General science Research Paper Example | Topics and Well Written Essays - 1250 words

General science - Research Paper Example Any stakeholder must meet environmental requirements. These include having competent personnel who are informed about quality work and health and safety regulations. This way, the construction and general engineering work environment will be safe during and after the work. Among the work regulations, there must be a provision that deals with defective work treatment during different times. These include defects during building season, at time of completion, at defects liability season and at rectification time. In a standard construction contract, there are instructions that provide for regular inspection of the building works; the testing of materials used general supervision of the construction work. Inspection of work and building material examination is catered for by contractor. This however excludes any inspection of work and testing materials that is not within the contract (Lepatner et al., 2008). Construction hazards and their causes In construction works, there are various dangers at different stages of the work. These dangers include accidents, collapse of the structures, outbreak of fires, and inhalation of dangerous gases among others. In a bid to ensure that the construction team is less prone to accidents, it is necessary to recruit qualified personnel to ensure knowledgeable persons are enrolled. Incompetent employees are more prone to accidents while working in construction sites, as there are high chances of being indulged in insecure practices. Basically, all employees should have knowledge on the basic safety procedures. Poor quality construction is a factor that may cause falling of buildings (Lepatner et al., 2008). Buildings collapse because of defects that arise in the building during the time of construction due to factors such as, the construction work being carried out in a bad practice as per that particular construction project. The contractor and his team may not be careful in ensuring good quality materials are delivered to the si te. Contractor’s inability to deal with minor defects in advance may result to the collapse of a building. Construction work of a faulty design, will definitely lead to construction of a defective building. When the strength members fail to bear load, the building collapses. In many cases the contractor is always liable for any damages that occur due to defective structures. Factors affecting compensation procedure formulation In occurrence of an accident, there is a need to compensate the victims. This has made people to come up with procedures to be followed during the compensation of the victims. Addition the cause of the accidents has to investigate to establish whether it is was out of negligence. Project management team should formulate procedures to be followed in the case of an unexpected occurrence during or after the completion the work. Depending on the stage at which a defect occurs, different procedures should be laid down already to guide on the making of the cl aims (Construction Research Congress, Ariaratnam, Rojas, Construction Institute & University of Washington, 2009). After making the claim and notifications to the relevant people, there should be a guideline on the dispute resolution procedures to be followed. It is crucial for project manager or contractor to think of consequences of defects at project beginning. At the design stage, the design team should have in mind that there is a need to

STRATEGIC OPERATIONS MANAGEMENT Essay Example | Topics and Well Written Essays - 1000 words

STRATEGIC OPERATIONS MANAGEMENT - Essay Example As mentioned above, Tesco is nothing less than a living legend since it has been able to survive for so many decades. Quite understandably, this has caught the attention many experts, professionals, and critics. They all wonder about that magic formula or approach or Tesco has, which has enabled it to fight, survive and grow. Tesco takes pride in revealing this magic formula and calls it as Tesco’s way. More importantly, this Tesco’s way was noticeable during the visit to the Magor’s distribution centre. Sophistication in technology, highly trained and capable staff to use the same, simple yet complete and spacious infrastructure, proper planning with back up plans for peak times, efforts undertaken to ensure employee satisfaction, micro management, proper communication amongst employees, acknowledgement of company’s goals by employees and others were showing a glimpse of what makes up the Tesco’s way. Without any doubts, Tesco’s operations revolve around the corporate objectives set by the top management and inherited by its founder Jack Cohen. Jack once said, â€Å"You cannot do business sitting on your ass† (Seth & Randall, pp. 212-213, 2001). Jack’s strategy was of constant hard work, innovation, change, adaptability, and openness to experience and Tesco has inherited the same from him. Constant growth, being valued by the customers, and having the most committed and loyal staff, becoming a global retailer having influence at all parts of the world and making Tesco a strong brand name even for non-food items. Moreover, for creating this value, Tesco believes that it should the understand the needs, cultures and mindset of its customers, create maximum employee satisfaction because it leads to customer satisfaction and divert all its strength, efforts, and innovation towards creating value for its customers. Another famous tagline of Tesco is

Tetrodotoxin And The Threat Of Bioterrorism Biology Essay

