...LEADING TO THE CASE 6 STATEMENT OF ISSUES 7 ISSUE 1 7 SUMMARY OF PLEADINGS 8 PLEADINGS 8 PRAYER FOR RELIEF 16 ABBREVIATIONS 1. & - And 2. AC - Appeal Cases 3. AIR - All India Reporter 4. All. E.R. - All England Law Reports 5. Anr. - Another 6. App. - Appeal 7. Art. - Article 8. Bom. - Bombay 9. Co. - Company 10. Cr. - Criminal 11. DC - District Court 12. Ed. - Edition 13. Hrs - Hours 14. IT - Information Technology 15. Ltd. - Limited 16. NLJ - National Law Journal 17. Ors. - Others 18. P. - Page 19. Para. - Paragraph 20. Pvt. - Private 21. SC - Supreme Court 22. SCC - Supreme Court Cases 23. SCR - Supreme Court Reporter 24. SCR - Supreme Court Reporter 25. Sec. - Section 26. V. - Verses 27. Vol. - Volume 28. WLR - Weekly Law Reports Index Of Authorities STATUTES 1. Information Technology Act, 2000 2. The Constitution of India WEBSITES 1. www.manupatra.com 2. www.Indiankanoon.com BOOKS 1. Bakshi P.M., The Constitution of India, Universal Law Publishing Co. New Delhi 2011 edition 2. Basu Durga...
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...IN#THE#SUPREME#COURT#OF#THE#STATE#OF#DELAWARE# # # PRAISE#VIDEO,#INC.,#A#DELAWARE#CORPORATION,# :# JACOB#BISSINGER,#FRANCIS#PENNOCK,# # :# PETER#HORNBERGER,#NEW#HOPE# # # :# PUBLISHING#CO.,#AND#PRAISE#NEW### # :# HOPE#CORP.,# # # # # # :# :# :# :# # No.#162,#2013# :# :# Defendants#Below,# :# Appellants,## # :# :# v.# # # # :# :# :# MERCER#CHRISTIAN#PUBLISHING#CO.#AND# # :# SUSAN#BEARD,#### # # # # :# :# :# Plaintiff#Below,## :## # Court#Below:# Appellee.### # :## # Court#of#Chancery#of## :# # the#State#of#Delaware## :## :## # C.A.#No.#8974VCD# # # # # # _________________________________________________________________# # # _________________________________________________________________# # # # # Team#W# Attorneys#for#Appellee# February#7,#2014# # # # # # Table#of#Contents# TABLE#OF#CITATIONS# ................................................#iii# . NATURE#OF#PROCEEDINGS# ...............................................#1# . SUMMARY#OF#ARGUMENT# .................................................#2# . COUNTERSTATEMENT#OF#FACTS# ...........................................#3# . ARGUMENT# ............................................................#6# . I. THE# COURT# OF# CHANCERY# PROPERLY# ISSED# A# PRELIMINARY# INJUCTION# BECAUSE# PLAINTIFFS# DEMONSTRATED# A# REASONABLE# PROBABLITY# OF# SUCCESS# ON# THE# MERITS# CONCERNING# THE# MERGER# OF# PRAISE# VIDEO# WITH#NEW#HOPE#PUBLISHING#COMPANY## ...........................#6# A. Question#Presented#.....................................
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...Miracle In The Andes Summary The Miracle In The Andes is a novel by Nando Parrado, and it is a real story happened in the 13th of the October in 1972. The novel talking about the Fairchild, an Uruguayan plane crashed in the Andes. The passengers on the plane were 45, and many of them were from the Old Christian rugby team include some of their family members. In the crash 40 members had survived from 45, and by the time they spend it on the Andes the number had reduced to 16. The novel also talking about the horrors they faced on the mountain like the cold, the lack of food and water, nevertheless; they experienced the death of their friends and family members. They learned many treks to keep them alive on the Andes, they learned how to stay warm, they melted the snow to drink and they ate the dead bodies flesh to survive from starvation. They tried desperately to climb the mountain, but their attempt failed. Nando Parrado did not want to die on the Andes like one of his friends, so he decided to climb. Even though he was afraid to face the Andes, but he made his destination to the west. Ten days after all the horrors, he and with two of his teammate found their way into the mountains. After they arrived home, Nando back to his normal life again, and he attained the promise that he made to himself that he will meet his father again, and he will enumerate how his Mom and Susy died on the Andes. Vocabulary P. 76 1. Claustrophobic: Uncomfortably closed or hemmed...
