...responsibilities. In hindsight, Attorney Howe could be indirectly contributing to the unauthorized practice of law due to his gross negligence to supervise his paralegal. ABA 5.3 (A)(B)(C). – Attorney Howe did not make reasonable efforts to supervise his paralegal. Mr. Howe knew that Carl was inexperienced in the firm as a “new-hire and should have practiced due diligence in his supervisorial duties. Attorney Howe failed to give clear guidelines and did not take immediate remedial action after Carl informed Howe that a new case was taken without his supervision. ABA 1.6 (C ) - Attorney Howe was negligent in his duty to maintain client confidentiality by leaving his office with visibly exposed client work products. Legal Assistant, Carl Jackson’s possible Ethical Violations: (Monday) NFPA-1.8(A) -Legal assistant, Carl, may have engaged in unauthorized practice of law by taking on a case without a supervising attorney’s knowledge and by giving legal advice to an inquiring client(s) regarding whether or not to pursue alimony. Furthermore, Carl negotiated the price of a fixed rate service without supervision, something only an attorney has the authority to do, which could also constitute as another act of unauthorized practice of law. EC1.7 (A)- Legal assistant, Carl ,did not identify himself as a “legal assistant” when he admitted the inquiring clients into Attorney Howe’s office, even though the inquiring client(s) were specifically asking for a licensed attorney. EC-1.5(a)...
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...Indian government. Andrew Jackson, however, openly ignored the decision as he pushed for further settlement westward. Jackson’s disregard for Marshall’s ruling when it came to the sovereignty of Indians changed the role of the Presidency. In the past, the Supreme Court’s decision would have been final, and the President could veto a bill only if it was deemed unconstitutional. Now, however, Jackson had increased the authority of the Executive Branch by giving it the ability...
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...Michael Jackson fact file: Michael Joseph Jackson was born August 29, 1958 – June 25, 2009 was an American singer, songwriter, record producer, dancer, and actor. Called the king of pop his contributions to music and dance, along with his publicized personal life, made him a global figure in popular culture for over four decades. Michael Jackson has his own websites so his fans could check out his songs and updates also honour his music. Michael Jackson did his autobiography in a book and was published in February 1 in 1988. Five months after the release of Jackson’s 1987 Bad album, and named after Jackson’s signature dance move, the moonwalk. Michael Jackson was 58 when he died. Dubbed the "King of Pop," singer-songwriter Michael Jackson was born in Gary, Indiana. As a child, he performed as the lead singer of the Jackson family's popular Motown group, the Jackson 5. No single artist – indeed, no movement or force – has eclipsed what Michael Jackson accomplished in the first years of his adult solo career. Jackson changed the balance in the pop world in a way that nobody has since. He forced rock & roll and the mainstream press to acknowledge that the biggest pop star in the world could be young and black, and in doing so he broke down more barriers than anybody. But he is also among the best proofs in living memory of poet William Carlos Williams' famous verse: "The pure products of America/go crazy." When Jackson died on June 25th, 2009, of apparent cardiac arrest...
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...When Doreen decided to deduct some amount from her rent after having problems with the sink, Sherrena stated that would cause Doreen to receive an eviction notice. Upon which Doreen decided to withhold all of her rent, this portrayed that “it was a common strategy among cash-strapped renters. Because the rent took almost all of their paycheck, families sometimes had to initiate a necessary eviction that allowed them to save enough money to move to another place. One landlord’s loss was another’s gain” (Demond 74). It was seen throughout the book the core of the people struggling were women, specifically single mothers that held more than two jobs or were switching from one job to another. Many women like Arleen, who left a job due to problems like depression, suffered even more to stay out of eviction. Some women were left by their partner after they got pregnant...
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...Kerin−Hartley−Berkowitz−Rudelius: Marketing, Eighth Edition I. Initiating the Marketing Process 3. Scanning the Marketing Environment © The McGraw−Hill Companies, 2005 Kerin−Hartley−Berkowitz−Rudelius: Marketing, Eighth Edition I. Initiating the Marketing Process 3. Scanning the Marketing Environment © The McGraw−Hill Companies, 2005 CHAPTER 3 SCANNING THE MARKETING ENVIRONMENT IT’S SHOW TIME! Don’t blink, because the world of entertainment is changing faster than anyone imagined possible. Online music, high-definition televisions, digital photography, computer-based media centers, and software for making movies are just some of the many products new to the entertainment industry. The revolution began with the combination of Apple’s iPod music player, which can store 10,000 songs in a device smaller than a deck of cards, and its iTunes Music Store, which sells more than 10,000,000 songs each month for just $.99 each. Other new forms of digital entertainment products include digital video recorders (DVRs), which record TV shows on hard drives instead of tape, and home entertainment “hubs,” which utilize wireless networks to link digital devices from around the home. Some experts even predict that there will probably be a version of iPod and iTunes for movies in the near future. Suddenly the music, television, photography, movie, and computer industries are converging. Musicians, recording companies, television networks, camera companies, movie studios...