Tetrodotoxin And The Threat Of Bioterrorism Biology Essay The threat of bioterrorism remains a reality worldwide, although of low probability, an attack would be a high-consequence event. Microbes are available to individuals with appropriate contacts and even many low-grade bacterial pathogens can severely affect health. Toxins provide bacteria with a system of defense that is often detrimental to humans and their versatility makes them potential tools of bioterrorism. It should be remembered that the aim of terrorism is not always to kill but rather to strike fear into peoples lives. Importantly, no state can ever be fully prepared for a response and it is probable that no state ever could be. It is for this reason that biological agents are so attractive as weapons. (British Journal of Biomedical Science, 2005) Deserving of a closer look as a potential weapon of bioterrorism and as a threat to public health and safety is tetrodotoxin. Tetrodotoxin (TTX) is a potent marine neurotoxin, named after the order of fish from which it is most commonly associated, the Tetrodoniformes (tetras four and odontos-tooth), or the tetraodon puffer fish. The tetraodon puffers are equipped with four large teeth which are nearly fused, forming a beak-like structure used for cracking mollusks and other invertebrates, as well as for scraping corals and general reef grazing. (Florida State University, January, 2002) According to the New York Times, first isolated from the puffer fish, tetrodotoxin is among the most potent toxins known. It is 100 times as toxic by weight as potassium cyanide two milligrams can kill an adult human and it is not destroyed by cooking. Tetrodotoxin is found in more than just marine creatures. It is present in high concentrations in the skin of certain newts in North American and Japan, and in several kinds of frogs in Central and South America and Banglaesh. (New York Times Science, December, 2009) The flesh of the puffer fish (i.e. fugu) is considered a delicacy in Japan. It is prepared by chefs specially trained and certified by the government to prepare the flesh free of the toxic liver, gonads and skin. Despite these precautions, many cases of tetrodotoxin poisoning are reported each year in patients ingesting fugu. (Medscape CDC Commentary Series, October, 2009) From 1974 through 1983 there 646 reported cases of fugu (puffer fish) poisoning in Japan, with 179 fatalities. Estimates as high as 200 cases per year with mortality approaching 50% have been reported. (Florida State University, January, 2002) Interestingly while tetrodotoxin is found in several different branches of the animal kingdom, the tetrodotoxin found in each of these creatures is identical unlike the venoms produced by snakes and scorpions which are made up of different kinds of toxins particular to that species. The evidence suggests that these animals do make the toxin themselves. (New York Times Science, December, 2009) The toxin itself appears to be made by relatively common marine bacteria, specifically Pseudoalteromonas haloplanktis tetraodonis, which associates with these animals. Validating this theory when puffer fish are raised in aquariums with filtered, bacteria-free water, they are non-toxic and the same results are achieved when Japanese newts or Panamanian frogs are raised on special diets they lose their toxicity. These experiments validate the theory that these toxic animals obtain the toxin from the food chain. Several species of tetrodotoxin-producing bacteria have been found in puffer fish, the blue-ringed octopus, and certain small and other animals. It appears that the animals become toxic by sequestering the bacterially produced toxin in their tissues. (New York Times Science, December, 2009) The exact origin of tetrodotoxin in the food chain remains unclear. The only common dominator seems to be that tetrodotoxin producing animals are closely related to an aquatic system and the bacteria that commonly inhabit the aquatic system. (MDPI Marine Drugs, May 2008) The toxic dose is not clear because puffer fish have different concentrations of tetrodotoxin. A dose of 1-2 mg of purified toxin can be lethal. Reported cases from the Centers for Disease Control and Prevention (CDC) have documented toxicity with ingestion as little as 1.4 ounces of puffer fish. (Medscape CDC Commentary Series, October, 2009) In contrast, the botulinum toxin (Clostridium botulinum) is reported to be the most toxic substance known. If evenly dispersed for inhalation, 1 gram of pure (botulinum) toxin is sufficient to kill 1 million people. (Ryan Glarum, 2008, p. 65) Tetrodotoxin is a neurotoxin. Neurotoxin is a toxin that acts specifically on nerve cells of the nervous system, typically by interacting with membrane proteins and especially ion channels. (Knowledgerush, n.d.) Tetrodotoxin binds to the sodium channel of the nerve preventing the passage of sodium ions through the cell membrane and therefore (passage) of the nerve impulse. (CBWinfo.com, 1999) Many of the venoms and other toxins that organisms use in defense against vertebrates are neurotoxins. A common effect is paralysis, which typically onsets extremely rapidly. (Knowledgerush) The first symptom of (tetrodotoxin) intoxication is a slight numbness of the lips and tongue, appearing between 20 minutes to three hours after eating poisonous puffer fish,. The next symptom is increasing paraesthesia in the face and extremities, which may be followed by sensations of lightness or floating. Headache, epigastric pain, nausea, diarrhea, and/or vomiting may occur. Occasionally, some reeling or difficulty in walking may occur. The second state of the intoxication is increasing paralysis. Many victims are unable to move; even sitting may be difficult. There is increasing respiratory distress. Speech is affected, and the victim usually exhibits dyspnea, cyanosis, and hypotension. Paralysis