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...Unit 7 Assignment: Keycite for Current Information Kaplan University PA201-04 Legal Research February 5, 2012 The ability to Keycite primary and secondary sources of law is a very important tool provided by the Westlaw database. With this tool, the ability to know whether a law is still “good law” is very simple to do. Keycite can also be used to find other sources of law that can be helpful to the case we are researching, making it a valuable multipurpose program in Westlaw. It can narrow results using West's digest topics and key numbers which makes it easy to pinpoint other cases dealing with the particular issue that is being researched (Teshima, 1999). Ruetgers-Nease Chemical Co. Inc. v. Firemen's Ins. of Newark, 566 A.2d 227 (N.J. Super. 1989), is a case where the plaintiff brought declaratory action to establish insurance coverage because of environmental contamination claims that were made against it. The insurance company did not want to cover the claims and moved to dismiss it for lack of jurisdiction. The court denied the motion and affirmed the chemical company’s claim because they have insolvent carriers that provides long-arm jurisdiction in New Jersey. The parallel citation to this case is 236 N.J. Super. 473. By using Kecite I found that the earliest case to cite this one is Rhulen Agency, Inc. v. Alabama Ins. Guar. Ass'n, 896 F.2d 674, 677 (2nd Cir. (N.Y.) 1990). Nine years later it was criticized in the case of Texas Property and Cas...
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...Gurwits had the title by adverse possession. The Gruenders appealed to the Court of Appeals of Missouri, arguing that the Gurwits had not actually fulfilled the elements of adverse possession, claiming that their possession was not hostile, was not actual, was not open and notorious, was not exclusive and was not continuous over the statutory period. ISSUE. The issue is whether the court is likely to award adverse possession of the disputed 17-acre tract to the plaintiffs, the Gurwits, of a quiet title action against the defendant, the Gruenders, who actually had their name on the title of the disputed tract. RULE. Under Missouri State law, a person whose possession of a property is hostile, actual, open and notorious, exclusive, and continuous for the statutory period of 10 years may gain title to that property by adverse possession. Counts v. Moody, 571 S.W.2d 134, 138 (Mo. App. 1978). Hostile possession means that the Gurwits must intend to possess, occupy, control, and exercise dominion over the property. Actual possession means that they actually possess, occupy, control, and exercise dominion over the property. Open and notorious possession means they must be easily visible to those with adverse claims. Exclusive possession means that the land is for themselves and not for another person. Lastly, the extent of continuity required varies with the nature of the property. ANALYSIS. Here, the plaintiffs, the Gurwits, can argue for adverse possession of the disputed tract by showing...
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...The intersection of law and culture is far more complex than it appear. Culture being the beliefs and social behaviour to specific communities and law believed to regulates what behaviour is acceptable and socially right, it is appropriate to assume that both are related in numerous ways. Although to what extent should culture be integrated into law ? This essay will focus on the example of Australia. Australian law was founded, based on the British common law, imposing on the already existing custom of indigenous aboriginals. Additionally with the rise of globalisation, diversities of cultures and ethnic groups immigrated to Australia, leading the country to multiculturalism. In compliance to human rights and International law, Australia is...
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...Theresa Gbekia World history Reimers Williams 10 January 2014 ALIVE Although a plan of 45 people crashed in the Andes, sixteen of them made it alive. Those sixteen faced extremely harsh weathers, loneliness and hunger. On the Andes tops there was no Singh of a living thing, so how did the sixteen men stay alive? The men used the torn up plan as shelter. They accompany each other to wear of loneliness. And yes for food they eat those who did not stay alive! I believe that the overall question of this book is; what will one do to stay Alive when driven from civilization? The sixteen men did an outrageous thing eating their friends. They came to many explanations to make the act righteous. That action of man tells a great fear for live! The men feared for their life and did what they had to do to stay alive. A technological cause that helped answered the question was science .To science; the eating of human flesh simply provides protein just like any other animal meat. The human body does not hold any kind of poison, therefor is edible. A political cause in this book was that the leader/the men that took charge reasoned that God had the bodies there for them to stay alive. The leaders, who were the strongest and healthiest felt responsible to care for the weaker friends and made sure that they were fed. At the end of recuse, none of the sixteen survivors were held in poison for the cannibal act they committed. In fact, some of the victim’s families had no angry words. They...
