condition. even using neurodata in a way to treat certain disorders and diseases preemptively raises questions about identity, agency and how society defines morality. = = popular culture = = in the television show
practices, or physical aspects of their premises, follows the social model. by making adjustments, employers and service providers are removing the barriers that disable, according to the social model. in 2006, amendments to the act called for local authorities and others to actively promote disability equality ; this was enforced via the formation of the disability equality duty in december 2006. in 2010, the disability discrimination act 1995 was amalgamated into the equality act 2010, along with other pertinent discrimination legislation. the equality act 2010 extends the law on discrimination to indirect discrimination. for example, if a carer of a disabled person is discriminated against, this is now also unlawful. since october 2010, when it came into effect, employers may not legally ask questions about illness or disability at interviews for a job or for a referee to comment on such in a reference, except where there is a need to make reasonable adjustments for an interview to proceed. following an offer of a job, an employer can lawfully ask such questions. in the united states, the americans with disabilities act of 1990 ( ada ), is a wide - ranging civil rights law that prohibits discrimination based on disability in a wide range of settings. the ada was the first civil rights law of its kind in the world and affords protections against discrimination to disabled americans. the law was modeled after the civil rights act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. it requires that mass transportation, commercial buildings, and public accommodations be accessible to disabled people. in 2007, the european court of justice in the chacon navas v eurest colectividades sa court case, defined disability narrowly according to a medical definition that excluded temporary illness, when considering the directive establishing a general framework for equal treatment in employment and occupation ( council directive 2000 / 78 / ec ). the directive did not provide for any definition of disability, despite discourse in policy documents previously in the eu about endorsing the social model of disability. this allowed the court of justice to take a narrow medical definition. = = technology = = over the last several decades, technology has transformed networks, services, and communication by promoting the rise of telecommunications, computer use, etc. this digital revolution has changed how people work, learn, and interact, moving these basic human activities to technological platforms. however, many people who use such technology experience a form of disability. even if it is not physically visible, those with, for example cognitive impairments, hand tremors, or vision impairments,
statements : " the maid of the princess who scratched herself in public was terribly humiliated. " " the son of the princess who scratched himself in public was terribly humiliated. " " the son of the princess who scratched herself in public was terribly humiliated. " research showed that people took less time to read persistently ambiguous sentences ( sentence 1 ) than temporarily ambiguous sentences that were clarified later ( sentences 2 and 3 ). in sentences 2 and 3, the reflexive pronouns β himself β and β herself β clarify that β who scratched β is modifying the son and the princess respectively. thus, the readers are forced to reanalyse and their reading times will therefore rise. in sentence 1, however, the ambiguity of the reflexive pronoun β herself β fits both the maid and the princess. this means the readers do not have to reanalyse. thus, ambiguous sentences will take a shorter time to read compared to clarified ones. this is called the underspecification account as readers do not stick to a meaning when not provided with clarifying words. the reader understands someone scratched herself but does not seek to determine whether it was the maid or the princess. this is also known as the β good - enough β approach to understanding language. = = the good - enough approach = = the good - enough approach to understanding language claims that representations of meaning are usually incomplete and language processing only partial. a good - enough interpretation may occur when such a representation is not robust, supported by context, or both and must handle potentially distracting information. thus, such information is clipped for successful understanding = = differences in processing = = = = = children and adults = = = children interpret ambiguous sentences differently from adults due to lack of experience. children have not yet learned how the environment and contextual clues can suggest a certain interpretation of a sentence. they have also not yet developed the ability to acknowledge that ambiguous words and phrases can be interpreted multiple ways. as children read and interpret syntactically ambiguous sentences, the speed at which initial syntactic commitments are made is lower in children than in adults. furthermore, children appear to be less skilled at directing their attention back to the part of the sentence that is most informative in terms of aiding reanalysis. other evidence attributes differences in interpreting ambiguous sentences to working memory span. while adults tend to have a higher working memory span, they sometimes spend more time resolving the ambiguity but tend to be more accurate in their final interpretation. children, in contrast, can decide quickly on an interpretation because they consider only the interpretations their working memory
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
Answer:
|
the judge is convinced that she will incriminate herself.
| 0.3 |
Blackacre is a three-acre tract of land with a small residence. Olga, the owner of Blackacre, rented it to Terrence at a monthly rental of $200. After Terrence had been in possession of Blackacre for several years, Terrence and Olga orally agreed that Terrence would purchase Blackacre from Olga for the sum of $24,000, payable at the rate of $200 a month for 10 years, and also would pay the real estate taxes and the expenses of insuring and maintaining Blackacre. Olga agreed to give Terrence a deed to Blackacre after five years had passed and $12,000 had been paid on account and to accept from Terrence a note secured by a mortgage for the balance. Terrence continued in possession of Blackacre and performed his obligations as orally agreed. Terrence, without consulting Olga, made improvements for which he paid $1,000. When Terrence had paid $12,000, he tendered a proper note and mortgage to Olga and demanded the delivery of the deed as agreed. Olga did not deny the oral agreement but told Terrence that she had changed her mind and refused to complete the transaction. Terrence then brought an action for specific performance. Olga pleaded the Statute of Frauds as her defense. If Olga wins, it will be because
0. nothing Terrence could have done would have overcome the original absence of a written agreement.
1. the actions and payments of Terrence are as consistent with his being a tenant as with an oral contract.
2. Terrence did not secure Olga's approval for the improvements that he made.
3. Olga has not received any unconscionable benefit, and therefore Terrence is not entitled to equitable relief.
hold title. starter title schemes and land hold title schemes can be upgraded to freehold title if at least 75 % of the holders of rights in a scheme have consented. in the case of upgrading to freehold the title holders will have to pay for the subdivision of his / her plot and the subsequent registration in the deeds registry. = = pilot areas = = in 2016, the ministry of land reform decided to pilot the new tenure registration system in different pilot areas, namely in gobabis, oshakati, outapi and windhoek. = = see also = = informal settlement land reform land registration shanty town slum title ( property ) urbanization = = references = = = = further reading = = christensen, s., wolfgang, w and hojgaard, p. innovative land surveying and land registration in namibia, working paper 93 of the development planning unit, university college london archived 2016 - 12 - 20 at the wayback machine, 1999 christensen, s. the flexible land tenure system β the namibian solution bringing the informal settlers under the register, expert group meeting on secure land tenure :'new legal frameworks and tools ', un - gigiri in nairobi, kenya, 10 - 12 november 2004, 2004 christensen, s. flexible land tenure in namibia. gim international, 2005 legal assistance centre ( land, environment and development project ) a place we want to call our own, a study on land tenure policy and securing housing rights in namibia, windhoek, 2005 flexible land tenure act, 2012 ( act no. 4 of 2012 ), government gazette of the republic of namibia. windhoek, 2012 matthaei, e., mandimika, p. : the flexible land tenure system in namibia : integrating urban land rights into the national land reform programme, annual world bank conference on land and poverty, washington, 2015 middleton, j., von carlowitz, l., becker, h. - g. : land management as a vital basis for the implementation of land reform in namibia, zfv β zeitschrift fur geodasie, geoinformation und landmanagement, 2016 ministry of land reform : guide to namibia β s flexible land tenure act, 2012 ( act no. 4 of 2012 ), windhoek, 2016
in. a property may be offered at a discount if the purchaser can complete quickly with the discount offsetting the costs of the short term bridging loan used to complete. in auction property purchases where the purchaser has only 14 β 28 days to complete long term lending such as a buy to let mortgage may not be viable in that time frame whereas a bridging loan would be. = = corporate finance = = bridge loans are used in venture capital and other corporate finance for several purposes : to inject small amounts of cash to carry a company so that it does not run out of cash between successive major private equity financings to carry distressed companies while searching for an acquirer or larger investor ( in which case the lender often obtains a substantial equity position in connection with the loan ) as a final debt financing to carry the company through the immediate period before an initial public offering or an acquisition. = = south africa = = in south african law immovable property is transferred via a system of registration in public registries known as deeds offices. given the delays resulting from the transfer process, many participants in property transactions require access to funds which will otherwise only become available on the day that the transaction is registered in the relevant deeds office. bridging finance companies provide finance that creates a bridge between the participant's immediate cash flow requirement and the eventual entitlement to funds on registration in the deeds office. bridging finance is typically not provided by banks. various forms of bridging finance are available, depending on the participant in the property transaction that requires finance. sellers of fixed property can bridge sales proceeds, estate agents bridge estate agents'commission, and mortgagors bridge the proceeds of further or switch bonds. bridging finance is also available to settle outstanding property taxes or municipal accounts or to pay transfer duties. = = united kingdom = = = = = history = = = short term finance similar to modern bridging loans was available in the uk as early as the 1960s, but usually only through high street banks and building societies to known customers. the bridging loan market remained small into the millennium, with a limited number of lenders. bridging loans became increasingly popular in the uk after the 2008 β 2009 global recession, with gross lending more than doubling from Β£0. 8 billion in the year to march 2011 to Β£2. 2 billion in the year to june 2014. this coincided with a marked decline in mainstream mortgage lending in the same period, as banks and building societies grew more reluctant to grant home loans
has as client both the lender and the borrower in the transaction. because of the ethics and professional liability aspect, borrowers should note that the lender's survey is produced solely for the lender and the surveyor will not be liable for loss or omission to the borrower. since reform of the rics red book of valuation practice in recent years, the definition of a mortgage valuation has been deleted. it is now a market valuation which is the same definition given to the valuation in the rics homebuyer report. the council of mortgage lenders recommends that buyers should not rely only on the mortgage valuation, but obtain a fuller survey for their own purposes. however, a fuller survey is rarely a condition of the loan. the borrower may prefer to select an independent surveyor to undertake the homebuyer report or building survey. mortgage valuation report a mortgage valuation is for the benefit of the lender. its purpose is merely to confirm the property is worth the price paid, in order to protect the lender's interests. invariably there is a disclaimer on the report that confirms that the surveyor has no responsibility to the borrower. this is a legally valid exclusion. rics home surveys under the reforms undertaken by rics in the early 21st century to better regulate the provision of professional products to the general public, a sector that is usually unable to fully appreciate the consequences of inadequate specification of the required items to be surveyed and how they are reported, rics produced a new range of consumer products with rics branding. three consumer products are now available - 1. rics condition report 2. rics homebuyer report 3. rics building survey these products have a consistent appearance over the range, with common typefaces and general format. the distinctions come in the detail that is subsequently provided. these are discussed below. rics condition report this is short report that looks briefly at the property to report on the visual condition of nine external elements of construction, nine internal elements of construction, seven services supplied to the building, and three key components of the grounds in which the property is sited. the reports rates conditions from 1 - good, 2, - needing attention in the near future, 3 - needing attention now using a traffic light system to draw attention to things that matter. in practice this report is of little value to the buyer unless the surveyor attends at the same time as the buyer is carrying out a viewing and wants an early indication of general condition, making the most of the surveyor's expert knowledge about how
, the stranger reasoned that crusoe would actually be worse off if he did not loan of any of his possessions at all. if crusoe did not lend the stranger the buckskins in the chest, then no one would regularly air or rub them with grease, which would cause them to become hard and brittle. if crusoe did not lend the stranger his mound of wheat, then mildew, mice, and beetles would consume the wheat instead. and if crusoe did not lend the stranger his tools, then the stranger would be unable to build a shed for storing the rest of the wheat. in return for being lent all these possessions without interest, the stranger promised that he would repay the loan at the end of the three years by giving crusoe fresh buckskins, fresh wheat from the stranger's harvest, and the construction of a shed. in the first footnote, gesell also considered a different situation where there were two crusoes living on the island, instead of just one when the stranger arrives. in a situation where there were two or more loan - givers ( crusoes ) on the island before the stranger's arrival, and both of them had accumulated stores of capital, there would be a bidding war between the two crusoes to see who could win the privilege of lending their capital to the stranger, since the losing bidder would see his capital consumed by insects, rats, mold, etc. in the second footnote, gesell noted that although proudhon opposed the existence of interest, not even proudhon realized that lenders benefit even when they loan without interest ( in the absence of hoardable money ). at the end of the parable, crusoe asked the stranger what his theory of interest was. the stranger replied : the explanation [ of interest ] is simple enough. if there were a monetary system on this island and i, as a shipwrecked travelled needed a loan, i should have to apply to a money - lender for money to buy the things which you have just lent me without interest. but a money - lender has not to worry about rats moths, rust and roof - repairing, so i could not have taken up the position towards him that i have taken up towards you. the loss inseparable from the ownership of goods ( there the dog running off with one of your - or rather my - buckskins! ) is born, not by money - lenders, but by those who have to store the goods. the money
and governmental entities and eventually evolved into cross - border leasing. one significant evolution of the leasing industry involved the collateralization of lease obligations in sale leaseback transactions. for example, a city would sell an asset to a bank. the bank would require lease payments and give the city an option to repurchase the asset. the lease obligations were low enough ( due to the depreciation deductions the banks were now claiming ) that the city could pay for the lease obligations and fund the repurchase of the asset by depositing most but not all of the sale proceeds in an interest - bearing account. this resulted in the city having pre - funded all of its lease obligations as well as its option to repurchase the asset from the bank for less than the amount received in the initial sale of the asset, in which case the city would be left with additional cash after having pre - funded all of its lease obligations. this gave the appearance of cities entering into leasing transactions with banks for a fee. by the late 1990s many of the leasing transactions were with cities in europe, and in 1999 cross border leasing in the united states was " chilled " by the effective shutdown of lilos ( lease - in / lease outs ). ( lilos were significantly more complicated than the typical lease where a municipality ( for example ) would lease an asset to a bank and then lease it back from the bank for a shorter period of time ; lilos relied on arcane rules of tax accounting to yield significant returns and are currently on a list of transaction types that the u. s. tax authority considers abusive. ) since 2004 cross border leasing has been effectively eliminated by the passage of the jobs act of 2004, which made the vast majority of cross border leases unprofitable for the parties to the leasing transaction. = = references = = = = external links = = jochen buelow, frontline / pbs, " money for nothing from the usa "
Answer:
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the actions and payments of Terrence are as consistent with his being a tenant as with an oral contract.
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Blackacre is a three-acre tract of land with a small residence. Olga, the owner of Blackacre, rented it to Terrence at a monthly rental of $200. After Terrence had been in possession of Blackacre for several years, Terrence and Olga orally agreed that Terrence would purchase Blackacre from Olga for the sum of $24,000, payable at the rate of $200 a month for 10 years, and also would pay the real estate taxes and the expenses of insuring and maintaining Blackacre. Olga agreed to give Terrence a deed to Blackacre after five years had passed and $12,000 had been paid on account and to accept from Terrence a note secured by a mortgage for the balance. Terrence continued in possession of Blackacre and performed his obligations as orally agreed. Terrence, without consulting Olga, made improvements for which he paid $1,000. When Terrence had paid $12,000, he tendered a proper note and mortgage to Olga and demanded the delivery of the deed as agreed. Olga did not deny the oral agreement but told Terrence that she had changed her mind and refused to complete the transaction. Terrence then brought an action for specific performance. Olga pleaded the Statute of Frauds as her defense. If Olga wins, it will be because
0. nothing Terrence could have done would have overcome the original absence of a written agreement.
1. the actions and payments of Terrence are as consistent with his being a tenant as with an oral contract.
2. Terrence did not secure Olga's approval for the improvements that he made.
3. Olga has not received any unconscionable benefit, and therefore Terrence is not entitled to equitable relief.
hold title. starter title schemes and land hold title schemes can be upgraded to freehold title if at least 75 % of the holders of rights in a scheme have consented. in the case of upgrading to freehold the title holders will have to pay for the subdivision of his / her plot and the subsequent registration in the deeds registry. = = pilot areas = = in 2016, the ministry of land reform decided to pilot the new tenure registration system in different pilot areas, namely in gobabis, oshakati, outapi and windhoek. = = see also = = informal settlement land reform land registration shanty town slum title ( property ) urbanization = = references = = = = further reading = = christensen, s., wolfgang, w and hojgaard, p. innovative land surveying and land registration in namibia, working paper 93 of the development planning unit, university college london archived 2016 - 12 - 20 at the wayback machine, 1999 christensen, s. the flexible land tenure system β the namibian solution bringing the informal settlers under the register, expert group meeting on secure land tenure :'new legal frameworks and tools ', un - gigiri in nairobi, kenya, 10 - 12 november 2004, 2004 christensen, s. flexible land tenure in namibia. gim international, 2005 legal assistance centre ( land, environment and development project ) a place we want to call our own, a study on land tenure policy and securing housing rights in namibia, windhoek, 2005 flexible land tenure act, 2012 ( act no. 4 of 2012 ), government gazette of the republic of namibia. windhoek, 2012 matthaei, e., mandimika, p. : the flexible land tenure system in namibia : integrating urban land rights into the national land reform programme, annual world bank conference on land and poverty, washington, 2015 middleton, j., von carlowitz, l., becker, h. - g. : land management as a vital basis for the implementation of land reform in namibia, zfv β zeitschrift fur geodasie, geoinformation und landmanagement, 2016 ministry of land reform : guide to namibia β s flexible land tenure act, 2012 ( act no. 4 of 2012 ), windhoek, 2016
in. a property may be offered at a discount if the purchaser can complete quickly with the discount offsetting the costs of the short term bridging loan used to complete. in auction property purchases where the purchaser has only 14 β 28 days to complete long term lending such as a buy to let mortgage may not be viable in that time frame whereas a bridging loan would be. = = corporate finance = = bridge loans are used in venture capital and other corporate finance for several purposes : to inject small amounts of cash to carry a company so that it does not run out of cash between successive major private equity financings to carry distressed companies while searching for an acquirer or larger investor ( in which case the lender often obtains a substantial equity position in connection with the loan ) as a final debt financing to carry the company through the immediate period before an initial public offering or an acquisition. = = south africa = = in south african law immovable property is transferred via a system of registration in public registries known as deeds offices. given the delays resulting from the transfer process, many participants in property transactions require access to funds which will otherwise only become available on the day that the transaction is registered in the relevant deeds office. bridging finance companies provide finance that creates a bridge between the participant's immediate cash flow requirement and the eventual entitlement to funds on registration in the deeds office. bridging finance is typically not provided by banks. various forms of bridging finance are available, depending on the participant in the property transaction that requires finance. sellers of fixed property can bridge sales proceeds, estate agents bridge estate agents'commission, and mortgagors bridge the proceeds of further or switch bonds. bridging finance is also available to settle outstanding property taxes or municipal accounts or to pay transfer duties. = = united kingdom = = = = = history = = = short term finance similar to modern bridging loans was available in the uk as early as the 1960s, but usually only through high street banks and building societies to known customers. the bridging loan market remained small into the millennium, with a limited number of lenders. bridging loans became increasingly popular in the uk after the 2008 β 2009 global recession, with gross lending more than doubling from Β£0. 8 billion in the year to march 2011 to Β£2. 2 billion in the year to june 2014. this coincided with a marked decline in mainstream mortgage lending in the same period, as banks and building societies grew more reluctant to grant home loans
has as client both the lender and the borrower in the transaction. because of the ethics and professional liability aspect, borrowers should note that the lender's survey is produced solely for the lender and the surveyor will not be liable for loss or omission to the borrower. since reform of the rics red book of valuation practice in recent years, the definition of a mortgage valuation has been deleted. it is now a market valuation which is the same definition given to the valuation in the rics homebuyer report. the council of mortgage lenders recommends that buyers should not rely only on the mortgage valuation, but obtain a fuller survey for their own purposes. however, a fuller survey is rarely a condition of the loan. the borrower may prefer to select an independent surveyor to undertake the homebuyer report or building survey. mortgage valuation report a mortgage valuation is for the benefit of the lender. its purpose is merely to confirm the property is worth the price paid, in order to protect the lender's interests. invariably there is a disclaimer on the report that confirms that the surveyor has no responsibility to the borrower. this is a legally valid exclusion. rics home surveys under the reforms undertaken by rics in the early 21st century to better regulate the provision of professional products to the general public, a sector that is usually unable to fully appreciate the consequences of inadequate specification of the required items to be surveyed and how they are reported, rics produced a new range of consumer products with rics branding. three consumer products are now available - 1. rics condition report 2. rics homebuyer report 3. rics building survey these products have a consistent appearance over the range, with common typefaces and general format. the distinctions come in the detail that is subsequently provided. these are discussed below. rics condition report this is short report that looks briefly at the property to report on the visual condition of nine external elements of construction, nine internal elements of construction, seven services supplied to the building, and three key components of the grounds in which the property is sited. the reports rates conditions from 1 - good, 2, - needing attention in the near future, 3 - needing attention now using a traffic light system to draw attention to things that matter. in practice this report is of little value to the buyer unless the surveyor attends at the same time as the buyer is carrying out a viewing and wants an early indication of general condition, making the most of the surveyor's expert knowledge about how
, the stranger reasoned that crusoe would actually be worse off if he did not loan of any of his possessions at all. if crusoe did not lend the stranger the buckskins in the chest, then no one would regularly air or rub them with grease, which would cause them to become hard and brittle. if crusoe did not lend the stranger his mound of wheat, then mildew, mice, and beetles would consume the wheat instead. and if crusoe did not lend the stranger his tools, then the stranger would be unable to build a shed for storing the rest of the wheat. in return for being lent all these possessions without interest, the stranger promised that he would repay the loan at the end of the three years by giving crusoe fresh buckskins, fresh wheat from the stranger's harvest, and the construction of a shed. in the first footnote, gesell also considered a different situation where there were two crusoes living on the island, instead of just one when the stranger arrives. in a situation where there were two or more loan - givers ( crusoes ) on the island before the stranger's arrival, and both of them had accumulated stores of capital, there would be a bidding war between the two crusoes to see who could win the privilege of lending their capital to the stranger, since the losing bidder would see his capital consumed by insects, rats, mold, etc. in the second footnote, gesell noted that although proudhon opposed the existence of interest, not even proudhon realized that lenders benefit even when they loan without interest ( in the absence of hoardable money ). at the end of the parable, crusoe asked the stranger what his theory of interest was. the stranger replied : the explanation [ of interest ] is simple enough. if there were a monetary system on this island and i, as a shipwrecked travelled needed a loan, i should have to apply to a money - lender for money to buy the things which you have just lent me without interest. but a money - lender has not to worry about rats moths, rust and roof - repairing, so i could not have taken up the position towards him that i have taken up towards you. the loss inseparable from the ownership of goods ( there the dog running off with one of your - or rather my - buckskins! ) is born, not by money - lenders, but by those who have to store the goods. the money
and governmental entities and eventually evolved into cross - border leasing. one significant evolution of the leasing industry involved the collateralization of lease obligations in sale leaseback transactions. for example, a city would sell an asset to a bank. the bank would require lease payments and give the city an option to repurchase the asset. the lease obligations were low enough ( due to the depreciation deductions the banks were now claiming ) that the city could pay for the lease obligations and fund the repurchase of the asset by depositing most but not all of the sale proceeds in an interest - bearing account. this resulted in the city having pre - funded all of its lease obligations as well as its option to repurchase the asset from the bank for less than the amount received in the initial sale of the asset, in which case the city would be left with additional cash after having pre - funded all of its lease obligations. this gave the appearance of cities entering into leasing transactions with banks for a fee. by the late 1990s many of the leasing transactions were with cities in europe, and in 1999 cross border leasing in the united states was " chilled " by the effective shutdown of lilos ( lease - in / lease outs ). ( lilos were significantly more complicated than the typical lease where a municipality ( for example ) would lease an asset to a bank and then lease it back from the bank for a shorter period of time ; lilos relied on arcane rules of tax accounting to yield significant returns and are currently on a list of transaction types that the u. s. tax authority considers abusive. ) since 2004 cross border leasing has been effectively eliminated by the passage of the jobs act of 2004, which made the vast majority of cross border leases unprofitable for the parties to the leasing transaction. = = references = = = = external links = = jochen buelow, frontline / pbs, " money for nothing from the usa "
Answer:
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Terrence did not secure Olga's approval for the improvements that he made.
| 0.3 |
During 1976 a series of arsons, one of which damaged the Humongous Store, occurred in the City of Swelter. In early 1977 Swelter's City Council adopted this resolution: The City will pay $10,000 for the arrest and conviction of anyone guilty of any of the 1976 arsons committed here. The foregoing was telecast by the city's sole television station once daily for one week. Subsequently, Humongous, by a written memorandum to Gimlet, a private detective, proposed to pay Gimlet $200 "for each day's work you actually perform in investigating our fire." Thereafter, in August 1977, the Swelter City Council by resolution repealed its reward offer and caused this resolution to be broadcast once daily for a week over two local radio stations, the local television station having meanwhile ceased operations. In September 1977, a Humongous employee voluntarily confessed to Gimlet to having committed all of the 1976 arsons. Humongous's president thereupon paid Gimlet at the proposed daily rate for his investigation and suggested that Gimlet also claim the city's reward, of which Gimlet had been previously unaware. Gimlet immediately made the claim. In December 1977, as a result of Gimlet's investigation, the Humongous employee was convicted of burning the store. The city, which has no immunity to suit, has since refused to pay Gimlet anything, although he swears that he never heard of the city's repealer before claiming its reward"In which of the following ways could the city reward offer be effectively accepted?
0. Only by an offeree's return promise to make a reasonable effort to bring about the arrest and conviction of an arsonist within the scope of the offer.
1. Only by an offeree's making the arrest and assisting in the successful conviction of an arsonist within the scope of the offer.
2. By an offeree's supplying information leading to arrest and conviction of an arsonist within the scope of the offer.
3. By an offeree's communication of assent through the same medium (television) used by the city in making its offer.
probably took a couple of weeks or even months. the tunnel ( external pictures ) was reportedly so well constructed that it had ceiling supports and was about 3 feet wide. it connected the bank deposit and a nearby underground parking lot. probably nobody noticed anything, because the parking lot was shielded by roulettes, and people thought that this part was under repair. there are some similarities between this robbery and the baker street robbery in london. in 2024 it became public knowledge, that the federal financial supervisory authority had criticized the dusseldorf - neuss branch of the volksbank for insufficient measures against money laundering. the company gic international, allegedly founded in 2012 by the iranian ghadir holding, an entity of the regime in iran, and sanctioned by the united states, did business with the volksbank. journalists had uncovered communication of gic and ghadir personnel as late as 2022. in 2024 the same volksbank was conned by a former accountant of the french kiabi fashion group to transfer euro 100 million of kiabi's money to an account in turkey. as a result, kiabi requested the money back from the volksbank dusseldorf - neuss and the financial supervisory authority replaced the management in november with a special representative. in early 2025 the financial supervisory authority banned the " raiffeisenbank im hochtaunus eg " in bad homburg from granting loans. the bank had opened an online banking service in 2022 and had aggressively advertised for new customers. after press research, a combination of defaulted loans, equity ratio and structural risks prompted the supervisory authority to intervene. = = group structure and operations = = the cooperative group's entities, which are also directly or indirectly member institutions of the bvr, include : hundreds of local cooperative banks generally called genossenschaftsbank ( " cooperative bank " ), volksbank ( " people's bank " ), vereinigte volksbank ( " united people's bank " ), raiffeisenbank, raiffeisen - volksbank or volksbank raiffeisenbank or vr bank ; 14 psd banks, cooperative banks whose name is an acronym for " post, savings and loan associations " ( german : post -, spar - und darlehnsvereine ) ; 11 sparda - banks, cooperative banks whose name is a portmanteau also referring to savings and loans ( german : sparen und darlehen ) ; several church cooperative banks : liga bank in regensburg
government study conducted in 1999 β 2000, there were 467 cities and 332 smaller towns in russia which could be classified as monotowns. the combined population of these towns was 25 million, or a sixth of the country's total population. the 900 monotown enterprises β most of them involved in heavy industries such as manufacturing, fuels, timber, pulp and metallurgy β accounted for more than 30 % of industrial production. the monotowns suffered greatly in the late - 2000s recession, leading to mass unemployment in the cities. having no other hope, people have only one option - to protest. in one high - profile incident, in 2009 some 300 residents of the north - western town of pikalyovo blocked a major highway to protest against large delays in the payments of wages. prime minister vladimir putin traveled to the city and ordered the owner of the city's dominant company basel cement pikalyovo, oleg deripaska to pay over 41 million rubles ( $ 1. 3 million ) of wage arrears to the city's residents. the sum was paid out and the situation in the city calmed down, but questions remained about the long - term viability of the pikalyovo plants. as of 2018, the official list of russian monotowns includes 319 populated places. towns can be removed from the list, if the local economies are deemed to have become sufficiently diversified. in late 2017, 14 million russians lived in officially designated monotowns. a fund for the development of monotowns was established in 2014, to invest in infrastructure and promote economic diversification. the monotown list is divided into categories, depending on the socioeconomic situation. monotowns are not necessarily economically stagnant : norilsk has an above average employment rate, as well as relatively high salaries. = = = examples = = = russia's largest monotown is tolyatti, which has a population of 700, 000. it is home to the large avtovaz factory, which in late 2008 employed 106, 000 people. avtovaz is russia's largest carmaker, accounting for 1 % of the country's gdp. as of 2014, avtovaz is owned by nissan - renault, which uses even harsher workforce policies than the previous owner. however, the situation is somewhat helped by widespread small - scale car parts producers and other small car - oriented enterprises in the region, which are providing many additional workplaces. dalnegorsk, located in the russian far east, is
degree murder of his wife, nina reiser. after conviction and before sentencing, reiser pleaded guilty to the lesser charge of second - degree murder in exchange for disclosing the location of his wife's body. = = = 2010s = = = known as the banting murders of 2010 in malaysia, 47 - year - old cosmetics millionaire datuk sosilawati lawiya and her three companions β 38 - year - old bank officer noorhisham mohamad, 32 - year - old lawyer ahmad kamil abdul karim, and her 44 - year - old driver kamaruddin shamsuddin β disappeared after they last went to banting to meet a lawyer over a land deal. n. pathmanabhan, the lawyer who was supposed to meet the missing four, was found to have solicited the murders of the four by ordering his farm hands to kill the four missing people and burnt the victim's bodies at a farm which was registered under pathmanabhan's name. although none of the remains belonging to the victims were conclusively found, pathmanabhan and three of his farmhands β t. thilaiyalagan, r. matan and r. kathavarayan β were charged with murder. matan was later acquitted of all charges and released due to insufficient evidence, but pathmanabhan and the remaining two farm workers were found guilty of murder and sentenced to death based on circumstantial evidence and without the bodies of the victims. in 2011, in spain, miguel carcano delgado was sentenced to 20 years in prison for the murder of his ex - girlfriend marta del castillo, 17 - year - old high school student from seville, andalusia. del castillo disappeared on january 24, 2009, despite extensive searches, her body was never found. in 2012, in scotland, the prosecution secured two convictions without a body, for the murder of suzanne pilley and the murder of arlene fraser. in 2019, again in scotland, the prosecution secured a conviction without a body for the murder of margaret fleming in may 2013, mark bridger was convicted of the murder of april jones, a five - year - old girl from machynlleth, wales, who disappeared on 1 october 2012. at his trial, bridger claimed to have run her down in his car and killed her by accident, and to have no memory of what he did with her body after drinking heavily. the jury rejected his version of events, as bone fragments and blood discovered in bridge
, after which the police investigated his role in packman's disappearance. causley was eventually convicted of the murder in 1996 that conviction was quashed on appeal in 2003, but after a retrial in 2004, he was again convicted of the murder.. in 1988, helen mccourt, a 22 - year - old insurance clerk from lancashire disappeared. ian simms, a local pub landlord, was subsequently charged with and convicted of her murder. this case was also one of the first in the uk to use dna fingerprinting. in july 1989, kansas serial killer richard grissom was arrested after being connected to the disappearances of three young women the month prior. blood and hair samples found in grissom's car and garage led to prosecutors indicting him with three counts of murder. he was found guilty in 1990 and sentenced to life imprisonment. american courts have also been allowed to press murder charges even if a body has not been recovered. in 1990, a connecticut jury convicted newtown airline pilot richard crafts of killing his danish wife, helle, in the 1986 " woodchipper murder ", so called for the machine he had rented to dispose of her body in nearby lakes and streams. he was sentenced to 50 years in prison. the state police's forensic unit, led by henry lee, was able to match the dna of some of the fragments that were discovered to helle crafts and the wood chipper her husband had used. it was the first bodyless murder trial in the state's history. = = = 1990s = = = in april 1994, heidi allen, 18, of new haven, new york, was abducted from the convenience store where she worked. her body has never been found. brothers gary and richard thibodeau were charged with kidnapping and murder. they were tried separately. gary was found guilty and sentenced to 25 years to life, while richard was acquitted. in 1996, thomas capano was convicted of the murder of anne marie fahey, his former lover. investigators did not have a murder weapon or body, nor any evidence that capano had purchased a gun. he was convicted of first - degree murder in part due to the evidence given by his brother, gerry, who had admitted to helping capano dump fahey's body in the atlantic ocean. sante kimes and her son kenneth were convicted of the murder of irene silverman, whose body was never found. they were also both suspects in another murder in the bahamas where the body was never located
crime = = = the sydney msic was judged by its evaluators to have caused no increase in crime and not to have caused a β honey - pot effect β of drawing users and drug dealers to the kings cross area. observations before and after the opening of insite indicated no increases in drug dealing or petty crime in the area. there was no evidence that the facility influenced drug use in the community, but concerns that insite β sends the wrong message β to non - users could not be addressed from existing data. the european experience has been mixed. = = = = financial impropriety by scs service providers = = = = an audit of lethbridge arches scs by accounting firm deloitte, ordered by the alberta provincial government, found the scs had $ 1. 6 million in unaccounted funds between 2017 and 2018 ; additionally they found that led $ 342, 943 of grant funds had been expended on senior executive compensation despite the grant agreement allowing only $ 80, 000. beyond this, an additional $ 13, 000 was spent on parties, staff retreats, entertainment and gift cards, and numerous other inappropriate expenditures. the lethbridge police service and alberta justice specialized prosecutions branch later contradicted these findings, stating that all funds were present and accounted for in accounts belonging to the agency. when asked why these funds had previously been reported as missing, lps acting inspector pete christos stated that the initial auditors did not have the means to investigate the agency's finances, and that all spending had been accounted for during the criminal probe. premier jason kenney did not dispute the results of the investigation, but declined to reinstate funding, claiming that the site's management had lost the confidence of his government. = = = community perception = = = the expert advisory committee for vancouver β s insite found that health professionals, local police, the local community and the general public have positive or neutral views of the service, with opposition decreasing over time. = = = predicted cost effectiveness = = = the cost of running insite per annum is ca $ 3 million. mathematical modeling showed cost to benefit ratios of one dollar spent ranging from 1. 5 to 4. 02 in benefit. however, the expert advisory committee expressed reservation about the certainty of insite β s cost effectiveness until proper longitudinal studies had been undertaken. mathematical models for hiv transmissions foregone had not been locally validated and mathematical modeling from lives saved by the facility had not been validated. = = see also =
Answer:
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By an offeree's supplying information leading to arrest and conviction of an arsonist within the scope of the offer.
| null |
During 1976 a series of arsons, one of which damaged the Humongous Store, occurred in the City of Swelter. In early 1977 Swelter's City Council adopted this resolution: The City will pay $10,000 for the arrest and conviction of anyone guilty of any of the 1976 arsons committed here. The foregoing was telecast by the city's sole television station once daily for one week. Subsequently, Humongous, by a written memorandum to Gimlet, a private detective, proposed to pay Gimlet $200 "for each day's work you actually perform in investigating our fire." Thereafter, in August 1977, the Swelter City Council by resolution repealed its reward offer and caused this resolution to be broadcast once daily for a week over two local radio stations, the local television station having meanwhile ceased operations. In September 1977, a Humongous employee voluntarily confessed to Gimlet to having committed all of the 1976 arsons. Humongous's president thereupon paid Gimlet at the proposed daily rate for his investigation and suggested that Gimlet also claim the city's reward, of which Gimlet had been previously unaware. Gimlet immediately made the claim. In December 1977, as a result of Gimlet's investigation, the Humongous employee was convicted of burning the store. The city, which has no immunity to suit, has since refused to pay Gimlet anything, although he swears that he never heard of the city's repealer before claiming its reward"In which of the following ways could the city reward offer be effectively accepted?