increases and convulsions, mental impairment, and cardiac arrhythmia may occur. The victim, although completely paralyzed, may be conscious and in some cases completely lucid until shortly before death. Death usually occurs with in 4 to 6 hours, with a known range of about 20 minutes to 8 hours. (U.S. Department of Health and Human Services; FDA U.S. Food Drug Administration, n.d.) No specific antidote has been tested in humans. No drug has been shown to reverse the effects of tetrodotoxin poisoning. Treatment is symptomatic. Specific drug efficacy has only been documented anecdotally. (Medscape CDC Commentary Series, October 2009) Animal studies using monoclonal antibodies against TTX have been done. Monoclonal antibodies were shown to e life saving in mice treated both before and after the ingestion of a lethal dose of TTX. Further studies are needed to document the efficacy in humans. In another study using guinea pigs intoxicated with tetrodotoxin, 4-aminopyridine (a potassium channel blocker) showed dramatic improvement in respiratory, cardiac, and CNS status occurred after administration of the drug. No human studies of this drug for use in tetrodotoxin poisoning are in progress. (Medscape CDC Commentary Series, October 2009) No specific laboratory test confirms tetrodotoxin ingestion exits; thus dietary history is key for diagnosis. Tetrodotoxin poisoning can be misdiagnosed as one of many differential diagnoses including: gastroenteritis, Guillain-Barre Syndrome, 1st, 2nd and 3rd degree heart blockage, hypocalcemia, Lambert-Eaton Myasthenic Syndrome, myasthenia gravis, octopus envenomations, and ciguatera, scombroid and shellfish toxicity. Since tetrodotoxin is produced from bacteria, there is a risk that the toxin could be manufactured on a significant scale by fermentation. (CBWinfo.com, 1999) Tetrodotoxin is a colorless crystalline solid that darkens when heated about 428 ° F or 220 ° C. (CDC National Institute for Occupational Safety and Health, n.d.) Relatively is little is known about tetrodotoxin as a possible toxin weapon although the Japanese did some work its weaponization in Unite 731 during World war II. It is included on the Australia Group lists by reason of its toxicity. It is not known to be made in large quantities that could be used in weapons and little or nothing is know about its inhalation toxicity. (CBWinfo.com, 1999) ( NOTE: The Australia Group (AG) is an informal forum of countries which, through the harmonization of export controls, seeks to ensure that exports do not contribute to the development of chemical or biological weapons. Coordination of national export control measures assists Australia Group participants to fulfill their obligations under the Chemical Weapons Convention and the Biological and Toxin Weapons Convention to the fullest extent possible.) (The Australia Group, n.d.) The National Institute for Occupational Safety and Health (NIOSH) offers insight into the various methods tetrodotoxin could be disseminated and the feasibility of each method. For example, dissemination through indoor air, outdoor air or water is extremely unlikely because the source of the toxin is living organisms and to manufacture tetrodotoxin in appreciable quantities is extremely difficult. And, since tetrodotoxin is unlikely to be disseminated in the air, it is also unlikely to be disseminated through agricultural products. Ingestion does seem the most likely source of dissemination. Exposure to tetrodotoxin usually occurs through eating improperly prepared fish or possibly through contamination of other food products. (CDC National Institute for Occupational Safety and Health, n.d.) According to NIOSH, there is no antidote for tetrodotoxin toxicity and initial treatment is primarily supportive. In 2007 two individuals developed symptoms consistent with tetrodotoxin poisoning after ingesting home-cooked puffer fish purchased in Chicago. Both the retailer and supplier claimed the product was monkfish. High levels of tetrodotoxin were detected in the remains of the ingested meal and fish retrieved from the contaminated shipment. This case of tetrodotoxin poisoning highlights the need for continued stringent regulation of puffer fish importation by the U.S. Food and Drug Administration, education of the public regarding the dangers of puffer fish consumption, and raising awareness among medical providers of the diagnosis and management of foodborne toxin ingestions and the need for reporting to public health agencies. (PubMed U.S. National Library of Medicine National Institute of Health, 2009) Currently tetrodotoxin is manufactured by several specialized biotech companies. CHEMTE Biotech Company, LTD located in Nanjing, Jiangsu, China specializes in the manufacture of tetrodotoxin. According to CHEMTE Biotechs website, after ten years research and development, we have achieved extensive isolation and purification of TTX based on the abundant resource in our area. We founded the TTX production base in the world with annual product (sic) is more than 1000g. (CHEMTE Biotech Company, Ltd., n.d.) Through the use of their technology process CHEMTE has raised production rate and product quality of TTX up to the worlds highest level. CHEMTE boasts that their customers in many countries find their purity is higher than their own pure products. Currently in the European market, TTX from CHEMTE is sold as the standard product. (CHEMTE Biotech Company, Ltd., n.d.) The China Kantte Bio-Chemical company located in Shanghai, China produces tetrodotoxin extracted from puffer fish in large scale, and purified close to 100% by high-performance liquid chromatograph (HPLC) and capillary electrophoresis. (China Kantte Bio-Chemical, n.d.) While it is possible to procure TTX