...Connor Talbert BLR 235 March 19, 2014 Professor Campbell KELLY McCLAIN, Plaintiff and Appellant, v. OCTAGON PLAZA, LLC, Defendant and Respondent. 159 Cal. App. 4th 784; 71 Cal. Rptr. 3d 885 COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT January 31, 2008, Filed FACTS: 1. McClain owns and operates a business known as “A+ Teaching Supplies.” 2. Ted and Wanda Charanian are the principals of Octagon, which owns and manages a shopping center in Valencia. 3. On February 28, 2003, McClain and Octagon agreed to a lease in which McClain would rent commercial space within the shopping center for a length of sixty two months. 4. The lease was constructed as a standard form agreement which was prepared by the American Industrial Real Estate Association. 5. Paragraph 1.2 describes the dimensions of the leased unit, which were stated to be, “approximately 2,624 square feet.” 6. Paragraph 2.1 states, “…Unless otherwise provided herein, any statement of size set fourth in this Lease, or that may have been used in calculating Rent, is an approximation which the Parties agree is reasonable and any payments based thereon are not subject to revision whether or not the actual size is more or less.” 7. Paragraph 2.4 states, “Lessee acknowledges that: (a) it has been advised by lessor…to satisfy itself with respect to the condition of the premises.., and their suitability for Lessee’s intended use, and (b) Lessee had made such investigation as it...
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...IRAC Briefing Content IRAC--BRIEFING CASES For this course, use the IRAC method of briefing for your weekly assignments and for your group assignments. IRAC is: I: ISSUE: What is the question the court (or you in the weekly assignments) must decide? Sometimes there may be more than one issue. 2: RULE: What is the law that the court cites to decide the case? In your individual weekly assignments (not the group assignment) you must cite a page number in your text and the rule you are citing to answer the chapter question. 3: APPLICATION: This is the application of the rule to the facts in the case. 4: CONCLUSION: What does the court actually decide? For example, does the court rule in favor of the party that filed the suit, or the defending party? In the chapter questions, you must decide who prevails. Example: Read the Singer v. Raemisch case, Exhibit 1-6, pages 23-25 in your textbook. Here is how that case might be briefed using the IRAC method. Issue: Can a prison, consistent with the First Amendment, restrict inmates’ speech, when that restriction is reasonably viewed as promoting prison security? Rule: Prison regulations that restrict inmates' constitutional rights are nevertheless valid if they are reasonably related to legitimate penological interests. Page 24. [Notice this is a general statement taken from case law or statutory law, and which would apply to any case that has similar facts.] Application: The D& D ban “bears a rational relationship” to those...
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...KELLY McCLAIN, Plaintiff and Appellant, v. OCTAGON PLAZA, LLC, Defendant and Respondent COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, 159 Cal. App. 4th 784; 71 Cal. Rptr. 3d 885; January 31, 2008, Filed FACTS: 1. McClain owns and operates business known as A+ Teaching Supplies. 2. Ted and Wanda Charanian are the principals of Octagon, which owns and operates a shopping center in Valencia, California. 3. On February 28, 2003, McClain agreed to lease commercial space in the shopping center for five years and two months. 4. The contract has an option to extend the lease for two more five-year terms. 5. The lease is a standard form agreement prepared by the American Industrial Real Estate Association. 6. Paragraph 1.2(a) of the lease says the size of the unit leased to McClain is “approximately 2,624 square feet” with a diagram attached showing this size. 7. Paragraph 2.1 states “Unless otherwise provided herein, any statement of size set forth in this Lease, or that may have been used in calculating Rent, is an approximation which the agree is reasonable and any payments based thereon are not subject to revision whether or not the actual size is more or less.” 8. Paragraph 2.4 goes on to state “Lessee acknowledges that: (a) it has been advised by Lessor… to satisfy itself with respect to the condition of the Premises… , and their suitability for Lessee’s intended use [and] (b) Lessee had made such investigation as it deems necessary with reference to such...