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...Anyone whose goal is something higher must expect sacrificing something bigger to achieve that goal. In life we have to take our goals and expand them and by doing so there are many sacrifices you have to do in order to obtain those goals. Sacrifices are all around us, some are bigger than others, making the goal higher and harder to get, but with a positive outlook and no fear in failing everybody can accomplish anything. When your own life is your goal than the risks are all you can take. It is important for the reader to learn that there are scarifies an individual must make to attain goals because one will become more successful in completing their goals resulting in self achievement. In the story, Alive Nando Parrado, Roberto Canessa and Antonio VizintÍn sacrifice their dignity and test their faith in order to survive. One of the characters that were willing to sacrifice their pride for the circumstances they were under was Canessa because he was the first to suggest in eating human flesh, not just because he was hungry but also because he wanted to stay alive. Knowing that God was they’re for him and this was simply a test. He encouragess the others by explaining things under the word of God and how he shared his flesh and blood at the last dinner. Canessa was a natural leader, he took control of the group and made sure that no one gave up; he was helping the injured giving them some motivation to stay positive. He made hammocks to help the boys who had injured legs...
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...Andes flight disaster Uruguayan Air Force Flight 571, also known as the Andes flight disaster and, in South America, as the Miracle of the Andes (El Milagro de los Andes) was a chartered flight carrying 45 people, including a rugby union team, their friends, family and associates, that crashed in the Andes on 13 October 1972. More than a quarter of the passengers died in the crash and several others quickly succumbed to cold and injury. Of the 27 who were alive a few days after the accident, another eight were killed by an avalanche that swept over their shelter in the wreckage. The last 16 survivors were rescued on 23 December 1972, more than two months after the crash. The survivors had little food and no source of heat in the harsh conditions at over 3,600 metres (11,800 ft) altitude. Faced with starvation and radio news reports that the search for them had been abandoned, the survivors fed on the dead passengers who had been preserved in the snow. Rescuers did not learn of the survivors until 72 days after the crash when passengers Nando Parrado and Roberto Canessa, after a 10-day trek across the Andes, found Chilean arriero Sergio Catalán, who gave them food and then alerted the authorities to the existence of the other survivors. The crash On 13 October 1972, a chartered Uruguayan Air Force twin turboprop Fairchild FH-227D was flying over the Andes carrying the Old Christians Club rugby union team from Montevideo, Uruguay, to play a match in Santiago, Chile. The trip...
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...Apple A Apple’s rise from a sinking computer hard and software making company to success as the world’s largest vendor of personal computers under the visionary and charismatic leadership of co-founder, Steve Jobs. Leadership is a process not a position (Hughes, L. Richard., Ginnett , C. Robert., et al(2013) Leadership: enhancing the lessons of experience, Page 1). This philosophy further suggests that one is not a leader except perhaps in name only, merely because one holds a title or position. Leadership involves something happening as a result of interaction between Leaders and followers. A real life example of how leadership is a process and not a position is the Andes experience where an amateur Uruguayan rugby team was travelling by airplane en route to a game in Chile. They had a plane crash and never arrived at their destination. In order to ensure continual survival for those who were still alive in the snow covered mountains, everyone took upon themselves to work on ways to survive. Some of the basic issues the Andes survivors faced: tension between individual and group goals, dealing with the different needs and personalities of group members, and keeping hope alive in the face of adversity (Book).The Andes experience also gives us an example of informal leaders emerging from a group. Before the flight there was a boy named Parrado who was awkward and shy both athletic and socially. Nonetheless this unlikely hero became the best loved and most respected among the...
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...Examiners’ report 2011 Examiners’ report 2011 265 0020 Public law – Zone A Introduction As in previous years, the quality of papers ranged from First Class to poor Fails. In this report the Examiners will discuss what constitutes a „good‟ answer and what does not. Extracts from candidates‟ examination scripts are included in relation to Questions 1 and 4, both of which were statistically popular with candidates. Please note that spelling errors and other linguistic problems have been left as they were on the examination script. General remarks As in previous years, irrespective of the actual questions on the examination paper, there are a number of common problems which detract from the quality of the answers given. The first relates to understanding and correctly interpreting the question. Although a number of the same topics will appear on the paper each year, candidates must appreciate that this does not mean that there is a standard answer which will be adequate for the particular question. It is extremely important that you take care in interpreting what the actual question is asking, and adapt your knowledge of the topic accordingly. The Examiners can spot a „rote-learned‟ preprepared answer and it is rarely adequate for more than a bare pass, if that. A related issue concerns relevance. One of the main purposes of the 15-minute reading time is to enable candidates to read and reflect on what the questions require, and a correct interpretation is crucial for success...