0. Only by an offeree's return promise to make a reasonable effort to bring about the arrest and conviction of an arsonist within the scope of the offer.
1. Only by an offeree's making the arrest and assisting in the successful conviction of an arsonist within the scope of the offer.
2. By an offeree's supplying information leading to arrest and conviction of an arsonist within the scope of the offer.
3. By an offeree's communication of assent through the same medium (television) used by the city in making its offer.
probably took a couple of weeks or even months. the tunnel ( external pictures ) was reportedly so well constructed that it had ceiling supports and was about 3 feet wide. it connected the bank deposit and a nearby underground parking lot. probably nobody noticed anything, because the parking lot was shielded by roulettes, and people thought that this part was under repair. there are some similarities between this robbery and the baker street robbery in london. in 2024 it became public knowledge, that the federal financial supervisory authority had criticized the dusseldorf - neuss branch of the volksbank for insufficient measures against money laundering. the company gic international, allegedly founded in 2012 by the iranian ghadir holding, an entity of the regime in iran, and sanctioned by the united states, did business with the volksbank. journalists had uncovered communication of gic and ghadir personnel as late as 2022. in 2024 the same volksbank was conned by a former accountant of the french kiabi fashion group to transfer euro 100 million of kiabi's money to an account in turkey. as a result, kiabi requested the money back from the volksbank dusseldorf - neuss and the financial supervisory authority replaced the management in november with a special representative. in early 2025 the financial supervisory authority banned the " raiffeisenbank im hochtaunus eg " in bad homburg from granting loans. the bank had opened an online banking service in 2022 and had aggressively advertised for new customers. after press research, a combination of defaulted loans, equity ratio and structural risks prompted the supervisory authority to intervene. = = group structure and operations = = the cooperative group's entities, which are also directly or indirectly member institutions of the bvr, include : hundreds of local cooperative banks generally called genossenschaftsbank ( " cooperative bank " ), volksbank ( " people's bank " ), vereinigte volksbank ( " united people's bank " ), raiffeisenbank, raiffeisen - volksbank or volksbank raiffeisenbank or vr bank ; 14 psd banks, cooperative banks whose name is an acronym for " post, savings and loan associations " ( german : post -, spar - und darlehnsvereine ) ; 11 sparda - banks, cooperative banks whose name is a portmanteau also referring to savings and loans ( german : sparen und darlehen ) ; several church cooperative banks : liga bank in regensburg
government study conducted in 1999 β 2000, there were 467 cities and 332 smaller towns in russia which could be classified as monotowns. the combined population of these towns was 25 million, or a sixth of the country's total population. the 900 monotown enterprises β most of them involved in heavy industries such as manufacturing, fuels, timber, pulp and metallurgy β accounted for more than 30 % of industrial production. the monotowns suffered greatly in the late - 2000s recession, leading to mass unemployment in the cities. having no other hope, people have only one option - to protest. in one high - profile incident, in 2009 some 300 residents of the north - western town of pikalyovo blocked a major highway to protest against large delays in the payments of wages. prime minister vladimir putin traveled to the city and ordered the owner of the city's dominant company basel cement pikalyovo, oleg deripaska to pay over 41 million rubles ( $ 1. 3 million ) of wage arrears to the city's residents. the sum was paid out and the situation in the city calmed down, but questions remained about the long - term viability of the pikalyovo plants. as of 2018, the official list of russian monotowns includes 319 populated places. towns can be removed from the list, if the local economies are deemed to have become sufficiently diversified. in late 2017, 14 million russians lived in officially designated monotowns. a fund for the development of monotowns was established in 2014, to invest in infrastructure and promote economic diversification. the monotown list is divided into categories, depending on the socioeconomic situation. monotowns are not necessarily economically stagnant : norilsk has an above average employment rate, as well as relatively high salaries. = = = examples = = = russia's largest monotown is tolyatti, which has a population of 700, 000. it is home to the large avtovaz factory, which in late 2008 employed 106, 000 people. avtovaz is russia's largest carmaker, accounting for 1 % of the country's gdp. as of 2014, avtovaz is owned by nissan - renault, which uses even harsher workforce policies than the previous owner. however, the situation is somewhat helped by widespread small - scale car parts producers and other small car - oriented enterprises in the region, which are providing many additional workplaces. dalnegorsk, located in the russian far east, is
degree murder of his wife, nina reiser. after conviction and before sentencing, reiser pleaded guilty to the lesser charge of second - degree murder in exchange for disclosing the location of his wife's body. = = = 2010s = = = known as the banting murders of 2010 in malaysia, 47 - year - old cosmetics millionaire datuk sosilawati lawiya and her three companions β 38 - year - old bank officer noorhisham mohamad, 32 - year - old lawyer ahmad kamil abdul karim, and her 44 - year - old driver kamaruddin shamsuddin β disappeared after they last went to banting to meet a lawyer over a land deal. n. pathmanabhan, the lawyer who was supposed to meet the missing four, was found to have solicited the murders of the four by ordering his farm hands to kill the four missing people and burnt the victim's bodies at a farm which was registered under pathmanabhan's name. although none of the remains belonging to the victims were conclusively found, pathmanabhan and three of his farmhands β t. thilaiyalagan, r. matan and r. kathavarayan β were charged with murder. matan was later acquitted of all charges and released due to insufficient evidence, but pathmanabhan and the remaining two farm workers were found guilty of murder and sentenced to death based on circumstantial evidence and without the bodies of the victims. in 2011, in spain, miguel carcano delgado was sentenced to 20 years in prison for the murder of his ex - girlfriend marta del castillo, 17 - year - old high school student from seville, andalusia. del castillo disappeared on january 24, 2009, despite extensive searches, her body was never found. in 2012, in scotland, the prosecution secured two convictions without a body, for the murder of suzanne pilley and the murder of arlene fraser. in 2019, again in scotland, the prosecution secured a conviction without a body for the murder of margaret fleming in may 2013, mark bridger was convicted of the murder of april jones, a five - year - old girl from machynlleth, wales, who disappeared on 1 october 2012. at his trial, bridger claimed to have run her down in his car and killed her by accident, and to have no memory of what he did with her body after drinking heavily. the jury rejected his version of events, as bone fragments and blood discovered in bridge
, after which the police investigated his role in packman's disappearance. causley was eventually convicted of the murder in 1996 that conviction was quashed on appeal in 2003, but after a retrial in 2004, he was again convicted of the murder.. in 1988, helen mccourt, a 22 - year - old insurance clerk from lancashire disappeared. ian simms, a local pub landlord, was subsequently charged with and convicted of her murder. this case was also one of the first in the uk to use dna fingerprinting. in july 1989, kansas serial killer richard grissom was arrested after being connected to the disappearances of three young women the month prior. blood and hair samples found in grissom's car and garage led to prosecutors indicting him with three counts of murder. he was found guilty in 1990 and sentenced to life imprisonment. american courts have also been allowed to press murder charges even if a body has not been recovered. in 1990, a connecticut jury convicted newtown airline pilot richard crafts of killing his danish wife, helle, in the 1986 " woodchipper murder ", so called for the machine he had rented to dispose of her body in nearby lakes and streams. he was sentenced to 50 years in prison. the state police's forensic unit, led by henry lee, was able to match the dna of some of the fragments that were discovered to helle crafts and the wood chipper her husband had used. it was the first bodyless murder trial in the state's history. = = = 1990s = = = in april 1994, heidi allen, 18, of new haven, new york, was abducted from the convenience store where she worked. her body has never been found. brothers gary and richard thibodeau were charged with kidnapping and murder. they were tried separately. gary was found guilty and sentenced to 25 years to life, while richard was acquitted. in 1996, thomas capano was convicted of the murder of anne marie fahey, his former lover. investigators did not have a murder weapon or body, nor any evidence that capano had purchased a gun. he was convicted of first - degree murder in part due to the evidence given by his brother, gerry, who had admitted to helping capano dump fahey's body in the atlantic ocean. sante kimes and her son kenneth were convicted of the murder of irene silverman, whose body was never found. they were also both suspects in another murder in the bahamas where the body was never located
crime = = = the sydney msic was judged by its evaluators to have caused no increase in crime and not to have caused a β honey - pot effect β of drawing users and drug dealers to the kings cross area. observations before and after the opening of insite indicated no increases in drug dealing or petty crime in the area. there was no evidence that the facility influenced drug use in the community, but concerns that insite β sends the wrong message β to non - users could not be addressed from existing data. the european experience has been mixed. = = = = financial impropriety by scs service providers = = = = an audit of lethbridge arches scs by accounting firm deloitte, ordered by the alberta provincial government, found the scs had $ 1. 6 million in unaccounted funds between 2017 and 2018 ; additionally they found that led $ 342, 943 of grant funds had been expended on senior executive compensation despite the grant agreement allowing only $ 80, 000. beyond this, an additional $ 13, 000 was spent on parties, staff retreats, entertainment and gift cards, and numerous other inappropriate expenditures. the lethbridge police service and alberta justice specialized prosecutions branch later contradicted these findings, stating that all funds were present and accounted for in accounts belonging to the agency. when asked why these funds had previously been reported as missing, lps acting inspector pete christos stated that the initial auditors did not have the means to investigate the agency's finances, and that all spending had been accounted for during the criminal probe. premier jason kenney did not dispute the results of the investigation, but declined to reinstate funding, claiming that the site's management had lost the confidence of his government. = = = community perception = = = the expert advisory committee for vancouver β s insite found that health professionals, local police, the local community and the general public have positive or neutral views of the service, with opposition decreasing over time. = = = predicted cost effectiveness = = = the cost of running insite per annum is ca $ 3 million. mathematical modeling showed cost to benefit ratios of one dollar spent ranging from 1. 5 to 4. 02 in benefit. however, the expert advisory committee expressed reservation about the certainty of insite β s cost effectiveness until proper longitudinal studies had been undertaken. mathematical models for hiv transmissions foregone had not been locally validated and mathematical modeling from lives saved by the facility had not been validated. = = see also =
Answer:
|
Only by an offeree's return promise to make a reasonable effort to bring about the arrest and conviction of an arsonist within the scope of the offer.
| 0.3 |
During 1976 a series of arsons, one of which damaged the Humongous Store, occurred in the City of Swelter. In early 1977 Swelter's City Council adopted this resolution: The City will pay $10,000 for the arrest and conviction of anyone guilty of any of the 1976 arsons committed here. The foregoing was telecast by the city's sole television station once daily for one week. Subsequently, Humongous, by a written memorandum to Gimlet, a private detective, proposed to pay Gimlet $200 "for each day's work you actually perform in investigating our fire." Thereafter, in August 1977, the Swelter City Council by resolution repealed its reward offer and caused this resolution to be broadcast once daily for a week over two local radio stations, the local television station having meanwhile ceased operations. In September 1977, a Humongous employee voluntarily confessed to Gimlet to having committed all of the 1976 arsons. Humongous's president thereupon paid Gimlet at the proposed daily rate for his investigation and suggested that Gimlet also claim the city's reward, of which Gimlet had been previously unaware. Gimlet immediately made the claim. In December 1977, as a result of Gimlet's investigation, the Humongous employee was convicted of burning the store. The city, which has no immunity to suit, has since refused to pay Gimlet anything, although he swears that he never heard of the city's repealer before claiming its reward"With respect to duration, the city's reward offer was terminable
0. by lapse of time, on December 31 of the year in which it was made.
1. not by lapse of time, but only by effective revocation.
2. not by revocation, but only by lapse of a reasonable time.
3. either by lapse of a reasonable time or earlier by effective revocatio
probably took a couple of weeks or even months. the tunnel ( external pictures ) was reportedly so well constructed that it had ceiling supports and was about 3 feet wide. it connected the bank deposit and a nearby underground parking lot. probably nobody noticed anything, because the parking lot was shielded by roulettes, and people thought that this part was under repair. there are some similarities between this robbery and the baker street robbery in london. in 2024 it became public knowledge, that the federal financial supervisory authority had criticized the dusseldorf - neuss branch of the volksbank for insufficient measures against money laundering. the company gic international, allegedly founded in 2012 by the iranian ghadir holding, an entity of the regime in iran, and sanctioned by the united states, did business with the volksbank. journalists had uncovered communication of gic and ghadir personnel as late as 2022. in 2024 the same volksbank was conned by a former accountant of the french kiabi fashion group to transfer euro 100 million of kiabi's money to an account in turkey. as a result, kiabi requested the money back from the volksbank dusseldorf - neuss and the financial supervisory authority replaced the management in november with a special representative. in early 2025 the financial supervisory authority banned the " raiffeisenbank im hochtaunus eg " in bad homburg from granting loans. the bank had opened an online banking service in 2022 and had aggressively advertised for new customers. after press research, a combination of defaulted loans, equity ratio and structural risks prompted the supervisory authority to intervene. = = group structure and operations = = the cooperative group's entities, which are also directly or indirectly member institutions of the bvr, include : hundreds of local cooperative banks generally called genossenschaftsbank ( " cooperative bank " ), volksbank ( " people's bank " ), vereinigte volksbank ( " united people's bank " ), raiffeisenbank, raiffeisen - volksbank or volksbank raiffeisenbank or vr bank ; 14 psd banks, cooperative banks whose name is an acronym for " post, savings and loan associations " ( german : post -, spar - und darlehnsvereine ) ; 11 sparda - banks, cooperative banks whose name is a portmanteau also referring to savings and loans ( german : sparen und darlehen ) ; several church cooperative banks : liga bank in regensburg
government study conducted in 1999 β 2000, there were 467 cities and 332 smaller towns in russia which could be classified as monotowns. the combined population of these towns was 25 million, or a sixth of the country's total population. the 900 monotown enterprises β most of them involved in heavy industries such as manufacturing, fuels, timber, pulp and metallurgy β accounted for more than 30 % of industrial production. the monotowns suffered greatly in the late - 2000s recession, leading to mass unemployment in the cities. having no other hope, people have only one option - to protest. in one high - profile incident, in 2009 some 300 residents of the north - western town of pikalyovo blocked a major highway to protest against large delays in the payments of wages. prime minister vladimir putin traveled to the city and ordered the owner of the city's dominant company basel cement pikalyovo, oleg deripaska to pay over 41 million rubles ( $ 1. 3 million ) of wage arrears to the city's residents. the sum was paid out and the situation in the city calmed down, but questions remained about the long - term viability of the pikalyovo plants. as of 2018, the official list of russian monotowns includes 319 populated places. towns can be removed from the list, if the local economies are deemed to have become sufficiently diversified. in late 2017, 14 million russians lived in officially designated monotowns. a fund for the development of monotowns was established in 2014, to invest in infrastructure and promote economic diversification. the monotown list is divided into categories, depending on the socioeconomic situation. monotowns are not necessarily economically stagnant : norilsk has an above average employment rate, as well as relatively high salaries. = = = examples = = = russia's largest monotown is tolyatti, which has a population of 700, 000. it is home to the large avtovaz factory, which in late 2008 employed 106, 000 people. avtovaz is russia's largest carmaker, accounting for 1 % of the country's gdp. as of 2014, avtovaz is owned by nissan - renault, which uses even harsher workforce policies than the previous owner. however, the situation is somewhat helped by widespread small - scale car parts producers and other small car - oriented enterprises in the region, which are providing many additional workplaces. dalnegorsk, located in the russian far east, is
degree murder of his wife, nina reiser. after conviction and before sentencing, reiser pleaded guilty to the lesser charge of second - degree murder in exchange for disclosing the location of his wife's body. = = = 2010s = = = known as the banting murders of 2010 in malaysia, 47 - year - old cosmetics millionaire datuk sosilawati lawiya and her three companions β 38 - year - old bank officer noorhisham mohamad, 32 - year - old lawyer ahmad kamil abdul karim, and her 44 - year - old driver kamaruddin shamsuddin β disappeared after they last went to banting to meet a lawyer over a land deal. n. pathmanabhan, the lawyer who was supposed to meet the missing four, was found to have solicited the murders of the four by ordering his farm hands to kill the four missing people and burnt the victim's bodies at a farm which was registered under pathmanabhan's name. although none of the remains belonging to the victims were conclusively found, pathmanabhan and three of his farmhands β t. thilaiyalagan, r. matan and r. kathavarayan β were charged with murder. matan was later acquitted of all charges and released due to insufficient evidence, but pathmanabhan and the remaining two farm workers were found guilty of murder and sentenced to death based on circumstantial evidence and without the bodies of the victims. in 2011, in spain, miguel carcano delgado was sentenced to 20 years in prison for the murder of his ex - girlfriend marta del castillo, 17 - year - old high school student from seville, andalusia. del castillo disappeared on january 24, 2009, despite extensive searches, her body was never found. in 2012, in scotland, the prosecution secured two convictions without a body, for the murder of suzanne pilley and the murder of arlene fraser. in 2019, again in scotland, the prosecution secured a conviction without a body for the murder of margaret fleming in may 2013, mark bridger was convicted of the murder of april jones, a five - year - old girl from machynlleth, wales, who disappeared on 1 october 2012. at his trial, bridger claimed to have run her down in his car and killed her by accident, and to have no memory of what he did with her body after drinking heavily. the jury rejected his version of events, as bone fragments and blood discovered in bridge
, after which the police investigated his role in packman's disappearance. causley was eventually convicted of the murder in 1996 that conviction was quashed on appeal in 2003, but after a retrial in 2004, he was again convicted of the murder.. in 1988, helen mccourt, a 22 - year - old insurance clerk from lancashire disappeared. ian simms, a local pub landlord, was subsequently charged with and convicted of her murder. this case was also one of the first in the uk to use dna fingerprinting. in july 1989, kansas serial killer richard grissom was arrested after being connected to the disappearances of three young women the month prior. blood and hair samples found in grissom's car and garage led to prosecutors indicting him with three counts of murder. he was found guilty in 1990 and sentenced to life imprisonment. american courts have also been allowed to press murder charges even if a body has not been recovered. in 1990, a connecticut jury convicted newtown airline pilot richard crafts of killing his danish wife, helle, in the 1986 " woodchipper murder ", so called for the machine he had rented to dispose of her body in nearby lakes and streams. he was sentenced to 50 years in prison. the state police's forensic unit, led by henry lee, was able to match the dna of some of the fragments that were discovered to helle crafts and the wood chipper her husband had used. it was the first bodyless murder trial in the state's history. = = = 1990s = = = in april 1994, heidi allen, 18, of new haven, new york, was abducted from the convenience store where she worked. her body has never been found. brothers gary and richard thibodeau were charged with kidnapping and murder. they were tried separately. gary was found guilty and sentenced to 25 years to life, while richard was acquitted. in 1996, thomas capano was convicted of the murder of anne marie fahey, his former lover. investigators did not have a murder weapon or body, nor any evidence that capano had purchased a gun. he was convicted of first - degree murder in part due to the evidence given by his brother, gerry, who had admitted to helping capano dump fahey's body in the atlantic ocean. sante kimes and her son kenneth were convicted of the murder of irene silverman, whose body was never found. they were also both suspects in another murder in the bahamas where the body was never located
crime = = = the sydney msic was judged by its evaluators to have caused no increase in crime and not to have caused a β honey - pot effect β of drawing users and drug dealers to the kings cross area. observations before and after the opening of insite indicated no increases in drug dealing or petty crime in the area. there was no evidence that the facility influenced drug use in the community, but concerns that insite β sends the wrong message β to non - users could not be addressed from existing data. the european experience has been mixed. = = = = financial impropriety by scs service providers = = = = an audit of lethbridge arches scs by accounting firm deloitte, ordered by the alberta provincial government, found the scs had $ 1. 6 million in unaccounted funds between 2017 and 2018 ; additionally they found that led $ 342, 943 of grant funds had been expended on senior executive compensation despite the grant agreement allowing only $ 80, 000. beyond this, an additional $ 13, 000 was spent on parties, staff retreats, entertainment and gift cards, and numerous other inappropriate expenditures. the lethbridge police service and alberta justice specialized prosecutions branch later contradicted these findings, stating that all funds were present and accounted for in accounts belonging to the agency. when asked why these funds had previously been reported as missing, lps acting inspector pete christos stated that the initial auditors did not have the means to investigate the agency's finances, and that all spending had been accounted for during the criminal probe. premier jason kenney did not dispute the results of the investigation, but declined to reinstate funding, claiming that the site's management had lost the confidence of his government. = = = community perception = = = the expert advisory committee for vancouver β s insite found that health professionals, local police, the local community and the general public have positive or neutral views of the service, with opposition decreasing over time. = = = predicted cost effectiveness = = = the cost of running insite per annum is ca $ 3 million. mathematical modeling showed cost to benefit ratios of one dollar spent ranging from 1. 5 to 4. 02 in benefit. however, the expert advisory committee expressed reservation about the certainty of insite β s cost effectiveness until proper longitudinal studies had been undertaken. mathematical models for hiv transmissions foregone had not been locally validated and mathematical modeling from lives saved by the facility had not been validated. = = see also =
Answer:
|
either by lapse of a reasonable time or earlier by effective revocatio
| null |
During 1976 a series of arsons, one of which damaged the Humongous Store, occurred in the City of Swelter. In early 1977 Swelter's City Council adopted this resolution: The City will pay $10,000 for the arrest and conviction of anyone guilty of any of the 1976 arsons committed here. The foregoing was telecast by the city's sole television station once daily for one week. Subsequently, Humongous, by a written memorandum to Gimlet, a private detective, proposed to pay Gimlet $200 "for each day's work you actually perform in investigating our fire." Thereafter, in August 1977, the Swelter City Council by resolution repealed its reward offer and caused this resolution to be broadcast once daily for a week over two local radio stations, the local television station having meanwhile ceased operations. In September 1977, a Humongous employee voluntarily confessed to Gimlet to having committed all of the 1976 arsons. Humongous's president thereupon paid Gimlet at the proposed daily rate for his investigation and suggested that Gimlet also claim the city's reward, of which Gimlet had been previously unaware. Gimlet immediately made the claim. In December 1977, as a result of Gimlet's investigation, the Humongous employee was convicted of burning the store. The city, which has no immunity to suit, has since refused to pay Gimlet anything, although he swears that he never heard of the city's repealer before claiming its reward"With respect to duration, the city's reward offer was terminable
0. by lapse of time, on December 31 of the year in which it was made.
1. not by lapse of time, but only by effective revocation.
2. not by revocation, but only by lapse of a reasonable time.
3. either by lapse of a reasonable time or earlier by effective revocatio
probably took a couple of weeks or even months. the tunnel ( external pictures ) was reportedly so well constructed that it had ceiling supports and was about 3 feet wide. it connected the bank deposit and a nearby underground parking lot. probably nobody noticed anything, because the parking lot was shielded by roulettes, and people thought that this part was under repair. there are some similarities between this robbery and the baker street robbery in london. in 2024 it became public knowledge, that the federal financial supervisory authority had criticized the dusseldorf - neuss branch of the volksbank for insufficient measures against money laundering. the company gic international, allegedly founded in 2012 by the iranian ghadir holding, an entity of the regime in iran, and sanctioned by the united states, did business with the volksbank. journalists had uncovered communication of gic and ghadir personnel as late as 2022. in 2024 the same volksbank was conned by a former accountant of the french kiabi fashion group to transfer euro 100 million of kiabi's money to an account in turkey. as a result, kiabi requested the money back from the volksbank dusseldorf - neuss and the financial supervisory authority replaced the management in november with a special representative. in early 2025 the financial supervisory authority banned the " raiffeisenbank im hochtaunus eg " in bad homburg from granting loans. the bank had opened an online banking service in 2022 and had aggressively advertised for new customers. after press research, a combination of defaulted loans, equity ratio and structural risks prompted the supervisory authority to intervene. = = group structure and operations = = the cooperative group's entities, which are also directly or indirectly member institutions of the bvr, include : hundreds of local cooperative banks generally called genossenschaftsbank ( " cooperative bank " ), volksbank ( " people's bank " ), vereinigte volksbank ( " united people's bank " ), raiffeisenbank, raiffeisen - volksbank or volksbank raiffeisenbank or vr bank ; 14 psd banks, cooperative banks whose name is an acronym for " post, savings and loan associations " ( german : post -, spar - und darlehnsvereine ) ; 11 sparda - banks, cooperative banks whose name is a portmanteau also referring to savings and loans ( german : sparen und darlehen ) ; several church cooperative banks : liga bank in regensburg
government study conducted in 1999 β 2000, there were 467 cities and 332 smaller towns in russia which could be classified as monotowns. the combined population of these towns was 25 million, or a sixth of the country's total population. the 900 monotown enterprises β most of them involved in heavy industries such as manufacturing, fuels, timber, pulp and metallurgy β accounted for more than 30 % of industrial production. the monotowns suffered greatly in the late - 2000s recession, leading to mass unemployment in the cities. having no other hope, people have only one option - to protest. in one high - profile incident, in 2009 some 300 residents of the north - western town of pikalyovo blocked a major highway to protest against large delays in the payments of wages. prime minister vladimir putin traveled to the city and ordered the owner of the city's dominant company basel cement pikalyovo, oleg deripaska to pay over 41 million rubles ( $ 1. 3 million ) of wage arrears to the city's residents. the sum was paid out and the situation in the city calmed down, but questions remained about the long - term viability of the pikalyovo plants. as of 2018, the official list of russian monotowns includes 319 populated places. towns can be removed from the list, if the local economies are deemed to have become sufficiently diversified. in late 2017, 14 million russians lived in officially designated monotowns. a fund for the development of monotowns was established in 2014, to invest in infrastructure and promote economic diversification. the monotown list is divided into categories, depending on the socioeconomic situation. monotowns are not necessarily economically stagnant : norilsk has an above average employment rate, as well as relatively high salaries. = = = examples = = = russia's largest monotown is tolyatti, which has a population of 700, 000. it is home to the large avtovaz factory, which in late 2008 employed 106, 000 people. avtovaz is russia's largest carmaker, accounting for 1 % of the country's gdp. as of 2014, avtovaz is owned by nissan - renault, which uses even harsher workforce policies than the previous owner. however, the situation is somewhat helped by widespread small - scale car parts producers and other small car - oriented enterprises in the region, which are providing many additional workplaces. dalnegorsk, located in the russian far east, is
degree murder of his wife, nina reiser. after conviction and before sentencing, reiser pleaded guilty to the lesser charge of second - degree murder in exchange for disclosing the location of his wife's body. = = = 2010s = = = known as the banting murders of 2010 in malaysia, 47 - year - old cosmetics millionaire datuk sosilawati lawiya and her three companions β 38 - year - old bank officer noorhisham mohamad, 32 - year - old lawyer ahmad kamil abdul karim, and her 44 - year - old driver kamaruddin shamsuddin β disappeared after they last went to banting to meet a lawyer over a land deal. n. pathmanabhan, the lawyer who was supposed to meet the missing four, was found to have solicited the murders of the four by ordering his farm hands to kill the four missing people and burnt the victim's bodies at a farm which was registered under pathmanabhan's name. although none of the remains belonging to the victims were conclusively found, pathmanabhan and three of his farmhands β t. thilaiyalagan, r. matan and r. kathavarayan β were charged with murder. matan was later acquitted of all charges and released due to insufficient evidence, but pathmanabhan and the remaining two farm workers were found guilty of murder and sentenced to death based on circumstantial evidence and without the bodies of the victims. in 2011, in spain, miguel carcano delgado was sentenced to 20 years in prison for the murder of his ex - girlfriend marta del castillo, 17 - year - old high school student from seville, andalusia. del castillo disappeared on january 24, 2009, despite extensive searches, her body was never found. in 2012, in scotland, the prosecution secured two convictions without a body, for the murder of suzanne pilley and the murder of arlene fraser. in 2019, again in scotland, the prosecution secured a conviction without a body for the murder of margaret fleming in may 2013, mark bridger was convicted of the murder of april jones, a five - year - old girl from machynlleth, wales, who disappeared on 1 october 2012. at his trial, bridger claimed to have run her down in his car and killed her by accident, and to have no memory of what he did with her body after drinking heavily. the jury rejected his version of events, as bone fragments and blood discovered in bridge
, after which the police investigated his role in packman's disappearance. causley was eventually convicted of the murder in 1996 that conviction was quashed on appeal in 2003, but after a retrial in 2004, he was again convicted of the murder.. in 1988, helen mccourt, a 22 - year - old insurance clerk from lancashire disappeared. ian simms, a local pub landlord, was subsequently charged with and convicted of her murder. this case was also one of the first in the uk to use dna fingerprinting. in july 1989, kansas serial killer richard grissom was arrested after being connected to the disappearances of three young women the month prior. blood and hair samples found in grissom's car and garage led to prosecutors indicting him with three counts of murder. he was found guilty in 1990 and sentenced to life imprisonment. american courts have also been allowed to press murder charges even if a body has not been recovered. in 1990, a connecticut jury convicted newtown airline pilot richard crafts of killing his danish wife, helle, in the 1986 " woodchipper murder ", so called for the machine he had rented to dispose of her body in nearby lakes and streams. he was sentenced to 50 years in prison. the state police's forensic unit, led by henry lee, was able to match the dna of some of the fragments that were discovered to helle crafts and the wood chipper her husband had used. it was the first bodyless murder trial in the state's history. = = = 1990s = = = in april 1994, heidi allen, 18, of new haven, new york, was abducted from the convenience store where she worked. her body has never been found. brothers gary and richard thibodeau were charged with kidnapping and murder. they were tried separately. gary was found guilty and sentenced to 25 years to life, while richard was acquitted. in 1996, thomas capano was convicted of the murder of anne marie fahey, his former lover. investigators did not have a murder weapon or body, nor any evidence that capano had purchased a gun. he was convicted of first - degree murder in part due to the evidence given by his brother, gerry, who had admitted to helping capano dump fahey's body in the atlantic ocean. sante kimes and her son kenneth were convicted of the murder of irene silverman, whose body was never found. they were also both suspects in another murder in the bahamas where the body was never located
crime = = = the sydney msic was judged by its evaluators to have caused no increase in crime and not to have caused a β honey - pot effect β of drawing users and drug dealers to the kings cross area. observations before and after the opening of insite indicated no increases in drug dealing or petty crime in the area. there was no evidence that the facility influenced drug use in the community, but concerns that insite β sends the wrong message β to non - users could not be addressed from existing data. the european experience has been mixed. = = = = financial impropriety by scs service providers = = = = an audit of lethbridge arches scs by accounting firm deloitte, ordered by the alberta provincial government, found the scs had $ 1. 6 million in unaccounted funds between 2017 and 2018 ; additionally they found that led $ 342, 943 of grant funds had been expended on senior executive compensation despite the grant agreement allowing only $ 80, 000. beyond this, an additional $ 13, 000 was spent on parties, staff retreats, entertainment and gift cards, and numerous other inappropriate expenditures. the lethbridge police service and alberta justice specialized prosecutions branch later contradicted these findings, stating that all funds were present and accounted for in accounts belonging to the agency. when asked why these funds had previously been reported as missing, lps acting inspector pete christos stated that the initial auditors did not have the means to investigate the agency's finances, and that all spending had been accounted for during the criminal probe. premier jason kenney did not dispute the results of the investigation, but declined to reinstate funding, claiming that the site's management had lost the confidence of his government. = = = community perception = = = the expert advisory committee for vancouver β s insite found that health professionals, local police, the local community and the general public have positive or neutral views of the service, with opposition decreasing over time. = = = predicted cost effectiveness = = = the cost of running insite per annum is ca $ 3 million. mathematical modeling showed cost to benefit ratios of one dollar spent ranging from 1. 5 to 4. 02 in benefit. however, the expert advisory committee expressed reservation about the certainty of insite β s cost effectiveness until proper longitudinal studies had been undertaken. mathematical models for hiv transmissions foregone had not been locally validated and mathematical modeling from lives saved by the facility had not been validated. = = see also =
Answer:
|
by lapse of time, on December 31 of the year in which it was made.
| 0.3 |
During 1976 a series of arsons, one of which damaged the Humongous Store, occurred in the City of Swelter. In early 1977 Swelter's City Council adopted this resolution: The City will pay $10,000 for the arrest and conviction of anyone guilty of any of the 1976 arsons committed here. The foregoing was telecast by the city's sole television station once daily for one week. Subsequently, Humongous, by a written memorandum to Gimlet, a private detective, proposed to pay Gimlet $200 "for each day's work you actually perform in investigating our fire." Thereafter, in August 1977, the Swelter City Council by resolution repealed its reward offer and caused this resolution to be broadcast once daily for a week over two local radio stations, the local television station having meanwhile ceased operations. In September 1977, a Humongous employee voluntarily confessed to Gimlet to having committed all of the 1976 arsons. Humongous's president thereupon paid Gimlet at the proposed daily rate for his investigation and suggested that Gimlet also claim the city's reward, of which Gimlet had been previously unaware. Gimlet immediately made the claim. In December 1977, as a result of Gimlet's investigation, the Humongous employee was convicted of burning the store. The city, which has no immunity to suit, has since refused to pay Gimlet anything, although he swears that he never heard of the city's repealer before claiming its reward"If the city's reward offer was revocable, revocation could be effectively accomplished only
0. by publication in the legal notices of a local newspaper.
