Wednesday, October 30, 2019

Executive Risk Assessment and PowerPoint Presentation (ERAP) Active Essay

Executive Risk Assessment and PowerPoint Presentation (ERAP) Active Shooter Norfolk Naval Base Norfolk, Virginia - Essay Example This research paper sought to present executive risk assessment of a fatal shooting that took place at the Gallery at Military Circle Mall. In particular, the paper carefully examined how the Norfolk Police responded to the active shooting that occurred at the mall where one man succumbed to death two days after being shot on the leg. The paper found out that the Norfolk police were adequately prepared, responded to the shooting in good time and provided first aid to the injured man. The paper provide a broad range of recommendations that can be employed by Norfolk police in order to boost their preparedness, response and rescue process in case a similar active shooting happens in the nearest future. In February 2014, a shooting took place at the Gallery at Military Circle Mall. The incidence occurred on Friday afternoon at around 1.00 p.m. The shooting was ignited by an argument that took place between several men inside the Military Circle Mall (West, 2014). It was reported that one of the gunmen involved in the argument took out his gun and shot another man on the leg. The injured man, Mr. Nottingham Johnnie, 21, was transported to Sentara Norfolk General Hospital and his injury was considered non-life threatening and was later released. Unfortunately, Nottingham Johnnie died from gun injuries two days later. Soon after the police were informed of the shooting, they arrived at the scene of the crime at around 1.10 p.m. but the main suspect had already left. The police positioned themselves at every entrance of the mall in order to reduce more traffic going to the mall. They also closed the nearby street and started searching around the area to look for suspects (West, 2014). The police made sure that there was no any other shooter still roaming the mall. The police apprehended several suspects. In addition, the police conducted photo line-ups and interviewed several witnesses in a bid to figure out what happened. The Norfolk police immediately started a

Monday, October 28, 2019

Understandings of Jesus Essay Example for Free

Understandings of Jesus Essay There are probably as many understandings of Jesus as there are people who write, think or speak about him. If there was one historical Jesus, we approach that Jesus through four gospels, which suggests that even without including other gospels (so called non-canonical) Christians accept some diversity of images of Jesus. One Jesus of history produced many Christs of faith. Inside and outside Christian tradition, people bring their own agendas, influenced by culture, politics, social circumstances and even sexual orientation, to what they read. Marxists see a radical Jesus who challenged the status quo. Some see a sexually libertine Jesus, some a homosexual Jesus, some a feminist Jesus, some think that Jesus was preoccupied with the end of the world, others that he had no concern about this. Some argue that Jesus taught a social ethic, others that he was only interested in saving souls for life in a future realm. Some argue that Jesus intended to lead an armed revolt against Rome. Others say that he was a pacifist. Some say that he was a good Jew who never claimed to be God, whose teaching had much in common with the Pharisees. Others argue that Jesus roundly condemned the Pharisees (Bennett, 9 –10). Pelikan’s book Jesus Through the Centuries: His Place in the History of Culture presents eighteen images of Jesus. He asks what it was that each â€Å"age brought to its portrayal of† Jesus? (Pelikan, 2) Language was an early reason why understandings of Jesus changed, due to cultural and historical context. Among the early Christians, the idea that a Messiah was expected who would usher in an era of peace or liberate Palestine from Roman rule had meaning. However, while Jews or some Jews were waiting for one or more Messiahs, Greeks and Romans had no such expectation. The Gospels were written in Greek, although Jesus had spoken Aramaic and Hebrew, so a process of translation took place. All those who think about Jesus subsequent to the first generation of those who knew him must view him through translation. The Hebrew word for Messiah was translated as â€Å"Christ† (anointed). However, this word did not carry any special religious significance for Greek speakers, so soon came to be used as a â€Å"name†, as Bennett writes, â€Å"The Greek word ‘Christ’ became rather like a modern family name: ‘Jesus Christ’ as in ‘Clinton Bennett’† (74). Christians often think that they know what Messiah means and are surprised to learn that Jews did not have a single concept but several concepts of Messiah and that Jesus did not meet any of their expectations. Here, from the perspective of Jewish identity and tradition, Jesus fails to fulfill any of the criteria for being Messiah. Subsequently, Christian thought did not spend much time clarifying Jesus’ Messianic status but focused on how he could be understood as God, or as God’s son. Cultural differences between what emerged as the Western Catholic Church and the Eastern Orthodox Church also impacted on doctrine. All Christians recognized Jesus as savior of the world but how did Jesus save? Here, the West focuses on Jesus’ death, seeing this as a substitution or sacrifice for the sins of humanity. This is predicated on the idea that all people are sinners. In Orthodoxy, salvation is more closely linked with the beginning, not end, of Jesus’ life. Timothy Ware writes, â€Å"Where Orthodoxy sees chiefly Christ the Victor, the late medieval and post-medieval West sees chiefly Christ the Victim† (229). Orthodox thought sees the incarnation, God taking on human form, sanctifying the whole of creation as a victory. This reunited humanity with God, â€Å"by uniting humankind and God in His own person,† Jesus reopened for us humans the path to union with God† (225). Ware says that unlike the Western church, the Eastern argued that â€Å"after the Fall† humans â€Å"still possessed free will and were still capable of good action† (225) thus doing what Jesus did takes priority over believing certain doctrines about him. East and West possess the same gospels but emphasize different aspects of Jesus’ life. They then formulated different views of the atonement. One Jesus lies behind these understandings but cultural context results in differences. The fact that the East survived the collapse of the Roman Empire much longer may have encouraged the idea of â€Å"victory†, of a Christ who ruled through the Emperor from the new, Christian city of Constantinople. Rome’s fall in the West, followed by division and rivalry, may have encouraged a view of Jesus as a victim. When Christian missionaries began to preach across the globe, they often took with them a picture of Jesus that had become domesticated within European culture. Jesus was a Mediterranean Jew, so was almost certainly dark, not light-skinned but became a blue-eyed, blond-haired European. Taken to an extreme, some Germans argued that Jesus was not Jewish but of European decent (see Bennett, 255). Racist lenses, applied to reading the Gospels, transformed Jesus into a European. This Jesus, though, was unappealing to many who heard the Gospel. In Africa, new images or ways of seeing Jesus made more sense than some traditional understandings. If â€Å"Messiah† carried little meaning when translated from the Hebrew into the Greek context, fewer Biblical titles carried meaning into the African context. Thus, while theology in Europe concentrated on Jesus’ son-ship, on relations within the Trinity, on whether Jesus’ had one or two natures, Africans found â€Å"images of Jesus as healer, ancestor or as chief more relevant and meaningful† just as they asserted that Jesus could speak to them through their prophets and prophetesses (Bennett, 182). Schreite’s Faces of Jesus in Africa shows how African culture has influenced how Jesus is understood. In Asia, it was Jesus as the â€Å"only way† to God that attracted censure. Hindus and Buddhists saw Jesus as divine, as a manifestation of God (an avatar), as a savior but not as the one and only savior. Is â€Å"avatar† acceptable as a translation of John’s â€Å"became flesh†? Keshub Chunder Sen set up his Church of the New Dispensation. He looked to Jesus as a â€Å"fully self-realized man† so said that to â€Å"worship Jesus was to worship humanity† (Bennett, 330). With others, he believed that a single universal religion would emerge which would adapt culturally to different contexts. In India, that religion would â€Å"wear Hindu dress†. Pictorial images of Jesus as a yogi have been produced in India; the Trinity has been depicted as the Hindu trimurti images of Brahma (creator), Vishnu (preserver) and Shiva (destroyer), clothing Jesus with Hindu dress. Buddhists have described Jesus as a Bodhisattva, and have pictured him in Buddhist iconography. Others insist on the blackness of Jesus, arguing that the Christian God became the God of slavery and oppression, so until whites hate their whiteness and embrace blackness, they fail to achieve full humanity. Cone writes, â€Å"What must I do to be saved? Blackness and salvation are synonymous† thus supplying a different answer to the same question than either the classical Catholic or Orthodox responses. Cone’s emphasis on Jesus’ blackness is determined by his identity and cultural context. The kingdom Jesus preached is found wherever people suffer and die from want of dignity, says Cone. Language and context, including political context (are we oppressors or oppressed) contribute to how we understand Jesus. I agree with Bennett that all images need to be tested against what can plausibly be affirmed of the Jesus about whom we read, albeit usually in translation, in the gospels. I am reluctant to insist that my Jesus must be everyone’s Jesus, leaving Jesus free to meet different human needs. Jesus is not mine to control, or to limit to my particular perceptions and experience. Bennett, Clinton. 2001. In Search of Jesus: Insider and outsider images. London: Continuum. Cone, James H. 1986. A Black Theology of Liberation. Maryknoll, NY: Orbis. Pelikan, Jarasov. 1985. Jesus through the Centuries: His place in the history of culture. NY: Harper Row. Schreiter, Robert. 1991. Faces of Jesus in Africa. Maryknoll, NY: Orbis. Ware, Timothy. 1993. The Orthodox Church. NY: Penguin.

