...a lawsuit against Brad, who lives in Durham, North Carolina in North Carolina state trial court for illegal and felonious assault and battery, as well as being unlawfully confined and bound in an area. These acts caused Richard great physical and emotional suffering, at the hand of Brad. Richard is seeking compensatory and punitive damages against Brad. Brad moves to dismiss the action on the grounds that the complaint was not specific enough. Issue Our issue here is whether or not the complaint fails to state a claim upon which relief can be granted under North Carolina case law. Rules “In reviewing a N.C. R. Civ. P. 12(b)(6) motion, a court must determine whether, as a matter of law, the allegations of the complaint, treated as true, are sufficient to state a claim upon which relief may be granted under some legal theory, whether properly labeled or not. The trial court may grant this motion if there is a want of law to support a claim of the sort made, an absence of facts sufficient to make a good claim, or the disclosure of some fact which will necessarily defeat the claim”. Rule 8 of the General Rules of Pleading, also states that there must be a short and clear statement made in the claim that the party is if fact, entitled to relief. Pursuant to affirmative defense, if Brad introduces evidence found to be credible, regardless if he committed the crime or not, he will not be liable for civil or criminal damages. Analysis In our case of Richard and Brad, Richard clearly states...
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...a lawsuit against Brad, who lives in Durham, North Carolina in North Carolina state trial court for illegal and felonious assault and battery, as well as being unlawfully confined and bound in an area. These acts caused Richard great physical and emotional suffering, at the hand of Brad. Richard is seeking compensatory and punitive damages against Brad. Brad moves to dismiss the action on the grounds that the complaint was not specific enough. Issue Our issue here is whether or not the complaint fails to state a claim upon which relief can be granted under North Carolina case law. Rules “In reviewing a N.C. R. Civ. P. 12(b)(6) motion, a court must determine whether, as a matter of law, the allegations of the complaint, treated as true, are sufficient to state a claim upon which relief may be granted under some legal theory, whether properly labeled or not. The trial court may grant this motion if there is a want of law to support a claim of the sort made, an absence of facts sufficient to make a good claim, or the disclosure of some fact which will necessarily defeat the claim”. Rule 8 of the General Rules of Pleading, also states that there must be a short and clear statement made in the claim that the party is if fact, entitled to relief. Pursuant to affirmative defense, if Brad introduces evidence found to be credible, regardless if he committed the crime or not, he will not be liable for civil or criminal damages. Analysis In our case of Richard and Brad, Richard clearly states...
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...comedic flunkies to rest, at least for a while. Snatch captures the mood of Tarantino’s work but avoids the slickness of dialogue, the polished brattiness of the American’s self-conscious patter. In this film, Ritchie allows the camera itself to do all the truly cool stuff. The voices – deliberately roughened, broken, sometimes completely indecipherable – stammer and stagger and lurch their way between threat and crisis. It is the camerawork in this film, however, that is granted the smartest trickery, gets the best laughs, and the cleverest lines. Writer/Director Ritchie sets the pace fast, and the camera seems compelled to follow, dashing from character to character, updating narrative threads, eliding great slabs of time in glorious fast motion (Dennis Farina’s Avi manages to speed from New York to London and back in several hilarious seconds) and pausing only momentarily to catch a breath before launching helter-skelter into the next sequence. This pace, and this directorial flair for story telling, character and style are the film’s greatest assets. Snatch is a film to be ridden for the sheer joy of the ride. In a break from its ancestors, the emphasis is not on its cleverness, although the film does indeed possess such qualities. Ritchie for the most part avoids the sort of...
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...Odell Giles, individually, Defendants-Appellees. No. 5-89-0749. April 19, 1991. Decedent's estate appealed from order of the Circuit Court, Franklin County, Donald L. Underwood, J., granting air conditioning manufacturers' motion to dismiss breach of warranty, negligence, and products liability claim arising when decedent died as alleged result of failure of air conditioning unit. The Appellate Court, Harrison, J., held that: (1) death of elderly purchaser from hyperthermia as result of failed air conditioning unit was reasonably foreseeable, permitting claim of consequential damages in action for breach of warranty; (2) manufacturers owed duty of care to purchaser to design and manufacture product that would be reasonably safe for its intended and reasonably foreseeable uses; and (3) whether leaky air conditioning unit that failed to cool on a hot day was dangerous was question for jury. Reversed and remanded. Howerton, J., filed dissenting opinion. West Headnotes [1] KeyCite Notes 307A Pretrial Procedure 307AIII Dismissal 307AIII(B) Involuntary Dismissal 307AIII(B)6 Proceedings and Effect 307Ak686 Matters Deemed Admitted 307Ak687 k. Well-Pleaded Facts. Most Cited Cases In ruling on motion to dismiss for failure to state cause of action, court must accept as true all well-pleaded facts in pleading attacked, as well as all reasonable inferences which can be drawn from those facts that are favorable to pleader. S.H.A. ch....