1. in the same manner as made, i.e., by local telecast at least once daily for one week.
2. in the same manner as made or by a comparable medium and frequency of publicity.
3. by notice mailed to all residents of the city and all other reasonably identifiable potential offerees
probably took a couple of weeks or even months. the tunnel ( external pictures ) was reportedly so well constructed that it had ceiling supports and was about 3 feet wide. it connected the bank deposit and a nearby underground parking lot. probably nobody noticed anything, because the parking lot was shielded by roulettes, and people thought that this part was under repair. there are some similarities between this robbery and the baker street robbery in london. in 2024 it became public knowledge, that the federal financial supervisory authority had criticized the dusseldorf - neuss branch of the volksbank for insufficient measures against money laundering. the company gic international, allegedly founded in 2012 by the iranian ghadir holding, an entity of the regime in iran, and sanctioned by the united states, did business with the volksbank. journalists had uncovered communication of gic and ghadir personnel as late as 2022. in 2024 the same volksbank was conned by a former accountant of the french kiabi fashion group to transfer euro 100 million of kiabi's money to an account in turkey. as a result, kiabi requested the money back from the volksbank dusseldorf - neuss and the financial supervisory authority replaced the management in november with a special representative. in early 2025 the financial supervisory authority banned the " raiffeisenbank im hochtaunus eg " in bad homburg from granting loans. the bank had opened an online banking service in 2022 and had aggressively advertised for new customers. after press research, a combination of defaulted loans, equity ratio and structural risks prompted the supervisory authority to intervene. = = group structure and operations = = the cooperative group's entities, which are also directly or indirectly member institutions of the bvr, include : hundreds of local cooperative banks generally called genossenschaftsbank ( " cooperative bank " ), volksbank ( " people's bank " ), vereinigte volksbank ( " united people's bank " ), raiffeisenbank, raiffeisen - volksbank or volksbank raiffeisenbank or vr bank ; 14 psd banks, cooperative banks whose name is an acronym for " post, savings and loan associations " ( german : post -, spar - und darlehnsvereine ) ; 11 sparda - banks, cooperative banks whose name is a portmanteau also referring to savings and loans ( german : sparen und darlehen ) ; several church cooperative banks : liga bank in regensburg
government study conducted in 1999 β 2000, there were 467 cities and 332 smaller towns in russia which could be classified as monotowns. the combined population of these towns was 25 million, or a sixth of the country's total population. the 900 monotown enterprises β most of them involved in heavy industries such as manufacturing, fuels, timber, pulp and metallurgy β accounted for more than 30 % of industrial production. the monotowns suffered greatly in the late - 2000s recession, leading to mass unemployment in the cities. having no other hope, people have only one option - to protest. in one high - profile incident, in 2009 some 300 residents of the north - western town of pikalyovo blocked a major highway to protest against large delays in the payments of wages. prime minister vladimir putin traveled to the city and ordered the owner of the city's dominant company basel cement pikalyovo, oleg deripaska to pay over 41 million rubles ( $ 1. 3 million ) of wage arrears to the city's residents. the sum was paid out and the situation in the city calmed down, but questions remained about the long - term viability of the pikalyovo plants. as of 2018, the official list of russian monotowns includes 319 populated places. towns can be removed from the list, if the local economies are deemed to have become sufficiently diversified. in late 2017, 14 million russians lived in officially designated monotowns. a fund for the development of monotowns was established in 2014, to invest in infrastructure and promote economic diversification. the monotown list is divided into categories, depending on the socioeconomic situation. monotowns are not necessarily economically stagnant : norilsk has an above average employment rate, as well as relatively high salaries. = = = examples = = = russia's largest monotown is tolyatti, which has a population of 700, 000. it is home to the large avtovaz factory, which in late 2008 employed 106, 000 people. avtovaz is russia's largest carmaker, accounting for 1 % of the country's gdp. as of 2014, avtovaz is owned by nissan - renault, which uses even harsher workforce policies than the previous owner. however, the situation is somewhat helped by widespread small - scale car parts producers and other small car - oriented enterprises in the region, which are providing many additional workplaces. dalnegorsk, located in the russian far east, is
degree murder of his wife, nina reiser. after conviction and before sentencing, reiser pleaded guilty to the lesser charge of second - degree murder in exchange for disclosing the location of his wife's body. = = = 2010s = = = known as the banting murders of 2010 in malaysia, 47 - year - old cosmetics millionaire datuk sosilawati lawiya and her three companions β 38 - year - old bank officer noorhisham mohamad, 32 - year - old lawyer ahmad kamil abdul karim, and her 44 - year - old driver kamaruddin shamsuddin β disappeared after they last went to banting to meet a lawyer over a land deal. n. pathmanabhan, the lawyer who was supposed to meet the missing four, was found to have solicited the murders of the four by ordering his farm hands to kill the four missing people and burnt the victim's bodies at a farm which was registered under pathmanabhan's name. although none of the remains belonging to the victims were conclusively found, pathmanabhan and three of his farmhands β t. thilaiyalagan, r. matan and r. kathavarayan β were charged with murder. matan was later acquitted of all charges and released due to insufficient evidence, but pathmanabhan and the remaining two farm workers were found guilty of murder and sentenced to death based on circumstantial evidence and without the bodies of the victims. in 2011, in spain, miguel carcano delgado was sentenced to 20 years in prison for the murder of his ex - girlfriend marta del castillo, 17 - year - old high school student from seville, andalusia. del castillo disappeared on january 24, 2009, despite extensive searches, her body was never found. in 2012, in scotland, the prosecution secured two convictions without a body, for the murder of suzanne pilley and the murder of arlene fraser. in 2019, again in scotland, the prosecution secured a conviction without a body for the murder of margaret fleming in may 2013, mark bridger was convicted of the murder of april jones, a five - year - old girl from machynlleth, wales, who disappeared on 1 october 2012. at his trial, bridger claimed to have run her down in his car and killed her by accident, and to have no memory of what he did with her body after drinking heavily. the jury rejected his version of events, as bone fragments and blood discovered in bridge
, after which the police investigated his role in packman's disappearance. causley was eventually convicted of the murder in 1996 that conviction was quashed on appeal in 2003, but after a retrial in 2004, he was again convicted of the murder.. in 1988, helen mccourt, a 22 - year - old insurance clerk from lancashire disappeared. ian simms, a local pub landlord, was subsequently charged with and convicted of her murder. this case was also one of the first in the uk to use dna fingerprinting. in july 1989, kansas serial killer richard grissom was arrested after being connected to the disappearances of three young women the month prior. blood and hair samples found in grissom's car and garage led to prosecutors indicting him with three counts of murder. he was found guilty in 1990 and sentenced to life imprisonment. american courts have also been allowed to press murder charges even if a body has not been recovered. in 1990, a connecticut jury convicted newtown airline pilot richard crafts of killing his danish wife, helle, in the 1986 " woodchipper murder ", so called for the machine he had rented to dispose of her body in nearby lakes and streams. he was sentenced to 50 years in prison. the state police's forensic unit, led by henry lee, was able to match the dna of some of the fragments that were discovered to helle crafts and the wood chipper her husband had used. it was the first bodyless murder trial in the state's history. = = = 1990s = = = in april 1994, heidi allen, 18, of new haven, new york, was abducted from the convenience store where she worked. her body has never been found. brothers gary and richard thibodeau were charged with kidnapping and murder. they were tried separately. gary was found guilty and sentenced to 25 years to life, while richard was acquitted. in 1996, thomas capano was convicted of the murder of anne marie fahey, his former lover. investigators did not have a murder weapon or body, nor any evidence that capano had purchased a gun. he was convicted of first - degree murder in part due to the evidence given by his brother, gerry, who had admitted to helping capano dump fahey's body in the atlantic ocean. sante kimes and her son kenneth were convicted of the murder of irene silverman, whose body was never found. they were also both suspects in another murder in the bahamas where the body was never located
crime = = = the sydney msic was judged by its evaluators to have caused no increase in crime and not to have caused a β honey - pot effect β of drawing users and drug dealers to the kings cross area. observations before and after the opening of insite indicated no increases in drug dealing or petty crime in the area. there was no evidence that the facility influenced drug use in the community, but concerns that insite β sends the wrong message β to non - users could not be addressed from existing data. the european experience has been mixed. = = = = financial impropriety by scs service providers = = = = an audit of lethbridge arches scs by accounting firm deloitte, ordered by the alberta provincial government, found the scs had $ 1. 6 million in unaccounted funds between 2017 and 2018 ; additionally they found that led $ 342, 943 of grant funds had been expended on senior executive compensation despite the grant agreement allowing only $ 80, 000. beyond this, an additional $ 13, 000 was spent on parties, staff retreats, entertainment and gift cards, and numerous other inappropriate expenditures. the lethbridge police service and alberta justice specialized prosecutions branch later contradicted these findings, stating that all funds were present and accounted for in accounts belonging to the agency. when asked why these funds had previously been reported as missing, lps acting inspector pete christos stated that the initial auditors did not have the means to investigate the agency's finances, and that all spending had been accounted for during the criminal probe. premier jason kenney did not dispute the results of the investigation, but declined to reinstate funding, claiming that the site's management had lost the confidence of his government. = = = community perception = = = the expert advisory committee for vancouver β s insite found that health professionals, local police, the local community and the general public have positive or neutral views of the service, with opposition decreasing over time. = = = predicted cost effectiveness = = = the cost of running insite per annum is ca $ 3 million. mathematical modeling showed cost to benefit ratios of one dollar spent ranging from 1. 5 to 4. 02 in benefit. however, the expert advisory committee expressed reservation about the certainty of insite β s cost effectiveness until proper longitudinal studies had been undertaken. mathematical models for hiv transmissions foregone had not been locally validated and mathematical modeling from lives saved by the facility had not been validated. = = see also =
Answer:
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in the same manner as made or by a comparable medium and frequency of publicity.
| null |
During 1976 a series of arsons, one of which damaged the Humongous Store, occurred in the City of Swelter. In early 1977 Swelter's City Council adopted this resolution: The City will pay $10,000 for the arrest and conviction of anyone guilty of any of the 1976 arsons committed here. The foregoing was telecast by the city's sole television station once daily for one week. Subsequently, Humongous, by a written memorandum to Gimlet, a private detective, proposed to pay Gimlet $200 "for each day's work you actually perform in investigating our fire." Thereafter, in August 1977, the Swelter City Council by resolution repealed its reward offer and caused this resolution to be broadcast once daily for a week over two local radio stations, the local television station having meanwhile ceased operations. In September 1977, a Humongous employee voluntarily confessed to Gimlet to having committed all of the 1976 arsons. Humongous's president thereupon paid Gimlet at the proposed daily rate for his investigation and suggested that Gimlet also claim the city's reward, of which Gimlet had been previously unaware. Gimlet immediately made the claim. In December 1977, as a result of Gimlet's investigation, the Humongous employee was convicted of burning the store. The city, which has no immunity to suit, has since refused to pay Gimlet anything, although he swears that he never heard of the city's repealer before claiming its reward"If the city's reward offer was revocable, revocation could be effectively accomplished only
0. by publication in the legal notices of a local newspaper.
1. in the same manner as made, i.e., by local telecast at least once daily for one week.
2. in the same manner as made or by a comparable medium and frequency of publicity.
3. by notice mailed to all residents of the city and all other reasonably identifiable potential offerees
probably took a couple of weeks or even months. the tunnel ( external pictures ) was reportedly so well constructed that it had ceiling supports and was about 3 feet wide. it connected the bank deposit and a nearby underground parking lot. probably nobody noticed anything, because the parking lot was shielded by roulettes, and people thought that this part was under repair. there are some similarities between this robbery and the baker street robbery in london. in 2024 it became public knowledge, that the federal financial supervisory authority had criticized the dusseldorf - neuss branch of the volksbank for insufficient measures against money laundering. the company gic international, allegedly founded in 2012 by the iranian ghadir holding, an entity of the regime in iran, and sanctioned by the united states, did business with the volksbank. journalists had uncovered communication of gic and ghadir personnel as late as 2022. in 2024 the same volksbank was conned by a former accountant of the french kiabi fashion group to transfer euro 100 million of kiabi's money to an account in turkey. as a result, kiabi requested the money back from the volksbank dusseldorf - neuss and the financial supervisory authority replaced the management in november with a special representative. in early 2025 the financial supervisory authority banned the " raiffeisenbank im hochtaunus eg " in bad homburg from granting loans. the bank had opened an online banking service in 2022 and had aggressively advertised for new customers. after press research, a combination of defaulted loans, equity ratio and structural risks prompted the supervisory authority to intervene. = = group structure and operations = = the cooperative group's entities, which are also directly or indirectly member institutions of the bvr, include : hundreds of local cooperative banks generally called genossenschaftsbank ( " cooperative bank " ), volksbank ( " people's bank " ), vereinigte volksbank ( " united people's bank " ), raiffeisenbank, raiffeisen - volksbank or volksbank raiffeisenbank or vr bank ; 14 psd banks, cooperative banks whose name is an acronym for " post, savings and loan associations " ( german : post -, spar - und darlehnsvereine ) ; 11 sparda - banks, cooperative banks whose name is a portmanteau also referring to savings and loans ( german : sparen und darlehen ) ; several church cooperative banks : liga bank in regensburg
government study conducted in 1999 β 2000, there were 467 cities and 332 smaller towns in russia which could be classified as monotowns. the combined population of these towns was 25 million, or a sixth of the country's total population. the 900 monotown enterprises β most of them involved in heavy industries such as manufacturing, fuels, timber, pulp and metallurgy β accounted for more than 30 % of industrial production. the monotowns suffered greatly in the late - 2000s recession, leading to mass unemployment in the cities. having no other hope, people have only one option - to protest. in one high - profile incident, in 2009 some 300 residents of the north - western town of pikalyovo blocked a major highway to protest against large delays in the payments of wages. prime minister vladimir putin traveled to the city and ordered the owner of the city's dominant company basel cement pikalyovo, oleg deripaska to pay over 41 million rubles ( $ 1. 3 million ) of wage arrears to the city's residents. the sum was paid out and the situation in the city calmed down, but questions remained about the long - term viability of the pikalyovo plants. as of 2018, the official list of russian monotowns includes 319 populated places. towns can be removed from the list, if the local economies are deemed to have become sufficiently diversified. in late 2017, 14 million russians lived in officially designated monotowns. a fund for the development of monotowns was established in 2014, to invest in infrastructure and promote economic diversification. the monotown list is divided into categories, depending on the socioeconomic situation. monotowns are not necessarily economically stagnant : norilsk has an above average employment rate, as well as relatively high salaries. = = = examples = = = russia's largest monotown is tolyatti, which has a population of 700, 000. it is home to the large avtovaz factory, which in late 2008 employed 106, 000 people. avtovaz is russia's largest carmaker, accounting for 1 % of the country's gdp. as of 2014, avtovaz is owned by nissan - renault, which uses even harsher workforce policies than the previous owner. however, the situation is somewhat helped by widespread small - scale car parts producers and other small car - oriented enterprises in the region, which are providing many additional workplaces. dalnegorsk, located in the russian far east, is
degree murder of his wife, nina reiser. after conviction and before sentencing, reiser pleaded guilty to the lesser charge of second - degree murder in exchange for disclosing the location of his wife's body. = = = 2010s = = = known as the banting murders of 2010 in malaysia, 47 - year - old cosmetics millionaire datuk sosilawati lawiya and her three companions β 38 - year - old bank officer noorhisham mohamad, 32 - year - old lawyer ahmad kamil abdul karim, and her 44 - year - old driver kamaruddin shamsuddin β disappeared after they last went to banting to meet a lawyer over a land deal. n. pathmanabhan, the lawyer who was supposed to meet the missing four, was found to have solicited the murders of the four by ordering his farm hands to kill the four missing people and burnt the victim's bodies at a farm which was registered under pathmanabhan's name. although none of the remains belonging to the victims were conclusively found, pathmanabhan and three of his farmhands β t. thilaiyalagan, r. matan and r. kathavarayan β were charged with murder. matan was later acquitted of all charges and released due to insufficient evidence, but pathmanabhan and the remaining two farm workers were found guilty of murder and sentenced to death based on circumstantial evidence and without the bodies of the victims. in 2011, in spain, miguel carcano delgado was sentenced to 20 years in prison for the murder of his ex - girlfriend marta del castillo, 17 - year - old high school student from seville, andalusia. del castillo disappeared on january 24, 2009, despite extensive searches, her body was never found. in 2012, in scotland, the prosecution secured two convictions without a body, for the murder of suzanne pilley and the murder of arlene fraser. in 2019, again in scotland, the prosecution secured a conviction without a body for the murder of margaret fleming in may 2013, mark bridger was convicted of the murder of april jones, a five - year - old girl from machynlleth, wales, who disappeared on 1 october 2012. at his trial, bridger claimed to have run her down in his car and killed her by accident, and to have no memory of what he did with her body after drinking heavily. the jury rejected his version of events, as bone fragments and blood discovered in bridge
, after which the police investigated his role in packman's disappearance. causley was eventually convicted of the murder in 1996 that conviction was quashed on appeal in 2003, but after a retrial in 2004, he was again convicted of the murder.. in 1988, helen mccourt, a 22 - year - old insurance clerk from lancashire disappeared. ian simms, a local pub landlord, was subsequently charged with and convicted of her murder. this case was also one of the first in the uk to use dna fingerprinting. in july 1989, kansas serial killer richard grissom was arrested after being connected to the disappearances of three young women the month prior. blood and hair samples found in grissom's car and garage led to prosecutors indicting him with three counts of murder. he was found guilty in 1990 and sentenced to life imprisonment. american courts have also been allowed to press murder charges even if a body has not been recovered. in 1990, a connecticut jury convicted newtown airline pilot richard crafts of killing his danish wife, helle, in the 1986 " woodchipper murder ", so called for the machine he had rented to dispose of her body in nearby lakes and streams. he was sentenced to 50 years in prison. the state police's forensic unit, led by henry lee, was able to match the dna of some of the fragments that were discovered to helle crafts and the wood chipper her husband had used. it was the first bodyless murder trial in the state's history. = = = 1990s = = = in april 1994, heidi allen, 18, of new haven, new york, was abducted from the convenience store where she worked. her body has never been found. brothers gary and richard thibodeau were charged with kidnapping and murder. they were tried separately. gary was found guilty and sentenced to 25 years to life, while richard was acquitted. in 1996, thomas capano was convicted of the murder of anne marie fahey, his former lover. investigators did not have a murder weapon or body, nor any evidence that capano had purchased a gun. he was convicted of first - degree murder in part due to the evidence given by his brother, gerry, who had admitted to helping capano dump fahey's body in the atlantic ocean. sante kimes and her son kenneth were convicted of the murder of irene silverman, whose body was never found. they were also both suspects in another murder in the bahamas where the body was never located
crime = = = the sydney msic was judged by its evaluators to have caused no increase in crime and not to have caused a β honey - pot effect β of drawing users and drug dealers to the kings cross area. observations before and after the opening of insite indicated no increases in drug dealing or petty crime in the area. there was no evidence that the facility influenced drug use in the community, but concerns that insite β sends the wrong message β to non - users could not be addressed from existing data. the european experience has been mixed. = = = = financial impropriety by scs service providers = = = = an audit of lethbridge arches scs by accounting firm deloitte, ordered by the alberta provincial government, found the scs had $ 1. 6 million in unaccounted funds between 2017 and 2018 ; additionally they found that led $ 342, 943 of grant funds had been expended on senior executive compensation despite the grant agreement allowing only $ 80, 000. beyond this, an additional $ 13, 000 was spent on parties, staff retreats, entertainment and gift cards, and numerous other inappropriate expenditures. the lethbridge police service and alberta justice specialized prosecutions branch later contradicted these findings, stating that all funds were present and accounted for in accounts belonging to the agency. when asked why these funds had previously been reported as missing, lps acting inspector pete christos stated that the initial auditors did not have the means to investigate the agency's finances, and that all spending had been accounted for during the criminal probe. premier jason kenney did not dispute the results of the investigation, but declined to reinstate funding, claiming that the site's management had lost the confidence of his government. = = = community perception = = = the expert advisory committee for vancouver β s insite found that health professionals, local police, the local community and the general public have positive or neutral views of the service, with opposition decreasing over time. = = = predicted cost effectiveness = = = the cost of running insite per annum is ca $ 3 million. mathematical modeling showed cost to benefit ratios of one dollar spent ranging from 1. 5 to 4. 02 in benefit. however, the expert advisory committee expressed reservation about the certainty of insite β s cost effectiveness until proper longitudinal studies had been undertaken. mathematical models for hiv transmissions foregone had not been locally validated and mathematical modeling from lives saved by the facility had not been validated. = = see also =
Answer:
|
by publication in the legal notices of a local newspaper.
| 0.3 |
During 1976 a series of arsons, one of which damaged the Humongous Store, occurred in the City of Swelter. In early 1977 Swelter's City Council adopted this resolution: The City will pay $10,000 for the arrest and conviction of anyone guilty of any of the 1976 arsons committed here. The foregoing was telecast by the city's sole television station once daily for one week. Subsequently, Humongous, by a written memorandum to Gimlet, a private detective, proposed to pay Gimlet $200 "for each day's work you actually perform in investigating our fire." Thereafter, in August 1977, the Swelter City Council by resolution repealed its reward offer and caused this resolution to be broadcast once daily for a week over two local radio stations, the local television station having meanwhile ceased operations. In September 1977, a Humongous employee voluntarily confessed to Gimlet to having committed all of the 1976 arsons. Humongous's president thereupon paid Gimlet at the proposed daily rate for his investigation and suggested that Gimlet also claim the city's reward, of which Gimlet had been previously unaware. Gimlet immediately made the claim. In December 1977, as a result of Gimlet's investigation, the Humongous employee was convicted of burning the store. The city, which has no immunity to suit, has since refused to pay Gimlet anything, although he swears that he never heard of the city's repealer before claiming its reward"Which of the following best characterizes the relationship between Humongous and Gimlet?
0. A unilateral offer of employment by Humongous which became irrevocable for a reasonable number of days after Gimlet commenced his investigation of the store's arson.
1. An employment for compensation subject to a condition precedent that Gimlet succeed in his investigation.
2. A series of daily bilateral contracts, Humongous exchanging an express promise to pay the daily rate for Gimlet's implied promise to pursue his investigation with reasonable diligence.
3. A series of daily unilateral contracts, Humongous exchanging an express promise to pay the daily rate for Gimlet's daily activity of investigating the store's arson
probably took a couple of weeks or even months. the tunnel ( external pictures ) was reportedly so well constructed that it had ceiling supports and was about 3 feet wide. it connected the bank deposit and a nearby underground parking lot. probably nobody noticed anything, because the parking lot was shielded by roulettes, and people thought that this part was under repair. there are some similarities between this robbery and the baker street robbery in london. in 2024 it became public knowledge, that the federal financial supervisory authority had criticized the dusseldorf - neuss branch of the volksbank for insufficient measures against money laundering. the company gic international, allegedly founded in 2012 by the iranian ghadir holding, an entity of the regime in iran, and sanctioned by the united states, did business with the volksbank. journalists had uncovered communication of gic and ghadir personnel as late as 2022. in 2024 the same volksbank was conned by a former accountant of the french kiabi fashion group to transfer euro 100 million of kiabi's money to an account in turkey. as a result, kiabi requested the money back from the volksbank dusseldorf - neuss and the financial supervisory authority replaced the management in november with a special representative. in early 2025 the financial supervisory authority banned the " raiffeisenbank im hochtaunus eg " in bad homburg from granting loans. the bank had opened an online banking service in 2022 and had aggressively advertised for new customers. after press research, a combination of defaulted loans, equity ratio and structural risks prompted the supervisory authority to intervene. = = group structure and operations = = the cooperative group's entities, which are also directly or indirectly member institutions of the bvr, include : hundreds of local cooperative banks generally called genossenschaftsbank ( " cooperative bank " ), volksbank ( " people's bank " ), vereinigte volksbank ( " united people's bank " ), raiffeisenbank, raiffeisen - volksbank or volksbank raiffeisenbank or vr bank ; 14 psd banks, cooperative banks whose name is an acronym for " post, savings and loan associations " ( german : post -, spar - und darlehnsvereine ) ; 11 sparda - banks, cooperative banks whose name is a portmanteau also referring to savings and loans ( german : sparen und darlehen ) ; several church cooperative banks : liga bank in regensburg
government study conducted in 1999 β 2000, there were 467 cities and 332 smaller towns in russia which could be classified as monotowns. the combined population of these towns was 25 million, or a sixth of the country's total population. the 900 monotown enterprises β most of them involved in heavy industries such as manufacturing, fuels, timber, pulp and metallurgy β accounted for more than 30 % of industrial production. the monotowns suffered greatly in the late - 2000s recession, leading to mass unemployment in the cities. having no other hope, people have only one option - to protest. in one high - profile incident, in 2009 some 300 residents of the north - western town of pikalyovo blocked a major highway to protest against large delays in the payments of wages. prime minister vladimir putin traveled to the city and ordered the owner of the city's dominant company basel cement pikalyovo, oleg deripaska to pay over 41 million rubles ( $ 1. 3 million ) of wage arrears to the city's residents. the sum was paid out and the situation in the city calmed down, but questions remained about the long - term viability of the pikalyovo plants. as of 2018, the official list of russian monotowns includes 319 populated places. towns can be removed from the list, if the local economies are deemed to have become sufficiently diversified. in late 2017, 14 million russians lived in officially designated monotowns. a fund for the development of monotowns was established in 2014, to invest in infrastructure and promote economic diversification. the monotown list is divided into categories, depending on the socioeconomic situation. monotowns are not necessarily economically stagnant : norilsk has an above average employment rate, as well as relatively high salaries. = = = examples = = = russia's largest monotown is tolyatti, which has a population of 700, 000. it is home to the large avtovaz factory, which in late 2008 employed 106, 000 people. avtovaz is russia's largest carmaker, accounting for 1 % of the country's gdp. as of 2014, avtovaz is owned by nissan - renault, which uses even harsher workforce policies than the previous owner. however, the situation is somewhat helped by widespread small - scale car parts producers and other small car - oriented enterprises in the region, which are providing many additional workplaces. dalnegorsk, located in the russian far east, is
degree murder of his wife, nina reiser. after conviction and before sentencing, reiser pleaded guilty to the lesser charge of second - degree murder in exchange for disclosing the location of his wife's body. = = = 2010s = = = known as the banting murders of 2010 in malaysia, 47 - year - old cosmetics millionaire datuk sosilawati lawiya and her three companions β 38 - year - old bank officer noorhisham mohamad, 32 - year - old lawyer ahmad kamil abdul karim, and her 44 - year - old driver kamaruddin shamsuddin β disappeared after they last went to banting to meet a lawyer over a land deal. n. pathmanabhan, the lawyer who was supposed to meet the missing four, was found to have solicited the murders of the four by ordering his farm hands to kill the four missing people and burnt the victim's bodies at a farm which was registered under pathmanabhan's name. although none of the remains belonging to the victims were conclusively found, pathmanabhan and three of his farmhands β t. thilaiyalagan, r. matan and r. kathavarayan β were charged with murder. matan was later acquitted of all charges and released due to insufficient evidence, but pathmanabhan and the remaining two farm workers were found guilty of murder and sentenced to death based on circumstantial evidence and without the bodies of the victims. in 2011, in spain, miguel carcano delgado was sentenced to 20 years in prison for the murder of his ex - girlfriend marta del castillo, 17 - year - old high school student from seville, andalusia. del castillo disappeared on january 24, 2009, despite extensive searches, her body was never found. in 2012, in scotland, the prosecution secured two convictions without a body, for the murder of suzanne pilley and the murder of arlene fraser. in 2019, again in scotland, the prosecution secured a conviction without a body for the murder of margaret fleming in may 2013, mark bridger was convicted of the murder of april jones, a five - year - old girl from machynlleth, wales, who disappeared on 1 october 2012. at his trial, bridger claimed to have run her down in his car and killed her by accident, and to have no memory of what he did with her body after drinking heavily. the jury rejected his version of events, as bone fragments and blood discovered in bridge
, after which the police investigated his role in packman's disappearance. causley was eventually convicted of the murder in 1996 that conviction was quashed on appeal in 2003, but after a retrial in 2004, he was again convicted of the murder.. in 1988, helen mccourt, a 22 - year - old insurance clerk from lancashire disappeared. ian simms, a local pub landlord, was subsequently charged with and convicted of her murder. this case was also one of the first in the uk to use dna fingerprinting. in july 1989, kansas serial killer richard grissom was arrested after being connected to the disappearances of three young women the month prior. blood and hair samples found in grissom's car and garage led to prosecutors indicting him with three counts of murder. he was found guilty in 1990 and sentenced to life imprisonment. american courts have also been allowed to press murder charges even if a body has not been recovered. in 1990, a connecticut jury convicted newtown airline pilot richard crafts of killing his danish wife, helle, in the 1986 " woodchipper murder ", so called for the machine he had rented to dispose of her body in nearby lakes and streams. he was sentenced to 50 years in prison. the state police's forensic unit, led by henry lee, was able to match the dna of some of the fragments that were discovered to helle crafts and the wood chipper her husband had used. it was the first bodyless murder trial in the state's history. = = = 1990s = = = in april 1994, heidi allen, 18, of new haven, new york, was abducted from the convenience store where she worked. her body has never been found. brothers gary and richard thibodeau were charged with kidnapping and murder. they were tried separately. gary was found guilty and sentenced to 25 years to life, while richard was acquitted. in 1996, thomas capano was convicted of the murder of anne marie fahey, his former lover. investigators did not have a murder weapon or body, nor any evidence that capano had purchased a gun. he was convicted of first - degree murder in part due to the evidence given by his brother, gerry, who had admitted to helping capano dump fahey's body in the atlantic ocean. sante kimes and her son kenneth were convicted of the murder of irene silverman, whose body was never found. they were also both suspects in another murder in the bahamas where the body was never located
crime = = = the sydney msic was judged by its evaluators to have caused no increase in crime and not to have caused a β honey - pot effect β of drawing users and drug dealers to the kings cross area. observations before and after the opening of insite indicated no increases in drug dealing or petty crime in the area. there was no evidence that the facility influenced drug use in the community, but concerns that insite β sends the wrong message β to non - users could not be addressed from existing data. the european experience has been mixed. = = = = financial impropriety by scs service providers = = = = an audit of lethbridge arches scs by accounting firm deloitte, ordered by the alberta provincial government, found the scs had $ 1. 6 million in unaccounted funds between 2017 and 2018 ; additionally they found that led $ 342, 943 of grant funds had been expended on senior executive compensation despite the grant agreement allowing only $ 80, 000. beyond this, an additional $ 13, 000 was spent on parties, staff retreats, entertainment and gift cards, and numerous other inappropriate expenditures. the lethbridge police service and alberta justice specialized prosecutions branch later contradicted these findings, stating that all funds were present and accounted for in accounts belonging to the agency. when asked why these funds had previously been reported as missing, lps acting inspector pete christos stated that the initial auditors did not have the means to investigate the agency's finances, and that all spending had been accounted for during the criminal probe. premier jason kenney did not dispute the results of the investigation, but declined to reinstate funding, claiming that the site's management had lost the confidence of his government. = = = community perception = = = the expert advisory committee for vancouver β s insite found that health professionals, local police, the local community and the general public have positive or neutral views of the service, with opposition decreasing over time. = = = predicted cost effectiveness = = = the cost of running insite per annum is ca $ 3 million. mathematical modeling showed cost to benefit ratios of one dollar spent ranging from 1. 5 to 4. 02 in benefit. however, the expert advisory committee expressed reservation about the certainty of insite β s cost effectiveness until proper longitudinal studies had been undertaken. mathematical models for hiv transmissions foregone had not been locally validated and mathematical modeling from lives saved by the facility had not been validated. = = see also =
Answer:
|
A series of daily unilateral contracts, Humongous exchanging an express promise to pay the daily rate for Gimlet's daily activity of investigating the store's arson
| null |
During 1976 a series of arsons, one of which damaged the Humongous Store, occurred in the City of Swelter. In early 1977 Swelter's City Council adopted this resolution: The City will pay $10,000 for the arrest and conviction of anyone guilty of any of the 1976 arsons committed here. The foregoing was telecast by the city's sole television station once daily for one week. Subsequently, Humongous, by a written memorandum to Gimlet, a private detective, proposed to pay Gimlet $200 "for each day's work you actually perform in investigating our fire." Thereafter, in August 1977, the Swelter City Council by resolution repealed its reward offer and caused this resolution to be broadcast once daily for a week over two local radio stations, the local television station having meanwhile ceased operations. In September 1977, a Humongous employee voluntarily confessed to Gimlet to having committed all of the 1976 arsons. Humongous's president thereupon paid Gimlet at the proposed daily rate for his investigation and suggested that Gimlet also claim the city's reward, of which Gimlet had been previously unaware. Gimlet immediately made the claim. In December 1977, as a result of Gimlet's investigation, the Humongous employee was convicted of burning the store. The city, which has no immunity to suit, has since refused to pay Gimlet anything, although he swears that he never heard of the city's repealer before claiming its reward"Which of the following best characterizes the relationship between Humongous and Gimlet?
0. A unilateral offer of employment by Humongous which became irrevocable for a reasonable number of days after Gimlet commenced his investigation of the store's arson.
1. An employment for compensation subject to a condition precedent that Gimlet succeed in his investigation.
2. A series of daily bilateral contracts, Humongous exchanging an express promise to pay the daily rate for Gimlet's implied promise to pursue his investigation with reasonable diligence.