Saturday, October 26, 2019

Lucy montgomery :: essays research papers

Lucy Maud Mntgomery The author of the famous Canadian novel ‘ ANNE OF GREEN GABLES’, Lucy Maud Montgomery was born in Clifton (now New London), Prince Edward Island, 30th November, 1874. When she was two, her mother died of tuberculosis. Her father, who was a merchant, remarried, and moved away. Montgomery was raised by her maternal grandparents in Cavendish. The place was isolated and her childhood was not particularly happy: she grew up in an atmosphere of strict discipline and punishment for the slightest reason. She joined her father briefly in Prince Albert, but they soon returned to Prince Edward Island. At an early age Montgomery read widely. She started to write in school and had her first poem published in a local paper at the age of fifteen. In 1895 Montgomery qualified for a teacher’s license at Prince Wales College, Charlottetown. During the 1890’s she worked as a teacher in Bideford and at Lower Bedeque, both on Prince Edward Island. From 1895 to 1896, Montgomery studied literature at Dalhousie University, Halifax. She returned to Cavendish to take care of her grandmother and worked at a local post office. On July 5th, 1911after her grandmother died, Montgomery married the Reverend Ewan MacDonald, to whom she had been secretly engaged since 1906. Prior to her engagement to Macdonald, she had two romantic involvements: an unhappy engagement to her third cousin Edwin Simpson, of Belmont, and a brief but passionate romantic attachment to Herman Leard, of Lower Bedeque. After their marriage, Montgomery and Macdonald moved to Leaskdale, Ontario, where Macdonald was Minister in the Presbyterian Church. She bore three sons, Chester (1912), Hugh (stillborn in 1914), and Stuart (1915). She assisted her husband in his pastoral duties, ran their home, and continued to write best-selling novels as well as short stories and poems. She faithfully recorded entries in her journals and kept up an enormous correspondence with frie nds, family and fans. Maud Montgomery Macdonald did not live on Prince Edward Island again, returning only for vacations. While caring for her grandmother, she wrote the first book of the Anne series. It drew on her girlhood experiences. The idea was based on a notebook entry from 1904, â€Å"Elderly couple applies to orphan asylum for a boy. By mistake a girl is sent to them.† Anne of Green Gables was the story of a talkative, red-haired orphan, Anne Shirley. She had big green-grey eyes and a narrow, freckled face. Lucy montgomery :: essays research papers Lucy Maud Mntgomery The author of the famous Canadian novel ‘ ANNE OF GREEN GABLES’, Lucy Maud Montgomery was born in Clifton (now New London), Prince Edward Island, 30th November, 1874. When she was two, her mother died of tuberculosis. Her father, who was a merchant, remarried, and moved away. Montgomery was raised by her maternal grandparents in Cavendish. The place was isolated and her childhood was not particularly happy: she grew up in an atmosphere of strict discipline and punishment for the slightest reason. She joined her father briefly in Prince Albert, but they soon returned to Prince Edward Island. At an early age Montgomery read widely. She started to write in school and had her first poem published in a local paper at the age of fifteen. In 1895 Montgomery qualified for a teacher’s license at Prince Wales College, Charlottetown. During the 1890’s she worked as a teacher in Bideford and at Lower Bedeque, both on Prince Edward Island. From 1895 to 1896, Montgomery studied literature at Dalhousie University, Halifax. She returned to Cavendish to take care of her grandmother and worked at a local post office. On July 5th, 1911after her grandmother died, Montgomery married the Reverend Ewan MacDonald, to whom she had been secretly engaged since 1906. Prior to her engagement to Macdonald, she had two romantic involvements: an unhappy engagement to her third cousin Edwin Simpson, of Belmont, and a brief but passionate romantic attachment to Herman Leard, of Lower Bedeque. After their marriage, Montgomery and Macdonald moved to Leaskdale, Ontario, where Macdonald was Minister in the Presbyterian Church. She bore three sons, Chester (1912), Hugh (stillborn in 1914), and Stuart (1915). She assisted her husband in his pastoral duties, ran their home, and continued to write best-selling novels as well as short stories and poems. She faithfully recorded entries in her journals and kept up an enormous correspondence with frie nds, family and fans. Maud Montgomery Macdonald did not live on Prince Edward Island again, returning only for vacations. While caring for her grandmother, she wrote the first book of the Anne series. It drew on her girlhood experiences. The idea was based on a notebook entry from 1904, â€Å"Elderly couple applies to orphan asylum for a boy. By mistake a girl is sent to them.† Anne of Green Gables was the story of a talkative, red-haired orphan, Anne Shirley. She had big green-grey eyes and a narrow, freckled face.