for research as a potential pain therapeutic and medicine for opium withdrawal symptoms, its purchase is limited to researchers and scientistsà ¢Ã¢â€š ¬Ã‚ ¦.just ask Edward F. Bachner IV of Lake Hills, Illinois. On August 26, 2008 a federal grand jury in Rockford, Illinois returned a ten-count indictment charging him with unlawfully acquiring and possessing tetrodotoxin, on five separate occasions between November 7, 2006 and June 30, 2008. Five of the counts allege that on five separate occasions, Bachner acquired tetrodotoxin in order to use it as a weapon. Bachner possessed tetrodotoxin in a quantity that was not reasonable justified by a prophylactic, protective, bona fide research, or other peaceful purpose. If convicted of acquiring TTX to use as a weapon, Bachner could be sentenced to a maximum penalty of life imprisonment. (U.S. Department of Justice, 2008) As a fun aside, during my research I came across an interesting article about the use of tetrodotoxin and folklore surrounding creation of zombies. In eight samples of zombie powder collected from four regions of Haiti all appeared to have four ingredients in common: 1) one or more species of puffer fish which contained tetrodotoxin, 2) a toxic marine frog, 3) a hyla tree frog which secretes an irritating substance, and 4) human remains. (Strayer University, n.d.) According to some theories a person poisoned with Haitian zombie powder regains consciousness either while in the coffin or shortly after being removed from it and therefore, think they have died and are now a zombie. (How Stuff Works, n.d.) When analyzing an agent as a potential biological agent for use as a weapon of bioterrorism one must examine certain attributes as they apply to that specific agent. Some of these attributes include ease of dissemination, route of entry, morbidity, mortality, infectivity, potential for contagion, potential for panic and social disturbance, and the impact on public health and public health preparedness. The most efficient route of entry for tetrodotoxin would be ingestion either through consumption of the toxin itself or the consumption of other food products tainted with tetrodotoxin. Because ingestion is the favored route of entry, tetrodotoxin does not lend itself for use as a weapon that is easily disseminated or for use as a bioterrorism weapon. Tetrodotoxin does have some potential use as a target specific biological weapon. Bioterrorists could use tetrodotoxin for targeted victims, such as political figures, world leaders or small contingents of military forces. Even for use on targeted specific victims tetrodotoxin is not be easily disseminated. Tetrodotoxin poisoning would require the introduction of the toxin directly into a food or liquid source ingested by the target. Ingestion as a route of entry makes tetrodotoxin not easily disseminated. Morbidity rates are 100% for tetrodotoxin poisoning; rarely will ingestion of tetrodotoxin contaminated food leave the victim unscathed as evidenced by the number of fugu poisoning cases recorded in Japan each year. Tetrodotoxin with its high morbidity rate could be considered as a weapon for bioterrorism. Infectivity rates for tetrodotoxin are 100%. Another fact influencing the high morbidity rate of tetrodotoxin poisoning is the possibility it can easily be mistaken for one of many differential diagnoses. Patients presenting with tetrodotoxin poisoning could easily be misdiagnosed especially if a valid dietary history is unavailable or overlooked. Mortality rates for tetrodotoxin are difficult to establish; anecdotal reports suggest 50-60% mortality, even with good supportive care. One report suggests that prognosis is good if the patient survives the first 24 hours. (Medscape CDC Commentary Series, October 2009) The same cannot be said for biological agents like plague. In the pneumonic form plague is almost 100% fatal without immediate medical attention. (Ryan Glarum, 2008) A biological weapon with only a possible 50-60% mortality rate would probably not be perceived as an effective weapon of bioterrorism. Unlike some other biological agents that lend themselves to inhalation or person-to-person transmission, tetrodotoxin poisoning is transmitted only through ingestion of the toxin. It does not have the potential as a weapon of bioterrorism because transmission is limited to persons ingesting the toxin. Tetrodotoxin poisoning offers no potential threat for contagion in terms of an epidemic or pandemic. The bacteria are contained within the host organism. Tetrodotoxin poisoning could certainly create panic and social disturbance, especially if the targeted victims were persons of political or military importance. There could also be public panic caused by the concern as to the nature, origin and location of the toxin. To be considered as a potential weapon of bioterrorism the biological agent would need to: 1) be easily disseminated or transmitted, 2) cause high mortality, 3) severely affect the public health, 4) cause public panic and social disruption, and 5) require special action for public health preparedness. Overall, while tetrodotoxin is a lethal neurotoxin with: 1) a high level of morbidity, 2) moderate level of mortality, 3) a difficult dissemination method, 4) ingestion as the route of entry, 5) no transmission qualities, 6) no likelihood of contagion and 7) unlikely to cause panic or social disruption, in my opinion it would not be useful as a biological weapon of mass destruction. In my opinion tetrodotoxin has some modest potential as a limited bioterrorism agent in special circumstances. Tetrodotoxin does not meet all the necessary criteria to be considered as a biological agent capable of causing severe damage to the health and safety of the public.

