...Statement of Facts John and Nathan were dining at a local restaurant owned by Vito. John tells Nathan that he wants to terminate Nathan’s employment contract. Nathan becomes angry and shouts, “You ungrateful louse! To fire me after I built your business – without me, you’d still be a petty thief conning people on the streets!” Nathan grabs his shoulder bag off the table and proceeds to leave. John, thinking that Nathan will hit him with the shoulder bag, grabs the shoulder bag and shakes Nathan in an attempt to calm Nathan down after Nathan becomes frantic. Vito hears the commotion, runs out of his office, and sees John shaking Nathan. Vito runs over, strikes John and knocks him down. Vito takes Nathan into his office and leaves Nathan there alone. The office door automatically locks from the inside and outside and requires a key to open. Nathan sees an unlit inner stairway at the back of the office. Nathan does not dare to venture down the stairway, as he has always been afraid of unlit stairways. Nathan tries to leave the office ten minutes later after he calms down, and discovers that the door is locked and cries for help. Vito hears Nathan but gets distracted by two phone calls requesting dining reservations. After Vito finishes the calls, he returns to the office to release Nathan. Nathan sees John still in the dining room area as he storms out of the restaurant. Issue 1. Does Nathan have a claim of assault against John when Nathan did not have imminent apprehension of...
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...Alyssa Anderson PLS 300 (2): Introduction to Law and Civil Procedure Eilers v. Coy 2 F. Supp. 1093 (D. Minn. 1984) MEMORANDUM AND ORDER MacLAUGHLIN, District Judge. The plaintiff in this case, William Eilers, has moved the Court to enter a directed verdict against the defendants on his claims that the defendants falsely imprisoned him. The evidence in this case has established the following facts. The plaintiff William Eilers was abducted from outside a clinic in Winona, MN in the early afternoon of Monday, August 16, 1982 by his parents and relatives and by the defendant deprogrammers who had been hired by the parents of the plaintiff. The plaintiff was 24 years old. At the time of the abduction, Bill Eilers was a member of the religious group Disciples of the Lord Jesus Christ. There is ample evidence that this group is an authoritarian religious fellowship directed with an iron hand by Brother Rama Behera. There is also evidence that Bill Eilers’ personality, and to some extent his appearance, changed substantially after he became a member of the group. These changes were clearly of great concern to members of the plaintiff’s family. However, other than as they may have affected the intent of the parents (in the actions they took), the beliefs and practices of the Disciples of the Lord Jesus Christ should not be, and are not, on trial on this case. While leaving the Winona Clinic on August 16, 1982 the plaintiff (who was on crutches at the time due...
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...THE ACT OF NECESSITY 1 The Act of Necessity Jen T. Stunt University Of Arizona THE ACT OF NECESSITY 2 Every day technology advances leaps, and bounds causing new ethical issues. These issues necessitate the creation of new laws by Congress to keep the public safe from their personal private information being used against them unlawfully. In this Information Technology Acts Paper I will discuss two separate acts that were put in place due to such ethical issues arising. The first act is called the Video Privacy Protection Act of 1988. The second act is called The Children’s Internet Protection Act, which was enacted in 2000. The Video Privacy Protection Act of 1988 (VPPA) was passed when the Supreme Court nominee Robert Bork’s video rental records were posted for public viewing during his campaign. Robert Bork was nominated by President Ronald Reagan to serve as Supreme Court Justice. While debates ran hot over the nomination and Bork’s beliefs became a popular topic, someone leaked his video rental records to the public. There wasn’t anything practically ‘juicy’ about what he had viewed, but some tried to use it against him. This sparked the need for a law to protect him, and others from being a victim of invasion of privacy. We all have different likes when it comes to entertainment...