Thursday, October 24, 2019

Where I Lived, and What I Lived for

In the â€Å"Where I Lived, and What I Lived for† chapter of Walden, Thoreau emphasized that people need to make life simple and slow because it eventually helps you know your real goal and realize the true meaning of life. He begins with his own story –he imagines that he works at farms as a farmer and he cares for seeds in succession. He thinks his farms will bring happiness because all sessions for cultivation are naturally accomplished. However, his imagination ends up with his real financial situation.He wants to buy farms not minding his profit margin but enjoying his time with seeds. However, the owner turns down his proposal because his reason was hardly accepted in modern times where people give importance to wealth. After this experience living in a house in the woods, he feels a natural spirit and he glorifies the beauty of nature. He developed his feeling for nature after he realizes that people should be awakened –â€Å"[They] must learn to reawaken and keep [them] selves awake, not by mechanical aids, but by an infinite expectation of the dawn†.He also came to know why people are so busy and why they work as hard as â€Å"ants† It is because people seem to set count on economical value but people do not know what they really want. According to his examples, there is a railroad which can effectively reduce time between places. At the same time, we could lose our landscape to see. So, he describes a railroad that â€Å"We do not ride on the railroad; it rides upon us†. Therefore, he criticizes that â€Å"fast† seems to be effective but it brings wrong judgment and lose our opportunity.He mentions that our society is pressured to â€Å"hurry† for our life to be successful. However, he thinks that our society now is complicated and dangerous because we do not have ideas of â€Å"slow† and â€Å"simple† to reflect ourselves. All in all, he states that we need time to be â€Å"slowâ €  and â€Å"simple† for our clever intelligent life. This is his obvious viewpoints – â€Å"Let us spend one day as deliberately as Nature, and not be thrown off the track†.

Wednesday, October 23, 2019

Interpreter of Maladies Essay

Throughout life, people are faced with many obstacles, but one of the main things for people to do is adapt to the obstacles and learn how to move through and around them. Individuals have to change in order to adapt to the life around them, but there are times when it is too difficult for some to change. Some may experience immense trauma and find it difficult to move on from things whilst others find it hard to come to terms with new life. No matter what people are forced to do things that they may not want to do, but they have to choose whether to adapt to these changes, or suffer the consequences. Being able to adapt in life is an important skill as people are faced with having to change daily. However, some individuals do not have the skills required to adapt, or they have been through traumatic experiences that inhibit that ability to adapt. Shoba and Shukumar in the story â€Å"A Temporary Matter† are faced with a horrific ordeal which forces them to adapt to new life, this however, does not turn out the way they had planned and they eventually split up from not being able to fully adapt and accept the changes â€Å"they’d been through enough† and Shoba â€Å"needed some time alone†, their relationship eventually dissolves. A similar thing happened to Mrs Sen in â€Å"Mrs Sen’s. † She was forced to adapt to a new country and learn their way of life, this although, proves to be too difficult for Mrs Sen as she was unable to successfully learn how to drive â€Å"I hate it. I hate driving. I won’t go on. † Mrs Sen just ends up frustrated and defeated. Her main challenge was her inability to adapt to a new culture as she was living in her past, constantly trying to mix the two cultures together. This turns out unsuccessful as well as she finds people in her new home, treat her as if she was strange, â€Å"an old woman on the bus kept watching them† the people around Mrs Sen felt uncomfortable at times which made it even more difficult for Mrs Sen to adapt and change to the new community and life around her. Mrs Sen chooses to retreat into her past, something that she is comfortable and familiar with, â€Å"she pulled the blade out of the cupboard, spread newspapers across the carpet, and inspected her treasures. † The fish to her is safe and brings her back to ‘better times’ in her life, when she was happy. In some ways, people are better at some things than others, adaptability is one. In â€Å"This Blessed House† Sanjeev had to adapt to the situation he was faced with; either taking away the religious icons and upsetting his wife, or putting up with them, just so he could please her. Although Sanjeev was able to accept Twinkles fascination with the icons in the end and let her indulge herself with keeping them around the house â€Å"for the rest of their days together she would keep it on the mantel†, he had a hard time coming to terms with it. People tend to struggle with new challenges, but some are able to overcome that struggle, such as Sanjeev. This idea is also borne out by â€Å"The Third and Final Continent† as the narrator in the story struggles with the changes in his life when he first moves, but he eventually learns a routine and adapts choosing to use the same pattern over and over again as it becomes safe and familiar, he ate â€Å"cornflakes and milk, morning and night† which was easy for him. When moving into Mrs Croft’s house, he had to adapt again, learning her environment and how things worked in her house, â€Å"fasten the chain and firmly press that button on the knob! This is the first thing you will do when you enter. † He not only had to adapt to his external environment but his internal environment as well. Mrs Croft would always expect the same from him whenever they spoke, always waiting for him to respond with â€Å"Splendid! † after her remarks. An ongoing quality for the narrator in â€Å"The Third and Final Continent† is that he had to adapt to many things, including an arranged marriage. He had to adapt to a new person coming into his life and living with him for the rest of his life. This was substantiated to be difficult at first, but soon grew on him â€Å"for the first time, we looked at each other and smiled†, he welcomed her company in the end and truly loved her. If he was unable to adapt, this would not be the case. In a similar way, Miranda had many obstacles to adapt to as well. She was challenged when starting a relationship with Dev, as she had never had a physical relationship with a married man before. She struggles with this for a little while when his wife comes back, as it seems wrong when then wife is home, but she learns to adapt to not being able to go out with Dev and only being able to stay inside with him from fear of his wife seeing them. But, in the end Miranda had to adapt to a life without Dev. We are left with the thought that she is ble to move on and change into a better person as she â€Å"walked past the restaurants where Dev had kissed her,† and gazed at the â€Å"clear-blue sky,† proving to us the she has moved on from a life with Dev. In most people’s realities, they are able to pick themselves up and adapt to new changes, but there are also those rare people who struggle to do just that and it is too difficult to try and change. These people are forced to deal with other challenges in their life that they will e ventually learn to overcome. In Lahiri’s stories, she shows us that in order to succeed individuals need to be adaptable.