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...Chapter 1 Introduction to Law and Legal Reasoning TRUE/FALSE QUESTIONS A1. The stability and predictability of the law is essential to business activities. B1. An important function of the law is to provide jurisprudence. A2. Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. B2. How judges apply the law to specific disputes may depend in part on their personal philosophical views. A3. The basis for the U.S. legal system is natural law. B3. A judge’s view of the law is of little importance in a common law legal system. A4. Constitutional law includes only the U.S. Constitution. B4. Congress can only pass legislation that falls within the limits set up by the U.S. Constitution. A5. A state constitution is supreme within the state’s borders. B5. The U.S. Constitution is the supreme law of the United States. A6. Whether a law is constitutional depends on its source. B6. Each state has its own constitution. A7. Uniform laws apply in all states, including those in which the laws have not been adopted. B7. The Federal Trade Commission developed the Uniform Commercial Code. A8. A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. B8. State agency regulations take precedence over conflicting federal...
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...At IDEO, collaborative interaction is a core competitive advantage. To accomplish this, IDEO promotes a “democracy of ideas.” It discourages formal titles, does not have a dress code, and encourages employees to move around, especially during mental blocks. Stimulating interactions are encouraged by creating open work spaces and many opportunities for collaboration in the office. Designers are encouraged to talk to one another in whatever forum possible, and experts co-mingle in offices that look like “cacophonous kindergarten classrooms.” As described by Tom Peters, “Walk into the offices of IDEO design in Palo Alto, California, immediately you’ll be caught up in the energy, buzz, creative disarray and sheer lunacy of it all.” For IDEO, creative interaction and collaborative communication are keys to success. ------------------------------------------------- The Nature of Communication Workplaces are becoming increasingly collaborative, making communication more important than ever. New technologies, trends toward global real-time work, and a younger generation more comfortable with social connectivity are dramatically reshaping how companies and employees function. Social tools such as wikis and blogs are putting more communication power in the hands of employees and customers. Do companies worry that this will lead to confusion and loss of control? Not at Google, IBM, and Xerox, where collaborative communication processes are breaking down traditional corporate barriers...
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...PART A – Plan the project Most athletes know that getting enough rest after exercise is essential to high-level performance, but many still over train and feel guilty when they take a day off. The body repairs and strengthens itself in the time between workouts, and continuous training can actually weaken the strongest athletes. Rest days are critical to sports performance for a variety of reasons. Some are physiological and some are psychological. Rest is physically necessary so that the muscles can repair, rebuild and strengthen. For recreational athletes, building in rest days can help maintain a better balance between home, work and fitness goals. The main objective of my project of this term is to build up a recovery program for athletes. That is what I am gonna try to study into the basics. Sport is not only about performance, there is a lot of other factors that influence the performance, from the psychological aspect to the physiological condition. The recovery phase and rest is one of the main subject that help to improve athlete s performance. Human is not a machine, we all need rest to restart our body again to reach the performance we want. Rest is not only behind higher performance, recovery periods prevent injuries that are caused by overtraining or a trauma. My project is about recovery program for a specific athlete, and how it can influence his performance. I try to build up a recovery program for him, that is suitable for his possibilities and capacities...
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...ENGINEERING ETHICS Concepts and Cases This page intentionally left blank F O U R T H ENGINEERING ETHICS Concepts and Cases g E D I T I O N CHARLES E. HARRIS Texas A&M University MICHAEL S. PRITCHARD Western Michigan University MICHAEL J. RABINS Texas A&M University Australia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom • United States Engineering Ethics: Concepts and Cases, Fourth Edition Charles E. Harris, Michael S. Pritchard, and Michael J. Rabins Acquisitions Editor: Worth Hawes Assistant Editor: Sarah Perkins Editorial Assistant: Daniel Vivacqua Technology Project Manager: Diane Akerman Marketing Manager: Christina Shea Marketing Assistant: Mary Anne Payumo Marketing Communications Manager: Tami Strang Project Manager, Editorial Production: Matt Ballantyne Creative Director: Rob Hugel Art Director: Cate Barr Print Buyer: Paula Vang Permissions Editor: Mardell Glinski-Schultz Production Service: Aaron Downey, Matrix Productions Inc. Copy Editor: Dan Hays Cover Designer: RHDG/Tim Heraldo Cover Image: SuperStock/Henry Beeker Compositor: International Typesetting and Composition c 2009, 2005 Wadsworth, Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright herein may be reproduced, transmitted, stored, or used in any form or by any means graphic, electronic, or mechanical, including but not limited to photocopying, recording, scanning, digitizing, taping, Web distribution,...