3. A series of daily unilateral contracts, Humongous exchanging an express promise to pay the daily rate for Gimlet's daily activity of investigating the store's arson
probably took a couple of weeks or even months. the tunnel ( external pictures ) was reportedly so well constructed that it had ceiling supports and was about 3 feet wide. it connected the bank deposit and a nearby underground parking lot. probably nobody noticed anything, because the parking lot was shielded by roulettes, and people thought that this part was under repair. there are some similarities between this robbery and the baker street robbery in london. in 2024 it became public knowledge, that the federal financial supervisory authority had criticized the dusseldorf - neuss branch of the volksbank for insufficient measures against money laundering. the company gic international, allegedly founded in 2012 by the iranian ghadir holding, an entity of the regime in iran, and sanctioned by the united states, did business with the volksbank. journalists had uncovered communication of gic and ghadir personnel as late as 2022. in 2024 the same volksbank was conned by a former accountant of the french kiabi fashion group to transfer euro 100 million of kiabi's money to an account in turkey. as a result, kiabi requested the money back from the volksbank dusseldorf - neuss and the financial supervisory authority replaced the management in november with a special representative. in early 2025 the financial supervisory authority banned the " raiffeisenbank im hochtaunus eg " in bad homburg from granting loans. the bank had opened an online banking service in 2022 and had aggressively advertised for new customers. after press research, a combination of defaulted loans, equity ratio and structural risks prompted the supervisory authority to intervene. = = group structure and operations = = the cooperative group's entities, which are also directly or indirectly member institutions of the bvr, include : hundreds of local cooperative banks generally called genossenschaftsbank ( " cooperative bank " ), volksbank ( " people's bank " ), vereinigte volksbank ( " united people's bank " ), raiffeisenbank, raiffeisen - volksbank or volksbank raiffeisenbank or vr bank ; 14 psd banks, cooperative banks whose name is an acronym for " post, savings and loan associations " ( german : post -, spar - und darlehnsvereine ) ; 11 sparda - banks, cooperative banks whose name is a portmanteau also referring to savings and loans ( german : sparen und darlehen ) ; several church cooperative banks : liga bank in regensburg
government study conducted in 1999 β 2000, there were 467 cities and 332 smaller towns in russia which could be classified as monotowns. the combined population of these towns was 25 million, or a sixth of the country's total population. the 900 monotown enterprises β most of them involved in heavy industries such as manufacturing, fuels, timber, pulp and metallurgy β accounted for more than 30 % of industrial production. the monotowns suffered greatly in the late - 2000s recession, leading to mass unemployment in the cities. having no other hope, people have only one option - to protest. in one high - profile incident, in 2009 some 300 residents of the north - western town of pikalyovo blocked a major highway to protest against large delays in the payments of wages. prime minister vladimir putin traveled to the city and ordered the owner of the city's dominant company basel cement pikalyovo, oleg deripaska to pay over 41 million rubles ( $ 1. 3 million ) of wage arrears to the city's residents. the sum was paid out and the situation in the city calmed down, but questions remained about the long - term viability of the pikalyovo plants. as of 2018, the official list of russian monotowns includes 319 populated places. towns can be removed from the list, if the local economies are deemed to have become sufficiently diversified. in late 2017, 14 million russians lived in officially designated monotowns. a fund for the development of monotowns was established in 2014, to invest in infrastructure and promote economic diversification. the monotown list is divided into categories, depending on the socioeconomic situation. monotowns are not necessarily economically stagnant : norilsk has an above average employment rate, as well as relatively high salaries. = = = examples = = = russia's largest monotown is tolyatti, which has a population of 700, 000. it is home to the large avtovaz factory, which in late 2008 employed 106, 000 people. avtovaz is russia's largest carmaker, accounting for 1 % of the country's gdp. as of 2014, avtovaz is owned by nissan - renault, which uses even harsher workforce policies than the previous owner. however, the situation is somewhat helped by widespread small - scale car parts producers and other small car - oriented enterprises in the region, which are providing many additional workplaces. dalnegorsk, located in the russian far east, is
degree murder of his wife, nina reiser. after conviction and before sentencing, reiser pleaded guilty to the lesser charge of second - degree murder in exchange for disclosing the location of his wife's body. = = = 2010s = = = known as the banting murders of 2010 in malaysia, 47 - year - old cosmetics millionaire datuk sosilawati lawiya and her three companions β 38 - year - old bank officer noorhisham mohamad, 32 - year - old lawyer ahmad kamil abdul karim, and her 44 - year - old driver kamaruddin shamsuddin β disappeared after they last went to banting to meet a lawyer over a land deal. n. pathmanabhan, the lawyer who was supposed to meet the missing four, was found to have solicited the murders of the four by ordering his farm hands to kill the four missing people and burnt the victim's bodies at a farm which was registered under pathmanabhan's name. although none of the remains belonging to the victims were conclusively found, pathmanabhan and three of his farmhands β t. thilaiyalagan, r. matan and r. kathavarayan β were charged with murder. matan was later acquitted of all charges and released due to insufficient evidence, but pathmanabhan and the remaining two farm workers were found guilty of murder and sentenced to death based on circumstantial evidence and without the bodies of the victims. in 2011, in spain, miguel carcano delgado was sentenced to 20 years in prison for the murder of his ex - girlfriend marta del castillo, 17 - year - old high school student from seville, andalusia. del castillo disappeared on january 24, 2009, despite extensive searches, her body was never found. in 2012, in scotland, the prosecution secured two convictions without a body, for the murder of suzanne pilley and the murder of arlene fraser. in 2019, again in scotland, the prosecution secured a conviction without a body for the murder of margaret fleming in may 2013, mark bridger was convicted of the murder of april jones, a five - year - old girl from machynlleth, wales, who disappeared on 1 october 2012. at his trial, bridger claimed to have run her down in his car and killed her by accident, and to have no memory of what he did with her body after drinking heavily. the jury rejected his version of events, as bone fragments and blood discovered in bridge
, after which the police investigated his role in packman's disappearance. causley was eventually convicted of the murder in 1996 that conviction was quashed on appeal in 2003, but after a retrial in 2004, he was again convicted of the murder.. in 1988, helen mccourt, a 22 - year - old insurance clerk from lancashire disappeared. ian simms, a local pub landlord, was subsequently charged with and convicted of her murder. this case was also one of the first in the uk to use dna fingerprinting. in july 1989, kansas serial killer richard grissom was arrested after being connected to the disappearances of three young women the month prior. blood and hair samples found in grissom's car and garage led to prosecutors indicting him with three counts of murder. he was found guilty in 1990 and sentenced to life imprisonment. american courts have also been allowed to press murder charges even if a body has not been recovered. in 1990, a connecticut jury convicted newtown airline pilot richard crafts of killing his danish wife, helle, in the 1986 " woodchipper murder ", so called for the machine he had rented to dispose of her body in nearby lakes and streams. he was sentenced to 50 years in prison. the state police's forensic unit, led by henry lee, was able to match the dna of some of the fragments that were discovered to helle crafts and the wood chipper her husband had used. it was the first bodyless murder trial in the state's history. = = = 1990s = = = in april 1994, heidi allen, 18, of new haven, new york, was abducted from the convenience store where she worked. her body has never been found. brothers gary and richard thibodeau were charged with kidnapping and murder. they were tried separately. gary was found guilty and sentenced to 25 years to life, while richard was acquitted. in 1996, thomas capano was convicted of the murder of anne marie fahey, his former lover. investigators did not have a murder weapon or body, nor any evidence that capano had purchased a gun. he was convicted of first - degree murder in part due to the evidence given by his brother, gerry, who had admitted to helping capano dump fahey's body in the atlantic ocean. sante kimes and her son kenneth were convicted of the murder of irene silverman, whose body was never found. they were also both suspects in another murder in the bahamas where the body was never located
crime = = = the sydney msic was judged by its evaluators to have caused no increase in crime and not to have caused a β honey - pot effect β of drawing users and drug dealers to the kings cross area. observations before and after the opening of insite indicated no increases in drug dealing or petty crime in the area. there was no evidence that the facility influenced drug use in the community, but concerns that insite β sends the wrong message β to non - users could not be addressed from existing data. the european experience has been mixed. = = = = financial impropriety by scs service providers = = = = an audit of lethbridge arches scs by accounting firm deloitte, ordered by the alberta provincial government, found the scs had $ 1. 6 million in unaccounted funds between 2017 and 2018 ; additionally they found that led $ 342, 943 of grant funds had been expended on senior executive compensation despite the grant agreement allowing only $ 80, 000. beyond this, an additional $ 13, 000 was spent on parties, staff retreats, entertainment and gift cards, and numerous other inappropriate expenditures. the lethbridge police service and alberta justice specialized prosecutions branch later contradicted these findings, stating that all funds were present and accounted for in accounts belonging to the agency. when asked why these funds had previously been reported as missing, lps acting inspector pete christos stated that the initial auditors did not have the means to investigate the agency's finances, and that all spending had been accounted for during the criminal probe. premier jason kenney did not dispute the results of the investigation, but declined to reinstate funding, claiming that the site's management had lost the confidence of his government. = = = community perception = = = the expert advisory committee for vancouver β s insite found that health professionals, local police, the local community and the general public have positive or neutral views of the service, with opposition decreasing over time. = = = predicted cost effectiveness = = = the cost of running insite per annum is ca $ 3 million. mathematical modeling showed cost to benefit ratios of one dollar spent ranging from 1. 5 to 4. 02 in benefit. however, the expert advisory committee expressed reservation about the certainty of insite β s cost effectiveness until proper longitudinal studies had been undertaken. mathematical models for hiv transmissions foregone had not been locally validated and mathematical modeling from lives saved by the facility had not been validated. = = see also =
Answer:
|
A unilateral offer of employment by Humongous which became irrevocable for a reasonable number of days after Gimlet commenced his investigation of the store's arson.
| 0.3 |
During 1976 a series of arsons, one of which damaged the Humongous Store, occurred in the City of Swelter. In early 1977 Swelter's City Council adopted this resolution: The City will pay $10,000 for the arrest and conviction of anyone guilty of any of the 1976 arsons committed here. The foregoing was telecast by the city's sole television station once daily for one week. Subsequently, Humongous, by a written memorandum to Gimlet, a private detective, proposed to pay Gimlet $200 "for each day's work you actually perform in investigating our fire." Thereafter, in August 1977, the Swelter City Council by resolution repealed its reward offer and caused this resolution to be broadcast once daily for a week over two local radio stations, the local television station having meanwhile ceased operations. In September 1977, a Humongous employee voluntarily confessed to Gimlet to having committed all of the 1976 arsons. Humongous's president thereupon paid Gimlet at the proposed daily rate for his investigation and suggested that Gimlet also claim the city's reward, of which Gimlet had been previously unaware. Gimlet immediately made the claim. In December 1977, as a result of Gimlet's investigation, the Humongous employee was convicted of burning the store. The city, which has no immunity to suit, has since refused to pay Gimlet anything, although he swears that he never heard of the city's repealer before claiming its reward"In a suit by Gimlet against the city to recover the $10,000 reward, which of the following, in light of the facts given, most usefully supports Gimlet's claim?
0. The city was benefited as a result of Gimlet's services.
1. The city's offer was in the nature of a bounty, so that the elements of contract are not essential to the city's liability.
2. The fact that the city attempted to revoke its offer only a few months after making it demonstrated that the attempted revocation was in bad faith.
3. Although there was no bargained-for exchange between Gimlet and the city, Gimlet's claim for the reward is supported by a moral obligation on the part of the city
probably took a couple of weeks or even months. the tunnel ( external pictures ) was reportedly so well constructed that it had ceiling supports and was about 3 feet wide. it connected the bank deposit and a nearby underground parking lot. probably nobody noticed anything, because the parking lot was shielded by roulettes, and people thought that this part was under repair. there are some similarities between this robbery and the baker street robbery in london. in 2024 it became public knowledge, that the federal financial supervisory authority had criticized the dusseldorf - neuss branch of the volksbank for insufficient measures against money laundering. the company gic international, allegedly founded in 2012 by the iranian ghadir holding, an entity of the regime in iran, and sanctioned by the united states, did business with the volksbank. journalists had uncovered communication of gic and ghadir personnel as late as 2022. in 2024 the same volksbank was conned by a former accountant of the french kiabi fashion group to transfer euro 100 million of kiabi's money to an account in turkey. as a result, kiabi requested the money back from the volksbank dusseldorf - neuss and the financial supervisory authority replaced the management in november with a special representative. in early 2025 the financial supervisory authority banned the " raiffeisenbank im hochtaunus eg " in bad homburg from granting loans. the bank had opened an online banking service in 2022 and had aggressively advertised for new customers. after press research, a combination of defaulted loans, equity ratio and structural risks prompted the supervisory authority to intervene. = = group structure and operations = = the cooperative group's entities, which are also directly or indirectly member institutions of the bvr, include : hundreds of local cooperative banks generally called genossenschaftsbank ( " cooperative bank " ), volksbank ( " people's bank " ), vereinigte volksbank ( " united people's bank " ), raiffeisenbank, raiffeisen - volksbank or volksbank raiffeisenbank or vr bank ; 14 psd banks, cooperative banks whose name is an acronym for " post, savings and loan associations " ( german : post -, spar - und darlehnsvereine ) ; 11 sparda - banks, cooperative banks whose name is a portmanteau also referring to savings and loans ( german : sparen und darlehen ) ; several church cooperative banks : liga bank in regensburg
government study conducted in 1999 β 2000, there were 467 cities and 332 smaller towns in russia which could be classified as monotowns. the combined population of these towns was 25 million, or a sixth of the country's total population. the 900 monotown enterprises β most of them involved in heavy industries such as manufacturing, fuels, timber, pulp and metallurgy β accounted for more than 30 % of industrial production. the monotowns suffered greatly in the late - 2000s recession, leading to mass unemployment in the cities. having no other hope, people have only one option - to protest. in one high - profile incident, in 2009 some 300 residents of the north - western town of pikalyovo blocked a major highway to protest against large delays in the payments of wages. prime minister vladimir putin traveled to the city and ordered the owner of the city's dominant company basel cement pikalyovo, oleg deripaska to pay over 41 million rubles ( $ 1. 3 million ) of wage arrears to the city's residents. the sum was paid out and the situation in the city calmed down, but questions remained about the long - term viability of the pikalyovo plants. as of 2018, the official list of russian monotowns includes 319 populated places. towns can be removed from the list, if the local economies are deemed to have become sufficiently diversified. in late 2017, 14 million russians lived in officially designated monotowns. a fund for the development of monotowns was established in 2014, to invest in infrastructure and promote economic diversification. the monotown list is divided into categories, depending on the socioeconomic situation. monotowns are not necessarily economically stagnant : norilsk has an above average employment rate, as well as relatively high salaries. = = = examples = = = russia's largest monotown is tolyatti, which has a population of 700, 000. it is home to the large avtovaz factory, which in late 2008 employed 106, 000 people. avtovaz is russia's largest carmaker, accounting for 1 % of the country's gdp. as of 2014, avtovaz is owned by nissan - renault, which uses even harsher workforce policies than the previous owner. however, the situation is somewhat helped by widespread small - scale car parts producers and other small car - oriented enterprises in the region, which are providing many additional workplaces. dalnegorsk, located in the russian far east, is
degree murder of his wife, nina reiser. after conviction and before sentencing, reiser pleaded guilty to the lesser charge of second - degree murder in exchange for disclosing the location of his wife's body. = = = 2010s = = = known as the banting murders of 2010 in malaysia, 47 - year - old cosmetics millionaire datuk sosilawati lawiya and her three companions β 38 - year - old bank officer noorhisham mohamad, 32 - year - old lawyer ahmad kamil abdul karim, and her 44 - year - old driver kamaruddin shamsuddin β disappeared after they last went to banting to meet a lawyer over a land deal. n. pathmanabhan, the lawyer who was supposed to meet the missing four, was found to have solicited the murders of the four by ordering his farm hands to kill the four missing people and burnt the victim's bodies at a farm which was registered under pathmanabhan's name. although none of the remains belonging to the victims were conclusively found, pathmanabhan and three of his farmhands β t. thilaiyalagan, r. matan and r. kathavarayan β were charged with murder. matan was later acquitted of all charges and released due to insufficient evidence, but pathmanabhan and the remaining two farm workers were found guilty of murder and sentenced to death based on circumstantial evidence and without the bodies of the victims. in 2011, in spain, miguel carcano delgado was sentenced to 20 years in prison for the murder of his ex - girlfriend marta del castillo, 17 - year - old high school student from seville, andalusia. del castillo disappeared on january 24, 2009, despite extensive searches, her body was never found. in 2012, in scotland, the prosecution secured two convictions without a body, for the murder of suzanne pilley and the murder of arlene fraser. in 2019, again in scotland, the prosecution secured a conviction without a body for the murder of margaret fleming in may 2013, mark bridger was convicted of the murder of april jones, a five - year - old girl from machynlleth, wales, who disappeared on 1 october 2012. at his trial, bridger claimed to have run her down in his car and killed her by accident, and to have no memory of what he did with her body after drinking heavily. the jury rejected his version of events, as bone fragments and blood discovered in bridge
, after which the police investigated his role in packman's disappearance. causley was eventually convicted of the murder in 1996 that conviction was quashed on appeal in 2003, but after a retrial in 2004, he was again convicted of the murder.. in 1988, helen mccourt, a 22 - year - old insurance clerk from lancashire disappeared. ian simms, a local pub landlord, was subsequently charged with and convicted of her murder. this case was also one of the first in the uk to use dna fingerprinting. in july 1989, kansas serial killer richard grissom was arrested after being connected to the disappearances of three young women the month prior. blood and hair samples found in grissom's car and garage led to prosecutors indicting him with three counts of murder. he was found guilty in 1990 and sentenced to life imprisonment. american courts have also been allowed to press murder charges even if a body has not been recovered. in 1990, a connecticut jury convicted newtown airline pilot richard crafts of killing his danish wife, helle, in the 1986 " woodchipper murder ", so called for the machine he had rented to dispose of her body in nearby lakes and streams. he was sentenced to 50 years in prison. the state police's forensic unit, led by henry lee, was able to match the dna of some of the fragments that were discovered to helle crafts and the wood chipper her husband had used. it was the first bodyless murder trial in the state's history. = = = 1990s = = = in april 1994, heidi allen, 18, of new haven, new york, was abducted from the convenience store where she worked. her body has never been found. brothers gary and richard thibodeau were charged with kidnapping and murder. they were tried separately. gary was found guilty and sentenced to 25 years to life, while richard was acquitted. in 1996, thomas capano was convicted of the murder of anne marie fahey, his former lover. investigators did not have a murder weapon or body, nor any evidence that capano had purchased a gun. he was convicted of first - degree murder in part due to the evidence given by his brother, gerry, who had admitted to helping capano dump fahey's body in the atlantic ocean. sante kimes and her son kenneth were convicted of the murder of irene silverman, whose body was never found. they were also both suspects in another murder in the bahamas where the body was never located
crime = = = the sydney msic was judged by its evaluators to have caused no increase in crime and not to have caused a β honey - pot effect β of drawing users and drug dealers to the kings cross area. observations before and after the opening of insite indicated no increases in drug dealing or petty crime in the area. there was no evidence that the facility influenced drug use in the community, but concerns that insite β sends the wrong message β to non - users could not be addressed from existing data. the european experience has been mixed. = = = = financial impropriety by scs service providers = = = = an audit of lethbridge arches scs by accounting firm deloitte, ordered by the alberta provincial government, found the scs had $ 1. 6 million in unaccounted funds between 2017 and 2018 ; additionally they found that led $ 342, 943 of grant funds had been expended on senior executive compensation despite the grant agreement allowing only $ 80, 000. beyond this, an additional $ 13, 000 was spent on parties, staff retreats, entertainment and gift cards, and numerous other inappropriate expenditures. the lethbridge police service and alberta justice specialized prosecutions branch later contradicted these findings, stating that all funds were present and accounted for in accounts belonging to the agency. when asked why these funds had previously been reported as missing, lps acting inspector pete christos stated that the initial auditors did not have the means to investigate the agency's finances, and that all spending had been accounted for during the criminal probe. premier jason kenney did not dispute the results of the investigation, but declined to reinstate funding, claiming that the site's management had lost the confidence of his government. = = = community perception = = = the expert advisory committee for vancouver β s insite found that health professionals, local police, the local community and the general public have positive or neutral views of the service, with opposition decreasing over time. = = = predicted cost effectiveness = = = the cost of running insite per annum is ca $ 3 million. mathematical modeling showed cost to benefit ratios of one dollar spent ranging from 1. 5 to 4. 02 in benefit. however, the expert advisory committee expressed reservation about the certainty of insite β s cost effectiveness until proper longitudinal studies had been undertaken. mathematical models for hiv transmissions foregone had not been locally validated and mathematical modeling from lives saved by the facility had not been validated. = = see also =
Answer:
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The city's offer was in the nature of a bounty, so that the elements of contract are not essential to the city's liability.
| null |
During 1976 a series of arsons, one of which damaged the Humongous Store, occurred in the City of Swelter. In early 1977 Swelter's City Council adopted this resolution: The City will pay $10,000 for the arrest and conviction of anyone guilty of any of the 1976 arsons committed here. The foregoing was telecast by the city's sole television station once daily for one week. Subsequently, Humongous, by a written memorandum to Gimlet, a private detective, proposed to pay Gimlet $200 "for each day's work you actually perform in investigating our fire." Thereafter, in August 1977, the Swelter City Council by resolution repealed its reward offer and caused this resolution to be broadcast once daily for a week over two local radio stations, the local television station having meanwhile ceased operations. In September 1977, a Humongous employee voluntarily confessed to Gimlet to having committed all of the 1976 arsons. Humongous's president thereupon paid Gimlet at the proposed daily rate for his investigation and suggested that Gimlet also claim the city's reward, of which Gimlet had been previously unaware. Gimlet immediately made the claim. In December 1977, as a result of Gimlet's investigation, the Humongous employee was convicted of burning the store. The city, which has no immunity to suit, has since refused to pay Gimlet anything, although he swears that he never heard of the city's repealer before claiming its reward"In a suit by Gimlet against the city to recover the $10,000 reward, which of the following, in light of the facts given, most usefully supports Gimlet's claim?
0. The city was benefited as a result of Gimlet's services.
1. The city's offer was in the nature of a bounty, so that the elements of contract are not essential to the city's liability.
2. The fact that the city attempted to revoke its offer only a few months after making it demonstrated that the attempted revocation was in bad faith.
3. Although there was no bargained-for exchange between Gimlet and the city, Gimlet's claim for the reward is supported by a moral obligation on the part of the city
probably took a couple of weeks or even months. the tunnel ( external pictures ) was reportedly so well constructed that it had ceiling supports and was about 3 feet wide. it connected the bank deposit and a nearby underground parking lot. probably nobody noticed anything, because the parking lot was shielded by roulettes, and people thought that this part was under repair. there are some similarities between this robbery and the baker street robbery in london. in 2024 it became public knowledge, that the federal financial supervisory authority had criticized the dusseldorf - neuss branch of the volksbank for insufficient measures against money laundering. the company gic international, allegedly founded in 2012 by the iranian ghadir holding, an entity of the regime in iran, and sanctioned by the united states, did business with the volksbank. journalists had uncovered communication of gic and ghadir personnel as late as 2022. in 2024 the same volksbank was conned by a former accountant of the french kiabi fashion group to transfer euro 100 million of kiabi's money to an account in turkey. as a result, kiabi requested the money back from the volksbank dusseldorf - neuss and the financial supervisory authority replaced the management in november with a special representative. in early 2025 the financial supervisory authority banned the " raiffeisenbank im hochtaunus eg " in bad homburg from granting loans. the bank had opened an online banking service in 2022 and had aggressively advertised for new customers. after press research, a combination of defaulted loans, equity ratio and structural risks prompted the supervisory authority to intervene. = = group structure and operations = = the cooperative group's entities, which are also directly or indirectly member institutions of the bvr, include : hundreds of local cooperative banks generally called genossenschaftsbank ( " cooperative bank " ), volksbank ( " people's bank " ), vereinigte volksbank ( " united people's bank " ), raiffeisenbank, raiffeisen - volksbank or volksbank raiffeisenbank or vr bank ; 14 psd banks, cooperative banks whose name is an acronym for " post, savings and loan associations " ( german : post -, spar - und darlehnsvereine ) ; 11 sparda - banks, cooperative banks whose name is a portmanteau also referring to savings and loans ( german : sparen und darlehen ) ; several church cooperative banks : liga bank in regensburg
government study conducted in 1999 β 2000, there were 467 cities and 332 smaller towns in russia which could be classified as monotowns. the combined population of these towns was 25 million, or a sixth of the country's total population. the 900 monotown enterprises β most of them involved in heavy industries such as manufacturing, fuels, timber, pulp and metallurgy β accounted for more than 30 % of industrial production. the monotowns suffered greatly in the late - 2000s recession, leading to mass unemployment in the cities. having no other hope, people have only one option - to protest. in one high - profile incident, in 2009 some 300 residents of the north - western town of pikalyovo blocked a major highway to protest against large delays in the payments of wages. prime minister vladimir putin traveled to the city and ordered the owner of the city's dominant company basel cement pikalyovo, oleg deripaska to pay over 41 million rubles ( $ 1. 3 million ) of wage arrears to the city's residents. the sum was paid out and the situation in the city calmed down, but questions remained about the long - term viability of the pikalyovo plants. as of 2018, the official list of russian monotowns includes 319 populated places. towns can be removed from the list, if the local economies are deemed to have become sufficiently diversified. in late 2017, 14 million russians lived in officially designated monotowns. a fund for the development of monotowns was established in 2014, to invest in infrastructure and promote economic diversification. the monotown list is divided into categories, depending on the socioeconomic situation. monotowns are not necessarily economically stagnant : norilsk has an above average employment rate, as well as relatively high salaries. = = = examples = = = russia's largest monotown is tolyatti, which has a population of 700, 000. it is home to the large avtovaz factory, which in late 2008 employed 106, 000 people. avtovaz is russia's largest carmaker, accounting for 1 % of the country's gdp. as of 2014, avtovaz is owned by nissan - renault, which uses even harsher workforce policies than the previous owner. however, the situation is somewhat helped by widespread small - scale car parts producers and other small car - oriented enterprises in the region, which are providing many additional workplaces. dalnegorsk, located in the russian far east, is
degree murder of his wife, nina reiser. after conviction and before sentencing, reiser pleaded guilty to the lesser charge of second - degree murder in exchange for disclosing the location of his wife's body. = = = 2010s = = = known as the banting murders of 2010 in malaysia, 47 - year - old cosmetics millionaire datuk sosilawati lawiya and her three companions β 38 - year - old bank officer noorhisham mohamad, 32 - year - old lawyer ahmad kamil abdul karim, and her 44 - year - old driver kamaruddin shamsuddin β disappeared after they last went to banting to meet a lawyer over a land deal. n. pathmanabhan, the lawyer who was supposed to meet the missing four, was found to have solicited the murders of the four by ordering his farm hands to kill the four missing people and burnt the victim's bodies at a farm which was registered under pathmanabhan's name. although none of the remains belonging to the victims were conclusively found, pathmanabhan and three of his farmhands β t. thilaiyalagan, r. matan and r. kathavarayan β were charged with murder. matan was later acquitted of all charges and released due to insufficient evidence, but pathmanabhan and the remaining two farm workers were found guilty of murder and sentenced to death based on circumstantial evidence and without the bodies of the victims. in 2011, in spain, miguel carcano delgado was sentenced to 20 years in prison for the murder of his ex - girlfriend marta del castillo, 17 - year - old high school student from seville, andalusia. del castillo disappeared on january 24, 2009, despite extensive searches, her body was never found. in 2012, in scotland, the prosecution secured two convictions without a body, for the murder of suzanne pilley and the murder of arlene fraser. in 2019, again in scotland, the prosecution secured a conviction without a body for the murder of margaret fleming in may 2013, mark bridger was convicted of the murder of april jones, a five - year - old girl from machynlleth, wales, who disappeared on 1 october 2012. at his trial, bridger claimed to have run her down in his car and killed her by accident, and to have no memory of what he did with her body after drinking heavily. the jury rejected his version of events, as bone fragments and blood discovered in bridge
, after which the police investigated his role in packman's disappearance. causley was eventually convicted of the murder in 1996 that conviction was quashed on appeal in 2003, but after a retrial in 2004, he was again convicted of the murder.. in 1988, helen mccourt, a 22 - year - old insurance clerk from lancashire disappeared. ian simms, a local pub landlord, was subsequently charged with and convicted of her murder. this case was also one of the first in the uk to use dna fingerprinting. in july 1989, kansas serial killer richard grissom was arrested after being connected to the disappearances of three young women the month prior. blood and hair samples found in grissom's car and garage led to prosecutors indicting him with three counts of murder. he was found guilty in 1990 and sentenced to life imprisonment. american courts have also been allowed to press murder charges even if a body has not been recovered. in 1990, a connecticut jury convicted newtown airline pilot richard crafts of killing his danish wife, helle, in the 1986 " woodchipper murder ", so called for the machine he had rented to dispose of her body in nearby lakes and streams. he was sentenced to 50 years in prison. the state police's forensic unit, led by henry lee, was able to match the dna of some of the fragments that were discovered to helle crafts and the wood chipper her husband had used. it was the first bodyless murder trial in the state's history. = = = 1990s = = = in april 1994, heidi allen, 18, of new haven, new york, was abducted from the convenience store where she worked. her body has never been found. brothers gary and richard thibodeau were charged with kidnapping and murder. they were tried separately. gary was found guilty and sentenced to 25 years to life, while richard was acquitted. in 1996, thomas capano was convicted of the murder of anne marie fahey, his former lover. investigators did not have a murder weapon or body, nor any evidence that capano had purchased a gun. he was convicted of first - degree murder in part due to the evidence given by his brother, gerry, who had admitted to helping capano dump fahey's body in the atlantic ocean. sante kimes and her son kenneth were convicted of the murder of irene silverman, whose body was never found. they were also both suspects in another murder in the bahamas where the body was never located
crime = = = the sydney msic was judged by its evaluators to have caused no increase in crime and not to have caused a β honey - pot effect β of drawing users and drug dealers to the kings cross area. observations before and after the opening of insite indicated no increases in drug dealing or petty crime in the area. there was no evidence that the facility influenced drug use in the community, but concerns that insite β sends the wrong message β to non - users could not be addressed from existing data. the european experience has been mixed. = = = = financial impropriety by scs service providers = = = = an audit of lethbridge arches scs by accounting firm deloitte, ordered by the alberta provincial government, found the scs had $ 1. 6 million in unaccounted funds between 2017 and 2018 ; additionally they found that led $ 342, 943 of grant funds had been expended on senior executive compensation despite the grant agreement allowing only $ 80, 000. beyond this, an additional $ 13, 000 was spent on parties, staff retreats, entertainment and gift cards, and numerous other inappropriate expenditures. the lethbridge police service and alberta justice specialized prosecutions branch later contradicted these findings, stating that all funds were present and accounted for in accounts belonging to the agency. when asked why these funds had previously been reported as missing, lps acting inspector pete christos stated that the initial auditors did not have the means to investigate the agency's finances, and that all spending had been accounted for during the criminal probe. premier jason kenney did not dispute the results of the investigation, but declined to reinstate funding, claiming that the site's management had lost the confidence of his government. = = = community perception = = = the expert advisory committee for vancouver β s insite found that health professionals, local police, the local community and the general public have positive or neutral views of the service, with opposition decreasing over time. = = = predicted cost effectiveness = = = the cost of running insite per annum is ca $ 3 million. mathematical modeling showed cost to benefit ratios of one dollar spent ranging from 1. 5 to 4. 02 in benefit. however, the expert advisory committee expressed reservation about the certainty of insite β s cost effectiveness until proper longitudinal studies had been undertaken. mathematical models for hiv transmissions foregone had not been locally validated and mathematical modeling from lives saved by the facility had not been validated. = = see also =
Answer:
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The fact that the city attempted to revoke its offer only a few months after making it demonstrated that the attempted revocation was in bad faith.
| 0.3 |
Husband and Wife, walking on a country road, were frightened by a bull running loose on the road. They climbed over a fence to get onto the adjacent property, owned by Grower. After climbing over the fence, Husband and Wife damaged some of Grower's plants which were near the fence. The fence was posted with a large sign, "No Trespassing." Grower saw Husband and Wife and came toward them with his large watchdog on a long leash. The dog rushed at Wife. Grower had intended only to frighten Husband and Wife, but the leash broke, and before Grower could restrain the dog, the dog bit Wife."If Wife asserts a claim based on battery against Grower, will Wife prevail?