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...Consideration and Promissory Estoppel The Formation of a Contract 3 Consideration and Promissory Estoppel 1. CONSIDERATION In general, agreements or promises are contractually binding in English law only if supported by consideration. The requirement of consideration means that each party must receive or be promised something in return for giving or promising something. Consideration is, therefore, the legal description of the element of exchange and its practical effect is to ensure that gratuitous promises are not binding whereas bargains are. So if A promises B £1000, B cannot enforce that promise because B has provided no consideration (nothing in exchange) for it. It is traditional to define consideration as a benefit to the promisor or a detriment to the promisee. So in Currie v Misa (1875) LR 10 Ex 153, 162 Lush J stated, ‘A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility, given, suffered, or undertaken by the other.’ This definition can be misleading unless one emphasises, in line with the need for an exchange, that the detriment to the promisee must be requested by the promisor. So if A promises B £1000 and B, in reliance on receiving that money, buys a car, that may constitute detrimental reliance by B but B has not thereby provided any consideration for A’s promise. In contrast, if A promises B £1000 in return for B’s car (ie...
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...Supernatural: The Life of William Branham Book 6: The Prophet and His Revelation 1960 – 1965 by Owen Jorgensen 1 Acknowledgments: In a project of this magnitude, it is understandable that I should owe many people a debt of gratitude for their help. First of all I want to thank Pearry Green for his vision, his encouragement and his efforts in publishing and distributing these books. I also want to thank Saundra Miles, David Buckley, Jay Weber, and the other people who spent many hours editing and proof reading the six manuscripts in this series. Their suggestions helped to make this a better book and a more accurate account of William Branham‘s life. Also, I want to thank Steven and Kathy Strooh, who put these books into audio format for all those people who would rather listen than read. I must certainly thank those people who have translated these books into their native languages: Spanish, Portuguese, French, German, Russian, Norwegian, Hindi, and many other languages. Supernatural: the Life of William Branham took me 17 years to complete. I was 34 when I started and 51 when I finished. To put that into perspective, my four children were in grade school when I began writing this biography. By the time I finished, three of my children were married and I had nine grandchildren. During the 17 years I worked on this project, my life had its ups and downs. I want to thank everyone who prayed for me during those 17 years. Finally I want to thank my four children—Benaiah...
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...This eBook has been published by: [pic] Publishing Date: 2004 ISBN# 1-59547-129-4 Please see my website for several e-books created for education, research and entertainment. Most eBooks are available in paperback. Specializing in rare, out-of-print books still in demand. Contact: sales@nuvisionpublications.com URL: http://www.nuvisionpublications.com The Age of Innocence By Edith Wharton (1920) Table of Contents Book I Chapter I. 5 Chapter II. 11 Chapter III. 16 Chapter IV. 22 Chapter V. 27 Chapter VI. 35 Chapter VII. 41 Chapter VIII. 47 Chapter IX. 54 Chapter X. 64 Chapter XI. 73 Chapter XII. 80 Chapter XIII. 91 Chapter XIV. 97 Chapter XV. 103 Chapter XVI. 112 Chapter XVII. 120 Chapter XVIII. 129 Book II Chapter XIX. 141 Chapter XX. 150 Chapter XXI. 160 Chapter XXII. 171 Chapter XXIII. 178 Chapter XXIV. 187 Chapter XXV. 192 Chapter XXVI. 200 Chapter XXVII. 210 Chapter XXVIII. 216 Chapter XXIX. 222 Chapter XXX. 229 Chapter XXXI. 238 Chapter XXXII. 249 Chapter XXXIII. 258 Chapter XXXIV. 271 Book I Chapter I. On a January evening of the early seventies, Christine Nilsson was singing in Faust at the Academy of Music in New York. Though there was already talk of the erection, in remote metropolitan distances...
