...Magallanes' footballer David Arellano, who led a group of young players leaving the club after institutional problems.[13][14] Finally, on 19 April, Arellano and the other youths officially established the club after meetings and negotiations, where Luis Contreras chose the name of «Colo-Colo» for the club,[15] which refers to the homonymous Mapuche cacique Colo Colo. The team began to play friendly games, but in 1926, Colo-Colo took part in the Metropolitan League of Honour, where they were proclaimed champions and earned the nickname of «invincible».[16] The following year, Colo-Colo became the first Chilean football team to participate in a tour across Europe. However, on 2 May, during an exhibition match against Real Unión Deportiva at Valladolid, the team founder and captain David Arellano was critically injured after suffering a collision with an opposing player that caused him Peritonitis.[17] The inflammation would lead to his death the next day.[18] Despite the great impact caused by the death of Arellano, the club won the tournament of the Central League of football — then renamed Asociación de Football de Santiago — in the 1928,[19] 1929[20] and 1930[21] seasons. In the 1931–32 season, Colo-Colo suffered its first institutional crisis because of financial problems, which led to a salary reduction for first team footballers and board members, with their consequent resistance.[22] The team played another tournament final that season against Audax Italiano. However, due...
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...Essay Question 1: What did W. E. B. Du Bois mean by his concept of "the color-line", and how did it come to be defined so strictly over time? The idea of “the color –line” alludes basically to the part of race and prejudice in history and society. Be that as it may, of need, for Du Bois, it requires a multidimensional examination which recognizes and looks to comprehend the convergence of race and class as both methods of mastery and methods of resistance on the national and worldwide level. Du Bois connects with the inquiries of race, racial mastery and racial misuse with the understood recommendation that “the issue of the twentieth century is the issue of the shading line." In 1924, W. E. B. Dubois said this in regards to race relations in the United States. He said, "The issue of the twentieth century will be the issue of the shading line." That is, the overwhelming issue amid the century would be the racial clash in the middle of Blacks and whites. Today, regardless of the advancement our nation has made in race relations, despite everything we have an approaches to go. It was the line that held the best employments in the economy for one gathering of individuals, while denying them to another through both the law and private organizations, for example, organizations and, to its ruin, numerous unions who denied participation and occupations to those on the wrong side of the shading line. Also, it is the same shading line that would reject occupations to those on...
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...Case Buder v. Sartore, 774 P.2d 1383, Web 1989 Colo. Lexis 227 (Supreme Court of Colorado) Answer A gift constitutes a voluntary transfer of property without consideration from a donor to a done. When the gifts are made during a person’s lifetime, they are called inter vivos, and are irrevocable present transfers. When the gifts are given by adults to minors, and those are securities, the Uniform Gift to Minors Act (UGMA) establishes the procedures to follow, and recognizes either the donor or a trustee serves as custodian for the minor child. In this case, a custodian of children’s funds owes a duty of care when investing the minor’s money. According to that rule, in acquiring and investing property for the benefit of others, a fiduciary is required to exercise the judgment and care under which people of prudence, discretion, and intelligence would exercise in the management of their own affairs under the same circumstances. Therefore, Buder must make up for the losses suffered by the children’s accounts because of his investment of their funds in penny stocks. 48.8. Naab v. Nolan, 174 W.Va. 390, 327 S.E.2d 151, Web 1985 W.Va. Lexis 476 (Supreme Court of Appeals of West Virginia) Answer The doctrine of adverse possession enables one who has been in possession of a piece of real property for more than ten years to bring an action asserting that he is now the owner of that piece of property even when title rests in another. One who asserts...
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...B. Reasonableness requirements The court will likely find the duration and geographic scope of the non-compete agreement to be reasonable. Both the duration and the geographic scope must be reasonable for the non-compete to be enforced. Nat'l Graphics Co. v. Dilley, 681 P.2d 546 (Colo. App. 1984). Five year non-competes have been enforced by the courts regularly. Despite the fact 150-mile restriction is outside the 100-mile default range typically enforced by the courts, Betty Crockette is a unique business that operates statewide so it serves a legitimate business purpose. 1. Duration Restriction The duration restriction of five years for a non-compete agreement is reasonable. The general rule is that duration restrictions of up to five years are reasonable Harrison, 577 P.2d at 231. However, Reed Mill & Lumber Co. v. Jensen, 165 P.3d 733 (Colo. App. 2006) creates an exception. Distinguished from the...