0. Yes, because Grower intended that the dog frighten Wife.
1. Yes, because the breaking of the leash establishes liability under res ipsa loquitur.
2. No, because Wife made an unauthorized entry on Grower's land.
3. No, because Grower did not intend to cause any harmful contact with Wife
does not mean that opening a specific door would not affect the probability that the car is behind the door chosen initially. the point is, though we know in advance that the host will open a door and reveal a goat, we do not know which door he will open. if the host chooses uniformly at random between doors hiding a goat ( as is the case in the standard interpretation ), this probability indeed remains unchanged, but if the host can choose non - randomly between such doors, then the specific door that the host opens reveals additional information. the host can always open a door revealing a goat and ( in the standard interpretation of the problem ) the probability that the car is behind the initially chosen door does not change, but it is not because of the former that the latter is true. solutions based on the assertion that the host's actions cannot affect the probability that the car is behind the initially chosen appear persuasive, but the assertion is simply untrue unless both of the host's two choices are equally likely, if he has a choice. the assertion therefore needs to be justified ; without justification being given, the solution is at best incomplete. it can be the case that the answer is correct but the reasoning used to justify it is defective. = = solutions using conditional probability and other solutions = = the simple solutions above show that a player with a strategy of switching wins the car with overall probability 2 / 3, i. e., without taking account of which door was opened by the host. in accordance with this, most sources for the topic of probability calculate the conditional probabilities that the car is behind door 1 and door 2 to be 1 / 3 and 2 / 3 respectively given the contestant initially picks door 1 and the host opens door 3. the solutions in this section consider just those cases in which the player picked door 1 and the host opened door 3. = = = refining the simple solution = = = if we assume that the host opens a door at random, when given a choice, then which door the host opens gives us no information at all as to whether or not the car is behind door 1. in the simple solutions, we have already observed that the probability that the car is behind door 1, the door initially chosen by the player, is initially 1 / 3. moreover, the host is certainly going to open a ( different ) door, so opening a door ( which door is unspecified ) does not change this. 1 / 3 must be the average of : the probability that the car is behind door 1
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
the southeast of the continent now weighing more than 17 kg. this larger dog size has led to a higher efficiency with which wild dogs kill major prey and models indicate that a pack of wild dogs today requires almost a quarter more daily energy intake than an average pack of wild dogs prior to 1980. furthermore, due to the high number of kangaroos and livestock, the wild dogs have been given the necessary environment to reach larger sizes. on the topic of possible changes in behaviour, ricky spencer commented that it is not predictable how the interbreeding will affect the behaviour of the dingoes ; he assumed that there could be potential problems since supposedly only dingoes are not accustomed to humans. according to david jenkins, the claims stating that hybrids are bigger, more aggressive and a risk to public safety have so far not been supported by data and personal experience. he mentioned that there are reports of one or two unusually big dogs captured each year, but that most hybrids are close to what's considered to be the normal weight range of dingoes. in addition, jenkins has encountered wild dingoes and hybrids and reported that " there's something really going on in that hard - wired brain ", but also that the dogs " tend to be curious, rather than aggressive ". most attacks of wild dogs on livestock are supposedly caused by dingo - hybrids and not " pure " dingoes, however the effect of wild dogs on the cattle industry is very variable, generally low ( 0 - 10 % losses per year ) and the majority of the much more susceptible sheep industry is located in the areas south of the dingo fence, were the majority of the area has no stable wild dog populations and many of the remaining populations tend to have a high number of hybrids. = = = ecological impact = = = it is unknown if, in the case of the disappearance of the " pure " dingo, the then - existing hybrids will alter the predation pressure on other species. it is also not clear what kind of place these dogs will have in the australian ecosystem and research results on this topic are rare. however, it is considered probable that the dynamics of the various ecosystems will not be disturbed by this. one example in this topic are the bush rats, where it is also seen as unlikely that there could be problems due to the dingo - hybrids, because these rodents had been exposed to the influence of the dingoes for thousands of years. during studies on the efficacy of baits with 1080 ( a deadly poison for canids ) in the kosciuszko national park
a nearby coyote, it draws attention to itself and increases its own odds of being eaten. there have been multiple hypotheses for the evolution of cooperation, all of which are rooted in hamilton's models based on inclusive fitness. these models hypothesize that cooperation is favored by natural selection due to either direct fitness benefits ( mutually beneficial cooperation ) or indirect fitness benefits ( altruistic cooperation ). as explained below, direct benefits encompass by - product benefits and enforced reciprocity, while indirect benefits ( kin selection ) encompass limited dispersal, kin discrimination and the greenbeard effect. = = = kin selection = = = one specific form of cooperation in animals is kin selection, which involves animals promoting the reproductive success of their kin, thereby promoting their own fitness. different theories explaining kin selection have been proposed, including the " pay - to - stay " and " territory inheritance " hypotheses. the " pay - to - stay " theory suggests that individuals help others rear offspring in order to return the favor of the breeders allowing them to live on their land. the " territory inheritance " theory contends that individuals help in order to have improved access to breeding areas once the breeders depart. studies conducted on red wolves support previous researchers'contention that helpers obtain both immediate and long - term gains from cooperative breeding. researchers evaluated the consequences of red wolves'decisions to stay with their packs for extended periods of time after birth. while delayed dispersal helped other wolves'offspring, studies also found that it extended male helper wolves'life spans. this suggests that kin selection may not only benefit an individual in the long - term through increased fitness but also in the short - term through increased survival chances. some research suggests that individuals provide more help to closer relatives. this phenomenon is known as kin discrimination. in their meta - analysis, researchers compiled data on kin selection as mediated by genetic relatedness in 18 species, including the western bluebird, pied kingfisher, australian magpie, and dwarf mongoose. they found that different species exhibited varying degrees of kin discrimination, with the largest frequencies occurring among those who have the most to gain from cooperative interactions. = = in plants = = cooperation exists not only in animals but also in plants. in a greenhouse experiment with ipomoea hederacea, a climbing plant, results show that kin groups have higher efficiency rates in growth than non - kin groups do. this is expected to rise out of reduced competition within the kin groups. = = explanation = = the inclusive fitness theory provides
in ethology, the nasty neighbour effect describes the phenomenon whereby territory - holding animals behave more strongly toward familiar conspecific neighbours than to unfamiliar conspecifics. this phenomenon may be generally advantageous to an animal because the heightened response reduces the likelihood of a nearby intruder entering the territory and taking the resources it contains whereas an unfamiliar or distant territory - holder poses less of a threat. this reduced response minimises the time, energy, and risk of injury incurred during territorial encounters with animals which are less of a threat to the territory holder. the nasty neighbour effect is the converse of the dear enemy effect in which some species are less aggressive toward their neighbours than toward unfamiliar strangers. the four - striped grass mouse ( rhabdomys pumilio ) is group living with one single breeding male and up to four communally breeding females per group. groups typically contain several philopatric adult sons ( and daughters ) that are believed not to breed in their natal group and all group members participate in territorial defence. when aggression in wild group - living male breeders was tested in a neutral test arena, they were nearly five times more aggressive toward their neighbours than toward strangers, leading to the prediction that neighbours are the most important competitors for paternity. using a molecular parentage analysis it was shown that 28 % of offspring are sired by neighbouring males and only 7 % by strangers. colonies of the weaver ant ( oecophylla smaragdina ) are able to recognize a greater proportion of workers from neighbouring colonies as non - colony members. when recognized as non - colony members, more aggression is exhibited toward neighbours than non - neighbours. banded mongoose ( mungos mungo ) groups vocalize more and inspect more scent samples in response to olfactory cues of neighbours than strangers. it has been suggested that increased aggression toward neighbours is more common in social species with intense competition between neighbours, as opposed to reduced aggression toward neighbours typical for most solitary species. furthermore, animals may respond in this way when encounters with intruders from non - neighbouring colonies are rare and of little consequence. female new zealand bellbirds ( anthornis melanura ) are more aggressive toward the songs of neighbouring females, indicating that neighbouring females pose a greater threat than strangers in this species. female hen harrier ( circus cyaneus ) responses toward neighbours are more intense, mostly flights rather than calls, than responses toward female floaters ( individuals without territories ), which in turn were more intense than responses toward male floaters. = = no effect =
Answer:
|
Yes, because Grower intended that the dog frighten Wife.
| null |
Husband and Wife, walking on a country road, were frightened by a bull running loose on the road. They climbed over a fence to get onto the adjacent property, owned by Grower. After climbing over the fence, Husband and Wife damaged some of Grower's plants which were near the fence. The fence was posted with a large sign, "No Trespassing." Grower saw Husband and Wife and came toward them with his large watchdog on a long leash. The dog rushed at Wife. Grower had intended only to frighten Husband and Wife, but the leash broke, and before Grower could restrain the dog, the dog bit Wife."If Wife asserts a claim based on battery against Grower, will Wife prevail?
0. Yes, because Grower intended that the dog frighten Wife.
1. Yes, because the breaking of the leash establishes liability under res ipsa loquitur.
2. No, because Wife made an unauthorized entry on Grower's land.
3. No, because Grower did not intend to cause any harmful contact with Wife
does not mean that opening a specific door would not affect the probability that the car is behind the door chosen initially. the point is, though we know in advance that the host will open a door and reveal a goat, we do not know which door he will open. if the host chooses uniformly at random between doors hiding a goat ( as is the case in the standard interpretation ), this probability indeed remains unchanged, but if the host can choose non - randomly between such doors, then the specific door that the host opens reveals additional information. the host can always open a door revealing a goat and ( in the standard interpretation of the problem ) the probability that the car is behind the initially chosen door does not change, but it is not because of the former that the latter is true. solutions based on the assertion that the host's actions cannot affect the probability that the car is behind the initially chosen appear persuasive, but the assertion is simply untrue unless both of the host's two choices are equally likely, if he has a choice. the assertion therefore needs to be justified ; without justification being given, the solution is at best incomplete. it can be the case that the answer is correct but the reasoning used to justify it is defective. = = solutions using conditional probability and other solutions = = the simple solutions above show that a player with a strategy of switching wins the car with overall probability 2 / 3, i. e., without taking account of which door was opened by the host. in accordance with this, most sources for the topic of probability calculate the conditional probabilities that the car is behind door 1 and door 2 to be 1 / 3 and 2 / 3 respectively given the contestant initially picks door 1 and the host opens door 3. the solutions in this section consider just those cases in which the player picked door 1 and the host opened door 3. = = = refining the simple solution = = = if we assume that the host opens a door at random, when given a choice, then which door the host opens gives us no information at all as to whether or not the car is behind door 1. in the simple solutions, we have already observed that the probability that the car is behind door 1, the door initially chosen by the player, is initially 1 / 3. moreover, the host is certainly going to open a ( different ) door, so opening a door ( which door is unspecified ) does not change this. 1 / 3 must be the average of : the probability that the car is behind door 1
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
the southeast of the continent now weighing more than 17 kg. this larger dog size has led to a higher efficiency with which wild dogs kill major prey and models indicate that a pack of wild dogs today requires almost a quarter more daily energy intake than an average pack of wild dogs prior to 1980. furthermore, due to the high number of kangaroos and livestock, the wild dogs have been given the necessary environment to reach larger sizes. on the topic of possible changes in behaviour, ricky spencer commented that it is not predictable how the interbreeding will affect the behaviour of the dingoes ; he assumed that there could be potential problems since supposedly only dingoes are not accustomed to humans. according to david jenkins, the claims stating that hybrids are bigger, more aggressive and a risk to public safety have so far not been supported by data and personal experience. he mentioned that there are reports of one or two unusually big dogs captured each year, but that most hybrids are close to what's considered to be the normal weight range of dingoes. in addition, jenkins has encountered wild dingoes and hybrids and reported that " there's something really going on in that hard - wired brain ", but also that the dogs " tend to be curious, rather than aggressive ". most attacks of wild dogs on livestock are supposedly caused by dingo - hybrids and not " pure " dingoes, however the effect of wild dogs on the cattle industry is very variable, generally low ( 0 - 10 % losses per year ) and the majority of the much more susceptible sheep industry is located in the areas south of the dingo fence, were the majority of the area has no stable wild dog populations and many of the remaining populations tend to have a high number of hybrids. = = = ecological impact = = = it is unknown if, in the case of the disappearance of the " pure " dingo, the then - existing hybrids will alter the predation pressure on other species. it is also not clear what kind of place these dogs will have in the australian ecosystem and research results on this topic are rare. however, it is considered probable that the dynamics of the various ecosystems will not be disturbed by this. one example in this topic are the bush rats, where it is also seen as unlikely that there could be problems due to the dingo - hybrids, because these rodents had been exposed to the influence of the dingoes for thousands of years. during studies on the efficacy of baits with 1080 ( a deadly poison for canids ) in the kosciuszko national park
a nearby coyote, it draws attention to itself and increases its own odds of being eaten. there have been multiple hypotheses for the evolution of cooperation, all of which are rooted in hamilton's models based on inclusive fitness. these models hypothesize that cooperation is favored by natural selection due to either direct fitness benefits ( mutually beneficial cooperation ) or indirect fitness benefits ( altruistic cooperation ). as explained below, direct benefits encompass by - product benefits and enforced reciprocity, while indirect benefits ( kin selection ) encompass limited dispersal, kin discrimination and the greenbeard effect. = = = kin selection = = = one specific form of cooperation in animals is kin selection, which involves animals promoting the reproductive success of their kin, thereby promoting their own fitness. different theories explaining kin selection have been proposed, including the " pay - to - stay " and " territory inheritance " hypotheses. the " pay - to - stay " theory suggests that individuals help others rear offspring in order to return the favor of the breeders allowing them to live on their land. the " territory inheritance " theory contends that individuals help in order to have improved access to breeding areas once the breeders depart. studies conducted on red wolves support previous researchers'contention that helpers obtain both immediate and long - term gains from cooperative breeding. researchers evaluated the consequences of red wolves'decisions to stay with their packs for extended periods of time after birth. while delayed dispersal helped other wolves'offspring, studies also found that it extended male helper wolves'life spans. this suggests that kin selection may not only benefit an individual in the long - term through increased fitness but also in the short - term through increased survival chances. some research suggests that individuals provide more help to closer relatives. this phenomenon is known as kin discrimination. in their meta - analysis, researchers compiled data on kin selection as mediated by genetic relatedness in 18 species, including the western bluebird, pied kingfisher, australian magpie, and dwarf mongoose. they found that different species exhibited varying degrees of kin discrimination, with the largest frequencies occurring among those who have the most to gain from cooperative interactions. = = in plants = = cooperation exists not only in animals but also in plants. in a greenhouse experiment with ipomoea hederacea, a climbing plant, results show that kin groups have higher efficiency rates in growth than non - kin groups do. this is expected to rise out of reduced competition within the kin groups. = = explanation = = the inclusive fitness theory provides
in ethology, the nasty neighbour effect describes the phenomenon whereby territory - holding animals behave more strongly toward familiar conspecific neighbours than to unfamiliar conspecifics. this phenomenon may be generally advantageous to an animal because the heightened response reduces the likelihood of a nearby intruder entering the territory and taking the resources it contains whereas an unfamiliar or distant territory - holder poses less of a threat. this reduced response minimises the time, energy, and risk of injury incurred during territorial encounters with animals which are less of a threat to the territory holder. the nasty neighbour effect is the converse of the dear enemy effect in which some species are less aggressive toward their neighbours than toward unfamiliar strangers. the four - striped grass mouse ( rhabdomys pumilio ) is group living with one single breeding male and up to four communally breeding females per group. groups typically contain several philopatric adult sons ( and daughters ) that are believed not to breed in their natal group and all group members participate in territorial defence. when aggression in wild group - living male breeders was tested in a neutral test arena, they were nearly five times more aggressive toward their neighbours than toward strangers, leading to the prediction that neighbours are the most important competitors for paternity. using a molecular parentage analysis it was shown that 28 % of offspring are sired by neighbouring males and only 7 % by strangers. colonies of the weaver ant ( oecophylla smaragdina ) are able to recognize a greater proportion of workers from neighbouring colonies as non - colony members. when recognized as non - colony members, more aggression is exhibited toward neighbours than non - neighbours. banded mongoose ( mungos mungo ) groups vocalize more and inspect more scent samples in response to olfactory cues of neighbours than strangers. it has been suggested that increased aggression toward neighbours is more common in social species with intense competition between neighbours, as opposed to reduced aggression toward neighbours typical for most solitary species. furthermore, animals may respond in this way when encounters with intruders from non - neighbouring colonies are rare and of little consequence. female new zealand bellbirds ( anthornis melanura ) are more aggressive toward the songs of neighbouring females, indicating that neighbouring females pose a greater threat than strangers in this species. female hen harrier ( circus cyaneus ) responses toward neighbours are more intense, mostly flights rather than calls, than responses toward female floaters ( individuals without territories ), which in turn were more intense than responses toward male floaters. = = no effect =
Answer:
|
No, because Wife made an unauthorized entry on Grower's land.
| 0.3 |
Husband and Wife, walking on a country road, were frightened by a bull running loose on the road. They climbed over a fence to get onto the adjacent property, owned by Grower. After climbing over the fence, Husband and Wife damaged some of Grower's plants which were near the fence. The fence was posted with a large sign, "No Trespassing." Grower saw Husband and Wife and came toward them with his large watchdog on a long leash. The dog rushed at Wife. Grower had intended only to frighten Husband and Wife, but the leash broke, and before Grower could restrain the dog, the dog bit Wife.". If Husband asserts a claim based on assault against Grower, will Husband prevail?
0. Yes, because the landowner did not have a privilege to use excessive force.
1. Yes, if Husband reasonably believed that the dog might bite him.
2. No, if the dog did not come in contact with him.
3. No, if Grower was trying to protect his
police foundation report. ward stated his belief that " arresting violent members of a household would be more effective in protecting other family members and help safeguard police officers called in to stop the highly charged quarrels. i thought it was about time to put policemen out of the counseling business and into what they really are best at, which is making arrests, then let the judge decide. " with this mandate, ward also included cohabitants and same - sex couples in the police definition of family. the houston and dallas police departments were also quick to change their approach to domestic disturbance calls, and make more arrests. within a year, the number of police departments using arrest as a strategy in domestic violence cases jumped from 10 to 31 %, and to 46 % by 1986. numerous other police departments had partially changed their approach to domestic violence cases. in 1984, the u. s. attorney general's task force on family violence report drew heavily upon the minneapolis study, in recommending that domestic violence be handled with a criminal justice approach. within eight years, 15 states and the district of columbia enacted new domestic violence laws that required the arrest of violent domestic offenders. by 2005, 23 states and the district of columbia had enacted mandatory arrest for domestic assault, without warrant, given that the officer has probable cause and regardless of whether or not the officer witnessed the crime. the minneapolis study also influenced policy in other countries, including new zealand, which adopted a pro - arrest policy for domestic violence cases. = = mandatory arrest policies = = mandatory arrest laws were implemented in the u. s. during the 1980s and 1990s due, in great part, to the impact of the minneapolis experiment. the violence against women act of 1994 added to the volume of legislation in the 1990s pertaining to mandatory arrest laws, affecting those states that lacked such laws themselves. the laws " require the police to make arrests in domestic violence cases when there was probable cause to do so, regardless of the wishes of the victim. " before the laws were put into effect, police officers were required to witness the abuse occurring first hand prior to making an arrest. currently, 23 states use mandatory arrest policies. other states leave the decision to arrest to the discretion of the responding officers. = = = history of mandatory arrest policy in the u. s. = = = prior to the implementation of mandatory arrest policies in the united states, police often were not able to arrest individuals suspected of domestic violence. in an article from the california law review titled " domestic violence as a crime against the state, " machaela hoc
the southeast of the continent now weighing more than 17 kg. this larger dog size has led to a higher efficiency with which wild dogs kill major prey and models indicate that a pack of wild dogs today requires almost a quarter more daily energy intake than an average pack of wild dogs prior to 1980. furthermore, due to the high number of kangaroos and livestock, the wild dogs have been given the necessary environment to reach larger sizes. on the topic of possible changes in behaviour, ricky spencer commented that it is not predictable how the interbreeding will affect the behaviour of the dingoes ; he assumed that there could be potential problems since supposedly only dingoes are not accustomed to humans. according to david jenkins, the claims stating that hybrids are bigger, more aggressive and a risk to public safety have so far not been supported by data and personal experience. he mentioned that there are reports of one or two unusually big dogs captured each year, but that most hybrids are close to what's considered to be the normal weight range of dingoes. in addition, jenkins has encountered wild dingoes and hybrids and reported that " there's something really going on in that hard - wired brain ", but also that the dogs " tend to be curious, rather than aggressive ". most attacks of wild dogs on livestock are supposedly caused by dingo - hybrids and not " pure " dingoes, however the effect of wild dogs on the cattle industry is very variable, generally low ( 0 - 10 % losses per year ) and the majority of the much more susceptible sheep industry is located in the areas south of the dingo fence, were the majority of the area has no stable wild dog populations and many of the remaining populations tend to have a high number of hybrids. = = = ecological impact = = = it is unknown if, in the case of the disappearance of the " pure " dingo, the then - existing hybrids will alter the predation pressure on other species. it is also not clear what kind of place these dogs will have in the australian ecosystem and research results on this topic are rare. however, it is considered probable that the dynamics of the various ecosystems will not be disturbed by this. one example in this topic are the bush rats, where it is also seen as unlikely that there could be problems due to the dingo - hybrids, because these rodents had been exposed to the influence of the dingoes for thousands of years. during studies on the efficacy of baits with 1080 ( a deadly poison for canids ) in the kosciuszko national park
prior to the implementation of mandatory arrest policies in the united states, police often were not able to arrest individuals suspected of domestic violence. in an article from the california law review titled " domestic violence as a crime against the state, " machaela hoctor explained that " when officers did respond to a domestic violence call, they usually attempted to mediate the dispute. this " mediation " consisted of a variety of approaches, including attempts by officers to convince the parties to reconcile immediately at the scene or to use formal alternative dispute resolution programs. " the debate over mandatory arrest is still underway, as many people believe it has negative effects on the assailant, victim, and their family members including but not limited to the breakdown of the family, the economic deprivation of the victim, the trauma associated with separation of families, and the lack of childcare in situations of dual arrest. sometimes when police respond, they arrest both parties involved in a domestic violence situation. as described by margaret martin in the journal of family violence, " the practice of dual arrest, the arrest of two parties, usually a man and a woman engaged in a'domestic dispute,'has arisen in localities which employ presumptive and mandatory arrest ". police are more likely to arrest both parties if the primary aggressor is female however, not every domestic violence situation results in dual arrest. police officers are trained to deduce who the primary aggressor is in a domestic violence dispute, leading to the arrest of the assailant and not the victim. = = = circumstances for arrest = = = some states will arrest simply based on probable cause to believe an act of domestic violence has been committed, while others do not allow for an arrest after a specific amount of time following the incident. for example, in alaska the police cannot make an arrest if the abuse occurred more than 12 hours prior to notification police are specifically trained to assess the situation and decide whether they have the required probable cause to make an arrest. for instance, wisconsin has a list of requirements that must be met before an officer can arrest a suspect. these include the age of the suspect ( s ), their relationship to the victim ( s ), and whether the act could be considered an intentional assault. the officer must also be able to identify the " predominant aggressor " = = = modern arrests = = = research has consistently reported an increase in the use of arrest for domestic violence in the united states. one large ( but not necessarily representative ) study of over 650, 000 incidents drawn
city, to get them to make arrests in domestic violence cases. they claimed that police assigned low priority to domestic disturbance calls. in 1978, the national academy of sciences published a report, deterrence and incapacitation : estimating the effects of criminal sanctions on crime rates, which called for more rigorous assessments of policies and practices based on social control theories and use of deterrence for crime control. based on the academy's recommendations, the national institute of justice began funding studies of the deterrent effects of criminal sanctions and, in 1980, one of the sponsored studies was the minneapolis domestic violence experiment. = = the study = = = = = methodology = = = the minneapolis domestic violence experiment looked at effectiveness of methods used by police to reduce domestic violence. cases used in the study were misdemeanor assault calls, which make up the bulk of domestic violence calls for service. both the victim and offender needed to still be present when the police arrived, in order to be included in the study. 51 patrol officers in the minneapolis police department participated in the study. each was asked to use one of three approaches for handling domestic violence calls, in cases where officers had probable cause to believe an assault had occurred : send the abuser away for eight hours. advice and mediation of disputes. make an arrest. interviews were conducted during a 6 - month follow - up period, with both victims and offenders, as well as official records consulted to determine whether or not re - offending had occurred. the study lasted approximately 17 months and included 330 cases. = = = findings = = = arrest was found to be the most effective police response. the study found that the offenders assigned to be arrested had lower rates of re - offending than offenders assigned to counseling or temporarily sent away. ( 19 % for arrest, 37 % for advice and 34 % for send ) = = policy response = = the results of the study received a great deal of attention from the news media, including the new york times and prime - time news coverage on television. many u. s. police departments responded to the study, adopting a mandatory arrest policy for spousal violence cases with probable cause. new york city police department commissioner benjamin ward quickly issued a new mandate for officers to make arrests, after reading the results of the study in a police foundation report. ward stated his belief that " arresting violent members of a household would be more effective in protecting other family members and help safeguard police officers called in to stop the highly charged quarrels. i thought it was about time to put policemen out
the minneapolis domestic violence experiment ( mdve ) evaluated the effectiveness of various police responses to domestic violence calls in minneapolis, minnesota. this experiment was implemented during 1981 - 82 by lawrence w. sherman, director of research at the police foundation, and by the minneapolis police department with funding support from the national institute of justice. among a pool of domestic violence offenders for whom there was probable cause to make an arrest, the study design called for officers to randomly select one third of the offenders for arrest, one third would be counseled and one third would be separated from their domestic partner. the results of the study, showing a deterrent effect for arrest, had a " virtually unprecedented impact in changing then - current police practices. " subsequently, numerous states and law enforcement agencies enacted policies for mandatory arrest, without warrant, for domestic violence cases in which the responding police officer had probable cause that a crime had occurred. = = background = = domestic violence historically has been viewed as a private family matter that need not involve government or criminal justice intervention. before the early 1970s, police in the united states favored a " hands - off " approach to domestic violence calls, with arrest only used as a last resort. at the time, domestic violence cases were typically classified as misdemeanor assault cases. during the 1970s, many u. s. jurisdictions did not authorize the police to make arrests in any misdemeanor assault, whether it involved a domestic partner or not, unless the assault occurred in the officer's presence. a 1978 court order in new york city mandated that arrests only be made in cases of serious violence, thus officers instead made effort to mediate family disputes. in the early 1970s, clinical psychologists argued that police should make an effort to mediate disputes. statistics on incidence of domestic violence, published in the late 1970s, helped raise public awareness of the problem and increase activism. a study published in 1976 by the police foundation found that the police had intervened at least once in the previous two years in 85 percent of spouse homicides. in the late 1970s and early 1980s, feminists and battered women's advocacy groups were calling on police to take domestic violence more seriously and change intervention strategies. in some instances, these groups took legal action against police departments, including in oakland, california and new york city, to get them to make arrests in domestic violence cases. they claimed that police assigned low priority to domestic disturbance calls. in 1978, the national academy of sciences published a report, deterrence and incapacitation : estimating the effects of criminal
Answer:
|
Yes, if Husband reasonably believed that the dog might bite him.
| null |
Husband and Wife, walking on a country road, were frightened by a bull running loose on the road. They climbed over a fence to get onto the adjacent property, owned by Grower. After climbing over the fence, Husband and Wife damaged some of Grower's plants which were near the fence. The fence was posted with a large sign, "No Trespassing." Grower saw Husband and Wife and came toward them with his large watchdog on a long leash. The dog rushed at Wife. Grower had intended only to frighten Husband and Wife, but the leash broke, and before Grower could restrain the dog, the dog bit Wife.". If Husband asserts a claim based on assault against Grower, will Husband prevail?
0. Yes, because the landowner did not have a privilege to use excessive force.
1. Yes, if Husband reasonably believed that the dog might bite him.
2. No, if the dog did not come in contact with him.
3. No, if Grower was trying to protect his
police foundation report. ward stated his belief that " arresting violent members of a household would be more effective in protecting other family members and help safeguard police officers called in to stop the highly charged quarrels. i thought it was about time to put policemen out of the counseling business and into what they really are best at, which is making arrests, then let the judge decide. " with this mandate, ward also included cohabitants and same - sex couples in the police definition of family. the houston and dallas police departments were also quick to change their approach to domestic disturbance calls, and make more arrests. within a year, the number of police departments using arrest as a strategy in domestic violence cases jumped from 10 to 31 %, and to 46 % by 1986. numerous other police departments had partially changed their approach to domestic violence cases. in 1984, the u. s. attorney general's task force on family violence report drew heavily upon the minneapolis study, in recommending that domestic violence be handled with a criminal justice approach. within eight years, 15 states and the district of columbia enacted new domestic violence laws that required the arrest of violent domestic offenders. by 2005, 23 states and the district of columbia had enacted mandatory arrest for domestic assault, without warrant, given that the officer has probable cause and regardless of whether or not the officer witnessed the crime. the minneapolis study also influenced policy in other countries, including new zealand, which adopted a pro - arrest policy for domestic violence cases. = = mandatory arrest policies = = mandatory arrest laws were implemented in the u. s. during the 1980s and 1990s due, in great part, to the impact of the minneapolis experiment. the violence against women act of 1994 added to the volume of legislation in the 1990s pertaining to mandatory arrest laws, affecting those states that lacked such laws themselves. the laws " require the police to make arrests in domestic violence cases when there was probable cause to do so, regardless of the wishes of the victim. " before the laws were put into effect, police officers were required to witness the abuse occurring first hand prior to making an arrest. currently, 23 states use mandatory arrest policies. other states leave the decision to arrest to the discretion of the responding officers. = = = history of mandatory arrest policy in the u. s. = = = prior to the implementation of mandatory arrest policies in the united states, police often were not able to arrest individuals suspected of domestic violence. in an article from the california law review titled " domestic violence as a crime against the state, " machaela hoc
the southeast of the continent now weighing more than 17 kg. this larger dog size has led to a higher efficiency with which wild dogs kill major prey and models indicate that a pack of wild dogs today requires almost a quarter more daily energy intake than an average pack of wild dogs prior to 1980. furthermore, due to the high number of kangaroos and livestock, the wild dogs have been given the necessary environment to reach larger sizes. on the topic of possible changes in behaviour, ricky spencer commented that it is not predictable how the interbreeding will affect the behaviour of the dingoes ; he assumed that there could be potential problems since supposedly only dingoes are not accustomed to humans. according to david jenkins, the claims stating that hybrids are bigger, more aggressive and a risk to public safety have so far not been supported by data and personal experience. he mentioned that there are reports of one or two unusually big dogs captured each year, but that most hybrids are close to what's considered to be the normal weight range of dingoes. in addition, jenkins has encountered wild dingoes and hybrids and reported that " there's something really going on in that hard - wired brain ", but also that the dogs " tend to be curious, rather than aggressive ". most attacks of wild dogs on livestock are supposedly caused by dingo - hybrids and not " pure " dingoes, however the effect of wild dogs on the cattle industry is very variable, generally low ( 0 - 10 % losses per year ) and the majority of the much more susceptible sheep industry is located in the areas south of the dingo fence, were the majority of the area has no stable wild dog populations and many of the remaining populations tend to have a high number of hybrids. = = = ecological impact = = = it is unknown if, in the case of the disappearance of the " pure " dingo, the then - existing hybrids will alter the predation pressure on other species. it is also not clear what kind of place these dogs will have in the australian ecosystem and research results on this topic are rare. however, it is considered probable that the dynamics of the various ecosystems will not be disturbed by this. one example in this topic are the bush rats, where it is also seen as unlikely that there could be problems due to the dingo - hybrids, because these rodents had been exposed to the influence of the dingoes for thousands of years. during studies on the efficacy of baits with 1080 ( a deadly poison for canids ) in the kosciuszko national park
prior to the implementation of mandatory arrest policies in the united states, police often were not able to arrest individuals suspected of domestic violence. in an article from the california law review titled " domestic violence as a crime against the state, " machaela hoctor explained that " when officers did respond to a domestic violence call, they usually attempted to mediate the dispute. this " mediation " consisted of a variety of approaches, including attempts by officers to convince the parties to reconcile immediately at the scene or to use formal alternative dispute resolution programs. " the debate over mandatory arrest is still underway, as many people believe it has negative effects on the assailant, victim, and their family members including but not limited to the breakdown of the family, the economic deprivation of the victim, the trauma associated with separation of families, and the lack of childcare in situations of dual arrest. sometimes when police respond, they arrest both parties involved in a domestic violence situation. as described by margaret martin in the journal of family violence, " the practice of dual arrest, the arrest of two parties, usually a man and a woman engaged in a'domestic dispute,'has arisen in localities which employ presumptive and mandatory arrest ". police are more likely to arrest both parties if the primary aggressor is female however, not every domestic violence situation results in dual arrest. police officers are trained to deduce who the primary aggressor is in a domestic violence dispute, leading to the arrest of the assailant and not the victim. = = = circumstances for arrest = = = some states will arrest simply based on probable cause to believe an act of domestic violence has been committed, while others do not allow for an arrest after a specific amount of time following the incident. for example, in alaska the police cannot make an arrest if the abuse occurred more than 12 hours prior to notification police are specifically trained to assess the situation and decide whether they have the required probable cause to make an arrest. for instance, wisconsin has a list of requirements that must be met before an officer can arrest a suspect. these include the age of the suspect ( s ), their relationship to the victim ( s ), and whether the act could be considered an intentional assault. the officer must also be able to identify the " predominant aggressor " = = = modern arrests = = = research has consistently reported an increase in the use of arrest for domestic violence in the united states. one large ( but not necessarily representative ) study of over 650, 000 incidents drawn
city, to get them to make arrests in domestic violence cases. they claimed that police assigned low priority to domestic disturbance calls. in 1978, the national academy of sciences published a report, deterrence and incapacitation : estimating the effects of criminal sanctions on crime rates, which called for more rigorous assessments of policies and practices based on social control theories and use of deterrence for crime control. based on the academy's recommendations, the national institute of justice began funding studies of the deterrent effects of criminal sanctions and, in 1980, one of the sponsored studies was the minneapolis domestic violence experiment. = = the study = = = = = methodology = = = the minneapolis domestic violence experiment looked at effectiveness of methods used by police to reduce domestic violence. cases used in the study were misdemeanor assault calls, which make up the bulk of domestic violence calls for service. both the victim and offender needed to still be present when the police arrived, in order to be included in the study. 51 patrol officers in the minneapolis police department participated in the study. each was asked to use one of three approaches for handling domestic violence calls, in cases where officers had probable cause to believe an assault had occurred : send the abuser away for eight hours. advice and mediation of disputes. make an arrest. interviews were conducted during a 6 - month follow - up period, with both victims and offenders, as well as official records consulted to determine whether or not re - offending had occurred. the study lasted approximately 17 months and included 330 cases. = = = findings = = = arrest was found to be the most effective police response. the study found that the offenders assigned to be arrested had lower rates of re - offending than offenders assigned to counseling or temporarily sent away. ( 19 % for arrest, 37 % for advice and 34 % for send ) = = policy response = = the results of the study received a great deal of attention from the news media, including the new york times and prime - time news coverage on television. many u. s. police departments responded to the study, adopting a mandatory arrest policy for spousal violence cases with probable cause. new york city police department commissioner benjamin ward quickly issued a new mandate for officers to make arrests, after reading the results of the study in a police foundation report. ward stated his belief that " arresting violent members of a household would be more effective in protecting other family members and help safeguard police officers called in to stop the highly charged quarrels. i thought it was about time to put policemen out
the minneapolis domestic violence experiment ( mdve ) evaluated the effectiveness of various police responses to domestic violence calls in minneapolis, minnesota. this experiment was implemented during 1981 - 82 by lawrence w. sherman, director of research at the police foundation, and by the minneapolis police department with funding support from the national institute of justice. among a pool of domestic violence offenders for whom there was probable cause to make an arrest, the study design called for officers to randomly select one third of the offenders for arrest, one third would be counseled and one third would be separated from their domestic partner. the results of the study, showing a deterrent effect for arrest, had a " virtually unprecedented impact in changing then - current police practices. " subsequently, numerous states and law enforcement agencies enacted policies for mandatory arrest, without warrant, for domestic violence cases in which the responding police officer had probable cause that a crime had occurred. = = background = = domestic violence historically has been viewed as a private family matter that need not involve government or criminal justice intervention. before the early 1970s, police in the united states favored a " hands - off " approach to domestic violence calls, with arrest only used as a last resort. at the time, domestic violence cases were typically classified as misdemeanor assault cases. during the 1970s, many u. s. jurisdictions did not authorize the police to make arrests in any misdemeanor assault, whether it involved a domestic partner or not, unless the assault occurred in the officer's presence. a 1978 court order in new york city mandated that arrests only be made in cases of serious violence, thus officers instead made effort to mediate family disputes. in the early 1970s, clinical psychologists argued that police should make an effort to mediate disputes. statistics on incidence of domestic violence, published in the late 1970s, helped raise public awareness of the problem and increase activism. a study published in 1976 by the police foundation found that the police had intervened at least once in the previous two years in 85 percent of spouse homicides. in the late 1970s and early 1980s, feminists and battered women's advocacy groups were calling on police to take domestic violence more seriously and change intervention strategies. in some instances, these groups took legal action against police departments, including in oakland, california and new york city, to get them to make arrests in domestic violence cases. they claimed that police assigned low priority to domestic disturbance calls. in 1978, the national academy of sciences published a report, deterrence and incapacitation : estimating the effects of criminal
Answer:
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Yes, because the landowner did not have a privilege to use excessive force.
| 0.3 |
Husband and Wife, walking on a country road, were frightened by a bull running loose on the road. They climbed over a fence to get onto the adjacent property, owned by Grower. After climbing over the fence, Husband and Wife damaged some of Grower's plants which were near the fence. The fence was posted with a large sign, "No Trespassing." Grower saw Husband and Wife and came toward them with his large watchdog on a long leash. The dog rushed at Wife. Grower had intended only to frighten Husband and Wife, but the leash broke, and before Grower could restrain the dog, the dog bit Wife."If Grower asserts a claim against Wife and Husband for damage to his plants, will Grower prevail?