Tuesday, October 22, 2019

Limited liability company Essays

Limited liability company Essays Limited liability company Paper Limited liability company Paper 1. Tortfeasor is the term for a person who commits a tort True 2. Proximate cause exists when injuries sustained were too remotely connected to an incident to trigger liability False 3. Bona fide competitive behavior can constitute wrongful interference with a contractual relationship False 4. An ordinary person standard determines whether allegedly negligent conduct resulted in a breach of a duty of care False 5. Hilliard, a clerk at a Games Unlimited store, takes a video player from the store without permission. Hilliard is liable for Conversion 6. Clem, a Delite Dairy salesperson, follows Edna, a salesperson for a Festive Foods, a Delite competitor, as Edna visits stores to make sales. Clem solicits each of edna’s customers. Clem is most likely liable for Wrongful interference with a business relationship 7. Levon leaves his truck at Makeright Vehicle Shop for repair. When Levon refuses to pay for the work, makeRight refuses to give him possession of the truck. Makeright has committed Trespass to personal property 8. A Rhode Island state imposes fines on tire repair business whose pneumatic equipment does not include automatic shut-off switches to protect employees. Bob’s Brakes Tires, Inc. , does not have the switches on its equipment. Center, a Bob’s employee, suffers an injury that a shut-off switch would have prevented. Carter’s best theory for recovery is Negligence per se 9. Under the theory of negligence, a breach of the duty of care requires a careless act False 10. Causation in fact exist if an injury would not have occurred without the defendant’s act True 11. A defense available in an action based on a negligence theory is that the plaintiff failed to prove one or more of the required elements True 12. An individual’s right to privacy includes the exclusive use of his or her likeness True 13. A superseding cause is an intervening event that imposes liability on a defendant for injuries caused by the intervening event False 14. Great Tans, Inc. , uses, in its radio ads, a recording by Holly, who owns the rights, without paying for the use. Over time, the song comes to be associated with great Tans. In Holly’s suit against Great Tans, the firm is most likely liable for Appropriation 15. In many states, the plaintiff’s negligence is a defense that may be raised in a negligence suit True. 16. Nesbit publishes in a newspaper an account of the sex life of Merinda, who is not a public figure. The information is true. This is most likely An invasion of privacy 17. Only a foreseeable intervening event can break the connection between a wrongful act and an injury to another False 18. Self-defense is a defense to a charge of assault True 19. An artisan’s lien is a defense to a charge of trespass to personal property True 20. A person assumes all risks associated with any activity in which he or she participates False 21. Strict liability is imposed based on fault False. 22. To avoid strict product liability, a manufacturer must make a product entirely safe for all users False 23. Green Glass Corporation makes glass bottles for food and beverage makers to package their products for wholesale distribution and retail sale. Liability may be imposed on Green Glass based on A manufacturing defect 24. Misrepresentation on a label is not enough to show an intent to induce the reliance of anyone who may use the product False 25. Horizon Corporation makes cell phones. Ginvera files a product liability suit against Horizon, alleging a design defect. Under the Restatement (third) of torts: products liability, in deciding whether to hold Horizon liable, the court may consider the reasonableness of An available alternative design 26. Toyoda company buys gas pedals and other parts from subcontractors and puts them in its vehicles without changing their composition. If the pedals of other parts are defective, strictly liable for any damage caused by the defects are Toyoda and the subcontractors 27. Farm Equip, Inc. , makes farming machinery. Gail discovers that her Farm Equip tractor is defective and sues the maker for product liability based on negligence. To win, Gail must show that Gail suffered an injury caused by the defect 28. Medic Equip, Inc. , makes medical devices. Naomi is injured while using a Medic pacemaker and sues the maker for a product liability based on strict liability. To win, Naomi must show that None of the choices 29. GR8 skates Company makes and sells a pair of skates to Homer. GR8 fails to exercise â€Å"due care† to make the skates safe, and homer is injured as a result. GR8 is most likely for Negligence 30. A manufacture’s duty of care does not extend to the inspection and testing of products bought to incorporate on the final product False 31. An action in strict product liability requires that the defendant fail to exercise reasonable care True 32. Stable Tool Company makes hedge trimmers. Troy is injured while using a Stable trimmer and uses the company for product liability based on negligence. To win, Troy must show that Stable did not use due care with respect to the trimmer 33. A seller must warn those who buy a product of harm that could result from the foreseeable misuse of the product True 34. The basis for applying strict liability is an intentional wrongful act False 35. Universal assembly company makes espresso machines and sells one to Vim through a misrepresentation on the label on which Vim relies and that results in an injury to Vim. Universal is most likely liable for Fraud 36. Rhiana is shopping in Seth’s Food Store when a bottle of truly Bubbly Cola explodes, injuring her. Rhiana files a suit against Truly Bubbly, from whom she can recover only if she can show that she Was injured due to a defect in the product 37. A person who keeps a domestic animal may be strictly liable for any harm that the animal inflicts True 38. Due care must be exercised in designing a product True 39. Sellers or lessors are liable only for products that are reasonably dangerous False 40. Ketchen Kutters Corporation (KKC) makes kitchen knives and other consumer products. KKC could be liable for a design defect if there is a foreseeable risk of harm posed by a product and There is a reasonable alternative design Chapter 15-16 1. The holder of an artisan’s lien can foreclosure and sell the property subject to the lien to satisfy the debt True 2. Tippi believes that she needs to obtain a discharge in bankruptcy through an individual’s repayment plan. This proceeding can be initiated by a filing of a petition by A debtor 3. Any â€Å"person† may be a debtor in a liquidation proceeding. False 4. Francie’s debt to Gage is past due. Gage brings a legal action against Francie to collect the debt. To ensure that a judgment in Gage’s favor will be collectable, Gage asks the court to order the seizure of Francie’s property. This is a request for A writ of attachment 5. Ping’s debt to Oak Furniture Warehouse is past due. Oak obtains a judgment against Ping, but Ping refuses to pay it. Oak asks the court for an order that directs the sheriff to seize ad sell any of Ping’s nonexempt real or personal property that is within the court’s geographic jurisdiction. This is a request for A writ of execution 6. Mary’s home is in a state that has a $30,000 homestead exemption. Mary defaults on a $60,000 debt that she owes to Nina. Mary’s home is sold at auction for $80,000. Refer to Fact Pattern 15-2B. If Nina recovers less than she is owed, she can realize the difference form Only nonexempt property that Mary owns 7. If a creditor obtains a judgment against a debtor an the debtor cannot or will not pay the judgment, the dispute is at an end False 8. Teona files a voluntary petition in bankruptcy for relief through a liquidation. Debts that will not be discharged include claims for Domestic-support obligations 9. If a debtor’s income is below the median income, there is a presumption of bankruptcy abuse False 