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...This rule can be applied because divorce is a civil action. Conclusion: The court has the strongest argument given the rule. Nancy needs to file a complaint or serve a summons and complaint to begin her civil action for divorce. Section Two: Citation: People of the State of Colorado v. Liggett, 334 P.3d 231 (Colo. 2014) Facts: After being pulled over, Liggett was interrogated for around five hours about his connection with the disappearance of his mother. Liggett voluntarily spoke to police officers about the disappearance of his mother. He requested legal council and was denied by the sheriff. A trial court later ruled that this refusal was in violation of the defendant’s Miranda Rights. The court moved to suppress his statements after this refusal both in the trial and in his sanity evaluation. Issue: Did investigators overbear the defendant’s will making his statements coerced and involuntary? Holding: No Reasoning: A statement is found to be voluntary if it is “the product of an essentially free and unconstrained choice by its maker.” People v. Raffaelli, 647 P.2d 230, 234 (Colo....
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...There is a strong argument that she is a key personnel at the “heart of the business” by virtue of Jackson framing the operation around her baking talents. She also meets the Dish test as a supervisor with autonomy and decision making capability who is well compensated. B. Reasonableness requirements The court will next assess the reasonableness of the duration and geographic scope restrictions. Both must be reasonable for the non-compete to be enforced Nat'l Graphics Co. v. Dilley, 681 P.2d 546 (Colo. App. 1984). Five year non-competes have been enforced by the courts regularly. The 150 mile restriction here is outside the 100 default range typically enforced by the courts. However, due to the circumstances of this case, the court may view the 150 mile radius as reasonable. Duration...
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...Eldridge, 424 U.S. 319, 334 (1976), Set forth an identifying process that is required in determining if a license should or should not be revoked: “(1) the nature of the property interest; (2) the risk of an erroneous deprivation of that interest through the procedures used; and (3) the nature of the government’s interest.” The Court also stated that a license holder “can only be deprived of his license if he is convicted of the underlying criminal offense.” In this case the Court looked at the nature of the government’s interest and found that the appellant’s property interest was “constrained by the state’s interest in protecting and preserving its natural resources.” Woodrow v. Wildlife Comm'n, Dep't of Natural Res., 206 P.3d 835, 838 (Colo. Ct. App. 2009), determined that “in an administrative setting, procedural due process requires...
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...du monde occidental. Bien que beaucoup de gens ça trouvent une bonne solution, ce n'est pas le mode de vie approprié pour chacun. Alors on doit examiner les avantages et inconvénients de partager son logement. Il y a nombreux avantages. Tout d'abord on peut faire des économies parce qu'on partage non seulement son appartement mais aussi tous les coûtes comme le loyer ou les frais supplémentaires. On a donc la chance d'habiter plus centralement ou on a plus d'argent pour les loisirs et des autres dépenses. En plus vivre en colo est une possibilité d'eviter la solitude. Comme une autre personne (ou plusieurs) habite dans le même logement, on a toujours quelqu'un pur parler le soir, sortir boire un verre et - en générale - faire quelque chose ensemble. On pourrait énumerer d'autres choses positives mais il y a aussi des inconvenients qu'on doit accepter dans une colocation. La chose plus déplaisante peut être le manque d'intimité. Si on vit en colo il est très difficile d'avoir son sphère privée, par example quand on veut parler de sa liaison à sa copine ou son copain. En outre,les colocataires peuvent être très eccentrics ou tout simplement un peu different car on doit apprendre respecter les particularités de ses colocataires et developer un certain degré de tolérance. En résumé, vivre en colocation n'est pas facile mais c'est une bonne idée pour tous les gens qui veulent économiser, faire nouveaux amis et qui acceptent qu'ils paient le prox de moins d'intimité pour...