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...God and Man are the main reasons for the necessity of the Scriptures. The inmate behavior of the fallen man to distort an oral comprehension of the divine truth required a written revelation to teach the human generations about the complexities of the sacred Word of God. The Holy Bible is the way God made a Statement to Man about his fallen state and the Way of Redemption from that. This statement by God was a necessary, sufficient, rational and authoritative mode of Communication to generation after generation of human kind. The topic of necessity of the inscribed Word of God is unfortunately, a topic which is discussed rarely. Some theologians do talk about the necessity of the divine revelation, but that is different from the topic of the necessity of Scriptures because not all revelations are inscribed. The scribed word of God does not comprise the totality of divine revelations (John. 20:30). It is important, however for a theology student to understand the necessity behind the scriptural form of the Word of God. In order to evaluate if it was necessary that God gave the Scriptures to the man, one should understand the meaning of necessity as well as what the Scriptures itself tells about the necessity of the Scriptures. DEFINITION OF NECESSITY Dictionary defines Necessity as “the fact of being required or indispensable” which means that it is the situation that is bound by some constrained circumstances. Necessities are distinguished from wants because a deficiency...
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...Introduction As a project manager, it is important to understand change in the organization that you are working within. The necessity of projects as vehicles to accomplish an organization’s strategic goals is imperative to an organization and a project manager. A project manager must also understand the evolving changes in the world and how they can affect the way a project is managed, what change will allow for improvement, and what alternatives exist. Organizational Objectives, Goals, and Strategies to the Project Outcomes The necessity of projects as vehicles to accomplish an organization’s strategic goals is beneficial to the organizational objectives, goals, and strategies to the outcome of the project. In fact, a project should be viewed as a financial and strategic investment (Resch, 2011). In order for a company to be successful, the organizational objectives must be met with effectiveness and productivity. This is because projects are needed to accomplish goals. Without goals an organization would be short with obtaining their objectives. All projects are one-time, temporary endeavors that are meant to meet business objectives (Resch, 2011). Some examples of projects include re-designing a project, building a bridge, and upgrading to a new software release. All of these examples are important with accomplishing an organization’s strategic goals. The responsibility for the project achieving its goals does not rest solely with the project manager, but rather...
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...Warfare: An Invention— Not a Biological Necessity Margaret Mead Margret Mead writes an essay, “Warfare: An Invention-Not a Biological Necessity” to show us warfare and to summarize how warfare was invented. Throughout her essay, she writes of three different world views of warfare and how others might view it. She also shares her view on warfare and how other cultures have treated warfare. Mead shows us three different world views in this essay. The first view talks about an aggressive and competitive human nature who is down to the very basic of needs. Those who take this view Mead points out wish to outlaw war or at least find different ways of competing given that it is part of man’s nature to fight and go to war. The second view that Mead points out is that warfare is inevitable. Those who take this stance feel that there is a struggle for power and possessions unless we change our social system and completely change what we have between our lower class, middle class, and our higher class. They feel that if the classes simply disappear than there wouldn’t be any more problems. The third view that comes forth between the two major extremes is that each man’s biological determines his needs. When his needs are met because each culture had its own frustrations, war will be inevitable and natural. Moreover, Mead has her own view that she would like to share. She would like us to recognize that warfare can be between two groups as groups (and each groups fights...
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...Date: October 16, 2011 To: Lawrence J. Rogers From: Christy Verghese Re: Sleeping is a necessity Who doesn’t need sleep at some point in time? It is very important to obtain the right amount of sleep to help one function normally throughout the day and to maintain functions of the body. So even though sleep is a necessity the need for a bed is more of a luxury demand considering there are other substitutes to beds for individuals to get sleep such as futons, sofas, air mattresses, and cots. On the third quarter fiscal report for 2011 net sales were $334.1 million with a 3.8% increase from the previous quarter (see Table 1). There was an operation cost increase of $1.7 million to $37.8million. Note that the ability to provide variety is a benefit to consumers to have a choice and to provide a wide range of prices to allow a choice. There was a news release that stated that the industry is going to increase commitment to specialty bedding which in turn will provide new jobs that will lead to adding consumer loyalty through employees. The development of better beds will lead to consumers choosing a Sealy mattress versus a cross-price product like Serta or Simmons Mattresses. Appendix Quarterly Revenues - SEALY CORP (ZZ) Table 1: Sealy Corporation’s Quarterly Revenues (Bloomberg Businessweek) Annual Revenues - SEALY CORP (ZZ) Table 2: Sealy Corporation's Annual Revenues (Bloomberg Businessweek) References Bloomberg Businessweek. (2011, October 16, 2011). Sealy...