10. Certain liquidation cases may be converted to repayment plan cases with the consent of the debtor True 11. To adjust debt an institute a repayment plan, Charlie-who is not a corporation, a partnership, or a family farmer or fisherman-may file a petition in bankruptcy for relief through A repayment plan 12. One of the primary effects of a discharge is to relieve the liability of a co-debtor False 13. In a repayment plan case, after the debtor has completed all payments, the court grant a discharge of all debts provided for by the plan True 14. Bartleby owns $5000 to Countryside Credit Union. As a prejudgment remedy to collect the debt, countryside could use Attachment 15. The content of a family-fisherman bankruptcy plan is basically the same as that of a repayment plan True 16. Hasty Pastries declares bankruptcy, idling Hasty’s delivery vehicles. The court can compel Hasty to make periodic cash payments to a creditor with a secured interest in the vehicles to offset the depreciation in their value. This is The adequate protection doctrine 17. Wilbur files a petition in bankruptcy for relief through an individual’s repayment plan. Wilbur is granted a discharge. Debts that will not be discharged include claims for Fraudulently incurred debt 18. Personal property that is most often exempt from satisfaction of judgment debts does not include livestock False 19. Flip’s debt to George is past due. George brings a legal action against Flip to collect the debt. George asks the court to order Home Bank, in which Flip has an account, to pay a portion of the funds to George. This is a request for An order of garnishment 20. Each state permits a debtor to retain the family home, in its entirely or in part, free from the claims of unsecured creditors True 21. A lender’s failure to comply with federal mortgage disclosure requirements extends the borrower’s right to rescind the loan to no more than seven days False 22. A deficiency judgment requires a borrower to pay the amount of debt remaining after the collateral is sold True 23. A subprime mortgage is a loan made to a borrower who does not qualify for a standard mortgage True 24. Great Plain Bank provides a loan to enable Helene to buy a real property. This loan is A mortgage 25. The average prime offer rate is the rate offered to the least qualified borrower as established by a survey of potential borrowers False 26. Rita borrowers $30,000 from South State Credit Union, South State accepts Rita’s equity in her home as collateral, which can be seized if the loan is not repaid on time. This is A home equity loan 27. Money mortgage Mart makes a short-term loan to Natalie to allow her to make a down payment on a new home before selling her current home. This is A bridge loan  28. Under a deed in lieu of foreclosure, the property is coveyed to the lender in satisfaction of the mortgage True 29. Shade Tree Lending Corporation advertises loans as foxed-rate loans but, in fact, their rates or payment amounts will change. This is A violation of the law 30. Duran applies to EZ Credit Mortgage Company for $100,000 to buy a home. Ez Credit steers Duran toward an adjustable-rate mortgage even though he qualifies for a fixed-rate mortgage. This is Steering and targeting 31. Agnes borrowers $110,000 from Bay Harbor Bank to buy a home under a mortgage with an acceleration clause. After eighteen payments, Agnes stops making payments on the mortgage. Bay Harbor Can foreclosure on the entire amount of the loan 32. Property Financial Corporation makes loans that qualify, under a Federal Reserve Board amendment to Regulation Z, as Higher-Priced Mortgage Loans (HPMLs), Quinn applies to property Financial for an HPML. To make the loan, the lender must Verify the borrower’s ability to repay the loan 33. A recession is a written instrument that gives a creditor an interest in real property being acquired by a debtor as security for the debt’s payment False 34. Hill Dale Credit Corporation makes mortgage loan to consumers secured by their principal homes. For a Hill Dale loan to qualify as a Higher-Priced Mortgage Loan (HPML), its annual percentage rate must exceed, by a certain amount The average prime offer rate for a comparable transaction 35. Borrowers are required to recite the terms of their loans in clear, readily understandable language so that the lenders can make rational choices False 36. Federal law encourages private lenders to modify mortgages so as to lower the monthly payments of borrowers who are in default True 37. Northeast Bank makes mortgage loans to consumers, including Mai, to buy homes. Refer to Fact Pattern 16-18. Under Federal Law, disclosures with respect to one of Northeast’s loans must be provided A certain number of days before the loan is finalized 38. The loan that a lender provides to enable a borrower to purchase real property is a mortgage True 39. Kenton borrowers $150,000 from Liberty Home Finance Corporation to buy a home. Federal law concerns primarily What must be disclosed with respect to a mortgage 40. Laurel borrows $150,000 from Marketplace Mortgage Loans to buy a home. The financing documents require Laurel to maintain the property, obtain homeowners’ insurance, and pay all property taxes and other assessment through the lender. With respect to these terms, a court is most likely to Enforce them CHAPTER 17-18 1. Some states require franchisors to provide presale disclosures to prospective franchisees True 2. In a general partnership, the acts of one partner in the ordinary course of business subjects the other partners to personal liability True 3. A franchise is a contractual arrangement True 4. A franchisor can set the retail prices for the goods that a franchisee sells False 5. Property acquired by the partnership is the property of the partners individually False 6. The parties to a franchise arrangement may be two corporations True 7. Typically, the franchisee determines the territory to be served by the franchise False 8. Echo enters into an agreement with Deep Pan Pies, Inc. , to operate a franchise in Centre City. Later, Deep grants franchises to others within the city. Echo files a suit to close them. If the court rules Echo’s favor it will most likely be on the ground that Deep violated the implied covenant of good faith and fair dealing 9. A franchise contract may use only type of business organization-the sole proprietorship False 10. A partnership agreement can include almost any terms that the partners wish True 11. Savannah and Rex agree while taking on the phone to form a partnership to deal in sales of natural gas. Their partnership agreement is legally binding Only if the agreement is reduced to writing 12. Trina and Uri do business as value Gems. In acting on the firm’s behalf in a deal with World Diamond Exchange, Trina recklessly exceeds what value Gems can afford to pay, causing damage to the firm. Trina is Liable for breach of the duty of care  13. A sole proprietor has unlimited liability for all obligations that arise in doing business True 14. A partner who pursues his or her own interest automatically violates the partner’s fiduciary duties to the partnership False 15. Laws governing franchising are designed in part to prevent franchisors from terminating franchises without good cause True 16. Noah and Orin do business as Personnel Partners. In most states, for purposes of suing and being sued, Personnel Partners would be treated as An entity 17. Good faith and fair dealing are important in terminating a franchise relationship True 18. Cluckee Chick’n Corporation provides its prospective franchisees with projected earnings figures based on actual data. Cluckee Chick’n must also disclose The number and percentage of franchisees that achieved the figures 19. On a partner’s dissociation, his or her duty of loyalty to the partnership ends True 20. A franchise agreement between software Company and Games, Inc. , is silent on a time for termination of the franchise. Software may Terminate on reasonable notice 21. Genetic Innovations, LP, is a limited partnership. The