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...Live from the 2015 Fortune Brainstorm Tech conference in Aspen, Colo. Consumers care more about the money in their wallets and purses than they do about their health, said Helena Foulkes, executive vice president of CVS Health and president of CVS/ pharmacy. “Consumers have a lot more skin in the game then they did a year ago,” Foulkes said Tuesday during a roundtable discussion at Fortune’s annual Brainstorm Tech conference in Aspen, Colo. If a person needs to get a colonoscopy today, he or she will spend between $600 and $6,000 out of pocket. Cost matters today, she explained—but there’s not enough information to tell them where best to go for the service. Kyu Rhee, IBM’s chief’s medical officer, said that empowering patients with transparency—especially for data around the quality of the health care they could receive—is key. “We need to go from a system of record to a system of insight,” he said. Foulkes, who leads CVS’s retail business, including its more than 7,800 retail stores, 18 distribution centers and e-commerce sites, says that the company is looking to reduce the complications around taking medicine—a chief patient complaint among doctors. “People don’t take their medicines as prescribed, and we are thinking about how do we help you stay on your medicines,” she said. “We should allow consumers to text us if they want to refill a their prescriptions, or ping them on their phones to remind them to take their medication.” The challenge is also taking users prescription...
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...A complaint may be dismissed on motion if clearly without any merit; and this want of merit may consist in an absence of law to support a claim of the sort made, or a fact sufficient to make a good claim, or in the disclosure of some fact which will necessarily defeat the claim, but a complaint should not be dismissed for insufficiency unless it appears to a certainty that plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim. Despite the liberal nature of the concept of notice pleading, however, a complaint must nonetheless state enough to give the substantive elements of at least some legally recognized claim or it is subject to dismissal under N.C. Gen. Stat. § 1A-1, N.C. R. Civ. P. 12(b)(6). A claim for relief must still satisfy the requirements of the substantive laws which gave rise to the pleadings, and no amount of liberalization should seduce the pleader into failing to state enough to give the substantive elements of his claim. While an incorrect choice of theory should not result in dismissal of the claim, the allegations must suffice to state a claim under some legal theory. Morrow v. Kings Dep't Stores, Inc., 57 N.C. App. 13 (N.C. Ct. App. 1982). Our Supreme Court has stated: "'A [complaint] may be dismissed on motion if clearly without any merit; and this want of merit may consist in an absence of law to support a claim of the sort made, or a fact sufficient to make a good claim, or in the...
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...Alexander Buder. The mother filed an action against the father based on his alleged breach of the fiduciary duty he owed the couples minor children as the custodian of gift money they had received from a grandparent. The trial court found that the father had breached his fiduciary duty and assessed damages and attorney fees. The intermediate court affirmed and added attorney fees on appeal. The court’s held that: (1) the standard of care under the Uniform Gift to Minors Act (UGMA) and the Uniform Transfers to Minors Act (UTMA), Colo. Rev. Stat. §§ 11-50-101 - 11-50-126 (1987), is not the same as under the general trust laws, Colo. Rev. Stat. § 15-1-304 (1973), (2) a custodian is a fiduciary, (3) the statutes contain different standards and that the standards contained in the UGMA/UTMA apply exclusively to custodians, while the standard contained in Colo. Rev. Stat. 15-1-304 applies to other fiduciaries, (4) any error in assessing the standard of care was harmless because the trial court used the lower standard under UGMA, (5) UTMA authorized the trial court to order an accounting and to assess damages, (6) attorney fees very properly awarded because it was a breach of trust case. Aforementioned, the Colorado Supreme Court held that the intermediate court properly affirmed the trial court's judgment and that the award of...
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...University Impacts of Tarasoff The 1976 case Tarasoff v. The Regents of the University of California, initiated a nationwide legislature reform. The famous California Supreme Court case propelled most states to enact a form of “duty to warn” or “duty to protect” statutes (Simone & Fulero, 2005). Tarasoff has forever impacted the liability and responsibilities of medical professionals. This paper will review a Colorado state statute influenced by Tarasoff. It will further address the “duty to warn” and “duty to protect” dilemmas and the suitable ways to address them. Lastly, this paper will examine confidentiality challenges presented in Laureate Education Inc. (2012) video, Mental Health Counseling: Confidentiality. Colorado State Law Colo. Rev. Stat. § 13-21-117 defines the responsibilities of mental health professionals. It holds mental health professionals liable for their “duty to protect” third parties in cases in which clients communicate threat or harm (Colorado Legal Resources, 2012). The statute states that a mental health professional is not liable in civil court for the failure to warn or protect a third party from a client (Colorado Legal Resources, 2012). Furthermore, it adds that the professional is not held liable to predict their client’s behavior (Colorado Legal Resources, 2012). Though, it mandates that if the client has communicated a considerable threat of forthcoming physical harm against a third party to a mental health professional, such “duty...