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...Essay on Lincoln Abraham Lincoln was a great man to some and other no so much. He was a very controversial figure in history and maybe the greatest man to be president during a time of civil strife. The reader needs to now a little back ground on Abraham Lincoln and who better to to it then himself. I was born Feb. 12, 1809, in Hardin County, Kentucky. My parents were both born in Virginia, of undistinguished families--second families, perhaps I should say. My mother, who died in my tenth year, was of a family of the name of Hanks.... My father ... removed from Kentucky to ... Indiana, in my eighth year.... It was a wild region, with many bears and other wild animals still in the woods. There I grew up.... Of course when I came of age I did not know much. Still somehow, I could read, write, and cipher ... but that was all. (Lincoln 1) Though Lincoln had it rough growing up he had a need and want to learn and attain knowledge and wisdom. He was a very smart person and when he became a politician he was very good was able to win support and become president. When that day came he was able to develop the republican party into a very capable organization. The civil war was a rough time for Lincoln but getting through it was one of his greatest achievements. He never would forget the men who died for this country and he sums that up very well in this quote. That we here highly resolve that these dead shall not have died in vain--that this nation, under God, shall...
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...discuss whether the doctrine of necessity is being applied adequately in the criminal law and discuss the recent decisions in these respects. In order to determine the doctrine of necessity , I would like to start with two different scenes in the recent movie, Insurgent- Divergent . On the facts of the movie, Jeanine wanted to find a divergent who is able to open the 'mystery box’. Thus, in the searching process, Eric (one of the Dauntless faction leaders) killed Uriah and a little girl who are not 100% divergence. The second situation is where Jeannie uses a threat - a simulation that causes Dauntless members to step off the roof every two days unless a Divergent (Tris) is given to the Erudite. Tris being Tris is...
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...The necessity of driving to abilene James A Wilson; Michelle Harrison Organization Development Journal; Summer 2001; 19, 2; ABI/INFORM Global pg. 99 ORGANIZATION DEVELOPMENT JOURNAL THE NECESSITY OF DRIVING TO ABILENE James A. Wilson, PhD, RODe, University of Pittsburgh, Pennsylvannia The Katz Graduate School of Business 412 South 5th Avenue Highland Park, New Jersey 08904 jawilson@katz.pitt.edu Michelle Harrison, M.D., Clinical Associate Professor of Family Medicine University of Medicine and Denistry of New Jersey On a dry, hot, 104-degree July use well before 1988 when day in Coleman, Texas, Jerry B. Harvey's book was published, Harvey, author of having been used in business The A bilene Paradox and Other Meditations on Mana gement (1988), found himself, his in-laws, and his wife driving 106 miles to Abilene to eat school classes and executive workshops. It was published earlier in Organizational Dynamics (1977) and had attracted at a cafeteria with unpalatable considerable a ttention if not food, and then back to Coleman. respect among some professors Before driving off, all had been and industrial consultants. Abilene fairly comfortable in spite of the reinforced system four, open heat, playing dominoes on a systems kinds of theory and was screened porch, fan blowing, and sometimes coupled with the Johari drinking iced lemonade. window. All of these speak to the No one...
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...Patriotism is the devotion of love and support to one’s country. Patriotism is also the defending of a country, which could mean making the ultimate sacrifice for the country. Without patriotism there would not be many thriving countries, patriotism is a necessity in the success of a country. Many people devote their lives to defending the country they live in and risk their lives doing so. Patriotism demands sacrifice and many unselfish acts that will benefit the country as a whole. Patriotism is the most valuable act in a country’s success and is the livelihood of a that country. People from all over the country are sacrificing their vacations and time off to help rebuild the city of New Orleans. Local business owners are opening their doors...