partners sign an agreement purporting to state how the firm’s profits and losses are to be divided. The profits and losses of the firm will be divided According to the agreement 22. Mit-E Mart LLC was formed in New Jersey. Mit-E Mart’s members are Odel, who is a citizen of New Jersey, and Pola, who is a citizen of New York. For federal diversity jurisdictional purposes, Mit-E is a citizen of New Jersey and New York 23. If there is not limited liability company (LLC) agreement covering a topic dispute, the state LLC statute will govern the outcome True 24. In a limited partnership, a general partner’s dissociation from the firm may lead to dissolution True 25. CPA Accounting, LLC, is a limited liability company. If the law in CPA’s state is like the law in most states, unless the members have agreed otherwise, participants in the firm’s management will be considered to include All members 26. State law governs the formation of a limited partnership True 27. For federal income tax purpose, one-member limited liability companies are automatically taxed as sole proprietorships True 28. A limited partner who gives a general partner advice on matters relating to the management of the partnership cannot be liable as a general partner False 29. A limited liability company must be managed by non-member managers False 30. Limited liability companies (LLC) are governed by a federal LLC statute False 31. A limited liability company as an entity is not liable for the wrongful act or omissions of its members False 32. Fern and Gray want to form a limited partnership to manage two restaurants: Cafe Latte and Deli Delite. In most states, a limited partnership will be created when A certificate of limited partnership is filed 33. Some states have passed laws prohibiting the withdrawal of general partners form a limited partnership True 34. A limited liability company is not a citizen if any state False 35. In a limited liability partnership, the liability of a general partner is the same as the liability of a limited partner True 36. Vasil is considering forms of business organization for Vasili’s Designs an architectural firm. An advantage of a limited liability partnership is that partners may be able to avoid personal liability for Any partnership obligation 37. In a limited partnership, limited partners have essentially the same right as a general partners to participate in management False 38. A limited liability partnership allows its partners to avoid personal liability for the malpractice of other partners True  39. Location! Realty LLC is a limited liability company. Like other LLCs for federal jurisdictional purposes. Location! Realty is most likely a citizen of Every state in which its members are citizens 40. Bee Hive Honey, LLC’s members include Chad. For purposes of suing and being sued. Bee Hive Honey is A legal entity apart from the owners CHAPTER 19 1. Sophie and Tiny incorporate their beverage-container business as U-Twist Products, Inc. The first board of directors may be appointed by the firm’s Incorporators 2. Shareholders’ meetings need not occur at any certain interval False  3. A director or officer is not liable to the corporation for a bad business decision True 4. Skyla and Terry want to form and do business as Unbound Games Corporation. Most statutes governing the formation and use of corporations are guided by The Revised Model Business Corporation Act 5. The first step in the incorporation process is to select a state in which to operate True 6. Express power of a corporation are found in its articles of incorporation True 7. Felicity and Gideon want to form and do business as Home Healthcare Corporation. A corporation is An artificial person 8. A corporation is a legal entity created and recognized by federal law False 9. Clark is a shareholder of Bedrest Mattress Company. Clark will be deemed to have a fiduciary duty to Bedrest and its minority shareholders if he has A sufficient number of shares to exercise de facto control 10. The primary document needed to incorporate a business is the articles of incorporations True 11. Before shareholders can bring a derivative suit, they must submit a written demand to the corporation, asking the board of directors to take action True 12. Officers hire the directors and other executive employees False 13. Frida and Gregor want to market a new line of fishing gear. To avoid income taxes at the corporate level, they should form An S corporation 14. Viola is a director of Water Pure Corporation. With respect to Water Pure, Viola’s most important right is the right of Participation 15. Directors are entitled to use confidential corporate information for their personal advantage False 16. Each incorporator must have an interest in the incorporation False 17. Niki owns O. K. Oil Corporation. Niki uses O. K’s funds to pay her personal expenses, creates Pure Fuel Corporation to engage in the same business as O. K. , transfers O.K. , assets to Pure Fuel, and petitions O. K. into bankruptcy. This most likely warrants A pierce of O. K. ’s corporate veil 18. Like the bylaws of the other corporations, the bylaws of Farmland Equipment, Inc. , Were adopted at its first organizational meeting 19. Bret and Courtney from Delite Day Care, Inc. ultimate responsibility for policy decisions necessary to the management of corporate affairs rests with Delite’s Board of directors 20. Hailey and Ike hold the first organizational meeting of Java Drive-in Corporation. Probably the most important function of this meeting is Adopting Java’s bylaws 21. Dhani, an accountant for Eureka, Inc. learns of undisclosed company plans to market a new laptop. Dhani buys 1,000 shares of Eureka stock. He reveals the company plans to Fay, who buys 500 shares. Fay tells Geoff, who tells Hu, each of whom buy 100 shares. They knows that Fay got her information from Dhani. When Eureka publicly announces its new laptop, Dhani, Fay, Geoff, and Hu sell their stock for a profit Liable for insider trading 22. Start-up Enterprises, Inc. , completes its registration process and begins advertising the availability of its new issue of securities. Start-up places a tombstone ad in the financial papers. This as tells prospective investors Where to obtain a prospectus 23. Hometown Shops Retail Company has assets of less than $10 million and fewer than five hundred shareholders. Interstate Outlets, Inc. , has assets of more than $10 million and more than five hundred shareholders. The Securities Exchange Act of 1934 applies to Hometown Shops and Interstate Outlets 24. Maple Products Corporation is a public company, which New Hampshire regulates and in which Orin invests. The Sarbanes-Oxley Act of 2002 introduced direct federal corporate governance requirements to Public companies 25. â€Å"Forward-looking† financial forecast are protected against liability for securities fraud True 26. Sid, a director of Tech Software Company, learns that a Tech engineer has developed â€Å"Ur Call†, a new, exciting video game. Sid buys Tech stock and tells his friend Velma, who also buys Tech stock. When the new game is released three weeks later, Sid and Velma sell their stock for a big profit. Refer to Fact Pattern 29-1B. under SEC Rule l0b-5, Sid would not be liable if he had waited to buy Tech stock until After the public release of the game 27. Nouveau Riche Corporation, and its officers, directors, and shareholders, buy and sell securities. SEC Rule 10b-5 applies to The purchase or sale of any security 28. Catalina promises high returns to Darby and other investors, who then agree to trust their funds to Catalina. She uses these funds to pay previous investors. This is A Ponzi scheme 29. Corner Cafe Company offers its stock for sale only in a single state. The law in Corner’s state is like the law in most states. Corner’s offer is subject to state securities statutes that include Antifraud and disclosure provisions 30. Begin Anew Enterprise, Inc. , completes its registration process and issues a free-writing prospectus. This tells prospective investors That they may obtain