0. Yes, because Wife and Husband entered on his land without permission.
1. Yes, because Grower had posted his property with a "No Trespassing" sign.
2. No, because Wife and Husband were confronted by an emergency situation.
3. No, because Grower used excessive force toward Wife and Husban
produces less noise, potentially reducing the road's barrier effect. the reduction in noise coming from the highway is assumed to make the road surface less intimidating for animals, potentially allowing crossings to take place. this increase in crossings, however, may result in a subsequent increase in animal - vehicle collisions. = = = animal movement = = = wildlife crossings, such as wildlife overpasses or underpasses, are generally seen as the most effective mitigation measure to help make roads more passable for wildlife while increasing both driver and animal safety. to funnel wildlife towards these crossings, many studies have called for a combination of both wildlife crossings and exclusion fencing, making the crossings under or over the road the only available path for wildlife. with a combination of both wildlife crossings and suitable lengths of fencing, the barrier effect of roads is expected to decrease, allowing animals to access both sides of the road and therefore allowing for important life cycle processes including migration and mating. = = references = =
in ethology, the nasty neighbour effect describes the phenomenon whereby territory - holding animals behave more strongly toward familiar conspecific neighbours than to unfamiliar conspecifics. this phenomenon may be generally advantageous to an animal because the heightened response reduces the likelihood of a nearby intruder entering the territory and taking the resources it contains whereas an unfamiliar or distant territory - holder poses less of a threat. this reduced response minimises the time, energy, and risk of injury incurred during territorial encounters with animals which are less of a threat to the territory holder. the nasty neighbour effect is the converse of the dear enemy effect in which some species are less aggressive toward their neighbours than toward unfamiliar strangers. the four - striped grass mouse ( rhabdomys pumilio ) is group living with one single breeding male and up to four communally breeding females per group. groups typically contain several philopatric adult sons ( and daughters ) that are believed not to breed in their natal group and all group members participate in territorial defence. when aggression in wild group - living male breeders was tested in a neutral test arena, they were nearly five times more aggressive toward their neighbours than toward strangers, leading to the prediction that neighbours are the most important competitors for paternity. using a molecular parentage analysis it was shown that 28 % of offspring are sired by neighbouring males and only 7 % by strangers. colonies of the weaver ant ( oecophylla smaragdina ) are able to recognize a greater proportion of workers from neighbouring colonies as non - colony members. when recognized as non - colony members, more aggression is exhibited toward neighbours than non - neighbours. banded mongoose ( mungos mungo ) groups vocalize more and inspect more scent samples in response to olfactory cues of neighbours than strangers. it has been suggested that increased aggression toward neighbours is more common in social species with intense competition between neighbours, as opposed to reduced aggression toward neighbours typical for most solitary species. furthermore, animals may respond in this way when encounters with intruders from non - neighbouring colonies are rare and of little consequence. female new zealand bellbirds ( anthornis melanura ) are more aggressive toward the songs of neighbouring females, indicating that neighbouring females pose a greater threat than strangers in this species. female hen harrier ( circus cyaneus ) responses toward neighbours are more intense, mostly flights rather than calls, than responses toward female floaters ( individuals without territories ), which in turn were more intense than responses toward male floaters. = = no effect =
the dear enemy effect or dear enemy recognition is an ethological phenomenon in which two neighbouring territorial animals become less aggressive toward one another once territorial borders are well established. as territory owners become accustomed to their neighbours, they expend less time and energy on defensive behaviors directed toward one another. however, aggression toward unfamiliar neighbours remains the same. some authors have suggested the dear enemy effect is territory residents displaying lower levels of aggression toward familiar neighbours compared to unfamiliar individuals who are non - territorial " floaters ". the dear enemy effect has been observed in a wide range of animals including mammals, birds, reptiles, amphibians, fish and invertebrates. it can be modulated by factors such as the location of the familiar and unfamiliar animal, the season, and the presence of females. the effect is the converse of the nasty neighbour effect, in which some species are more aggressive towards their neighbours than towards unfamiliar strangers. = = function = = the ultimate function of the dear enemy effect is to increase the individual fitness of the animal expressing the behaviour. this increase in fitness is achieved by reducing the time, energy or risk of injury unnecessarily incurred by defending a territory or its resources ( e. g. mate, food, space ) against a familiar animal with its own territory ; the territory - holder already knows about the abilities of the neighbour, and also knows that the neighbour is unlikely to try to take over the territory because it already has one. = = mechanism = = the interaction between two neighbours can be modelled as an iterated prisoner's dilemma game. in this view, a territory owner that acts non - aggressively towards a neighbour can be thought of as cooperating, while a territory owner that acts aggressively towards its neighbour can be considered to have defected. a necessary condition for the prisoner β s dilemma game to hold is that an aggressive individual should enjoy greater benefits than a non - aggressive individual when each is faced with a non - aggressive opponent. this stipulation is plausible, as an aggressive individual might enlarge their territory or steal food or matings from a non - aggressive individual. when cooperation involves a cost, a possible mechanism for achieving stable co - operation is reciprocal altruism, where pairs of individuals trade bouts of cooperative behaviour with one another. dear enemy cooperation could be explained by reciprocal altruism if territorial neighbours use conditional strategies such as tit for tat. in the tit - for - tat strategy, a subject will cooperate when its partner ( neighbour ) cooperates and defect when the partner defects.
does not mean that opening a specific door would not affect the probability that the car is behind the door chosen initially. the point is, though we know in advance that the host will open a door and reveal a goat, we do not know which door he will open. if the host chooses uniformly at random between doors hiding a goat ( as is the case in the standard interpretation ), this probability indeed remains unchanged, but if the host can choose non - randomly between such doors, then the specific door that the host opens reveals additional information. the host can always open a door revealing a goat and ( in the standard interpretation of the problem ) the probability that the car is behind the initially chosen door does not change, but it is not because of the former that the latter is true. solutions based on the assertion that the host's actions cannot affect the probability that the car is behind the initially chosen appear persuasive, but the assertion is simply untrue unless both of the host's two choices are equally likely, if he has a choice. the assertion therefore needs to be justified ; without justification being given, the solution is at best incomplete. it can be the case that the answer is correct but the reasoning used to justify it is defective. = = solutions using conditional probability and other solutions = = the simple solutions above show that a player with a strategy of switching wins the car with overall probability 2 / 3, i. e., without taking account of which door was opened by the host. in accordance with this, most sources for the topic of probability calculate the conditional probabilities that the car is behind door 1 and door 2 to be 1 / 3 and 2 / 3 respectively given the contestant initially picks door 1 and the host opens door 3. the solutions in this section consider just those cases in which the player picked door 1 and the host opened door 3. = = = refining the simple solution = = = if we assume that the host opens a door at random, when given a choice, then which door the host opens gives us no information at all as to whether or not the car is behind door 1. in the simple solutions, we have already observed that the probability that the car is behind door 1, the door initially chosen by the player, is initially 1 / 3. moreover, the host is certainly going to open a ( different ) door, so opening a door ( which door is unspecified ) does not change this. 1 / 3 must be the average of : the probability that the car is behind door 1
##cilitation of poaching of flora and fauna = = = roads that run through forests that house edible animals may encourage or facilitate poaching. especially in poor areas, the construction of roads has promoted not only poaching for personal consumption but also for sale ( for consumption or as a pet ) to third parties. similarly, the construction of roads in forested areas has also promoted illegal logging as it becomes easier for illegal loggers to transport the wood. = = mitigation efforts = = = = = awareness = = = awareness needs to be spread among drivers particularly those driving on forest road on maintaining speed limits and being vigilant. environment conservation group had initiated an awareness drive named path an acronym for provide animals safe transit on highways covering more than 17, 000 km in india to highlighting the importance of safe driving on forest roads. = = = road permeability = = = wildlife crossings that allow animals to safely cross human - made barriers such as roads, are intended not only to reduce roadkill, but ideally to provide connectivity of habitat areas, combating habitat fragmentation. wildlife crossings may include : underpass tunnels, viaducts, and overpasses. = = = habitat construction and planting = = = in washington county, north carolina, along highway 64, a study was conducted to analyze the effects of wildlife underpasses on the local wildlife. three wildlife underpasses were built with fencing around the highway in the study zones. the study showed that deer used the underpasses the most and made up 93 % of all crossings. mortality rates were calculated and showed that the numbers of deaths were lower near underpasses. this cannot be said about all animals. some have smaller home ranges so they were not inclined to travel to underpasses to cross the road. underpass would most likely benefit larger mammals such as bears, deer, and cougars. underpasses were seen to lower mortality rates and increase local species ability to adapt to a habitat along a major road. structural elements such as fencing or walls along road bridges can encourage birds and bats to fly higher over roads or underneath bridges, which lowers the chances of vehicle collisions. some animals, such as birds, are more vulnerable to disturbances during certain periods of the year, such as the breeding season. = = = recycling = = = materials removed from a road can be reused in construction within the same project or in other locations. road construction can also use waste materials from other industries. asphalt pavement is one of the most recycled materials in the united states. it is estimated
Answer:
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Yes, because Wife and Husband entered on his land without permission.
| null |
Husband and Wife, walking on a country road, were frightened by a bull running loose on the road. They climbed over a fence to get onto the adjacent property, owned by Grower. After climbing over the fence, Husband and Wife damaged some of Grower's plants which were near the fence. The fence was posted with a large sign, "No Trespassing." Grower saw Husband and Wife and came toward them with his large watchdog on a long leash. The dog rushed at Wife. Grower had intended only to frighten Husband and Wife, but the leash broke, and before Grower could restrain the dog, the dog bit Wife."If Grower asserts a claim against Wife and Husband for damage to his plants, will Grower prevail?
0. Yes, because Wife and Husband entered on his land without permission.
1. Yes, because Grower had posted his property with a "No Trespassing" sign.
2. No, because Wife and Husband were confronted by an emergency situation.
3. No, because Grower used excessive force toward Wife and Husban
produces less noise, potentially reducing the road's barrier effect. the reduction in noise coming from the highway is assumed to make the road surface less intimidating for animals, potentially allowing crossings to take place. this increase in crossings, however, may result in a subsequent increase in animal - vehicle collisions. = = = animal movement = = = wildlife crossings, such as wildlife overpasses or underpasses, are generally seen as the most effective mitigation measure to help make roads more passable for wildlife while increasing both driver and animal safety. to funnel wildlife towards these crossings, many studies have called for a combination of both wildlife crossings and exclusion fencing, making the crossings under or over the road the only available path for wildlife. with a combination of both wildlife crossings and suitable lengths of fencing, the barrier effect of roads is expected to decrease, allowing animals to access both sides of the road and therefore allowing for important life cycle processes including migration and mating. = = references = =
in ethology, the nasty neighbour effect describes the phenomenon whereby territory - holding animals behave more strongly toward familiar conspecific neighbours than to unfamiliar conspecifics. this phenomenon may be generally advantageous to an animal because the heightened response reduces the likelihood of a nearby intruder entering the territory and taking the resources it contains whereas an unfamiliar or distant territory - holder poses less of a threat. this reduced response minimises the time, energy, and risk of injury incurred during territorial encounters with animals which are less of a threat to the territory holder. the nasty neighbour effect is the converse of the dear enemy effect in which some species are less aggressive toward their neighbours than toward unfamiliar strangers. the four - striped grass mouse ( rhabdomys pumilio ) is group living with one single breeding male and up to four communally breeding females per group. groups typically contain several philopatric adult sons ( and daughters ) that are believed not to breed in their natal group and all group members participate in territorial defence. when aggression in wild group - living male breeders was tested in a neutral test arena, they were nearly five times more aggressive toward their neighbours than toward strangers, leading to the prediction that neighbours are the most important competitors for paternity. using a molecular parentage analysis it was shown that 28 % of offspring are sired by neighbouring males and only 7 % by strangers. colonies of the weaver ant ( oecophylla smaragdina ) are able to recognize a greater proportion of workers from neighbouring colonies as non - colony members. when recognized as non - colony members, more aggression is exhibited toward neighbours than non - neighbours. banded mongoose ( mungos mungo ) groups vocalize more and inspect more scent samples in response to olfactory cues of neighbours than strangers. it has been suggested that increased aggression toward neighbours is more common in social species with intense competition between neighbours, as opposed to reduced aggression toward neighbours typical for most solitary species. furthermore, animals may respond in this way when encounters with intruders from non - neighbouring colonies are rare and of little consequence. female new zealand bellbirds ( anthornis melanura ) are more aggressive toward the songs of neighbouring females, indicating that neighbouring females pose a greater threat than strangers in this species. female hen harrier ( circus cyaneus ) responses toward neighbours are more intense, mostly flights rather than calls, than responses toward female floaters ( individuals without territories ), which in turn were more intense than responses toward male floaters. = = no effect =
the dear enemy effect or dear enemy recognition is an ethological phenomenon in which two neighbouring territorial animals become less aggressive toward one another once territorial borders are well established. as territory owners become accustomed to their neighbours, they expend less time and energy on defensive behaviors directed toward one another. however, aggression toward unfamiliar neighbours remains the same. some authors have suggested the dear enemy effect is territory residents displaying lower levels of aggression toward familiar neighbours compared to unfamiliar individuals who are non - territorial " floaters ". the dear enemy effect has been observed in a wide range of animals including mammals, birds, reptiles, amphibians, fish and invertebrates. it can be modulated by factors such as the location of the familiar and unfamiliar animal, the season, and the presence of females. the effect is the converse of the nasty neighbour effect, in which some species are more aggressive towards their neighbours than towards unfamiliar strangers. = = function = = the ultimate function of the dear enemy effect is to increase the individual fitness of the animal expressing the behaviour. this increase in fitness is achieved by reducing the time, energy or risk of injury unnecessarily incurred by defending a territory or its resources ( e. g. mate, food, space ) against a familiar animal with its own territory ; the territory - holder already knows about the abilities of the neighbour, and also knows that the neighbour is unlikely to try to take over the territory because it already has one. = = mechanism = = the interaction between two neighbours can be modelled as an iterated prisoner's dilemma game. in this view, a territory owner that acts non - aggressively towards a neighbour can be thought of as cooperating, while a territory owner that acts aggressively towards its neighbour can be considered to have defected. a necessary condition for the prisoner β s dilemma game to hold is that an aggressive individual should enjoy greater benefits than a non - aggressive individual when each is faced with a non - aggressive opponent. this stipulation is plausible, as an aggressive individual might enlarge their territory or steal food or matings from a non - aggressive individual. when cooperation involves a cost, a possible mechanism for achieving stable co - operation is reciprocal altruism, where pairs of individuals trade bouts of cooperative behaviour with one another. dear enemy cooperation could be explained by reciprocal altruism if territorial neighbours use conditional strategies such as tit for tat. in the tit - for - tat strategy, a subject will cooperate when its partner ( neighbour ) cooperates and defect when the partner defects.
does not mean that opening a specific door would not affect the probability that the car is behind the door chosen initially. the point is, though we know in advance that the host will open a door and reveal a goat, we do not know which door he will open. if the host chooses uniformly at random between doors hiding a goat ( as is the case in the standard interpretation ), this probability indeed remains unchanged, but if the host can choose non - randomly between such doors, then the specific door that the host opens reveals additional information. the host can always open a door revealing a goat and ( in the standard interpretation of the problem ) the probability that the car is behind the initially chosen door does not change, but it is not because of the former that the latter is true. solutions based on the assertion that the host's actions cannot affect the probability that the car is behind the initially chosen appear persuasive, but the assertion is simply untrue unless both of the host's two choices are equally likely, if he has a choice. the assertion therefore needs to be justified ; without justification being given, the solution is at best incomplete. it can be the case that the answer is correct but the reasoning used to justify it is defective. = = solutions using conditional probability and other solutions = = the simple solutions above show that a player with a strategy of switching wins the car with overall probability 2 / 3, i. e., without taking account of which door was opened by the host. in accordance with this, most sources for the topic of probability calculate the conditional probabilities that the car is behind door 1 and door 2 to be 1 / 3 and 2 / 3 respectively given the contestant initially picks door 1 and the host opens door 3. the solutions in this section consider just those cases in which the player picked door 1 and the host opened door 3. = = = refining the simple solution = = = if we assume that the host opens a door at random, when given a choice, then which door the host opens gives us no information at all as to whether or not the car is behind door 1. in the simple solutions, we have already observed that the probability that the car is behind door 1, the door initially chosen by the player, is initially 1 / 3. moreover, the host is certainly going to open a ( different ) door, so opening a door ( which door is unspecified ) does not change this. 1 / 3 must be the average of : the probability that the car is behind door 1
##cilitation of poaching of flora and fauna = = = roads that run through forests that house edible animals may encourage or facilitate poaching. especially in poor areas, the construction of roads has promoted not only poaching for personal consumption but also for sale ( for consumption or as a pet ) to third parties. similarly, the construction of roads in forested areas has also promoted illegal logging as it becomes easier for illegal loggers to transport the wood. = = mitigation efforts = = = = = awareness = = = awareness needs to be spread among drivers particularly those driving on forest road on maintaining speed limits and being vigilant. environment conservation group had initiated an awareness drive named path an acronym for provide animals safe transit on highways covering more than 17, 000 km in india to highlighting the importance of safe driving on forest roads. = = = road permeability = = = wildlife crossings that allow animals to safely cross human - made barriers such as roads, are intended not only to reduce roadkill, but ideally to provide connectivity of habitat areas, combating habitat fragmentation. wildlife crossings may include : underpass tunnels, viaducts, and overpasses. = = = habitat construction and planting = = = in washington county, north carolina, along highway 64, a study was conducted to analyze the effects of wildlife underpasses on the local wildlife. three wildlife underpasses were built with fencing around the highway in the study zones. the study showed that deer used the underpasses the most and made up 93 % of all crossings. mortality rates were calculated and showed that the numbers of deaths were lower near underpasses. this cannot be said about all animals. some have smaller home ranges so they were not inclined to travel to underpasses to cross the road. underpass would most likely benefit larger mammals such as bears, deer, and cougars. underpasses were seen to lower mortality rates and increase local species ability to adapt to a habitat along a major road. structural elements such as fencing or walls along road bridges can encourage birds and bats to fly higher over roads or underneath bridges, which lowers the chances of vehicle collisions. some animals, such as birds, are more vulnerable to disturbances during certain periods of the year, such as the breeding season. = = = recycling = = = materials removed from a road can be reused in construction within the same project or in other locations. road construction can also use waste materials from other industries. asphalt pavement is one of the most recycled materials in the united states. it is estimated
Answer:
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Yes, because Grower had posted his property with a "No Trespassing" sign.
| 0.3 |
Ben was the illegitimate, unacknowledged child of Fred. Fred died intestate, leaving neither spouse nor any children other than Ben. The state's law of intestate succession provides that an unacknowledged illegitimate child may not inherit his father's property. The spouse, all other blood relations, and the state are preferred as heirs over the unacknowledged illegitimate child. Ben filed suit in an appropriate court alleging that the state statute barring an illegitimate child from sharing in a parent's estate is invalid, and that he should be declared lawful heir to his father's estate"In challenging the validity of the state statute, Ben's strongest argument would be that
0. there is no rational basis for preferring as heirs collateral relatives and even the state over unacknowledged children, and therefore the law violates the equal protection clause.
1. he has been deprived of property without due process because his fundamental right to inherit has been compromised without a compelling state need.
2. it violates the privileges and immunities clause of the Fourteenth Amendment.
3. it is a denial of procedural due process because it does not give the unacknowledged illegitimate child an opportunity to prove paternity
enumerated circumstances ), a person who would be an heir under intestate laws may be disinherited completely under the terms of a will ( an example is that of the will of comedian jerry lewis ; his will specifically disinherited his six children by his first wife, and their descendants, leaving his entire estate to his second wife ). inheritance has been compared to nepotism. = = history = = detailed anthropological and sociological studies have been made about customs of patrimonial inheritance, where only male children can inherit. some cultures also employ matrilineal succession, where property can only pass along the female line, most commonly going to the sister's sons of the decedent ; but also, in some societies, from the mother to her daughters. some ancient societies and most modern states employ egalitarian inheritance, without discrimination based on gender and / or birth order. = = religious laws about inheritance = = = = = jewish laws = = = the inheritance is patrimonial. the father β that is, the owner of the land β bequeaths only to his male descendants, so the promised land passes from one jewish father to his sons. according to the law of moses, the firstborn son was entitled to receive twice as much of his father's inheritance as the other sons ( deuteronomy 21 : 15 β 17 ). if there were no living sons and no descendants of any previously living sons, daughters inherit. in numbers 27, the five daughters of zelophehad come to moses and ask for their father's inheritance, as they have no brothers. the order of inheritance is set out : a man's sons inherit first, daughters if no sons, brothers if he has no children, and so on. later, in numbers 36, some of the heads of the families of the tribe of manasseh come to moses and point out that, if a daughter inherits and then marries a man not from her paternal tribe, her land will pass from her birth - tribe's inheritance into her marriage - tribe's. so a further rule is laid down : if a daughter inherits land, she must marry someone within her father's tribe. ( the daughters of zelophehad marry the sons'of their father's brothers. there is no indication that this was not their choice. ) the laws of jewish inheritance are discussed in the talmud, in the mishneh torah and by saadiah ben joseph among other
inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. the rules of inheritance differ among societies and have changed over time. officially bequeathing private property and / or debts can be performed by a testator via will, as attested by a notary or by other lawful means. = = terminology = = in law, an " heir " ( fem : heiress ) is a person who is entitled to receive a share of property from a decedent ( a person who died ), subject to the rules of inheritance in the jurisdiction where the decedent was a citizen, or where the decedent died or owned property at the time of death. the inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. however, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid ( for example, some states do not recognise handwritten wills as valid, or only in specific circumstances ) and the intestate laws then apply. the exclusion from inheritance of a person who was an heir in a previous will, or would otherwise be expected to inherit, is termed " disinheritance ". a person does not become an heir before the death of the deceased, since the exact identity of the persons entitled to inherit is determined only then. members of ruling noble or royal houses who are expected to become heirs are called heirs apparent if first in line and incapable of being displaced from inheriting by another claim ; otherwise, they are heirs presumptive. there is a further concept of joint inheritance, pending renunciation by all but one, which is called coparceny. in modern law, the terms inheritance and heir refer exclusively to succession to property by descent from a deceased dying intestate. takers in property succeeded to under a will are termed generally beneficiaries, and specifically devises for real property, bequests for personal property ( except money ), or legatees for money. except in some jurisdictions where a person cannot be legally disinherited ( such as the united states state of louisiana, which allows disinheritance only under specifically enumerated circumstances ), a person who would be an heir under intestate laws may be disinherited completely under the terms of a will ( an example is that of the will of comedian jerry lewis ; his will specifically disinher
##ad marry the sons'of their father's brothers. there is no indication that this was not their choice. ) the laws of jewish inheritance are discussed in the talmud, in the mishneh torah and by saadiah ben joseph among other sources. all these sources agree that the firstborn son is entitled to a double portion of his father's estate. this means that, for example, if a father left five sons, the firstborn receives a third of the estate and each of the other four receives a sixth. if he left nine sons, the firstborn receives a fifth and each of the other eight receive a tenth. if the eldest surviving son is not the firstborn son, he is not entitled to the double portion. philo of alexandria and josephus also comment on the jewish laws of inheritance, praising them above other law codes of their time. they also agreed that the firstborn son must receive a double portion of his father's estate. = = = christian laws = = = at first, christianity did not have its own inheritance traditions distinct from judaism. with the accession of emperor constantine in 306, christians both began to distance themselves from judaism and to have influence on the law and practices of secular institutions. from the beginning, this included inheritance. the roman practice of adoption was a specific target, because it was perceived to be in conflict with the judeo - christian doctrine of primogeniture. as stephanie coontz documents in marriage, a history ( penguin, 2006 ), not only succession but the whole constellation of rights and practices that included marriage, adoption, legitimacy, consanguinity, and inheritance changed in western europe from a greco - roman model to a judeo - christian pattern, based on biblical and traditional judeo - christian principles. the transformation was essentially complete in the middle ages, although in english - speaking countries there was additional development under the influence of protestantism. even when europe became secularized and christianity faded into the background, the legal foundation christendom had laid remained. only in the era of modern jurisprudence have there been significant changes. = = = islamic laws = = = the quran introduced a number of different rights and restrictions on matters of inheritance, including general improvements to the treatment of women and family life compared to the pre - islamic societies that existed in the arabian peninsula at the time. furthermore, the quran introduced additional heirs that were not entitled to inheritance in pre - islamic times, mentioning nine relatives specifically of which six were female and three were male. however, the inheritance
the amount of inheritance is often far less than the value of a business initially given to the son, especially when a son takes over a thriving multimillion - dollar business, yet the daughter is given the balance of the actual inheritance amounting to far less than the value of the business that was initially given to the son. this is especially seen in old world cultures, but continues in many families to this day. arguments for eliminating forced heirship include the right to property and the merit of individual allocation of capital over government wealth confiscation and redistribution, but this does not resolve what some describe as the problem of unequal inheritance. in terms of inheritance inequality, some economists and sociologists focus on the inter generational transmission of income or wealth which is said to have a direct impact on one's mobility ( or immobility ) and class position in society. nations differ on the political structure and policy options that govern the transfer of wealth. according to the american federal government statistics compiled by mark zandi in 1985, the average us inheritance was $ 39, 000. in subsequent years, the overall amount of total annual inheritance more than doubled, reaching nearly $ 200 billion. by 2050, there will be an estimated $ 25 trillion inheritance transmitted across generations. some researchers have attributed this rise to the baby boomer generation. historically, the baby boomers were the largest influx of children conceived after ww2. for this reason, thomas shapiro suggests that this generation " is in the midst of benefiting from the greatest inheritance of wealth in history ". inherited wealth may help explain why many americans who have become rich may have had a " substantial head start ". in september 2012, according to the institute for policy studies, " over 60 percent " of the forbes richest 400 americans " grew up in substantial privilege ", and often ( but not always ) received substantial inheritances. other research has shown that many inheritances, large or small, are rapidly squandered. similarly, analysis shows that over two - thirds of high - wealth families lose their wealth within two generations, and almost 80 % of high - wealth parents " feel the next generation is not financially responsible [ and / or competent ] enough to handle inheritance ". = = = social stratification = = = it has been argued that inheritance plays a significant effect on social stratification. inheritance is an integral component of family, economic, and legal institutions, and a basic mechanism of class stratification. it also affects the distribution of wealth at the societal level. the
preserved farmland values, and not full development values. estate exclusion. section 2031 ( c ) of the tax code provides further estate tax incentives for properties subject to a donated conservation easement. when property has a qualified conservation easement placed upon it, up to an additional 40 % of the value of land ( subject to a $ 500, 000 cap ) may be excluded from the estate when the landowner dies. this exclusion is in addition to the reduction in land value attributable to the easement itself as described above. after death easement. heirs may also receive these benefits ( but not the income tax deduction ) by electing to donate a conservation easement after the landowner's death and prior to filing the estate return ( called a " post mortem " election ). in pennsylvania, conservation restrictions on land included in the estate can reduce the inheritance tax owed. = = property tax incentives = = many states offer property tax incentives to conservation easement donors. = = issues to consider = = as is the case with any property interest, a conservation easement may be taken by eminent domain ( and thereby extinguished ) when the public value of the proposed project exceeds that of the conservation interest being protected by the easement. conservation easements may result in a significant reduction in the sale price of the land because a builder can no longer develop it. in fact, this difference in value is the basis for the granting of the original tax incentives. an estimate of 35 % β 65 % value reduction has been made on conservation easement land to the land owner. clear boundaries of adjacent properties are not always consistent with each other. currently, the nced manages this issue by snapping boundary polygons to a standard parcel layer which may differ from the original data provided by a landowner. against the background of the beneficial effects for nature provided by conservation easements, research suggests to also consider in - fee driven conservation efforts ( i. e. direct purchase of land through conservation actors ). the cost - effectiveness of either governance approach depends on various aspects such as economic and local ecological conditions, which hence need to be closely considered for the decision. = = purchase of conservation easements = = many conservation easements are purchased with funds from federal, state, and local governments, nonprofit organizations, or private donors. in these cases, landowners are paid directly for the purchase of the conservation easement. the farm bill, updated every five or more years, provides an important source of funds for conservation easement purchase. the 2014 farm bill created the agricultural conservation ease
Answer:
|
there is no rational basis for preferring as heirs collateral relatives and even the state over unacknowledged children, and therefore the law violates the equal protection clause.
| null |
Ben was the illegitimate, unacknowledged child of Fred. Fred died intestate, leaving neither spouse nor any children other than Ben. The state's law of intestate succession provides that an unacknowledged illegitimate child may not inherit his father's property. The spouse, all other blood relations, and the state are preferred as heirs over the unacknowledged illegitimate child. Ben filed suit in an appropriate court alleging that the state statute barring an illegitimate child from sharing in a parent's estate is invalid, and that he should be declared lawful heir to his father's estate"In challenging the validity of the state statute, Ben's strongest argument would be that
0. there is no rational basis for preferring as heirs collateral relatives and even the state over unacknowledged children, and therefore the law violates the equal protection clause.
1. he has been deprived of property without due process because his fundamental right to inherit has been compromised without a compelling state need.
2. it violates the privileges and immunities clause of the Fourteenth Amendment.