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...stools-contain digested blood First stool of newborn Passage of bloody feces Matter EXPELLED from stomach thru mouth Vomitus Vomiting of blood Gas in digestive tract BODY FLUIDS AND INTESTINAL GAS Waste from digestive tract Frequent discharge of liquid stool Black tarry stools-contain digested blood First stool of newborn Passage of bloody feces Matter EXPELLED from stomach thru mouth Vomitus Vomiting of blood Gas in digestive tract OSTOMIES Creation of an artificial opening OSTOMIES Creation of an artificial opening 1--ELIMINATION OF SOLID WASTE ILE---OSTOMY Into ilieum, creating a stoma (mouth) COLO---STOMY --bag Into colon-creating a stoma (mouth) 1--ELIMINATION OF SOLID WASTE ILE---OSTOMY Into ilieum, creating a stoma (mouth) COLO---STOMY --bag Into colon-creating a stoma (mouth) 2---FEEDING (tubes) PURPOSES GASTR--OSTOMY Into stomach wall- through abdominal wall----- GASTRO—JEJUNUM--OSTOMY Between the stomach and jejunum GAVAGE Process of feeding a person through a NASO-GASTRIC tube 2---FEEDING (tubes) PURPOSES GASTR--OSTOMY Into stomach wall- through abdominal wall----- GASTRO—JEJUNUM--OSTOMY Between the stomach and jejunum GAVAGE Process of feeding a person through a NASO-GASTRIC tube RECTUM==RECTO,PROCT-O RECTUM==RECTO,PROCT-O Colon==COL-0, COLON-O Colon==COL-0, COLON-O Combination terms ...
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...the children’s money was invested in penny stocks. All the penny stocks except one suffered substantial losses. Buder’s ex-wife, Sartore, sued him, alleging that he had breached his fiduciary duty owed to the children under the UGMA. She sought to recover the funds lost by Buder’s investment of the children’s funds in penny stocks. Who wins? Buder v. Sartore, 774 P.2d 1383, Web 1989 Colo. Lexis 227 (Supreme Court of Colorado) Who wins? Answer: In the case of Buder vs. Sartore it deals with gifts to minors and the duties of the custodian of those gifts. The mother (Ms. Sartore) filed an action against the father (Mr. Buder) based on his alleged breach of the fiduciary duty he owed the couples minor children as the custodian of the gift money they had received from a grandparent. The trial court finds that the father had breached his fiduciary duty and assessed damages and attorney fees. The intermediate court affirmed and added attorney fees on appeal. The court held that (1) the standard of care under the Uniform Gift to Minors Act (UGMA) and the Uniform Transfers to Minors Act (UTMA), Colo. Rev....
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...that no one had been successful at it. Still the idea meets with several problems, starting with getting land secured, getting the facilities built, getting the athletes and coaches to the venues, and getting investors in line for the convention, hotel, restaurants and retail outlets. Securing of land in that area could prove to be difficult. According to the Huntsville/Madison County Chamber of Commerce website, there are no available properties in the area adjoining I-65 and I-565 (Huntsville/Madison County Chamber of Commerce, 2011). Should that hurdle be conquered, the next challenge would be to get the athletes involved. Currently, the biggest Olympic development campuses in the United State are located in Colorado Springs, Colo. and Chula Vista, Calif., although there are also training centers in New York, Alabama and Michigan. It is the responsibility of each sport’s National Governing Body (NGB) to select athletes to train at these centers and to administer all coaching and technical training. The U.S. Olympic Committee (USOC) offers the athletes free from and board, training facilities, sports medicine and sports science testing and analysis. (Osborne, 2008) The next hurdle would come in getting the private and public backing to construct the infrastructure, buildings and facilities to make the center work. The Colorado Springs’ campus, born out of the cold war on 1970s, was started with the aid of a supportive conservative culture in the town, which included...
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