Young Offenders Act In Canada :: essays research papers fc

Young Offenders Act in Canada   Ã‚  Ã‚  Ã‚  Ã‚  The subject of young offenders in our troubled society has been one that has generated many hours of thought and meditation for concerned members. It is felt by many that the change needed in the area of delinquency within the First Nations culture is to overcome the effects of colonization and this must begin with the youth. It is with the youth that the future of the culture lies.   Ã‚  Ã‚  Ã‚  Ã‚  There has been extensive research done in this area and although much of the material is not directed at one specific culture in society, the facts remain that it is a problem that is growing in epidemic proportions. Many of the programs that exist in society today do not address the problems associated with young offenders of specific cultures. Although the trend is moving in a direction that addresses programs for specific cultural groups much more emphasis must be put on these programs.   Ã‚  Ã‚  Ã‚  Ã‚  For First Nations youth that are locked into the juvenile system, there must be alternative treatment programs made available that deal with the problems associated with the colonization process that generations of First Nations people have been subjected to. The process of decolonization will only be achieved through education, understanding, and perseverance, and this can only be achieved by First Nations people working with First Nations people.   Ã‚  Ã‚  Ã‚  Ã‚  As indicated earlier much research has been done on the problems associated with young offenders and the current treatment programs. In the following research some of the most recent and important pieces have been used and to eliminate repetition much has been deemed unnecessary. Bibliography Cooke, David J., Baldwin, Pamela J., Howison, Jacqueline. (1990).   Ã‚  Ã‚  Ã‚  Ã‚  Psychology in Prisons. London: Routledge.   Ã‚  Ã‚  Ã‚  Ã‚  In the second chapter of this book the authors explain in detail the psychology of criminal behavior and how it develops at a young age. Early environment of the adolescent, along with socio-economic status of the young offenders are but a few of the possibilities explored in this book. The authors explore the many influences that can shape the lives of young people, the influences of feelings and thoughts, others behavior, and surroundings, are all thought to shape the minds of the young offender. This publication will be primarily used to explore the history and causes of the subject of young offenders. Davidson II, William S., Rednor, Robin,. (1990). Alternative Treatments for Troubled Youth: The Case of Diversion From The Justice System. New York: Plenum Press.   Ã‚  Ã‚  Ã‚  Ã‚  This publication presents the findings of a research study done on alternative interventions with delinquent youth. The authors goal in writing this book was to describe an alternative intervention model and to examine its

Judicial review

We repeat these answers here as a convenience to you. IA Judicial review The courts can decide whether the laws or actions of the legislative and executive branches of government are constitutional. The process for making this determination is judicial review.The doctrine of judicial review was established in 1803 when the United States Supreme Court decided Mammary . Madison. AAA Jurisdiction To hear a case, a court must have jurisdiction over the person against whom the suit is brought or over the property involved in the suit. The court must also have jurisdiction over the subject matter. Generally, courts apply a â€Å"sliding-scale† standard to determine when it is proper to exercise jurisdiction over a defendant whose only connection with the jurisdiction is the Internet. A Trial and appellate courts A trial court is a court in which a lawsuit begins, a trial takes place, and evidence is presented. An appellate court reviews the rulings of trial court, on appeal from a j udgment or order of the lower court. AAA Discovery Discovery is the process of obtaining information and evidence about a case from the other party or third parties. Discovery entails gaining access to witnesses, documents, records, and other types of evidence. Electronic discovery differs in its subject-?that is, e-media rather than traditional sources of information, such as paper documents. A Alternative dispute resolution The traditional method of resolving a legal dispute is through litigation. Alternative methods include negotiation, mediation, and arbitration. In negotiation, the parties attempt to settle their dispute informally without the involvement of a third party acting as mediator. In mediation, the parties attempt to come to an agreement with the assistance of a neutral third party, a mediator, who does not, however, make a decision in the dispute. In arbitration, a neutral third party or a panel of experts hears a dispute and renders a decision.Answers to Critical T hinking Questions in the Features Beyond Our Borders-?critical Thinking (Page 76) One of the arguments against allowing Shari courts in the United States is hat We would no longer have a common legal framework within our society. Do you agree or disagree? Why? Arguments in favor of allowing Shari courts-?or at least permitting the application of Shari principles in disputes in U. S. Courts or in alternative methods of dispute resolution-?include the legal and cultural principle of giving effect to agreements.If the parties to a dispute have agreed to a certain set of standards to govern their situation, those standards could be applied. This would not undercut our common legal framework, but reinforce it. Arguments against allowing Shari courts or reminisces in the United States would most likely center on the conflicts between Shari tribunals and standards and state or federal authority, governmental bodies, or law. Adapting the Law to the Online Environment-?critical Thinking (Pag e 83) How might a large company protect itself from allegations that it intentionally failed to preserve electronic data?A corporation might defend against charges of intentional destruction or loss of data by showing, for example, that the absence is due to the implementation of a policy to periodically purge electronic systems. Such charges might be avoided by not destroying he data but instead storing it. Questions in the Cases Case 3. 1 -?Critical Thinking (Page 69) Ethical Consideration Was it fair for the North Carolina courts to require a New Jersey company to litigate in North Carolina? Explain. Yes, it was fair to require Independence to litigate in North Carolina.The courts ruling did not offend â€Å"traditional notions of fair play and substantial justice† because Independence purposely availed itself of the privilege of doing business in North Carolina. Independence had engaged in numerous transactions with Southern for a year and had billed Southern for services in amounts totaling ore than $21,000. Therefore, Independence should have expected to be hailed into court in North Carolina in the event of a dispute. Case 3. 