3. it is a denial of procedural due process because it does not give the unacknowledged illegitimate child an opportunity to prove paternity
enumerated circumstances ), a person who would be an heir under intestate laws may be disinherited completely under the terms of a will ( an example is that of the will of comedian jerry lewis ; his will specifically disinherited his six children by his first wife, and their descendants, leaving his entire estate to his second wife ). inheritance has been compared to nepotism. = = history = = detailed anthropological and sociological studies have been made about customs of patrimonial inheritance, where only male children can inherit. some cultures also employ matrilineal succession, where property can only pass along the female line, most commonly going to the sister's sons of the decedent ; but also, in some societies, from the mother to her daughters. some ancient societies and most modern states employ egalitarian inheritance, without discrimination based on gender and / or birth order. = = religious laws about inheritance = = = = = jewish laws = = = the inheritance is patrimonial. the father β that is, the owner of the land β bequeaths only to his male descendants, so the promised land passes from one jewish father to his sons. according to the law of moses, the firstborn son was entitled to receive twice as much of his father's inheritance as the other sons ( deuteronomy 21 : 15 β 17 ). if there were no living sons and no descendants of any previously living sons, daughters inherit. in numbers 27, the five daughters of zelophehad come to moses and ask for their father's inheritance, as they have no brothers. the order of inheritance is set out : a man's sons inherit first, daughters if no sons, brothers if he has no children, and so on. later, in numbers 36, some of the heads of the families of the tribe of manasseh come to moses and point out that, if a daughter inherits and then marries a man not from her paternal tribe, her land will pass from her birth - tribe's inheritance into her marriage - tribe's. so a further rule is laid down : if a daughter inherits land, she must marry someone within her father's tribe. ( the daughters of zelophehad marry the sons'of their father's brothers. there is no indication that this was not their choice. ) the laws of jewish inheritance are discussed in the talmud, in the mishneh torah and by saadiah ben joseph among other
inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. the rules of inheritance differ among societies and have changed over time. officially bequeathing private property and / or debts can be performed by a testator via will, as attested by a notary or by other lawful means. = = terminology = = in law, an " heir " ( fem : heiress ) is a person who is entitled to receive a share of property from a decedent ( a person who died ), subject to the rules of inheritance in the jurisdiction where the decedent was a citizen, or where the decedent died or owned property at the time of death. the inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. however, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid ( for example, some states do not recognise handwritten wills as valid, or only in specific circumstances ) and the intestate laws then apply. the exclusion from inheritance of a person who was an heir in a previous will, or would otherwise be expected to inherit, is termed " disinheritance ". a person does not become an heir before the death of the deceased, since the exact identity of the persons entitled to inherit is determined only then. members of ruling noble or royal houses who are expected to become heirs are called heirs apparent if first in line and incapable of being displaced from inheriting by another claim ; otherwise, they are heirs presumptive. there is a further concept of joint inheritance, pending renunciation by all but one, which is called coparceny. in modern law, the terms inheritance and heir refer exclusively to succession to property by descent from a deceased dying intestate. takers in property succeeded to under a will are termed generally beneficiaries, and specifically devises for real property, bequests for personal property ( except money ), or legatees for money. except in some jurisdictions where a person cannot be legally disinherited ( such as the united states state of louisiana, which allows disinheritance only under specifically enumerated circumstances ), a person who would be an heir under intestate laws may be disinherited completely under the terms of a will ( an example is that of the will of comedian jerry lewis ; his will specifically disinher
##ad marry the sons'of their father's brothers. there is no indication that this was not their choice. ) the laws of jewish inheritance are discussed in the talmud, in the mishneh torah and by saadiah ben joseph among other sources. all these sources agree that the firstborn son is entitled to a double portion of his father's estate. this means that, for example, if a father left five sons, the firstborn receives a third of the estate and each of the other four receives a sixth. if he left nine sons, the firstborn receives a fifth and each of the other eight receive a tenth. if the eldest surviving son is not the firstborn son, he is not entitled to the double portion. philo of alexandria and josephus also comment on the jewish laws of inheritance, praising them above other law codes of their time. they also agreed that the firstborn son must receive a double portion of his father's estate. = = = christian laws = = = at first, christianity did not have its own inheritance traditions distinct from judaism. with the accession of emperor constantine in 306, christians both began to distance themselves from judaism and to have influence on the law and practices of secular institutions. from the beginning, this included inheritance. the roman practice of adoption was a specific target, because it was perceived to be in conflict with the judeo - christian doctrine of primogeniture. as stephanie coontz documents in marriage, a history ( penguin, 2006 ), not only succession but the whole constellation of rights and practices that included marriage, adoption, legitimacy, consanguinity, and inheritance changed in western europe from a greco - roman model to a judeo - christian pattern, based on biblical and traditional judeo - christian principles. the transformation was essentially complete in the middle ages, although in english - speaking countries there was additional development under the influence of protestantism. even when europe became secularized and christianity faded into the background, the legal foundation christendom had laid remained. only in the era of modern jurisprudence have there been significant changes. = = = islamic laws = = = the quran introduced a number of different rights and restrictions on matters of inheritance, including general improvements to the treatment of women and family life compared to the pre - islamic societies that existed in the arabian peninsula at the time. furthermore, the quran introduced additional heirs that were not entitled to inheritance in pre - islamic times, mentioning nine relatives specifically of which six were female and three were male. however, the inheritance
the amount of inheritance is often far less than the value of a business initially given to the son, especially when a son takes over a thriving multimillion - dollar business, yet the daughter is given the balance of the actual inheritance amounting to far less than the value of the business that was initially given to the son. this is especially seen in old world cultures, but continues in many families to this day. arguments for eliminating forced heirship include the right to property and the merit of individual allocation of capital over government wealth confiscation and redistribution, but this does not resolve what some describe as the problem of unequal inheritance. in terms of inheritance inequality, some economists and sociologists focus on the inter generational transmission of income or wealth which is said to have a direct impact on one's mobility ( or immobility ) and class position in society. nations differ on the political structure and policy options that govern the transfer of wealth. according to the american federal government statistics compiled by mark zandi in 1985, the average us inheritance was $ 39, 000. in subsequent years, the overall amount of total annual inheritance more than doubled, reaching nearly $ 200 billion. by 2050, there will be an estimated $ 25 trillion inheritance transmitted across generations. some researchers have attributed this rise to the baby boomer generation. historically, the baby boomers were the largest influx of children conceived after ww2. for this reason, thomas shapiro suggests that this generation " is in the midst of benefiting from the greatest inheritance of wealth in history ". inherited wealth may help explain why many americans who have become rich may have had a " substantial head start ". in september 2012, according to the institute for policy studies, " over 60 percent " of the forbes richest 400 americans " grew up in substantial privilege ", and often ( but not always ) received substantial inheritances. other research has shown that many inheritances, large or small, are rapidly squandered. similarly, analysis shows that over two - thirds of high - wealth families lose their wealth within two generations, and almost 80 % of high - wealth parents " feel the next generation is not financially responsible [ and / or competent ] enough to handle inheritance ". = = = social stratification = = = it has been argued that inheritance plays a significant effect on social stratification. inheritance is an integral component of family, economic, and legal institutions, and a basic mechanism of class stratification. it also affects the distribution of wealth at the societal level. the
preserved farmland values, and not full development values. estate exclusion. section 2031 ( c ) of the tax code provides further estate tax incentives for properties subject to a donated conservation easement. when property has a qualified conservation easement placed upon it, up to an additional 40 % of the value of land ( subject to a $ 500, 000 cap ) may be excluded from the estate when the landowner dies. this exclusion is in addition to the reduction in land value attributable to the easement itself as described above. after death easement. heirs may also receive these benefits ( but not the income tax deduction ) by electing to donate a conservation easement after the landowner's death and prior to filing the estate return ( called a " post mortem " election ). in pennsylvania, conservation restrictions on land included in the estate can reduce the inheritance tax owed. = = property tax incentives = = many states offer property tax incentives to conservation easement donors. = = issues to consider = = as is the case with any property interest, a conservation easement may be taken by eminent domain ( and thereby extinguished ) when the public value of the proposed project exceeds that of the conservation interest being protected by the easement. conservation easements may result in a significant reduction in the sale price of the land because a builder can no longer develop it. in fact, this difference in value is the basis for the granting of the original tax incentives. an estimate of 35 % β 65 % value reduction has been made on conservation easement land to the land owner. clear boundaries of adjacent properties are not always consistent with each other. currently, the nced manages this issue by snapping boundary polygons to a standard parcel layer which may differ from the original data provided by a landowner. against the background of the beneficial effects for nature provided by conservation easements, research suggests to also consider in - fee driven conservation efforts ( i. e. direct purchase of land through conservation actors ). the cost - effectiveness of either governance approach depends on various aspects such as economic and local ecological conditions, which hence need to be closely considered for the decision. = = purchase of conservation easements = = many conservation easements are purchased with funds from federal, state, and local governments, nonprofit organizations, or private donors. in these cases, landowners are paid directly for the purchase of the conservation easement. the farm bill, updated every five or more years, provides an important source of funds for conservation easement purchase. the 2014 farm bill created the agricultural conservation ease
Answer:
|
it is a denial of procedural due process because it does not give the unacknowledged illegitimate child an opportunity to prove paternity
| 0.3 |
Ben was the illegitimate, unacknowledged child of Fred. Fred died intestate, leaving neither spouse nor any children other than Ben. The state's law of intestate succession provides that an unacknowledged illegitimate child may not inherit his father's property. The spouse, all other blood relations, and the state are preferred as heirs over the unacknowledged illegitimate child. Ben filed suit in an appropriate court alleging that the state statute barring an illegitimate child from sharing in a parent's estate is invalid, and that he should be declared lawful heir to his father's estate"The state's strongest defense of the statute would be that
0. the authority of a state over the disposition of decedents' property located in the state is not affected by the Constitution of the United States
1. a statute prescribing the means of disposing of the property of intestate decedents does not constitute invidious discrimination.
2. inheritance under intestate succession laws is a privilege, not a right, and therefore is not protected as property under the due process clause.
3. its interest in promoting family life and in encouraging the formal acknowledgment of paternity gives the law a rational basis.
enumerated circumstances ), a person who would be an heir under intestate laws may be disinherited completely under the terms of a will ( an example is that of the will of comedian jerry lewis ; his will specifically disinherited his six children by his first wife, and their descendants, leaving his entire estate to his second wife ). inheritance has been compared to nepotism. = = history = = detailed anthropological and sociological studies have been made about customs of patrimonial inheritance, where only male children can inherit. some cultures also employ matrilineal succession, where property can only pass along the female line, most commonly going to the sister's sons of the decedent ; but also, in some societies, from the mother to her daughters. some ancient societies and most modern states employ egalitarian inheritance, without discrimination based on gender and / or birth order. = = religious laws about inheritance = = = = = jewish laws = = = the inheritance is patrimonial. the father β that is, the owner of the land β bequeaths only to his male descendants, so the promised land passes from one jewish father to his sons. according to the law of moses, the firstborn son was entitled to receive twice as much of his father's inheritance as the other sons ( deuteronomy 21 : 15 β 17 ). if there were no living sons and no descendants of any previously living sons, daughters inherit. in numbers 27, the five daughters of zelophehad come to moses and ask for their father's inheritance, as they have no brothers. the order of inheritance is set out : a man's sons inherit first, daughters if no sons, brothers if he has no children, and so on. later, in numbers 36, some of the heads of the families of the tribe of manasseh come to moses and point out that, if a daughter inherits and then marries a man not from her paternal tribe, her land will pass from her birth - tribe's inheritance into her marriage - tribe's. so a further rule is laid down : if a daughter inherits land, she must marry someone within her father's tribe. ( the daughters of zelophehad marry the sons'of their father's brothers. there is no indication that this was not their choice. ) the laws of jewish inheritance are discussed in the talmud, in the mishneh torah and by saadiah ben joseph among other
inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. the rules of inheritance differ among societies and have changed over time. officially bequeathing private property and / or debts can be performed by a testator via will, as attested by a notary or by other lawful means. = = terminology = = in law, an " heir " ( fem : heiress ) is a person who is entitled to receive a share of property from a decedent ( a person who died ), subject to the rules of inheritance in the jurisdiction where the decedent was a citizen, or where the decedent died or owned property at the time of death. the inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. however, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid ( for example, some states do not recognise handwritten wills as valid, or only in specific circumstances ) and the intestate laws then apply. the exclusion from inheritance of a person who was an heir in a previous will, or would otherwise be expected to inherit, is termed " disinheritance ". a person does not become an heir before the death of the deceased, since the exact identity of the persons entitled to inherit is determined only then. members of ruling noble or royal houses who are expected to become heirs are called heirs apparent if first in line and incapable of being displaced from inheriting by another claim ; otherwise, they are heirs presumptive. there is a further concept of joint inheritance, pending renunciation by all but one, which is called coparceny. in modern law, the terms inheritance and heir refer exclusively to succession to property by descent from a deceased dying intestate. takers in property succeeded to under a will are termed generally beneficiaries, and specifically devises for real property, bequests for personal property ( except money ), or legatees for money. except in some jurisdictions where a person cannot be legally disinherited ( such as the united states state of louisiana, which allows disinheritance only under specifically enumerated circumstances ), a person who would be an heir under intestate laws may be disinherited completely under the terms of a will ( an example is that of the will of comedian jerry lewis ; his will specifically disinher
##ad marry the sons'of their father's brothers. there is no indication that this was not their choice. ) the laws of jewish inheritance are discussed in the talmud, in the mishneh torah and by saadiah ben joseph among other sources. all these sources agree that the firstborn son is entitled to a double portion of his father's estate. this means that, for example, if a father left five sons, the firstborn receives a third of the estate and each of the other four receives a sixth. if he left nine sons, the firstborn receives a fifth and each of the other eight receive a tenth. if the eldest surviving son is not the firstborn son, he is not entitled to the double portion. philo of alexandria and josephus also comment on the jewish laws of inheritance, praising them above other law codes of their time. they also agreed that the firstborn son must receive a double portion of his father's estate. = = = christian laws = = = at first, christianity did not have its own inheritance traditions distinct from judaism. with the accession of emperor constantine in 306, christians both began to distance themselves from judaism and to have influence on the law and practices of secular institutions. from the beginning, this included inheritance. the roman practice of adoption was a specific target, because it was perceived to be in conflict with the judeo - christian doctrine of primogeniture. as stephanie coontz documents in marriage, a history ( penguin, 2006 ), not only succession but the whole constellation of rights and practices that included marriage, adoption, legitimacy, consanguinity, and inheritance changed in western europe from a greco - roman model to a judeo - christian pattern, based on biblical and traditional judeo - christian principles. the transformation was essentially complete in the middle ages, although in english - speaking countries there was additional development under the influence of protestantism. even when europe became secularized and christianity faded into the background, the legal foundation christendom had laid remained. only in the era of modern jurisprudence have there been significant changes. = = = islamic laws = = = the quran introduced a number of different rights and restrictions on matters of inheritance, including general improvements to the treatment of women and family life compared to the pre - islamic societies that existed in the arabian peninsula at the time. furthermore, the quran introduced additional heirs that were not entitled to inheritance in pre - islamic times, mentioning nine relatives specifically of which six were female and three were male. however, the inheritance
preserved farmland values, and not full development values. estate exclusion. section 2031 ( c ) of the tax code provides further estate tax incentives for properties subject to a donated conservation easement. when property has a qualified conservation easement placed upon it, up to an additional 40 % of the value of land ( subject to a $ 500, 000 cap ) may be excluded from the estate when the landowner dies. this exclusion is in addition to the reduction in land value attributable to the easement itself as described above. after death easement. heirs may also receive these benefits ( but not the income tax deduction ) by electing to donate a conservation easement after the landowner's death and prior to filing the estate return ( called a " post mortem " election ). in pennsylvania, conservation restrictions on land included in the estate can reduce the inheritance tax owed. = = property tax incentives = = many states offer property tax incentives to conservation easement donors. = = issues to consider = = as is the case with any property interest, a conservation easement may be taken by eminent domain ( and thereby extinguished ) when the public value of the proposed project exceeds that of the conservation interest being protected by the easement. conservation easements may result in a significant reduction in the sale price of the land because a builder can no longer develop it. in fact, this difference in value is the basis for the granting of the original tax incentives. an estimate of 35 % β 65 % value reduction has been made on conservation easement land to the land owner. clear boundaries of adjacent properties are not always consistent with each other. currently, the nced manages this issue by snapping boundary polygons to a standard parcel layer which may differ from the original data provided by a landowner. against the background of the beneficial effects for nature provided by conservation easements, research suggests to also consider in - fee driven conservation efforts ( i. e. direct purchase of land through conservation actors ). the cost - effectiveness of either governance approach depends on various aspects such as economic and local ecological conditions, which hence need to be closely considered for the decision. = = purchase of conservation easements = = many conservation easements are purchased with funds from federal, state, and local governments, nonprofit organizations, or private donors. in these cases, landowners are paid directly for the purchase of the conservation easement. the farm bill, updated every five or more years, provides an important source of funds for conservation easement purchase. the 2014 farm bill created the agricultural conservation ease
the amount of inheritance is often far less than the value of a business initially given to the son, especially when a son takes over a thriving multimillion - dollar business, yet the daughter is given the balance of the actual inheritance amounting to far less than the value of the business that was initially given to the son. this is especially seen in old world cultures, but continues in many families to this day. arguments for eliminating forced heirship include the right to property and the merit of individual allocation of capital over government wealth confiscation and redistribution, but this does not resolve what some describe as the problem of unequal inheritance. in terms of inheritance inequality, some economists and sociologists focus on the inter generational transmission of income or wealth which is said to have a direct impact on one's mobility ( or immobility ) and class position in society. nations differ on the political structure and policy options that govern the transfer of wealth. according to the american federal government statistics compiled by mark zandi in 1985, the average us inheritance was $ 39, 000. in subsequent years, the overall amount of total annual inheritance more than doubled, reaching nearly $ 200 billion. by 2050, there will be an estimated $ 25 trillion inheritance transmitted across generations. some researchers have attributed this rise to the baby boomer generation. historically, the baby boomers were the largest influx of children conceived after ww2. for this reason, thomas shapiro suggests that this generation " is in the midst of benefiting from the greatest inheritance of wealth in history ". inherited wealth may help explain why many americans who have become rich may have had a " substantial head start ". in september 2012, according to the institute for policy studies, " over 60 percent " of the forbes richest 400 americans " grew up in substantial privilege ", and often ( but not always ) received substantial inheritances. other research has shown that many inheritances, large or small, are rapidly squandered. similarly, analysis shows that over two - thirds of high - wealth families lose their wealth within two generations, and almost 80 % of high - wealth parents " feel the next generation is not financially responsible [ and / or competent ] enough to handle inheritance ". = = = social stratification = = = it has been argued that inheritance plays a significant effect on social stratification. inheritance is an integral component of family, economic, and legal institutions, and a basic mechanism of class stratification. it also affects the distribution of wealth at the societal level. the
Answer:
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its interest in promoting family life and in encouraging the formal acknowledgment of paternity gives the law a rational basis.
| null |
Ben was the illegitimate, unacknowledged child of Fred. Fred died intestate, leaving neither spouse nor any children other than Ben. The state's law of intestate succession provides that an unacknowledged illegitimate child may not inherit his father's property. The spouse, all other blood relations, and the state are preferred as heirs over the unacknowledged illegitimate child. Ben filed suit in an appropriate court alleging that the state statute barring an illegitimate child from sharing in a parent's estate is invalid, and that he should be declared lawful heir to his father's estate"The state's strongest defense of the statute would be that
0. the authority of a state over the disposition of decedents' property located in the state is not affected by the Constitution of the United States
1. a statute prescribing the means of disposing of the property of intestate decedents does not constitute invidious discrimination.
2. inheritance under intestate succession laws is a privilege, not a right, and therefore is not protected as property under the due process clause.
3. its interest in promoting family life and in encouraging the formal acknowledgment of paternity gives the law a rational basis.
enumerated circumstances ), a person who would be an heir under intestate laws may be disinherited completely under the terms of a will ( an example is that of the will of comedian jerry lewis ; his will specifically disinherited his six children by his first wife, and their descendants, leaving his entire estate to his second wife ). inheritance has been compared to nepotism. = = history = = detailed anthropological and sociological studies have been made about customs of patrimonial inheritance, where only male children can inherit. some cultures also employ matrilineal succession, where property can only pass along the female line, most commonly going to the sister's sons of the decedent ; but also, in some societies, from the mother to her daughters. some ancient societies and most modern states employ egalitarian inheritance, without discrimination based on gender and / or birth order. = = religious laws about inheritance = = = = = jewish laws = = = the inheritance is patrimonial. the father β that is, the owner of the land β bequeaths only to his male descendants, so the promised land passes from one jewish father to his sons. according to the law of moses, the firstborn son was entitled to receive twice as much of his father's inheritance as the other sons ( deuteronomy 21 : 15 β 17 ). if there were no living sons and no descendants of any previously living sons, daughters inherit. in numbers 27, the five daughters of zelophehad come to moses and ask for their father's inheritance, as they have no brothers. the order of inheritance is set out : a man's sons inherit first, daughters if no sons, brothers if he has no children, and so on. later, in numbers 36, some of the heads of the families of the tribe of manasseh come to moses and point out that, if a daughter inherits and then marries a man not from her paternal tribe, her land will pass from her birth - tribe's inheritance into her marriage - tribe's. so a further rule is laid down : if a daughter inherits land, she must marry someone within her father's tribe. ( the daughters of zelophehad marry the sons'of their father's brothers. there is no indication that this was not their choice. ) the laws of jewish inheritance are discussed in the talmud, in the mishneh torah and by saadiah ben joseph among other
inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. the rules of inheritance differ among societies and have changed over time. officially bequeathing private property and / or debts can be performed by a testator via will, as attested by a notary or by other lawful means. = = terminology = = in law, an " heir " ( fem : heiress ) is a person who is entitled to receive a share of property from a decedent ( a person who died ), subject to the rules of inheritance in the jurisdiction where the decedent was a citizen, or where the decedent died or owned property at the time of death. the inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. however, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid ( for example, some states do not recognise handwritten wills as valid, or only in specific circumstances ) and the intestate laws then apply. the exclusion from inheritance of a person who was an heir in a previous will, or would otherwise be expected to inherit, is termed " disinheritance ". a person does not become an heir before the death of the deceased, since the exact identity of the persons entitled to inherit is determined only then. members of ruling noble or royal houses who are expected to become heirs are called heirs apparent if first in line and incapable of being displaced from inheriting by another claim ; otherwise, they are heirs presumptive. there is a further concept of joint inheritance, pending renunciation by all but one, which is called coparceny. in modern law, the terms inheritance and heir refer exclusively to succession to property by descent from a deceased dying intestate. takers in property succeeded to under a will are termed generally beneficiaries, and specifically devises for real property, bequests for personal property ( except money ), or legatees for money. except in some jurisdictions where a person cannot be legally disinherited ( such as the united states state of louisiana, which allows disinheritance only under specifically enumerated circumstances ), a person who would be an heir under intestate laws may be disinherited completely under the terms of a will ( an example is that of the will of comedian jerry lewis ; his will specifically disinher
##ad marry the sons'of their father's brothers. there is no indication that this was not their choice. ) the laws of jewish inheritance are discussed in the talmud, in the mishneh torah and by saadiah ben joseph among other sources. all these sources agree that the firstborn son is entitled to a double portion of his father's estate. this means that, for example, if a father left five sons, the firstborn receives a third of the estate and each of the other four receives a sixth. if he left nine sons, the firstborn receives a fifth and each of the other eight receive a tenth. if the eldest surviving son is not the firstborn son, he is not entitled to the double portion. philo of alexandria and josephus also comment on the jewish laws of inheritance, praising them above other law codes of their time. they also agreed that the firstborn son must receive a double portion of his father's estate. = = = christian laws = = = at first, christianity did not have its own inheritance traditions distinct from judaism. with the accession of emperor constantine in 306, christians both began to distance themselves from judaism and to have influence on the law and practices of secular institutions. from the beginning, this included inheritance. the roman practice of adoption was a specific target, because it was perceived to be in conflict with the judeo - christian doctrine of primogeniture. as stephanie coontz documents in marriage, a history ( penguin, 2006 ), not only succession but the whole constellation of rights and practices that included marriage, adoption, legitimacy, consanguinity, and inheritance changed in western europe from a greco - roman model to a judeo - christian pattern, based on biblical and traditional judeo - christian principles. the transformation was essentially complete in the middle ages, although in english - speaking countries there was additional development under the influence of protestantism. even when europe became secularized and christianity faded into the background, the legal foundation christendom had laid remained. only in the era of modern jurisprudence have there been significant changes. = = = islamic laws = = = the quran introduced a number of different rights and restrictions on matters of inheritance, including general improvements to the treatment of women and family life compared to the pre - islamic societies that existed in the arabian peninsula at the time. furthermore, the quran introduced additional heirs that were not entitled to inheritance in pre - islamic times, mentioning nine relatives specifically of which six were female and three were male. however, the inheritance
preserved farmland values, and not full development values. estate exclusion. section 2031 ( c ) of the tax code provides further estate tax incentives for properties subject to a donated conservation easement. when property has a qualified conservation easement placed upon it, up to an additional 40 % of the value of land ( subject to a $ 500, 000 cap ) may be excluded from the estate when the landowner dies. this exclusion is in addition to the reduction in land value attributable to the easement itself as described above. after death easement. heirs may also receive these benefits ( but not the income tax deduction ) by electing to donate a conservation easement after the landowner's death and prior to filing the estate return ( called a " post mortem " election ). in pennsylvania, conservation restrictions on land included in the estate can reduce the inheritance tax owed. = = property tax incentives = = many states offer property tax incentives to conservation easement donors. = = issues to consider = = as is the case with any property interest, a conservation easement may be taken by eminent domain ( and thereby extinguished ) when the public value of the proposed project exceeds that of the conservation interest being protected by the easement. conservation easements may result in a significant reduction in the sale price of the land because a builder can no longer develop it. in fact, this difference in value is the basis for the granting of the original tax incentives. an estimate of 35 % β 65 % value reduction has been made on conservation easement land to the land owner. clear boundaries of adjacent properties are not always consistent with each other. currently, the nced manages this issue by snapping boundary polygons to a standard parcel layer which may differ from the original data provided by a landowner. against the background of the beneficial effects for nature provided by conservation easements, research suggests to also consider in - fee driven conservation efforts ( i. e. direct purchase of land through conservation actors ). the cost - effectiveness of either governance approach depends on various aspects such as economic and local ecological conditions, which hence need to be closely considered for the decision. = = purchase of conservation easements = = many conservation easements are purchased with funds from federal, state, and local governments, nonprofit organizations, or private donors. in these cases, landowners are paid directly for the purchase of the conservation easement. the farm bill, updated every five or more years, provides an important source of funds for conservation easement purchase. the 2014 farm bill created the agricultural conservation ease
the amount of inheritance is often far less than the value of a business initially given to the son, especially when a son takes over a thriving multimillion - dollar business, yet the daughter is given the balance of the actual inheritance amounting to far less than the value of the business that was initially given to the son. this is especially seen in old world cultures, but continues in many families to this day. arguments for eliminating forced heirship include the right to property and the merit of individual allocation of capital over government wealth confiscation and redistribution, but this does not resolve what some describe as the problem of unequal inheritance. in terms of inheritance inequality, some economists and sociologists focus on the inter generational transmission of income or wealth which is said to have a direct impact on one's mobility ( or immobility ) and class position in society. nations differ on the political structure and policy options that govern the transfer of wealth. according to the american federal government statistics compiled by mark zandi in 1985, the average us inheritance was $ 39, 000. in subsequent years, the overall amount of total annual inheritance more than doubled, reaching nearly $ 200 billion. by 2050, there will be an estimated $ 25 trillion inheritance transmitted across generations. some researchers have attributed this rise to the baby boomer generation. historically, the baby boomers were the largest influx of children conceived after ww2. for this reason, thomas shapiro suggests that this generation " is in the midst of benefiting from the greatest inheritance of wealth in history ". inherited wealth may help explain why many americans who have become rich may have had a " substantial head start ". in september 2012, according to the institute for policy studies, " over 60 percent " of the forbes richest 400 americans " grew up in substantial privilege ", and often ( but not always ) received substantial inheritances. other research has shown that many inheritances, large or small, are rapidly squandered. similarly, analysis shows that over two - thirds of high - wealth families lose their wealth within two generations, and almost 80 % of high - wealth parents " feel the next generation is not financially responsible [ and / or competent ] enough to handle inheritance ". = = = social stratification = = = it has been argued that inheritance plays a significant effect on social stratification. inheritance is an integral component of family, economic, and legal institutions, and a basic mechanism of class stratification. it also affects the distribution of wealth at the societal level. the
Answer:
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a statute prescribing the means of disposing of the property of intestate decedents does not constitute invidious discrimination.
| 0.3 |
Alice conveyed Twinoaks Farm "to Barbara, her heirs and assigns, so long as the premises are used for residential and farm purposes, then to Charles and his heirs and assigns." The jurisdiction in which Twinoaks Farm is located has adopted the common law Rule Against Perpetuities unmodified by statute. As a consequence of the conveyance, Alice's interest in Twinoaks Farm is
0. nothing.
1. a possibility of reverter.
2. a right of entry for condition broken.
3. a reversion in fee simple absolute
legal cases : sturges v bridgman ( externality : machinery vibration ), cooke v forbes ( externality : fumes from ammonium sulfate ), bryant v lejever ( externality : chimney smoke ), and bass v gregory ( externality : brewery ventilation shaft ). he then states : " in earlier sections, when dealing with the problem of rearrangement of legal rights through the market, it was argued that such a rearrangement would be made through the market whenever this would lead to an increase in the value of production. but this assumed costless market transactions. once the costs of carrying out market transactions are taken into account it is clear that such rearrangement of rights will only be undertaken when the increase in the value of production consequent upon the rearrangement is greater than the costs which would be involved in bringing it about. when it is less, the granting of an injunction ( or the knowledge that it would be granted ) or the liability to pay damages may result in an activity being discontinued ( or may prevent its being started ) which would be undertaken if market transactions were costless. in these conditions the initial delimitation of legal rights does have an effect on the efficiency with which the economic system operates. one arrangement of rights may bring about a greater value of production than any other. but unless this is the arrangement of rights established by the legal system, the costs of reaching the same result by altering and combining rights through the market may be so great that this optimal arrangement of rights, and the greater value of production which it would bring, may never be achieved. " this then becomes relevant in context of regulations. he argues against the pigovian tradition : "... the problem which we face in dealing with actions which have harmful effects is not simply one of restraining those responsible for them. what has to be decided is whether the gain from preventing the harm is greater than the loss which would be suffered elsewhere as a result of stopping the action which produces the harm. in a world in which there are costs of rearranging the rights established by the legal system, the courts, in cases relating to nuisance, are, in effect, making a decision on the economic problem and determining how resources are to be employed. it was argued that the courts are conscious of this and that they often make, although not always in a very explicit fashion, a comparison between what would be gained and what lost by preventing actions which have harmful effects. but the delimitation of rights is also the result
hypothecary debt. sometimes consumer goods and business equipment can be bought on credit agreements involving hypothecation β the goods are legally owned by the borrower, but once again the creditor can seize them if required. rehypothecation occurs when entities re - use the collateral to secure their own borrowing. for the creditor the collateral not only mitigates the credit risk but also allows refinancing more easily or at lower rates ; in an initial hypothecation contract, however, the debtor can restrict such re - use of the collateral. = = hypothec in mixed legal systems = = under a handful of mixed legal systems, the hypothec was imported as a non - possessory real security over movable property ( in opposition to the common - law chattel mortgage ). in the mixed legal systems of some other countries ( e. g. scots law, south african law ) it may cover any corporeal movables, securities or intangible assets. whereas a pledge operates by bailment and transfers possession on delivery and a chattel mortgage operates by conveyance and transfers title, a hypothec operates by hypothecation and transfers neither possession nor title. the name and the principle have passed into scotland's civil law system, which distinguishes between conventional hypothecs, as bottomry and respondentia, and tacit hypothecs established by law. of the latter the most important is the landlord's hypothec for rent ( corresponding to distress in the law of england ), which extends over the produce of the land and the cattle and sheep fed on it, and over stock and horses used in husbandry. in the us, the legal right for the creditor to take ownership of the collateral if the debtor defaults is classified as a lien. the most common form of hypothecation is a repo transaction : the creditor gives a loan to the debtor and receives in return the possession ( not the ownership ) of a financial asset until the maturity of the loan. a reverse repo is a hypothecation'in the reverse direction': creditor and debtor swap roles. when an investor asks a broker to purchase securities on margin, hypothecation can occur in two senses. first, the purchased assets can be hypothecated so that, if the investor fails to keep up credit repayments, the broker can sell
( scotland ) act 1880 ( 43 vict. c. 12 ) it was enacted that the landlord's right of hypothec for the rent of land, including the rent of any buildings thereon, exceeding two acres ( 8, 000 m2 ) in extent, let for agriculture or pasture, shall cease and determine. by the same act and by the agricultural holdings ( scotland ) act 1883 ( 46 & 47 vict. c. 62 ) other rights and remedies for rent, where the right of hypothec had ceased, were given to the landlord. under scots law, landlord's hypothec is a common law right of security enjoyed by landlords over any goods sited on the leased premises, regardless of who owns those goods. the hypothec does not secure all sums which happen to be due to the landlord, only a portion of the rent. landlord's hypothec is enforced by court proceedings known as sequestration for rent. the bankruptcy and diligence etc. ( scotland ) act 2007 ( asp 3 ) abolishes the common law diligence of sequestration for rent. the scottish executive felt that such a mechanism had no part to play in a modern enforcement system, not least because a landlord is able to use other diligences to recover unpaid rent, such as attachment sequestration for rent can now be used to sell only goods that are secured by a right known as the landlord's hypothec, which arises automatically whenever there is a qualifying lease. the act makes some changes to the hypothec, even though it is not a diligence. for example, it completes the process of abolishing the hypothec over goods in dwelling - houses that was initiated by the debt arrangement and attachment ( scotland ) act 2002 ( section 208 ( 3 ) of the 2007 act ). it also abolishes the hypothec over goods owned by a third party ( section 208 ( 4 ) ). the act also states that, notwithstanding the abolition of sequestration for rent, landlord's hypothec does continue as a right in security ( section 208 ( 2 ) ( a ) ). = = = = quebec = = = = in quebec law, the word is nevertheless used in translations as an equivalent of hypotheque, which has a much broader meaning and encompasses the common law equivalents of, inter alia, mortgages, non - possessory liens over movable
, the stranger reasoned that crusoe would actually be worse off if he did not loan of any of his possessions at all. if crusoe did not lend the stranger the buckskins in the chest, then no one would regularly air or rub them with grease, which would cause them to become hard and brittle. if crusoe did not lend the stranger his mound of wheat, then mildew, mice, and beetles would consume the wheat instead. and if crusoe did not lend the stranger his tools, then the stranger would be unable to build a shed for storing the rest of the wheat. in return for being lent all these possessions without interest, the stranger promised that he would repay the loan at the end of the three years by giving crusoe fresh buckskins, fresh wheat from the stranger's harvest, and the construction of a shed. in the first footnote, gesell also considered a different situation where there were two crusoes living on the island, instead of just one when the stranger arrives. in a situation where there were two or more loan - givers ( crusoes ) on the island before the stranger's arrival, and both of them had accumulated stores of capital, there would be a bidding war between the two crusoes to see who could win the privilege of lending their capital to the stranger, since the losing bidder would see his capital consumed by insects, rats, mold, etc. in the second footnote, gesell noted that although proudhon opposed the existence of interest, not even proudhon realized that lenders benefit even when they loan without interest ( in the absence of hoardable money ). at the end of the parable, crusoe asked the stranger what his theory of interest was. the stranger replied : the explanation [ of interest ] is simple enough. if there were a monetary system on this island and i, as a shipwrecked travelled needed a loan, i should have to apply to a money - lender for money to buy the things which you have just lent me without interest. but a money - lender has not to worry about rats moths, rust and roof - repairing, so i could not have taken up the position towards him that i have taken up towards you. the loss inseparable from the ownership of goods ( there the dog running off with one of your - or rather my - buckskins! ) is born, not by money - lenders, but by those who have to store the goods. the money
, most people would agree that it is ethically wrong to use wealth to control a situation and to β force β people into renegotiating clauses in contracts if they are unable to afford the legal bill accompanying a dispute. however, as moral relativism is subject to a one's own beliefs on what is right and wrong, some may not view using wealth as a means to control as being the wrong thing to do. in situations such as these, the β little man β usually loses out and will ultimately succumb to the power of the other party or parties. = = undue influence = = undue influence is an equitable doctrine that involves one person taking advantage of a position of power over another. the law presumes that in certain classes of relationship there will be a special risk of one party unduly influencing their conduct and motives for contracting ( undue influence 2007 ). because the court can vitiate such a contract if there is a special relationship, when no special relationship exists, the general rule is whether there was a relationship of such trust and confidence that it should give rise to such a presumption. an example of such a case is odorizzi v. bloomfield school district ca ct of app 54 ca rpt 533 [ 1964 ]. the plaintiff was under contract as a teacher. he was arrested, and the next day he allegedly was pressured by his superiors to sign and deliver his resignation. he was cleared of the criminal charges, and then he sought to be reinstated by the school district. they refused, so he sued to rescind his resignation. he claimed that his resignation should not be enforced because, among other things, he signed it under the " undue influence " of his superiors. when a party has placed their confidence and trust in another and this relationship is broken, the view of moral relativism will generally see this situation as being wrong. undue influence is usually an act of dishonesty and / or deceit in a situation where one party realizes their power over the other and takes advantage of this. deception and deceit are not viewed as being ethical values inherent in a person. = = increasing the durability of contracts = = as honeyman and wade point out, to increase the chances of β performance β of a contract ( and therefore reduce chances of a breach ), a party should enhance : entering into contracts with parties where there is already a longstanding relationship β therefore raising incentives to perform promises avoiding making contracts with cultural groups that view contracts as
Answer:
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a possibility of reverter.
| null |
Alice conveyed Twinoaks Farm "to Barbara, her heirs and assigns, so long as the premises are used for residential and farm purposes, then to Charles and his heirs and assigns." The jurisdiction in which Twinoaks Farm is located has adopted the common law Rule Against Perpetuities unmodified by statute. As a consequence of the conveyance, Alice's interest in Twinoaks Farm is
0. nothing.
1. a possibility of reverter.
2. a right of entry for condition broken.