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...Race Discrimination Chapter Outline * Opening Scenarios * Statutory Basis * Surprised? * Background * General Considerations * Recognizing Race Discrimination * Racial Harassment * A Word about Color * The Reconstruction Civil Rights Acts * 42 U.S.C. Section 1981 * 42 U.S.C. Section 1983 * 42 U.S.C. Section 1985 * Management Tips * Summary * Chapter-End Questions Opening Scenarios SCENARIO 1 An employer has a “no-beard” policy, which applies across the board to all employees. A black employee tells the employer he cannot shave without getting severe facial bumps from ingrown hairs. The employer replies that the policy is without exception and the employee must comply. The employee refuses and is later terminated. The employee brings suit under Title VII on the basis of race discrimination. Does he win? Why? Why not? SCENARIO 2 Two truck driver employees are found to have stolen goods from the cargo they were carrying. The black employee is retained and reprimanded. The white employee is terminated. The white employee sues the employer for race discrimination under Title VII. Who wins and why? SCENARIO 3 A black female employee is terminated during a downsizing at her place of employment. The decision was made to terminate the two worst employees, and she was one of them. The employer had not told the employee of her poor performance nor given her any negative feedback during evaluations...
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...Форма № Н-6.01 Міністерство освіти і науки України Чернівецький національний університет імені Юрія Федьковича факультет іноземних мов кафедра англійської мови Курсова робота (проект) з ________________англійської мови__________________ (назва дисципліни) на тему: Термінологічна система «foods» в англійській мові Студента(ки)_II__курсу групи__205__ напрям підготовки___0305______ філологія 6.020303 Англійська мова та література Гуцул Юлія Миколаївна Керівник к.ф.н., доц.. Суродейкіна Т.В. (посада, вчене звання, науковий ступінь, прізвище та ініціали) Національна шкала ________________ Кількість балів: __________Оцінка: ECTS _____ Керівник к.ф.н., доц.. Суродейкіна Т.В. (посада, вчене звання, науковий ступінь, прізвище та ініціали) Національна шкала ________________ Кількість балів: __________Оцінка: ECTS _____ Члени комісії ________________ ___________________________ (підпис)...
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...EXECUTIVE SUMMARY This research paper acknowledges different quality management tools. It is about the evolution of different quality tools and defining the best practice Strategic model in IT organization in relation to achieving quality within their business processes and integrating business processes to achieve strategic goals. Previous research and study indicates the various quality system tools in order to achieve quality management objectives in the competitive business environment. This research paper investigates and finds out the evolution of different quality system tools and significance of various quality tools and then designing best practice strategic model for future in Information Technology organization. The importance of this proposed research is that currently IT companies are experiencing increased global competition and parameters like complexities of the product, different markets, customer focus, high quality of product, decision making and integration among various business units in the global environment and the environment in which the firm operates are the issues of concern. Traditional quality tool in IT systems are not capable of coping with these demands and still stay competitive. Changes are needed in order to achieve sustainable results and maintaining fitness and overcome the problems of traditional tools. Today industrial companies need stable position socially and economically...