2-?What If the Facts Were Different? Page 73) Suppose Gucci had not presented evidence that the defendant made one actual sale through his Web site to a resident of the court's district (the private investigator). Would the court still have found that it had personal jurisdiction over Hugging? Why or why not? The single sale to a resident of the district, Gucci private investigator, helped the plaintiff establish that the defendant ‘s Web site was interactive and that the defendant used the Web tit to sell goods to residents in the court's district.It is possible that without proof of such a sale, the court would not have found that it had personal jurisdiction over the foreign defendant. The reason is that courts cannot exercise jurisdiction over foreign defendants unless they can show the defendants had minimum conta cts with the forum, such as by selling goods within the forum. Case 3. 3-?Critical Thinking (Page 90) gal Consideration How would business be affected if each state could pass a statute, like the one in Texas, allowing parties to void out-of-state arbitration?If all states could pass statutes like the one in Texas, many parties would probably be less inclined to transact business. An arbitration provision allows a party to limit the burden and expense of settling any disputes. If another party could freely void such an agreement, there would be a greater risk of arbitration in an inconvenient forum, costly formal litigation, or both. That risk increases the perceived costs of doing business, making the business opportunity less attractive. Thus, many parties may decline to enter contracts without enforceable arbitration provisions.Answers to Questions in the Reviewing Feature t the End of the Chapter IA. Federal jurisdiction The federal district court can exercise jurisdiction in th is case because the case involves diversity of citizenship. Diversity jurisdiction requires that the plaintiff and defendant be from different states and that the dollar amount of the controversy exceed $75,000. Here, Garner resides in Illinois, and Foreman and his manager live in Texas. Because the dispute involved the promotion of a series of boxing matches with George Foreman, the amount in controversy likely exceeded the required threshold amount. A. Original or appellate jurisdiction Original jurisdiction, because the case was initiated in that court and that is where the trial will take place. Courts having original jurisdiction are courts of the first instance, or trial courts-?that is courts in which lawsuits begin, trials take place, and evidence is presented. In the federal court system, the district courts are the trial courts, so the federal district court has original jurisdiction. AAA. Jurisdiction in Illinois No, because the defendants lacked minimum contacts with the state of Illinois.Because the defendants were located out of the state, the court would eave to determine whether they had sufficient contacts with the State for the Illinois to exercise jurisdiction based on a long arm statute. Here, the defendants never came to Illinois, and the contract that they are alleged to have breached was not formed in Illinois. Thus, it is unlikely that an Illinois state court would find that sufficient minimum contacts existed to exercise AAA. Jurisdiction in Nevada Yes, because the defendants met with Garner and formed a contract in the state of Nevada.A state can exercise jurisdiction over out-of-state defendants under a long arm statute if the defendants had sufficient contacts with the State. Here, the parties met and negotiated their contract in Nevada, and a court would likely hold that these activities were sufficient to justify a Nevada courts exercising personal jurisdiction. Answer to Debate This Question in the Reviewing Feature at the End of the Chapter In this age of the Internet, when people communicate via e-mail, tweets, Backbone, and Keep, is the concept of jurisdiction losing its meaning?Many believe that yes, the idea of determining jurisdiction based on individuals' and companies' physical locations no longer has much meaning. Increasingly, entrants are formed via online communications. Does it matter where one Of the parties has a physical presence? Does it matter where the e-mail server or Web page server is located? Probably not. In contrast, in one sense, jurisdiction still has to be decided when conflicts arise. Slowly, but ever so surely, courts are developing rules to determine where jurisdiction lies when one or both parties used online systems to sell or buy goods or services.In the final analysis, a specific court in a specific physical location has to try each case. Answers to Issue Spotters in the Example Feature at the End of the Chapter IA Sue contracts with Tom to deliver a quantity of computers to Cue's Computer Store. They disagree over the amount, the delivery date, the price, and the quality. Sue files a suit against Tom in a state court. Their state requires that their dispute be submitted to mediation or nonbinding arbitration. Fifth dispute is not resolved, or if either party disagrees with the decision of the mediator or arbitrator, will a court hear the case?Explain. Yes. Submission of the dispute to mediation or nonbinding arbitration is mandatory, but compliance with the decision Of the mediator or arbitrator is voluntary. A At the trial, after Sue calls her witnesses, offers her evidence, and otherwise presents her side of the case, Tom has at least two choices between courses of actions. Tom can call his first witness. What else might he do? Tom could file a motion for a directed verdict. This motion asks the judge to direct a verdict for Tom on the ground that Sue presented no evidence that would justify granting Jan relief.The judge grants the motion if there is insufficient evidence to raise an issue of fact. Answers to Questions and Case Problems Business Scenarios and Case Problems 3-1 A Standing to sue (BELT page 73) This problem concerns standing to sue. As you read in the chapter, to have standing to sue, a party must have a legally protected, tangible interest at stake. The party must show that he or she has been injured, or is likely to be injured, by the actions of the party that he or she seeks to sue. In this problem, the issue is whether the Turns had been injured, or were likely to be injured, by the county's landfill operations.Clearly, one could argue that the injuries that the Turns complained of directly resulted from the county's violations of environmental laws while operating the landfill. The Turns ivied directly across from the landfill, and they were experiencing the specific types of harms (fires, scavenger problems, groundwater contamination) that those laws were enacted to address. Thus, the Turns would have st anding to bring their suit. 3-?AAA Question with Sample Answer-?jurisdiction Marry can bring suit in all three courts. The trucking firm did business in Florida, and the accident occurred there.Thus, the state of Florida would have jurisdiction over the defendant. Because the firm was headquartered in Georgia and had its principal place of business in that state, Marry could also sue in a Georgia court. Finally, because the amount in controversy exceeds $75,000, the suit could be brought in federal court on the basis of diversity of citizenship. 