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...discipline and how to investigate a disciplinary problem. two approaches to disciplinary action. alternative dispute resolution procedures. the management of human resources. organizational rules. PART 5 Enhancing Employee-Management Relations Managing Human Resources, 14e, Bohlander/Snell - © 2007 Thomson South-Western 549 550 PART 5 Enhancing Employee-Management Relations n this chapter we discuss employee rights, workplace privacy, and employee discipline. Managers note that these topics have a major influence on the activities of both employees and supervisors. Robert J. Deeny, an employment attorney, has stated that employee rights and workplace privacy will “continue to be the hottest employment law topics into the twenty-first century.”1 For example, while drug testing, e-mail privileges, and employee monitoring are routinely debated, employers are now using location awareness technology, global positioning systems (GPSs), and companyprovided cell phones to track and locate...
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...Discussed Gulf C. & S.F.R. Co. v. Ellis Mentioned Southern Railway Co. v. Greene Mentioned Radice v. New York Mentioned Minister for State for the Army v. Datziel Discussed Pennsylvania Coal Company v. Mahon Discussed Lindsley v. Natural Carbonic Gas Company Discussed Gulf, Colorado and Santa Fe'Railway v. W.H. Ellis Discussed Case Note: Sholapur Spinning and Weaving Company Act 1950-Act Dismissing Company's managing agents, removing its directors, authorising government for appointment of new directors and curtailing shareholders' right in the voting matter etc.-Validity-Whether infringement on fundamental rights-Right of property save not to be deprived by authority of law-Right to acquire, hold and dispose property-Right to equal protection of law Constitution of India, Arts. 14, 19(1) (f), 19(f), 31, 32-Deprivation of property,-- Meaning of “property”, “acquisition”, “taking possession”, “equal protection”-Under Art 32, right to apply-Right of shareholders....
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...a judicial order of adoption in one state must be afforded full faith and credit in every other state, and that there can be no “public policy” exception to that mandatory recognition ( Finstuen, at 1152; Adar v. Smith, 591 F.Supp.2d 857, 862 [E.D.La.2008] ) Application- For Full Faith and Credit purposes, a judicial order of filiation should produce the same result as an adoption. The Tenth Circuit noted, with regard to adoptions, despite the fact that courts may use different words, such as “decree” or “order”, to refer to their final decisions, it is clear that all decisions are judgments under the common law definition “and, with respect to final judgments entered in a sister state, it is clear there is no public policy' exception to the Full Faith and Credit Clause ( Finstuen, at 1153, n. 12). At present all states have enacted provisions, like New York's FCA § 571(11), containing a full faith and credit provision; but extension of New York's paternity acknowledgment to genetic mothers would depend on construction of the statute by courts of this state. The Full Faith and Credit clause itself require recognition without a public policy exception since it does not apply to a state court's construction of...
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...addressing impunity Closing the gap The role of non-judicial mechanisms in addressing impunity No Peace WiThouT Justice No Peace Without Justice Copyright 2010 © No Peace Without Justice Via di Torre Argentina 76, I-00186, Roma, Italy www.npwj.org Permission to reproduce and distribute this document is hereby granted provided that this notice is retained on all copies, that copies are not altered and that No Peace Without Justice is credited. This publication is also available at www.npwj.org. No Peace Without Justice is an international non-profit organisation founded by Emma Bonino and born of a 1993 campaign of the Transnational Radical Party that works for the protection and promotion of human rights, democracy, the rule of law and international justice. NPWJ undertakes its work within three main thematic programs: International Criminal Justice; Female Genital Mutilation; and Middle East and North Africa Democracy, including specific work on Iraq. NPWJ is a Member of the TRP Senate, a Member of the Steering Committee of the NGO Coalition for the International Criminal Court and the Italian civil society partner in the Democracy Assistance Dialogue. This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of No Peace Without Justice and can in no way be taken to reflect the views of the European Union. Overall editing of this report was done by Alison Smith. The draft report was prepared...
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