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...to: Sydney, Australia 2000 UPS ANNUAL REPORT 2012 from: Guadalajara, Mexico 44150 to: Halifax, Canada B3H 0A2 from: Louisville, USA 40215 QUICK QUI QU K UICK FACTS FACTS AC S 1907 YEAR FOUNDED FINANCIAL HIGHLIGHTS 2012 Revenue Operating expenses Net income Adjusted net income 1 2011 2010 $54,127 $53,105 $49,545 52,784 807 4,389 0.83 47,025 3,804 4,311 3.84 4.35 2.08 34,701 11,095 7,108 2,005 4,275 43,904 3,338 3,495 3.33 3.48 1.88 33,597 10,491 8,047 1,389 4,081 Diluted earnings per share 8.8 MILLION CUSTOMERS 399, 000 UPS EMPLOYEES Adjusted diluted earnings per share1 4.53 Dividends declared per share Assets Long-term debt Shareowners’ equity Capital expenditures Cash and marketable securities (in millions except for per-share amounts) 2.28 38,863 11,089 4,733 2,153 7,924 2.5 MILLION MY CHOICE ® MEMBERS 101, 000 VEHICLES IN DELIVERY FLEET 32.1 MILLION DAILY ONLINE TRACKING REQUESTS RETAIL ACCESS POINTS 4. 1 BILLION KEY METRICS 2012 Return on assets (adj.) 1 2012 DELIVERY VOLUME 2011 12.6% 11.1% 55.1% 50.2% 24.2% 21.8% 2.8% 2010 10.7% 10.2% 44.0% 42.4% 21.2% 20.4% 2.6% 12.0% 2.2% 56.9% 13.6% 24.6% 6.5% 3.1% Return on assets (GAAP) Return on equity (adj.)1 Return on equity (GAAP) 1,931 DAILY FLIGHT Return on invested capital (adj.)1 Return on invested capital (GAAP) Dividend yield SEGMENTS 2,868 70,900 WORLDWIDE OPERATING FACILITIES 2,688 ALTERNATIVE ...
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...Metaphysics From Wikipedia, the free encyclopedia Jump to:navigation, search This article is about the branch of philosophy. For the work of Aristotle, see Metaphysics (Aristotle). |Philosophy | |[pic] | |Branches[show] | |Aesthetics | |Epistemology | |Ethics | |Logic | |Metaphysics | |Social philosophy | |Political philosophy | |Eras[show] | |Ancient | |Medieval | |Modern | |Contemporary | |Traditions[show] | |Analytic | |Continental | |Eastern | |Islamic | |Marxist | |Platonic | |Scholastic | |Philosophers[show] | |Aestheticians | |Epistemologists...
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...2011 Annual Report Inspired Innovation To our shareholders In many ways, 2011 was an amazing year. At times, the year felt like a story from the book of Genesis, with the Japanese earthquake, tsunami and subsequent nuclear issues, the flooding in Thailand late in the year, tornadoes in the southern United States, and revolution in North Africa. Matters were further complicated in 2011 by the sovereign debt issue in Greece, worries about Italy’s solvency and the economic downturn in Europe. We must offer special recognition here to our Japanese colleagues for their wonderful efforts in 2011 and to their entire nation for the dignified and orderly way in which they dealt with the tsunami and related challenges. They have my profound personal admiration. Through all of this, while dealing in many cases with enormous personal challenges presented by these disasters, 3M’s people also met the business challenges and once again delivered strong results. George W. Buckley Chairman of the Board, President and Chief Executive Officer Despite all this turbulence, full-year sales increased 11 percent to $29.6 billion, with double-digit growth in Industrial and Transportation; Safety, Security and Protection Services; and Health Care. Operating margins were 20.9 percent for the company, and all businesses delivered margins of 20 percent or higher, which is an amazing feat of consistency. Inge G. Thulin named President and Chief Executive Officer, 3M Company, Feb. 24, 2012 Inge...
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...2011 Annual Report Inspired Innovation To our shareholders In many ways, 2011 was an amazing year. At times, the year felt like a story from the book of Genesis, with the Japanese earthquake, tsunami and subsequent nuclear issues, the flooding in Thailand late in the year, tornadoes in the southern United States, and revolution in North Africa. Matters were further complicated in 2011 by the sovereign debt issue in Greece, worries about Italy’s solvency and the economic downturn in Europe. We must offer special recognition here to our Japanese colleagues for their wonderful efforts in 2011 and to their entire nation for the dignified and orderly way in which they dealt with the tsunami and related challenges. They have my profound personal admiration. Through all of this, while dealing in many cases with enormous personal challenges presented by these disasters, 3M’s people also met the business challenges and once again delivered strong results. George W. Buckley Chairman of the Board, President and Chief Executive Officer Despite all this turbulence, full-year sales increased 11 percent to $29.6 billion, with double-digit growth in Industrial and Transportation; Safety, Security and Protection Services; and Health Care. Operating margins were 20.9 percent for the company, and all businesses delivered margins of 20 percent or higher, which is an amazing feat of consistency. Inge G. Thulin named President and Chief Executive Officer, 3M Company, Feb. 24, 2012 Inge G. Thulin,...
Words: 79591 - Pages: 319