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...Instructor’s Manual to Accompany The Longman Writer Rhetoric, Reader, Handbook Fifth Edition and The Longman Writer Rhetoric and Reader Fifth Edition Brief Edition Judith Nadell Linda McMeniman Rowan University John Langan Atlantic Cape Community College Prepared by: Eliza A. Comodromos Rutgers, The State University of New Jersey New York San Francisco Boston London Toronto Sydney Tokyo Singapore Madrid Mexico City Munich Paris Cape Town Hong Kong Montreal NOTE REGARDING WEBSITES AND PASSWORDS: If you need a password to access instructor supplements on a Longman book-specific website, please use the following information: Username: Password: awlbook adopt Senior Acquisitions Editor: Joseph Opiela Senior Supplements Editor: Donna Campion Electronic Page Makeup: Big Color Systems, Inc. Instructor’s Manual to accompany The Longman Writer: Rhetoric, Reader, Handbook, 5e and The Longman Writer: Rhetoric and Reader, Brief Edition, 5e, by Nadell/McMeniman/Langan and Comodromos Copyright ©2003 Pearson Education, Inc. All rights reserved. Printed in the United States of America. Instructors may reproduce portions of this book for classroom use only. All other reproductions are strictly prohibited without prior permission of the publisher, except in the case of brief quotations embodied in critical articles and reviews. Please visit our website at: http://www.ablongman.com ISBN: 0-321-13157-6 1 2 3 4 5 6 7 8 9 10 - D O H - 05 04 03 02 CONTENTS ...
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...Cooper Creek’s newest dad One minute, Keeton West is a confirmed bachelor and bull rider who lives out of a suitcase. The next, he’s the single dad of a baby he didn’t know existed. Now back in his hometown, everyone remembers the tragedy that changed his—and Sophie Cooper’s—lives forever. He desperately needs Sophie’s help with little Lucy. But spending time with Keeton seems to remind Sophie of all she lost. She won’t get close to another bull rider. Yet one sweet baby girl has her own way of bringing two hearts together. “What am I going to do with her, Sophie?” Keeton asked. “I’d say the same thing parents have done with babies for hundreds of years. Take her home and raise her.” “I’m a bull rider. I’m on the road almost fifty percent of the time. I’m living in a house that isn’t even livable.” Bull rider. That reminder had Sophie stepping back in her car, away from him, away from the tug on her heart and back into her shell. “Yes, well, I’d say you’d better get it livable.” “You could help me.” “I did. I changed the nastiest diaper in the history of diapers.” She glanced at her watch. “I’m late.” “We have to talk about the land.” “Later.” “Dinner?” He leaned in, holding tight to Lucy. “Nope. I don’t date bull riders.” She started her car and reached to close the door. He stood there, not moving. “I’m not asking you out.” Ouch. That hurt a little, for some crazy reason. “Good, I’m not accepting.” “Fine, I’ll see you later,” he said with...
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...Moore−Parker: Critical Thinking, Ninth Edition 5. Persuasion Through Rhetoric: Common Devices and Techniques Text © The McGraw−Hill Companies, 2009 Chapter Persuasion Through Rhetoric 5 It’s just the way things are: Images and impressions tend to sell more products than good arguments do. At least some of the images are fun. Common Devices and Techniques W hen the military uses the phrase “self-injurious behavior incidents” regarding detainees at Guantánamo Bay, it means what most of us call “attempted suicides.” In fact, when the word “detainees” is used, it means what most of us call “prisoners.” “Waterboarding” sounds at first like something you’d expect to see young people doing on a California beach, not a torture technique that involves forced simulated drowning. Less remarkable, perhaps, but possibly more relevant for most of us, we’ve heard the term “downsized” used when someone is fired or laid off. “Ethnic cleansing” covers everything from deportation to genocide. What we have to say may be important, but the words we choose to say it with can be equally important. The examples just given are cases of a certain type of linguistic coercion—an attempt to get us to adopt a particular attitude toward a subject that, if described differently, would seem less attractive to us. Words have tremendous persuasive power, or what we have called their rhetorical force or emotive meaning—their power to express and elicit images, feelings, and emotional...
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...CHAPTER 7: DEDUCTIONS AND LOSSES: CERTAIN BUSINESS EXPENSES AND LOSSES 1. James is in the business of debt collection. He purchased a $20,000 account receivable from Green Corporation for $15,000. During the year, James collected $17,000 in final settlement of the account. James can take a $2,000 bad debt deduction in the current year. a. True b. False ANSWER: False RATIONALE: James has a basis of $15,000 in the account receivable and hence, he has income of $2,000. 2. If a business debt previously deducted as partially worthless becomes totally worthless this year, only the amount not previously deducted can be deducted this year. c. True d. False ANSWER: True 3. Last year, taxpayer had a $10,000 nonbusiness bad debt. Taxpayer also had an $8,000 short-term capital gain and taxable income of $35,000. If taxpayer collects the entire $10,000 during the current year, $8,000 needs to be included in gross income. e. True f. False ANSWER: False RATIONALE: The taxpayer must include the $10,000 in gross income to the extent of the tax benefit received last year. The entire $10,000 deduction provided a tax benefit; $8,000 offset by the short-term capital gain and $2,000 offset against ordinary income. 4. A cash basis taxpayer must include as income the proceeds from the sale of an account receivable to a collection agency. g. True h. False ANSWER: True 5. If an account...