the prospectus at the SEC’s Web Site 31. Under the Sarbanes-Oxley Act of 2002, chief executive officers no longer need to certify the accuracy of information in corporate financial statements False 32. Dave, an accountant, does not work for Emergent Company, but wrongfully obtains inside information concerning Emergent. Based on the information, Dave buys and sells Emergent stock for personal gain. The Securities and Exchange Commission prosecutes Dave, arguing that he is liable because he stole information rightfully belonging to another. This argument is The misappropriation theory 33. Heavy Hauling, Inc. , is a public company whose shares are traded in the public securities markets. Under the Sarbanes-Oxley Act of 2002, to ensure that Heavy Hauling’s financial results are accurate and timely, the firm’s senior officers must set up and maintain Internal â€Å"disclosure controls and procedures† 34. The Securities an Exchange Commission can seek sanctions against those who violate foreign securities laws True 35. Frothy Beverage Corporation is a public company whose shares are traded in the public securities markets. Under the Securities Act of 1933, Frothy is required to Disclose financial and other information about its securities 36. Most securities can not be resold without registration False 37. Lex, a salesperson for Macro Corporation, learns that Macro will increase the dividend it pays to shareholders. Lex buys 1,000 shares of Macro stock. When the price increases, Lex sells his shares for a profit. Lex would not be liable for insider trading if the information about the dividend was Public before he bought the stock 38. Accredited investors included banks, but not investment companies False 39. Securities must be registered under the Securities Act of 1933 for the Securities Exchange Act of 1934 to apply False 40. Players Video Game Centers, Inc. , wants to issue stock of $1 million in a single offering. Players must provide all investors with material information about itself, its business, and its securities if Any investors are unaccredited CHAPTER 20 AND 22 1. Bud approves on behalf of Cody-but without authorization-a contract with devon to build a new silo. Cody does not ratify the contract. Later, Devon tries to enforce the deal. This attempt will be Totally unsuccessful. 2. Prospective enterprises (PE) employs Quinn to buy property for a possible commercial development. Quinn secretly buys some of the property and sells it to PE at a profit. Quinn has breached The duty of loyalty 3. A principal owns his or her agent a duty to act in good faith True 4. A principal is exposed to tort liability whenever a third person sustains a loss due to an agent’s misrepresentation True 5. Independent contractors have no control over the details of their work performance False 6. Apparent authority arises from what the principal makes clear to the agent False. 7. Apparent authority usually comes into existence through a principal’s pattern of conduct over time True 8. Chelsea, an agent for Bountiful Seafood, Inc. , has often done business with Alvin’s Dockside Diner on Bountiful’s behalf. When Chelsea and Bountiful terminate their agency, to avoid liability for later deals, Alvin’s must be notified by Bountiful only 9. Rangle contracts with Siena to buy a certain horse for her. Rangler makes a deal with Timberline Stables, the owner of the horse, and makes a down payment. Siena fails to pay the rest of the price. Timberline sues Rangler for breach of contract. His right to hold Siena liable for any damages that he has to pay is the right of Indemnification 10. Meals n’More, Inc. , a catering company, requires its customers to pay by check. Lyra, a Meals n’More driver, tells customers that they can pay her with cash. When Meals n’More learns of Lyra’s collections, it takes no action to stop it. Lyra steals some of the cash. Meals n’More may suffer the loss under the doctrine of Apparent authority 11. An agent has the right to perform agency duties without interference by the principal True 12. All agency relationships are based on contract False 13. An agent has a duty to follow all clearly stated instructions of the principal, lawful or not False 14. Maya and Noel work at OpenFlo Plumbing Supply. Maya is a plumbing engineer who works with OpenFlo clients on residential plumbing and field draining and irrigation projects. OpenFlo closely supervises all of its engineers, and dictates their work schedules. Noel works part-time in the evenings cleaning the offices and warehouse. Refer to Fact Patern 20-1A. Maya is OpenFlo’s Employee and agent 15. Glen is an agent for Hi-Flite, Inc. On Hi-Flite behalf and its request. Glen pays lan for certain plane maintenance and repair services. Glen’s right to obtain the amount of those payments from Hi-Flite arises under the principal’s duty of Reimbursement 16. Fabulous Auto Sales, Inc. , employs GR8 Collection Company as a collection agency. While repossessing a car from Hadji, one of Fabulous customers, GR8 causes an accident in which Hadji is injured. Hadji can recover from Fabulous or GR8 17. When an agency relationship is terminated, the principal has a duty to personally notify third parties who knew of its existence False. 18. Louis, certified public accountant and an investor, and Maria, an insurance salesperson and a realtor, may create an agency relationship for A legal purpose only 19. An independent contractor may not act in the capacity of an agent False 20. Picabo drives a truck as an employee for Quick Delivery. Inc. , Picabo would most likely be considered acting outside the scope of their employment if she Crashed into a car at the airport while off duty 21. Employers who do not accommodate the needs of persons with disabilities must demonstrate that the accommodations would cause undue hardship True. 22. United Company replaces Vera, a forty-five-year-old employee, with Wendy. Vera files a suit against United under the Age Discrimination in Employment Act of 1967. To establish a prima facie case, Vera must show, among other things, that she is Qualified for the position 23. Constructive discharge is a theory that plaintiffs can use to establish any type of discrimination claims under the Civil Rights Act of 1964 True 24. State employers are not immune from private suits brought by the employees under the Americans with Disabilities Act of 1990 False 25. The civil rights Act of 1964 does not protect against reverse discrimination False 26. Dakota believes that Credit Services Corporation (CSC) has discriminated against her on the basis of gender. She files a suit against CSC under the Civil Rights Act of 1964. To establish a prima facie case of employment discrimination, Dakota must show that She is a member of a protected class 27. Pikabo files an employment discrimination suit against Quantitative Analysis, Inc. , under the Civil Rights Act of 1964, based on its discharge of Pikabo. Possible relief includes Reinstatement. 28. Under the age Discrimination in Employment Act of 1967, a plaintiff must prove that he or she was replaced by a person â€Å"outside the protected class† False 29. Maria, an employee of Nickel Tool Company, files a sexual-harassment suit against Owen, her supervisor. Maria wins. Nickel may also be liable if it had effective harassment polices and complaint procedures, and Maria followed them 30. Under the Age Discrimination in Employment Act of 1967, the plaintiff needs to show only that the employer was motivated in part by unlawful discrimination False 31. If a job applicant or an employee with a disability, with a reasonable accommodation, can perform essential job functions, the employer must make the accommodation True 32. The American with Disabilities Act of 1990 defines persons with disabilities as persons with physical as persons with physical or mental impairments that â€Å"substantially limit† their everyday activities True 33. Dick works for first City Bank. When his spouse Eline is diagnosed with Lou Gehrig’s disease, Dick asks to take temporary leave to care for her.