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...existed in some way, shape or form since the beginning of recorded history. The reason it still exists is that we absolutely need it for the development and progress of our society. If law were not necessary, it would have simply ceased to be applied and practiced. In the present day law plays unlimited importance in how our society is structured, stratified and regulated. In the present day, without law Canada as well as the rest of the world would decline into complete anarchy and disarray almost immediately. One such reason that we need law to maintain order is that humans are inherently a vicious and hostile being and that law and fear of punishment is required to keep these primal desires in check. Another such factor for the necessity of law is that left to themselves in a natural environment, humans need not be governed by law. However when humans participate in a society, law is required to ensure a stable and safe society for all member. This stable and safe social environment is paramount to the nurture and upbringing of humans and without it, chaos would ensue. Thirdly, while law was not required in pre-historic times, at the dawn of civilization the need for law was obvious. Law became needed due to such reasons as property and ownership, and indeed some believe this to be the very basis of all law. As well on a more general note, the very rule of law itself prevents tyranny. Without the rule of law, the strong and powerful would...
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...John Hennes History 311 March 19, 2014 Oppression or Economic/Demographic Necessity? Ancient Greco-Roman societies are discussed to this day for their amazing accomplishments in the areas of philosophy, architecture and politics. Their imprint on history is something that will likely never be reproduced. Both of these societies are recognized as patriarchal in nature, which means that there were limited opportunities for women in comparison to the western societies of today which will be discussed in Return of the Patriarchy by Phillip Longman. The best way to determine the reasons for the limitations placed on Greek and Roman women is to refer to ancient writings which capture the realities of their lives and times. It can be surmised from these writings that the limitations placed on women was not the result of lack of respect or capability but driven by necessity. The necessity of a patriarchal society in Greece and Rome was the primary factor in the limitations set on women. Phillip Longman talks about patriarchy in his article Return of Patriarchy describing it as, “a value system that not only requires men to marry but to marry women of proper station…a cultural regime that serves to keep birthrates high among the affluent, while also maximizing parents’ investment in their children…no advanced civilization has yet learned how to endure without it” meaning that the only way that Greece and Rome could have existed for as long as it did was with this system of patriarchy...
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...The proposed law can be attacked on the basis of pragmatism as ineffective. It does not even discuss, let alone define, an enforcement mechanism or penalties for non-compliance. The proposal would be an enforcement nightmare, exacerbating an already bad situation where many laws are poorly enforced in India and further undermining respect for law. Curiously, the proposal even includes a loophole. If the 2 percent allocation is not made in a given fiscal year, the CSR committee has to submit an explanation to avoid being penalized. There is no discussion of what explanations would be legally valid, opening up much room for corruption and extortion. While India has experienced rapid economic growth, the benefits of this growth have not been distributed equitably. Inequality, which was already high, has increased even more. India's Gini coefficient, the official measure of income inequality, has gone up from 0.32 to 0.38 in the last two decades. For example, about 50 percent of children in India are malnourished due to pervasive poverty. Trickle-down economics are not working. The proposed law does not go far enough in reducing inequality and helping the disadvantaged. Without a coercive enforcement mechanism, it is unlikely that the law will result in widespread compliance. In other words, “mandatory” CSR will remain largely voluntary. Many activities that companies undertake are both profitable and good for society. Companies would undertake these activities regardless of the...
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...Tsunami Evaluation Coalition (TEC) The International Community’s Funding of the Tsunami Emergency and Relief NGO Funding Denmark Rie Andersen Marina Buch Kristensen June 2006 TABLE OF CONTENTS ABBREVIATIONS AND ACRONYMS .......................................................................... II DEFINITIONS .................................................................................................................. III INTRODUCTION ................................................................................................................ 1 METHODOLOGY ...............................................................................................................3 Limitations with respect to definitions and formats...................................................... 3 GENERAL DESCRIPTION OF NGO CONTEXT IN DENMARK ............................................4 Selection of NGOs ...................................................................................................................... 5 GENERAL DESCRIPTION OF BUDGET SOURCES AND ALLOCATIONS ................................6 Allocation Sectors ....................................................................................................................... 7 Allocation Country....................................................................................................................... 8 Disbursements.......................................................................
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