3-AAA Discovery (BITE pages 81-82) Under the work-product rule, attorneys are allowed to protect information that they have gathered as a result of their own skill and diligence.For example, an attorney for a party involved in an auto accident can go out to the scene of the accident and observe the fact that there is a stop sign missing without being under any obligation to divulge such information to his opponent in the lawsuit. Similarly, an attorney who discovers a recently ecocide case decision supporting his or her theory is under no obligation to share this discovery with the opposing attorney. If attorneys had to share everything, they would be less inclined to expend efforts on behalf of their clients because, in essence, they would be working for both sides at once. -?AAA Case Problem with Sample Answer-?Arbitration Based on a recent holding by the Washington state supreme court, the federal appeals court held that the arbitration provision was unconscionable (see page 296 in Chapter 1 1) and therefore invalid. Because it was invalid, the restriction on class-action suits was also invalid. The state court reasoned that by offering a contract that restricted class actions and required arbitration, the company had improperly stripped consumers of rights they would normally have to attack certain industry practices.Class-action suits are often brought in cases of deceptive or unfair industry practices when the lo sses suffered by an individual consumer are too small to warrant a consumer suing. In this case, the alleged added cell phone fees are so small that no one consumer would be likely to litigate or arbitrate the matter due to the expenses involved. Because the arbitration agreement eliminates the usability of class actions, it violates public policy and is void and unenforceable. 3-AAA Venue The purpose behind most venue statutes is to ensure that a defendant is not â€Å"hailed into a remote district, having no real relationship to the dispute. The events in dispute have no connection to Minnesota. The Court stated: â€Å"Looked at through the lens of practicality-?which is, after all, what [the venue statute] is all about-?Nestsg's motion can really be distilled to a simple question: does it make sense to compel litigation in Minnesota when this state bears no relationship to the parties or the underlying events? ‘ The court answered no to this simple question. The plaintiff resides in South Carolina, her daughters injuries occurred there, and all of her medical treatment was provided (and continues to be provided) in that state.South Carolina is the appropriate venue for this litigation against Nests to proceed. 3-AAA Arbitration (BELTS page 85) Arbitration can be compelled under a contracts arbitration clause as long as a dispute involves matters covered by the contract provision. In the set of facts in this problem, the terms of the parties' contract are central to the resolution of their dispute. Under the contract, all claims that PRM has against Premiering go to arbitration because the arbitration clause covers â€Å"all disputes. † That includes allegations of fraud and theft.Such matters can be resolved by arbitration. In the actual case on which this problem is based, the court ruled that PRM had to take all complaints about Premiering to arbitration. On appeal, the U. S. Court of Appeals for the Eighth Circuit affirmed this ruling. 3-A AA Spotlight on National Football-?Arbitration An arbitrator's award generally is the final word on the matter. A court's review of an arbitrator's decision is extremely limited in scope, unlike an appellate court's review oaf lower court's decision.A court will set aside an award only if the arbitrator's conduct or â€Å"bad faith† substantially prejudiced the rights of one of the parties, if the award violates an established public policy, or if the arbitrator exceeded her or his powers. In this problem, and in the actual case on which this problem is based, the NAP argued that the award was contrary to public policy because it required Matthews to forfeit the right to seek workers' compensation under California law. The court rejected this argument, because under the arbitrators award Matthews could still seek workers' compensation under Tennessee law.Thus, the arbitration award was not clearly contrary to public policy. 3-?AAA Minimum contacts (BITE pages 66-68) No. This statement alone was insufficient to establish that Illinois did not have jurisdiction over the defendant. The court ruled that Med-Express failed to introduce factual evidence proving that the Illinois trial court lacked personal jurisdiction over Med-Express. Med-Express had merely recited that it was a North Carolina corporation and did not have minimum contacts with Illinois. Med-Express sent a letter to this effect to the clerk of Cook County, Illinois, and to the trial court judge. But that was not enough.When a judgment of a court from another state is challenged on the grounds of personal jurisdiction, there is a presumption that the court issuing the judgment had jurisdiction until the contrary is shown. It was not. 3-?AAA A Question of Ethics-?Agreement to arbitrate 1. This is very common, as many hospitals and other health-care provides have arbitration agreements in their contracts for services. There was a valid contract here. It is presumed in valid contracts that arbit ration clauses will be upheld unless there is a violation of public policy. The provision of medical are is much like the provision of other services in this regard.There was not evidence of fraud or pressure in the inclusion of the arbitration agreement. Of course there is concern about mistreatment of patients, but there is no reason to believe that arbitration will not provide a professional review of the evidence of what transpired in this situation. Arbitration is a less of a lottery that litigation can be, as there are very few gigantic arbitration awards, but there is no evidence of systematic discrimination against plaintiffs in arbitration compared to litigation, so there may not be a major ethical issue. . McDaniel had the legal capacity to sign on behalf of her mother.Someone had to do that because she lacked mental capacity. So long as in such situations the contracts do not contain terms that place the patient at a greater disadvantage than would be the case if the pati ent had mental capacity, there is not particular reason to treat the matter any differently. Critical Thinking and Writing Assignments 3-AAA Business Law Critical Thinking Group Assignments 1. The statute violates litigants' rights of access to the courts and to a jury trial because the imposition of arbitration costs on those who improve their sections by less than 10 percent on an appeal is an unreasonable burden.And the statute forces parties to arbitrate before they litigate-?an added step in the process of dispute resolution. The limits on the rights of the parties to appeal the results Of their arbitration to a court further impede their rights Of access. The arbitration procedures mandated by the statute are not reasonably related to the legitimate governmental interest of attaining less costly resolutions of disputes. 