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...Before the 1960s, state districts had large variances in the size of the population within. Rural sparsely populated areas had the same amount of representation as dense urban areas, and this often led to rural interests dominating state legislature (McClain 2016). To combat this, the Supreme Court ruled in the 1964 Reynolds vs. Sims case that districts must have roughly equal population. While this helped balance urban versus rural issues, it left minorities in concentrated areas which reduced the number of representatives they were able to elect. One of the main ways parties in power remain in power is by gerrymandering. Gerrymandering when the administration redraws election districts to their advantage. In 1965, Congress passed the Voting Rights Act. This Act allowed the federal government to supervise elections in order to guarantee voting rights for minorities. However, the federal government was not allowed to supervise individual districts, so many state governments redivided districts to minimize the impact of an increased number of voting minorities. The states also wanted to prevent minorities, specifically Blacks and Latinos, from being elected to state legislature (McClain 2016). The Voting Rights Act has since been amended in attempts to reduce the impacts of...
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...The power of the courts could make the innocent guilty and make the guilty innocent. In 1999 on january 13 Hae’s Lee disappear. After six week her body was found. Her body was in Leakin Park.Her ex boyfriend Adnan was accused to kill her. Adnan is guilty because of his suspicions action, Cathy’s testimony and the call phone evidence. Adnan is guilty first because asking he ask for ride in the same day the hea was killed . Adnan asked hea’s for ride in the morning before his first class photography about 7:40. On episode 2 Krista was friend of Adnan and Hae lee. That day she remember that Adnan asked for ride. “Another friend called Becky remember something about the ride” Sarah Koenig. Even in Jay testimony he talk about the ride. She didn’t...
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...Developing a Public Relations Plan, Part 1 Candy Morris The Practice of Public Relations Professor Andrea Benjamin October 14th, 2015 The NFL 1. State the name of the organization and describe its mission and purpose. The nonprofit organization I chose to research is the National Football League. Mission To provide our fans, communities and partners the highest quality sports and entertainment in the world, and to do so in a way that is consistent with our values. (NFL – Careers) Purpose Every member of the NFL community embraces our unique leadership role in society and assumes the trust, character, and responsibility that comes with that role. We bring fans and communities from all walks of life together to celebrate a game that is constantly evolving, balancing the authenticity of tradition with the power of innovation. (NFL – Careers) 2. Explain in detail the facts of the event that generated the negative publicity and why this situation would create negative publicity. Adrian Peterson was supposed to play at Lambeau Field on Oct. 2. Instead, the running back is on the excused list following an indictment by a grand jury on a charge of negligent injury to a child. This case generated negative publicity because, in Texas, parents are entitled to discipline their children as they see fit, except when that discipline exceeds what the community would say is reasonable. The team disbands him the following weekend till further investigation. They...
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...Seventy Weeks of Daniel BIBL 450 Liberty University On-Line Dean Jaynes 02/08/2015 Daniel 9: 24-28 contains what many consider to be the most important prophetic scriptures in the entire bible. This passage details the prophetic chronology of Israel from the time of Daniel until the second coming of Christ. Much of Daniel’s vision of the seventy weeks can be seen in both historical and biblical events such as the rebuilding of the city of Jerusalem by decree of Artaxerxes I in 445 B. C. (Miller 1994). the triumphant entry of Jesus on the 8th of Nisan (Strong 1995), and the destruction of Jerusalem by Titus in 70 AD. It is interesting to note there is a gap in Daniel’s prophecy between the sixty-ninth and seventieth weeks. When Jesus read from the scroll in Luke 4 he only read part of the scripture “The Spirit of the Lord is on me, because the Lord has anointed me to proclaim good news to the poor. He has sent me to bind up the brokenhearted, to proclaim freedom for the captives and release from darkness for the prisoners, to proclaim the year of the Lords favor” (Isaiah 61: 1-2a NASB) and he stopped. The remainder of that scripture declares a day of vengeance of God. By not completing the scripture Jesus was saying part of the prophecy is fulfilled in your presence today and part is yet to come. The seventieth week will resume with the revealing of the Antichrist and continue until the return of Christ at his second coming. Daniel 9:24 gives us the complete prophecy...