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...Idioms and Expressions by David Holmes A method for learning and remembering idioms and expressions I wrote this model as a teaching device during the time I was working in Bangkok, Thailand, as a legal editor and language consultant, with one of the Big Four Legal and Tax companies, KPMG (during my afternoon job) after teaching at the university. When I had no legal documents to edit and no individual advising to do (which was quite frequently) I would sit at my desk, (like some old character out of a Charles Dickens’ novel) and prepare language materials to be used for helping professionals who had learned English as a second language—for even up to fifteen years in school—but who were still unable to follow a movie in English, understand the World News on TV, or converse in a colloquial style, because they’d never had a chance to hear and learn common, everyday expressions such as, “It’s a done deal!” or “Drop whatever you’re doing.” Because misunderstandings of such idioms and expressions frequently caused miscommunication between our management teams and foreign clients, I was asked to try to assist. I am happy to be able to share the materials that follow, such as they are, in the hope that they may be of some use and benefit to others. The simple teaching device I used was three-fold: 1. Make a note of an idiom/expression 2. Define and explain it in understandable words (including synonyms.) 3. Give at least three sample sentences to illustrate how the expression is used...
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...OUTLINE OF U.S. HISTORY OUTLINE OF OUTLINE OF U.S. HISTORY C O N T E N T S CHAPTER 1 Early America . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 CHAPTER 2 The Colonial Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 CHAPTER 3 The Road to Independence . . . . . . . . . . . . . . . . . . . . . . . . . . 50 CHAPTER 4 The Formation of a National Government . . . . . . . . . . . . 66 CHAPTER 5 Westward Expansion and Regional Differences . . . . . . . 110 CHAPTER 6 Sectional Conflict . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 CHAPTER 7 The Civil War and Reconstruction . . . . . . . . . . . . . . . . . . 140 CHAPTER 8 Growth and Transformation . . . . . . . . . . . . . . . . . . . . . . . 154 CHAPTER 9 Discontent and Reform . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 CHAPTER 10 War, Prosperity, and Depression . . . . . . . . . . . . . . . . . . . . 202 CHAPTER 11 The New Deal and World War I . . . . . . . . . . . . . . . . . . . . . 212 CHAPTER 12 Postwar America . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 CHAPTER 13 Decades of Change: 1960-1980 . . . . . . . . . . . . . . . . . . . . . 274 CHAPTER 14 The New Conservatism and a New World Order . . . . . . 304 CHAPTER 15 Bridge to the 21st Century . . . . . . . . . . . . . . . . . . . . . . . . . 320 PICTURE PROFILES Becoming a Nation . . . . . . . . . . . . . ....
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...In memory of Amos Tversky Contents Introduction Part I. Two Systems 1. The Characters of the Story 2. Attention and Effort 3. The Lazy Controller 4. The Associative Machine 5. Cognitive Ease 6. Norms, Surprises, and Causes 7. A Machine for Jumping to Conclusions 8. How Judgments Happen 9. Answering an Easier Question Part II. Heuristics and Biases 10. The Law of Small Numbers 11. Anchors 12. The Science of Availability 13. Availability, Emotion, and Risk 14. Tom W’s Specialty 15. Linda: Less is More 16. Causes Trump Statistics 17. Regression to the Mean 18. Taming Intuitive Predictions Part III. Overconfidence 19. The Illusion of Understanding 20. The Illusion of Validity 21. Intuitions Vs. Formulas 22. Expert Intuition: When Can We Trust It? 23. The Outside View 24. The Engine of Capitalism Part IV. Choices 25. Bernoulli’s Errors 26. Prospect Theory 27. The Endowment Effect 28. Bad Events 29. The Fourfold Pattern 30. Rare Events 31. Risk Policies 32. Keeping Score 33. Reversals 34. Frames and Reality Part V. Two Selves 35. Two Selves 36. Life as a Story 37. Experienced Well-Being 38. Thinking About Life Conclusions Appendix Uncertainty A: Judgment Under Appendix B: Choices, Values, and Frames Acknowledgments Notes Index Introduction Every author, I suppose, has in mind a setting in which readers of his or her work could benefit from having read it. Mine is the proverbial office watercooler, where opinions are shared and gossip is exchanged. I...
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