2. The statute does not violate litigants' constitutional right of access to the courts because it provides the parties tit an opportunity for a court trial in the event either party is dissatisfied with an arbitrator's decision.The burdens on a person's access to the courts are reasonable. The state judicial system can avoid the expense of a trial in many cases. And parties who cannot improve their positions by more than 10 percent on appeal are arguably wasting everyone's time. The assessment of the costs of the arbitration on such parties may discourage appeals in some cases, which allows the courts to further avoid the expense of a trial. The arbitration procedures mandated by the statute are reasonably related to the estimate governmental interest of attaining speedier and less costly resolution of disputes. . The determination on rights of access could be different if the statute was part of a pilot program and affected only a few judicial districts in the state because only parties who fell under the jurisdiction of those districts would be subject to the limits. Opponents might argue that the program violates the due process of th e Fifth Amendment because it is not applied fairly throughout the State. Proponents might counter that parties who object to an arbitrator's decision have an opportunity to appeal it to a court.Opponents might argue that the program exceeds what the state legislature can impose because it does not reasonably relate to a legitimate governmental objective-?it arbitrarily requires only litigants who reside in a few jurisdictions to submit to arbitration. Proponents might counter that this is aimed at the reduction of court costs-?that the statute rationally relates to a legitimate governmental end. An equal protection challenge would most likely be subject to a similar rational basis test. Under these and other arguments, the reduction of court costs would be a difficult objective to successfully argue against.

American Revolution and William Byrd Essay

1. How did William Byrd’s life in Virginia reflect British influences? How did it reflect American characteristics? (Mention pertinent customs, interests, institutions, and objects.) 2. In view of William Byrd’s great wealth and influence in Virginia, why didn’t he simply stay in America? 3. In what respects was colonial Virginia an aristocratic society? In what respects was it democratic? 4. The author suggests that in England, William Byrd was something of a gadabout, whereas in America his life was more stable and constructive. In what ways do Byrd’s vocational, intellectual, and sexual activities support this argument? 5. This chapter describes several levels of authority in colonial Virginia. Describe the distribution of power in each of these relationships: husbands and wives, masters and slaves, local gentry and average colonists, Virginia and England. 6. William Byrd’s career reveals both the satisfaction and the frustration of being a British American. In what ways were the two identities compatible? In what ways did they come into conflict? â€Å"Reform in Early America: John Woolman on Goodness and Greed† 1.What were the principal beliefs of the early Quakers, and why were they persecuted? 2.What were the customs and practices in the colonies that John Woolman particularly condemned? What did these behaviors have in common? 3.What did John Woolman mean by the words â€Å"scramble† and â€Å"cumber,† and why did he condemn both? What did he mean by the â€Å"inner plantation†? 4.According to William Penn, what is the essence of a good marriage—and what force is most likely to undermine true love? 5. Why did John Woolman write: â€Å"the seeds of great calamity and desolation are sown and growing fast on this continent†? â€Å"Divided Loyalties: Jonathan Boucher and the Pre-Revolutionary Crisis† 1. What were Jonathan Boucher’s main criticisms of America in his early years as a colonist? What did he like about America? 2. In what ways did Boucher contribute to colonial society and education while he was in America? 3. Like the Patriots, Jonathan Boucher opposed the Stamp Act—why? 4. What was Boucher’s position on the questions of bishops and clerical salaries? How did his thinking on these issues influence his relationship to the Revolutionary movement? 5. Why did Jonathan Boucher leave America? How did other people treat him in his final months in the colonies? 6. What was the Lockean view of government? In what ways did Boucher support it? What was the philosophical basis of his opposition to the Revolution? 7. What did Jonathan Boucher mean when he argued that liberty is merely a â€Å"phantom†Ã¢â‚¬â€a â€Å"magical and misleading word†? 8. Were the Patriots justified in driving Jonathan Boucher into exile? Should they have allowed Tories the same liberty they demanded for themselves? â€Å"The American Revolution, 1776: The Continental Army in the Year of Independence† 1.The author claims that American independence did not become a reality on July 4, 1776. In what ways was America still subordinate to Britain after Independence Day? 2. For what reasons did people join and desert the Continental army? 3. What were George Washington’s principal accomplishments and weaknesses as a military leader in 1775–1776? 4. Why was Washington â€Å"wearied to death† in 1776? 5. Describe the contribution of each of these persons to the Revolutionary War: Nathanael Greene, Joseph Hodgkins, Joseph Plumb Martin, Nathan Hale, Lydia Minturn Post, and Thomas Paine. 6. How did each of the following contribute to American independence: the rhetoric of Nathan Hale and Thomas Paine and the victories of the Continental army at Trenton and Princeton? 7. In 1776 Americans took pride in being a small nation that fought bravely against a larger nation. America is now one of the most powerful nations in the world, but can you see evidence in our statesmanship of a tendency to associate ourselves with smaller, â€Å"oppressed†