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...Wanting Liang (Fanny) WSEM 196-002T Professor Mary Richardson 14th December 2012 Influence of The Civil Rights Movement On Black/White Marriage INTRODUCTION Nowadays, interracial marriage exists in almost the whole world and is more acceptable than it ever has been. In the United States, which now has its first biracial president-Barack Hussein Obama II. Absolute numbers tell us the fact that interracial marriage between black and white has increased -- the U.S. Census reported that there were 51,000 Black/White marital couples in 1960, which was legal in whatever many states. By 2002, it rose to 395,000 Black/White marriages (U.S. Bureau of the Census, 2004). By 2010, it grew more to 540,000 (U.S. Bureau of the Census, 2012. However, before the Civil Rights Movement of the 1960s, this would have been unimaginable. It was illegal for people with different race to marry before the Civil Rights Movement, which we called “anti-miscegenation laws”. This paper will examine how the Civil Rights Movement helped make marriages between blacks and whites and mixed-race families acceptable to society and more common. In this paper, I am going to provide the background about the Civil Rights Movement. Such as ways this movement affected Black/White marriage, and the Loving vs. Virginia (the Supreme Court Case). Then, I will introduce some family stories in biracial families during 1960s and a number of findings about Black/White marriage. At last, I will present the difference...
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...Economic question and considerations (Wesley Simmons) There is immense belief among many medical experts that stem cell research will lead to significant improvements in the quality of human life as a result of the potential it has to reduce the high and sometimes unaffordable costs of treatments for a wide range of illnesses such as stroke, heart attack, diabetes, Parkinson’s Disease, spinal cord injury, and Alzheimer’s Disease. Since stem cell research is in the infant stage, there is still uncertainty regarding its potential, therefore, any estimates regarding financial impact are really just educated projections. It would not be presumptuous to assume that stem cell research will ultimately yield favorable economic results as it relates to income, new industries, jobs, and other economic activities. Basic research is the main catalyst for the success of the pharmaceutical industry. In fact, basic research has transformed the way we live in the positive ways. Many of the technological industries began with basic research. The microchip and the internet are great examples of the enormous economical impact of basic research. Some areas of economic benefit include: the potential reduction in overall healthcare cost, in particular, the reduction in spending on Medicaid because of new stem cell therapies, potential increased revenues and jobs created by new industries as a result of breakthroughs, and state and local tax receipts. In economics, the input-output...
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...demo track originally composed by Jackson and Canadian singer-songwriter Paul Anka form the first single released from Jackson's second posthumous album, Xscape. The first version is a solo produced by American record producer John McClain and Dutch record producer Giorgio Tuinfort. The second version is a duet featuring American recording artist Justin Timberlake, produced by American record producers Timbaland and Jerome "J-Roc" Harmon. It is the second collaboration between Jackson and Anka to be released since Jackson's 2009 death (the first being "This Is It"). The single charted on number 9 in the US and on number 8 in the UK. First worked on as a demo, Jackson co-produced the song during a 1983 recording session with Anka. The original version only featured Jackson's vocals, handclaps and a piano, played by Anka. In 1984, Anka sent the song to Johnny Mathis, who recorded a new version of the song with revised lyrics by Anka and Kathleen Wakefield.[3] Mathis' version made it on his 1984 album, A Special Part of Me. In 2006, Jackson's demo leaked online. During the 2013-2014 recording sessions for the Xscape album, the song was given a revision as a disco-sounding track. The first version, which only features Jackson, was produced by John McClain and Giorgio Tuinfort and was featured as the first track on the standard version of Xscape. The second version, featured as the last track on the deluxe version of the album, was co-produced by Timbaland and Jerome "J-Roc" Harmon and...
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...Defend or Convict? Adnan Syed is Innocent By: Kirsten Persad If you listen to podcasts, then you have most likely heard of the hit series Serial. Focusing around the trial of Adnan Syed, a Baltimore teenager convicted of murdering his ex-girlfriend Hae Min Lee. Sarah Koenig carefully guides her listeners though events leading up to the conviction of Adnan Syed, serving a life sentence since 1999. Serial is This American Life’s newest and most enthralling podcast hosted by Sarah Koenig, featuring one episode per week with more insight into the story of Adnan Syed. The show offers a deep look into Adnan’s trial and the criminal justice system around him. Koenig’s superb storytelling, investigative reporting and interviews with the people involved in the trial, delivers granular details that call into question the court’s decision. Leaving listeners baffled as they tried to decide whether or not he actually did it. As the true-life mystery podcast Serial captivated millions, an appeal attempting to throw out the life sentence of the convicted murderer, at the story's center is winding its way through court. As the twelfth and final episode came to an end you can imagine the thousands left with unanswered questions, confusion as well as the astonishment and disbelief of his conviction. Syed, now 34 years old is still serving a life sentence while maintaining his innocence and having no involvement in the murder. 1. Weak Motive Although a lack of motive is a relatively small...