Monday, October 21, 2019

ronald regan essays

ronald regan essays 40th president of the United States (1981-1989) Ronald Reagan was born in Tampico, Illinois. In a family of 3 boys he was the youngest. His father was a traveling shoe salesman. Reagan's mother taught Reagan how to read at an early age, which heavily influenced him positively. Most of Reagan's childhood was spent in Dixon, Illinois. Reagan attended and graduated from Eureka College a small religious school around Peoria, Illinois. He majored in economics, and he was president of the student body, a player on the football team, and captain of the swimming team. He also looked toward acting, but when Reagan graduated the only available related to show business was a local radio sportscaster. In 1936 Reagan became a sportscaster for station WHO in Des Moines, Iowa. 1937 Reagan went to Hollywood and began to work as an actor he starred in more then 50 films like Knute Rockne-All American, kings Row, and Bedtime for Bonzo. He married actress Jane Wyman and they had two children. After eight years of marriage they got divorced and Reagan remarried Nancy Davis. They had two children. Reagan's first political activities were associated with his responsibilities as a union leader. As union president, Reagan tried to remove suspected Communists from the movie industry. When the U.S. House Committee on Un-American Activities began an investigation in 1947 on the influence of Communists in the film industry, Reagan took a strong anti-Communist stand testifying before the committee. As governor or California, Reagan became one of several widely known conservative politicians who wanted to slow down government involvement in the economy and society. In 1968 Reagans first term as governor, he decided to run for presidency. He lost to Nixon. After completing his term as governor, Reagan decided to run for president again. This time he challenged Gerald Ford for the 1976 presid ...