3. a reversion in fee simple absolute
legal cases : sturges v bridgman ( externality : machinery vibration ), cooke v forbes ( externality : fumes from ammonium sulfate ), bryant v lejever ( externality : chimney smoke ), and bass v gregory ( externality : brewery ventilation shaft ). he then states : " in earlier sections, when dealing with the problem of rearrangement of legal rights through the market, it was argued that such a rearrangement would be made through the market whenever this would lead to an increase in the value of production. but this assumed costless market transactions. once the costs of carrying out market transactions are taken into account it is clear that such rearrangement of rights will only be undertaken when the increase in the value of production consequent upon the rearrangement is greater than the costs which would be involved in bringing it about. when it is less, the granting of an injunction ( or the knowledge that it would be granted ) or the liability to pay damages may result in an activity being discontinued ( or may prevent its being started ) which would be undertaken if market transactions were costless. in these conditions the initial delimitation of legal rights does have an effect on the efficiency with which the economic system operates. one arrangement of rights may bring about a greater value of production than any other. but unless this is the arrangement of rights established by the legal system, the costs of reaching the same result by altering and combining rights through the market may be so great that this optimal arrangement of rights, and the greater value of production which it would bring, may never be achieved. " this then becomes relevant in context of regulations. he argues against the pigovian tradition : "... the problem which we face in dealing with actions which have harmful effects is not simply one of restraining those responsible for them. what has to be decided is whether the gain from preventing the harm is greater than the loss which would be suffered elsewhere as a result of stopping the action which produces the harm. in a world in which there are costs of rearranging the rights established by the legal system, the courts, in cases relating to nuisance, are, in effect, making a decision on the economic problem and determining how resources are to be employed. it was argued that the courts are conscious of this and that they often make, although not always in a very explicit fashion, a comparison between what would be gained and what lost by preventing actions which have harmful effects. but the delimitation of rights is also the result
hypothecary debt. sometimes consumer goods and business equipment can be bought on credit agreements involving hypothecation β the goods are legally owned by the borrower, but once again the creditor can seize them if required. rehypothecation occurs when entities re - use the collateral to secure their own borrowing. for the creditor the collateral not only mitigates the credit risk but also allows refinancing more easily or at lower rates ; in an initial hypothecation contract, however, the debtor can restrict such re - use of the collateral. = = hypothec in mixed legal systems = = under a handful of mixed legal systems, the hypothec was imported as a non - possessory real security over movable property ( in opposition to the common - law chattel mortgage ). in the mixed legal systems of some other countries ( e. g. scots law, south african law ) it may cover any corporeal movables, securities or intangible assets. whereas a pledge operates by bailment and transfers possession on delivery and a chattel mortgage operates by conveyance and transfers title, a hypothec operates by hypothecation and transfers neither possession nor title. the name and the principle have passed into scotland's civil law system, which distinguishes between conventional hypothecs, as bottomry and respondentia, and tacit hypothecs established by law. of the latter the most important is the landlord's hypothec for rent ( corresponding to distress in the law of england ), which extends over the produce of the land and the cattle and sheep fed on it, and over stock and horses used in husbandry. in the us, the legal right for the creditor to take ownership of the collateral if the debtor defaults is classified as a lien. the most common form of hypothecation is a repo transaction : the creditor gives a loan to the debtor and receives in return the possession ( not the ownership ) of a financial asset until the maturity of the loan. a reverse repo is a hypothecation'in the reverse direction': creditor and debtor swap roles. when an investor asks a broker to purchase securities on margin, hypothecation can occur in two senses. first, the purchased assets can be hypothecated so that, if the investor fails to keep up credit repayments, the broker can sell
( scotland ) act 1880 ( 43 vict. c. 12 ) it was enacted that the landlord's right of hypothec for the rent of land, including the rent of any buildings thereon, exceeding two acres ( 8, 000 m2 ) in extent, let for agriculture or pasture, shall cease and determine. by the same act and by the agricultural holdings ( scotland ) act 1883 ( 46 & 47 vict. c. 62 ) other rights and remedies for rent, where the right of hypothec had ceased, were given to the landlord. under scots law, landlord's hypothec is a common law right of security enjoyed by landlords over any goods sited on the leased premises, regardless of who owns those goods. the hypothec does not secure all sums which happen to be due to the landlord, only a portion of the rent. landlord's hypothec is enforced by court proceedings known as sequestration for rent. the bankruptcy and diligence etc. ( scotland ) act 2007 ( asp 3 ) abolishes the common law diligence of sequestration for rent. the scottish executive felt that such a mechanism had no part to play in a modern enforcement system, not least because a landlord is able to use other diligences to recover unpaid rent, such as attachment sequestration for rent can now be used to sell only goods that are secured by a right known as the landlord's hypothec, which arises automatically whenever there is a qualifying lease. the act makes some changes to the hypothec, even though it is not a diligence. for example, it completes the process of abolishing the hypothec over goods in dwelling - houses that was initiated by the debt arrangement and attachment ( scotland ) act 2002 ( section 208 ( 3 ) of the 2007 act ). it also abolishes the hypothec over goods owned by a third party ( section 208 ( 4 ) ). the act also states that, notwithstanding the abolition of sequestration for rent, landlord's hypothec does continue as a right in security ( section 208 ( 2 ) ( a ) ). = = = = quebec = = = = in quebec law, the word is nevertheless used in translations as an equivalent of hypotheque, which has a much broader meaning and encompasses the common law equivalents of, inter alia, mortgages, non - possessory liens over movable
, the stranger reasoned that crusoe would actually be worse off if he did not loan of any of his possessions at all. if crusoe did not lend the stranger the buckskins in the chest, then no one would regularly air or rub them with grease, which would cause them to become hard and brittle. if crusoe did not lend the stranger his mound of wheat, then mildew, mice, and beetles would consume the wheat instead. and if crusoe did not lend the stranger his tools, then the stranger would be unable to build a shed for storing the rest of the wheat. in return for being lent all these possessions without interest, the stranger promised that he would repay the loan at the end of the three years by giving crusoe fresh buckskins, fresh wheat from the stranger's harvest, and the construction of a shed. in the first footnote, gesell also considered a different situation where there were two crusoes living on the island, instead of just one when the stranger arrives. in a situation where there were two or more loan - givers ( crusoes ) on the island before the stranger's arrival, and both of them had accumulated stores of capital, there would be a bidding war between the two crusoes to see who could win the privilege of lending their capital to the stranger, since the losing bidder would see his capital consumed by insects, rats, mold, etc. in the second footnote, gesell noted that although proudhon opposed the existence of interest, not even proudhon realized that lenders benefit even when they loan without interest ( in the absence of hoardable money ). at the end of the parable, crusoe asked the stranger what his theory of interest was. the stranger replied : the explanation [ of interest ] is simple enough. if there were a monetary system on this island and i, as a shipwrecked travelled needed a loan, i should have to apply to a money - lender for money to buy the things which you have just lent me without interest. but a money - lender has not to worry about rats moths, rust and roof - repairing, so i could not have taken up the position towards him that i have taken up towards you. the loss inseparable from the ownership of goods ( there the dog running off with one of your - or rather my - buckskins! ) is born, not by money - lenders, but by those who have to store the goods. the money
, most people would agree that it is ethically wrong to use wealth to control a situation and to β force β people into renegotiating clauses in contracts if they are unable to afford the legal bill accompanying a dispute. however, as moral relativism is subject to a one's own beliefs on what is right and wrong, some may not view using wealth as a means to control as being the wrong thing to do. in situations such as these, the β little man β usually loses out and will ultimately succumb to the power of the other party or parties. = = undue influence = = undue influence is an equitable doctrine that involves one person taking advantage of a position of power over another. the law presumes that in certain classes of relationship there will be a special risk of one party unduly influencing their conduct and motives for contracting ( undue influence 2007 ). because the court can vitiate such a contract if there is a special relationship, when no special relationship exists, the general rule is whether there was a relationship of such trust and confidence that it should give rise to such a presumption. an example of such a case is odorizzi v. bloomfield school district ca ct of app 54 ca rpt 533 [ 1964 ]. the plaintiff was under contract as a teacher. he was arrested, and the next day he allegedly was pressured by his superiors to sign and deliver his resignation. he was cleared of the criminal charges, and then he sought to be reinstated by the school district. they refused, so he sued to rescind his resignation. he claimed that his resignation should not be enforced because, among other things, he signed it under the " undue influence " of his superiors. when a party has placed their confidence and trust in another and this relationship is broken, the view of moral relativism will generally see this situation as being wrong. undue influence is usually an act of dishonesty and / or deceit in a situation where one party realizes their power over the other and takes advantage of this. deception and deceit are not viewed as being ethical values inherent in a person. = = increasing the durability of contracts = = as honeyman and wade point out, to increase the chances of β performance β of a contract ( and therefore reduce chances of a breach ), a party should enhance : entering into contracts with parties where there is already a longstanding relationship β therefore raising incentives to perform promises avoiding making contracts with cultural groups that view contracts as
Answer:
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nothing.
| 0.3 |
Lawnacre was conveyed to Celeste and Donald by a deed which, in the jurisdiction in which Lawnacre is situated, created a cotenancy in equal shares and with the right of survivorship. The jurisdiction has no statute directly applicable to any of the problems posed. Celeste, by deed, conveyed "my undivided onehalf interest in Lawnacre" to Paul. Celeste has since died. In an appropriate action between Paul and Donald in which title to Lawnacre is at issue, Donald will
0. prevail, because he is the sole owner of Lawnacre.
1. prevail if, but only if, the cotenancy created in Celeste and Donald was a tenancy by the entirety.
2. not prevail if he had knowledge of the conveyance prior to Celeste's death.
3. not prevail, because Paul and Donald own Lawnacre as tenants in common. 26 105. If Grower asserts a claim against Wife and Husband for damage to his plants, will Grower prevail? (A) Yes, because Wife and Husband entered on his land without permission. (B) Yes, because Grower had posted his property with a "No Trespassing" sign. (C) No, because Wife and Husband were confronted by an emergency situation. (D) No, because Grower used excessive force toward Wife and Husband. Questions 106 ΒΒ107 are based on the following fact situation. Ben was the illegitimate, unacknowledged child of Fred. Fred died intestate, leaving neither spouse nor any children other than Ben. The state's law of intestate succession provides that an unacknowledged illegitimate child may not inherit his father's property. The spouse, all other blood relations, and the state are preferred as heirs over the unacknowledged illegitimate child. Ben filed suit in an appropriate court alleging that the state statute barring an illegitimate child from sharing in a parent's estate is invalid, and that he should be declared lawful heir to his father's estate. 106. In challenging the validity of the state statute, Ben's strongest argument would be that (A) there is no rational basis for preferring as heirs collateral relatives and even the state over unacknowledged children, and therefore the law violates the equal protection clause. (B) he has been deprived of property without due process because his fundamental right to inherit has been compromised without a compelling state need. (C) it violates the privileges and immunities clause of the Fourteenth Amendment. (D) it is a denial of procedural due process because it does not give the unacknowledged illegitimate child an opportunity to prove paternity. 107. The state's strongest defense of the statute would be that (A) the authority of a state over the disposition of decedents' property located in the state is not affected by the Constitution of the United States. (B) a statute prescribing the means of disposing of the property of intestate decedents does not constitute invidious discrimination. (C) inheritance under intestate succession laws is a privilege, not a right, and therefore is not protected as property under the due process clause. (D) its interest in promoting family life and in encouraging the formal acknowledgment of paternity gives the law a rational basis. 108. Alice conveyed Twinoaks Farm "to Barbara, her heirs and assigns, so long as the premises are used for residential and farm purposes, then to Charles and his heirs and assigns." The jurisdiction in which Twinoaks Farm is located has adopted the common law Rule Against Perpetuities unmodified by statute. As a consequence of the conveyance, Alice's interest in Twinoaks Farm is (A) nothing. (B) a possibility of reverter. (C) a right of entry for condition broken. (D) a reversion in fee simple absolute. 109. Lawnacre was conveyed to Celeste and Donald by a deed which, in the jurisdiction in which Lawnacre is situated, created a cotenancy in equal shares and with the right of survivorship. The jurisdiction has no statute directly applicable to any of the problems posed. Celeste, by deed, conveyed "my undivided onehalf interest in Lawnacre" to Paul. Celeste has since died. In an appropriate action between Paul and Donald in which title to Lawnacre is at issue, Donald will (A) prevail, because he is the sole owner of Lawnacre. (B) prevail if, but only if, the cotenancy created in Celeste and Donald was a tenancy by the entirety. (C) not prevail if he had knowledge of the conveyance prior to Celeste's death. (D) not prevail, because Paul and Donald own Lawnacre as tenants in commo
can dwell as potential solution is to have co - shared communities that have partial ownership from governmental side and partial ownership from the community. ownership here refers to common use of the resource, allowing all players to plan and supervise use and mutually benefit, which ensure that power is not held in one or two hands only. since involvement of multiple stakeholders is necessary, responsibilities can be shared across them based on their abilities and capacities. = = criticism = = = = = commons in historical reality = = = the status of common land in england as mentioned in lloyd's pamphlet has been widely misunderstood. millions of acres were " common land ", but this did not mean public land open to everybody, a popular fallacy. there was no such thing as ownerless land. every parcel of " common " land had a legal owner, who was a private person or corporation. the owner was called the lord of the manor ( which, like landlord, was a legal term denoting ownership, not aristocratic status ). it was true that there were local people, called commoners, defined as those who had a legal right to use his land for some purpose of their own, typically grazing their animals. certainly their rights were strong, because the lord was not entitled to build on his own land, or fence off any part of it, unless he could prove he had left enough pasture for the commoners. but these individuals were not the general public at large : not everyone in the vicinity was a commoner. furthermore the commoners'right to graze the lord's land with their animals was restricted by law β precisely in order to prevent overgrazing. if overgrazing did nevertheless occur, which it sometimes did, it was because of incompetent or weak land management, and not because of the pressure of an unlimited right to graze, which did not exist. hence christopher rodgers said that " hardin's influential thesis on the'tragedy of the commons '... has no application to common land in england and wales. it is based on a false premise ". rodgers, professor of law at newcastle university, added : far from suffering a tragedy of the commons in hardin's sense, common land... was subject to common law principles of customary origin that promoted'sustainable management '. these were expressed through property rights, in the form of qualifications on the resource use conferred by property entitlements, and were administered by local manor courts... moreover, the administration of customary rules by the manor courts represented a wholly different
la propriete " ( 1834 ), attempted to justify the legitimacy of private property in response to the bourbon restoration. according to david hart, comte had three main points : " firstly, that interference by the state over the centuries in property ownership has had dire consequences for justice as well as for economic productivity ; secondly, that property is legitimate when it emerges in such a way as not to harm anyone ; and thirdly, that historically some, but by no means all, property which has evolved has done so legitimately, with the implication that the present distribution of property is a complex mixture of legitimately and illegitimately held titles. " comte, as proudhon later did, rejected roman legal tradition with its toleration of slavery. instead, he posited a communal " national " property consisting of non - scarce goods, such as land in ancient hunter - gatherer societies. since agriculture was so much more efficient than hunting and gathering, private property appropriated by someone for farming left remaining hunter - gatherers with more land per person and hence did not harm them. thus this type of land appropriation did not violate the lockean proviso β there was " still enough, and as good left. " later theorists would use comte's analysis in response to the socialist critique of property. = = = = pierre - joseph proudhon : property is theft = = = = in his 1840 treatise what is property?, pierre proudhon answers with " property is theft! ". in natural resources, he sees two types of property, de jure property ( legal title ) and de facto property ( physical possession ), and argues that the former is illegitimate. proudhon's conclusion is that " property, to be just and possible, must necessarily have equality for its condition. " his analysis of the product of labor upon natural resources as property ( usufruct ) is more nuanced. he asserts that land itself cannot be property, yet it should be held by individual possessors as stewards of humanity, with the product of labor being the producer's property. proudhon reasoned that any wealth gained without labor was stolen from those who labored to create that wealth. even a voluntary contract to surrender the product of work to an employer was theft, according to proudhon, since the controller of natural resources had no moral right to charge others for the use of that which he did not labor to create did not own. proudhon's theory of property greatly influenced the budding socialist movement, inspiring anarchist theorists such as mikhail
preserved farmland values, and not full development values. estate exclusion. section 2031 ( c ) of the tax code provides further estate tax incentives for properties subject to a donated conservation easement. when property has a qualified conservation easement placed upon it, up to an additional 40 % of the value of land ( subject to a $ 500, 000 cap ) may be excluded from the estate when the landowner dies. this exclusion is in addition to the reduction in land value attributable to the easement itself as described above. after death easement. heirs may also receive these benefits ( but not the income tax deduction ) by electing to donate a conservation easement after the landowner's death and prior to filing the estate return ( called a " post mortem " election ). in pennsylvania, conservation restrictions on land included in the estate can reduce the inheritance tax owed. = = property tax incentives = = many states offer property tax incentives to conservation easement donors. = = issues to consider = = as is the case with any property interest, a conservation easement may be taken by eminent domain ( and thereby extinguished ) when the public value of the proposed project exceeds that of the conservation interest being protected by the easement. conservation easements may result in a significant reduction in the sale price of the land because a builder can no longer develop it. in fact, this difference in value is the basis for the granting of the original tax incentives. an estimate of 35 % β 65 % value reduction has been made on conservation easement land to the land owner. clear boundaries of adjacent properties are not always consistent with each other. currently, the nced manages this issue by snapping boundary polygons to a standard parcel layer which may differ from the original data provided by a landowner. against the background of the beneficial effects for nature provided by conservation easements, research suggests to also consider in - fee driven conservation efforts ( i. e. direct purchase of land through conservation actors ). the cost - effectiveness of either governance approach depends on various aspects such as economic and local ecological conditions, which hence need to be closely considered for the decision. = = purchase of conservation easements = = many conservation easements are purchased with funds from federal, state, and local governments, nonprofit organizations, or private donors. in these cases, landowners are paid directly for the purchase of the conservation easement. the farm bill, updated every five or more years, provides an important source of funds for conservation easement purchase. the 2014 farm bill created the agricultural conservation ease
sites such as one in eugene, oregon, include rainwater catchment, edible landscaping, removing paved driveways, turning a garage into living space, and changing a south side patio into passive solar. vacant lot farms are community - managed farm sites, but are often seen by authorities as temporary rather than permanent. for example, los angeles'south central farm ( 1994 β 2006 ), one of the largest urban gardens in the united states, was bulldozed with approval from property owner ralph horowitz, despite community protest. the possibilities and challenges for suburban or urban permaculture vary with the built environment around the world. for example, land is used more ecologically in jaisalmer, india than in american planned cities such as los angeles : the application of universal rules regarding setbacks from roads and property lines systematically creates unused and purposeless space as an integral part of the built landscape, well beyond the classic image of the vacant lot.... because these spaces are created in accordance with a general pattern, rather than responding to any local need or desire, many if not most are underutilized, unproductive, and generally maintained as ecologically disastrous lawns by unenthusiastic owners. in this broadest understanding of wasted land, the concept is opened to reveal how our system of urban design gives rise to a ubiquitous pattern of land that, while not usually conceived as vacant, is in fact largely without ecological or social value. = = = marine systems = = = permaculture derives its origin from agriculture, although the same principles, especially its foundational ethics, can also be applied to mariculture, particularly seaweed farming. in marine permaculture, artificial upwelling of cold, deep ocean water is induced. when an attachment substrate is provided in association with such an upwelling, and kelp sporophytes are present, a kelp forest ecosystem can be established ( since kelp needs the cool temperatures and abundant dissolved macronutrients present in such an environment ). microalgae proliferate as well. marine forest habitat is beneficial for many fish species, and the kelp is a renewable resource for food, animal feed, medicines and various other commercial products. it is also a powerful tool for carbon fixation. the upwelling can be powered by renewable energy on location. vertical mixing has been reduced due to ocean stratification effects associated with climate change. reduced vertical mixing and marine heatwaves have decimated seaweed ecosystems in many areas. marine per
( scotland ) act 1880 ( 43 vict. c. 12 ) it was enacted that the landlord's right of hypothec for the rent of land, including the rent of any buildings thereon, exceeding two acres ( 8, 000 m2 ) in extent, let for agriculture or pasture, shall cease and determine. by the same act and by the agricultural holdings ( scotland ) act 1883 ( 46 & 47 vict. c. 62 ) other rights and remedies for rent, where the right of hypothec had ceased, were given to the landlord. under scots law, landlord's hypothec is a common law right of security enjoyed by landlords over any goods sited on the leased premises, regardless of who owns those goods. the hypothec does not secure all sums which happen to be due to the landlord, only a portion of the rent. landlord's hypothec is enforced by court proceedings known as sequestration for rent. the bankruptcy and diligence etc. ( scotland ) act 2007 ( asp 3 ) abolishes the common law diligence of sequestration for rent. the scottish executive felt that such a mechanism had no part to play in a modern enforcement system, not least because a landlord is able to use other diligences to recover unpaid rent, such as attachment sequestration for rent can now be used to sell only goods that are secured by a right known as the landlord's hypothec, which arises automatically whenever there is a qualifying lease. the act makes some changes to the hypothec, even though it is not a diligence. for example, it completes the process of abolishing the hypothec over goods in dwelling - houses that was initiated by the debt arrangement and attachment ( scotland ) act 2002 ( section 208 ( 3 ) of the 2007 act ). it also abolishes the hypothec over goods owned by a third party ( section 208 ( 4 ) ). the act also states that, notwithstanding the abolition of sequestration for rent, landlord's hypothec does continue as a right in security ( section 208 ( 2 ) ( a ) ). = = = = quebec = = = = in quebec law, the word is nevertheless used in translations as an equivalent of hypotheque, which has a much broader meaning and encompasses the common law equivalents of, inter alia, mortgages, non - possessory liens over movable
Answer:
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prevail if, but only if, the cotenancy created in Celeste and Donald was a tenancy by the entirety.
| null |
Lawnacre was conveyed to Celeste and Donald by a deed which, in the jurisdiction in which Lawnacre is situated, created a cotenancy in equal shares and with the right of survivorship. The jurisdiction has no statute directly applicable to any of the problems posed. Celeste, by deed, conveyed "my undivided onehalf interest in Lawnacre" to Paul. Celeste has since died. In an appropriate action between Paul and Donald in which title to Lawnacre is at issue, Donald will
0. prevail, because he is the sole owner of Lawnacre.
1. prevail if, but only if, the cotenancy created in Celeste and Donald was a tenancy by the entirety.
2. not prevail if he had knowledge of the conveyance prior to Celeste's death.
3. not prevail, because Paul and Donald own Lawnacre as tenants in common. 26 105. If Grower asserts a claim against Wife and Husband for damage to his plants, will Grower prevail? (A) Yes, because Wife and Husband entered on his land without permission. (B) Yes, because Grower had posted his property with a "No Trespassing" sign. (C) No, because Wife and Husband were confronted by an emergency situation. (D) No, because Grower used excessive force toward Wife and Husband. Questions 106 ΒΒ107 are based on the following fact situation. Ben was the illegitimate, unacknowledged child of Fred. Fred died intestate, leaving neither spouse nor any children other than Ben. The state's law of intestate succession provides that an unacknowledged illegitimate child may not inherit his father's property. The spouse, all other blood relations, and the state are preferred as heirs over the unacknowledged illegitimate child. Ben filed suit in an appropriate court alleging that the state statute barring an illegitimate child from sharing in a parent's estate is invalid, and that he should be declared lawful heir to his father's estate. 106. In challenging the validity of the state statute, Ben's strongest argument would be that (A) there is no rational basis for preferring as heirs collateral relatives and even the state over unacknowledged children, and therefore the law violates the equal protection clause. (B) he has been deprived of property without due process because his fundamental right to inherit has been compromised without a compelling state need. (C) it violates the privileges and immunities clause of the Fourteenth Amendment. (D) it is a denial of procedural due process because it does not give the unacknowledged illegitimate child an opportunity to prove paternity. 107. The state's strongest defense of the statute would be that (A) the authority of a state over the disposition of decedents' property located in the state is not affected by the Constitution of the United States. (B) a statute prescribing the means of disposing of the property of intestate decedents does not constitute invidious discrimination. (C) inheritance under intestate succession laws is a privilege, not a right, and therefore is not protected as property under the due process clause. (D) its interest in promoting family life and in encouraging the formal acknowledgment of paternity gives the law a rational basis. 108. Alice conveyed Twinoaks Farm "to Barbara, her heirs and assigns, so long as the premises are used for residential and farm purposes, then to Charles and his heirs and assigns." The jurisdiction in which Twinoaks Farm is located has adopted the common law Rule Against Perpetuities unmodified by statute. As a consequence of the conveyance, Alice's interest in Twinoaks Farm is (A) nothing. (B) a possibility of reverter. (C) a right of entry for condition broken. (D) a reversion in fee simple absolute. 109. Lawnacre was conveyed to Celeste and Donald by a deed which, in the jurisdiction in which Lawnacre is situated, created a cotenancy in equal shares and with the right of survivorship. The jurisdiction has no statute directly applicable to any of the problems posed. Celeste, by deed, conveyed "my undivided onehalf interest in Lawnacre" to Paul. Celeste has since died. In an appropriate action between Paul and Donald in which title to Lawnacre is at issue, Donald will (A) prevail, because he is the sole owner of Lawnacre. (B) prevail if, but only if, the cotenancy created in Celeste and Donald was a tenancy by the entirety. (C) not prevail if he had knowledge of the conveyance prior to Celeste's death. (D) not prevail, because Paul and Donald own Lawnacre as tenants in commo
can dwell as potential solution is to have co - shared communities that have partial ownership from governmental side and partial ownership from the community. ownership here refers to common use of the resource, allowing all players to plan and supervise use and mutually benefit, which ensure that power is not held in one or two hands only. since involvement of multiple stakeholders is necessary, responsibilities can be shared across them based on their abilities and capacities. = = criticism = = = = = commons in historical reality = = = the status of common land in england as mentioned in lloyd's pamphlet has been widely misunderstood. millions of acres were " common land ", but this did not mean public land open to everybody, a popular fallacy. there was no such thing as ownerless land. every parcel of " common " land had a legal owner, who was a private person or corporation. the owner was called the lord of the manor ( which, like landlord, was a legal term denoting ownership, not aristocratic status ). it was true that there were local people, called commoners, defined as those who had a legal right to use his land for some purpose of their own, typically grazing their animals. certainly their rights were strong, because the lord was not entitled to build on his own land, or fence off any part of it, unless he could prove he had left enough pasture for the commoners. but these individuals were not the general public at large : not everyone in the vicinity was a commoner. furthermore the commoners'right to graze the lord's land with their animals was restricted by law β precisely in order to prevent overgrazing. if overgrazing did nevertheless occur, which it sometimes did, it was because of incompetent or weak land management, and not because of the pressure of an unlimited right to graze, which did not exist. hence christopher rodgers said that " hardin's influential thesis on the'tragedy of the commons '... has no application to common land in england and wales. it is based on a false premise ". rodgers, professor of law at newcastle university, added : far from suffering a tragedy of the commons in hardin's sense, common land... was subject to common law principles of customary origin that promoted'sustainable management '. these were expressed through property rights, in the form of qualifications on the resource use conferred by property entitlements, and were administered by local manor courts... moreover, the administration of customary rules by the manor courts represented a wholly different
la propriete " ( 1834 ), attempted to justify the legitimacy of private property in response to the bourbon restoration. according to david hart, comte had three main points : " firstly, that interference by the state over the centuries in property ownership has had dire consequences for justice as well as for economic productivity ; secondly, that property is legitimate when it emerges in such a way as not to harm anyone ; and thirdly, that historically some, but by no means all, property which has evolved has done so legitimately, with the implication that the present distribution of property is a complex mixture of legitimately and illegitimately held titles. " comte, as proudhon later did, rejected roman legal tradition with its toleration of slavery. instead, he posited a communal " national " property consisting of non - scarce goods, such as land in ancient hunter - gatherer societies. since agriculture was so much more efficient than hunting and gathering, private property appropriated by someone for farming left remaining hunter - gatherers with more land per person and hence did not harm them. thus this type of land appropriation did not violate the lockean proviso β there was " still enough, and as good left. " later theorists would use comte's analysis in response to the socialist critique of property. = = = = pierre - joseph proudhon : property is theft = = = = in his 1840 treatise what is property?, pierre proudhon answers with " property is theft! ". in natural resources, he sees two types of property, de jure property ( legal title ) and de facto property ( physical possession ), and argues that the former is illegitimate. proudhon's conclusion is that " property, to be just and possible, must necessarily have equality for its condition. " his analysis of the product of labor upon natural resources as property ( usufruct ) is more nuanced. he asserts that land itself cannot be property, yet it should be held by individual possessors as stewards of humanity, with the product of labor being the producer's property. proudhon reasoned that any wealth gained without labor was stolen from those who labored to create that wealth. even a voluntary contract to surrender the product of work to an employer was theft, according to proudhon, since the controller of natural resources had no moral right to charge others for the use of that which he did not labor to create did not own. proudhon's theory of property greatly influenced the budding socialist movement, inspiring anarchist theorists such as mikhail
preserved farmland values, and not full development values. estate exclusion. section 2031 ( c ) of the tax code provides further estate tax incentives for properties subject to a donated conservation easement. when property has a qualified conservation easement placed upon it, up to an additional 40 % of the value of land ( subject to a $ 500, 000 cap ) may be excluded from the estate when the landowner dies. this exclusion is in addition to the reduction in land value attributable to the easement itself as described above. after death easement. heirs may also receive these benefits ( but not the income tax deduction ) by electing to donate a conservation easement after the landowner's death and prior to filing the estate return ( called a " post mortem " election ). in pennsylvania, conservation restrictions on land included in the estate can reduce the inheritance tax owed. = = property tax incentives = = many states offer property tax incentives to conservation easement donors. = = issues to consider = = as is the case with any property interest, a conservation easement may be taken by eminent domain ( and thereby extinguished ) when the public value of the proposed project exceeds that of the conservation interest being protected by the easement. conservation easements may result in a significant reduction in the sale price of the land because a builder can no longer develop it. in fact, this difference in value is the basis for the granting of the original tax incentives. an estimate of 35 % β 65 % value reduction has been made on conservation easement land to the land owner. clear boundaries of adjacent properties are not always consistent with each other. currently, the nced manages this issue by snapping boundary polygons to a standard parcel layer which may differ from the original data provided by a landowner. against the background of the beneficial effects for nature provided by conservation easements, research suggests to also consider in - fee driven conservation efforts ( i. e. direct purchase of land through conservation actors ). the cost - effectiveness of either governance approach depends on various aspects such as economic and local ecological conditions, which hence need to be closely considered for the decision. = = purchase of conservation easements = = many conservation easements are purchased with funds from federal, state, and local governments, nonprofit organizations, or private donors. in these cases, landowners are paid directly for the purchase of the conservation easement. the farm bill, updated every five or more years, provides an important source of funds for conservation easement purchase. the 2014 farm bill created the agricultural conservation ease
sites such as one in eugene, oregon, include rainwater catchment, edible landscaping, removing paved driveways, turning a garage into living space, and changing a south side patio into passive solar. vacant lot farms are community - managed farm sites, but are often seen by authorities as temporary rather than permanent. for example, los angeles'south central farm ( 1994 β 2006 ), one of the largest urban gardens in the united states, was bulldozed with approval from property owner ralph horowitz, despite community protest. the possibilities and challenges for suburban or urban permaculture vary with the built environment around the world. for example, land is used more ecologically in jaisalmer, india than in american planned cities such as los angeles : the application of universal rules regarding setbacks from roads and property lines systematically creates unused and purposeless space as an integral part of the built landscape, well beyond the classic image of the vacant lot.... because these spaces are created in accordance with a general pattern, rather than responding to any local need or desire, many if not most are underutilized, unproductive, and generally maintained as ecologically disastrous lawns by unenthusiastic owners. in this broadest understanding of wasted land, the concept is opened to reveal how our system of urban design gives rise to a ubiquitous pattern of land that, while not usually conceived as vacant, is in fact largely without ecological or social value. = = = marine systems = = = permaculture derives its origin from agriculture, although the same principles, especially its foundational ethics, can also be applied to mariculture, particularly seaweed farming. in marine permaculture, artificial upwelling of cold, deep ocean water is induced. when an attachment substrate is provided in association with such an upwelling, and kelp sporophytes are present, a kelp forest ecosystem can be established ( since kelp needs the cool temperatures and abundant dissolved macronutrients present in such an environment ). microalgae proliferate as well. marine forest habitat is beneficial for many fish species, and the kelp is a renewable resource for food, animal feed, medicines and various other commercial products. it is also a powerful tool for carbon fixation. the upwelling can be powered by renewable energy on location. vertical mixing has been reduced due to ocean stratification effects associated with climate change. reduced vertical mixing and marine heatwaves have decimated seaweed ecosystems in many areas. marine per
( scotland ) act 1880 ( 43 vict. c. 12 ) it was enacted that the landlord's right of hypothec for the rent of land, including the rent of any buildings thereon, exceeding two acres ( 8, 000 m2 ) in extent, let for agriculture or pasture, shall cease and determine. by the same act and by the agricultural holdings ( scotland ) act 1883 ( 46 & 47 vict. c. 62 ) other rights and remedies for rent, where the right of hypothec had ceased, were given to the landlord. under scots law, landlord's hypothec is a common law right of security enjoyed by landlords over any goods sited on the leased premises, regardless of who owns those goods. the hypothec does not secure all sums which happen to be due to the landlord, only a portion of the rent. landlord's hypothec is enforced by court proceedings known as sequestration for rent. the bankruptcy and diligence etc. ( scotland ) act 2007 ( asp 3 ) abolishes the common law diligence of sequestration for rent. the scottish executive felt that such a mechanism had no part to play in a modern enforcement system, not least because a landlord is able to use other diligences to recover unpaid rent, such as attachment sequestration for rent can now be used to sell only goods that are secured by a right known as the landlord's hypothec, which arises automatically whenever there is a qualifying lease. the act makes some changes to the hypothec, even though it is not a diligence. for example, it completes the process of abolishing the hypothec over goods in dwelling - houses that was initiated by the debt arrangement and attachment ( scotland ) act 2002 ( section 208 ( 3 ) of the 2007 act ). it also abolishes the hypothec over goods owned by a third party ( section 208 ( 4 ) ). the act also states that, notwithstanding the abolition of sequestration for rent, landlord's hypothec does continue as a right in security ( section 208 ( 2 ) ( a ) ). = = = = quebec = = = = in quebec law, the word is nevertheless used in translations as an equivalent of hypotheque, which has a much broader meaning and encompasses the common law equivalents of, inter alia, mortgages, non - possessory liens over movable
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not prevail if he had knowledge of the conveyance prior to Celeste's death.
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