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...After reading this week’s assignments I am shocked and saddened by the prevalence of child abuse. According to Selekman (2013), every 10 seconds a child is reported abused or neglected and this statistic is assumed to be grossly underestimated because most cases go unreported. Moreover, “retrospective studies estimate that 20% to 25% of adult women and 5% to 15% of adult men were sexually abused as children” (Selekman, 2013, p. 1105). Additionally, I am disturbed that children are hesitant to disclose abuse because they are afraid they may be removed from their home and feel it is better for them to endure the abuse then be displaced to a safe environment. Continuing on with that fact, McClain and Garrity (2011), add that “victims do not always perceive a need to be...
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...1. Describe what accounting convergence means and assess the likelihood of the convergence being completed and implemented in the next five (5) years? Accounting convergence is a process or goal to establish one set of accounting standards that can be used internationally by attempting to eliminate the differences in the International Financial Reporting Standards (IFRS) and the US Generally Accepted Accounting Principles (US GAAP). Convergence also seeks to establish understandability amongst users and enforceable by regulators (Erchinger, Melcher, 2007). The International Accounting Standards Board (IASB) and the Financial Accounting Standards Board (FASB) have been trying to implement a global acceptable standard for financial reporting since the end of 2002 onwards (Fogarty, 2011). However to this day in 2013 the convergence of both IFRS and US GAAP has yet to be completed and implemented. The likelihood of the convergence being completely finished and implemented seems possible but yet so far as both the IASB and FASB have already been trying for ten years to get it completed despite the hurdles they have endured. In November 2007 the Securities and Exchange Commission (SEC) voted 4-0 in favor of eliminating the requirements that forces foreign companies with U.S listings to reconcile their results with to U.S GAAP therefore companies with a year end of 2007 are no longer required to follow these set of principles (Fogarty, 2011). 2. Evaluate and describe the...
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...disease, fractures, head injuries, and cerebral palsy.” (Krumhansl) Dating all the way back to 1921, the American Women's Physical Therapeutic Association was established. It was discovered mainly to help children who were battling polio. The association later changed its name to the American Physiotherapy Association (APA) in 1922. A couple of years later in the 1930’s men were allowed to join the association. ATPA grew almost to 15,000 members by the 1960’s after changing its name to the American Physical Therapy Association in 1940. To become a successful physical therapist there are a wide range of qualities that a person needs to acquire. Such as, “you have to be flexible and willing to work hard. You have to be able McClain 2 to make connections to patients that normally [physical therapists] wouldn’t, for whatever reason, because [the patients] are relying on [physical therapist] to make them better. Finding a way to relate to them is huge. The difficult thing is not to burn yourself out. These patients have a lot on their table and sometimes they will unload that burden on you. [physical therapists] have to be able to leave work at work.” (Will Murray) These are just a few things that make up a physical therapist, but the ability to connect and communicate with others is the most important. When looking into education considering the time and effort is a big deal; it gives an insight to weather pursuing this field of study is something a person...
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...Changing Unionized Labor Forever The governor of Wisconsin, Scott Walker, is faced with a $137 million budget shortfall for the fiscal year and an expected $3.6 billion gap over the next two years. He is pushing for a bill that has every union worker in an uproar. The bill will cause most state, local, and school employees to pay half their pension costs. The bill will also require them to pay double their current contribution of 12.6 percent to health-care costs. Union workers, with the exception of police, firefighters, and troopers, will lose their collective bargaining power on everything besides wages. However, raises in pay will be from the sole result of inflation. This bill will also require elections to be held every year by all non-law-enforcement unions in order to stay certified. Although not every union worker agrees with the solutions that this bill proposes to decrease the budget deficit, I believe the bill’s requirements for union workers has many key points which will be beneficial for our economy and the majority of American workers. Collective bargaining needs to be weakened in order to help save money, decrease corruption within unions, and help U.S. companies with foreign competition. There has been strong support for the decline of unions and their collective bargaining power recently. However their opposition, who are those in favor of unionized labor, in no way go unnoticed and often cause many problems for the legislation required to pass...
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