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devry law310 week 3 you decide,week 5 simulation,midterm exam and full course project
Question;week 3 YOU DECIDENegligence is a particular type of tort action that involves something the law calls a "duty of care." The standard of care depends on the facts and circumstances of the case but, generally, the duty of care, in its broadest sense, means each of us should behave responsibly and sensibly, in the way a reasonable person would behave.To be guilty of negligence, a defendant in a lawsuit must breach that duty of care, and the breach of duty must be the cause of harm to the plaintiff.The law looks at two types of causation—actual cause and proximate cause. Often, injury and harm is the result of a chain of events. The person who is the actual cause may or may not be legally responsible. Proximate cause is that act in the natural, direct, uninterrupted sequence of events without which the injury would not have occurred. Proximate cause seeks to decide who, in that chain of events, is responsible for the harm. This can get complicated.First case: Henry runs the red light and, as a result, collides with Mary's car which is proceeding lawfully through the intersection, injuring Mary. Henry's negligence is both the actual and proximate cause of Mary's injury.Second case: Henry is stopped at the red light. Marvin is talking on his cell phone and fails to stop his car, rear-ending Henry, and sending his car into the intersection where it collides with Mary's car, injuring Mary. Henry is the actual, but not the legal cause, of Mary's injury. Marvin's actions are the proximate cause of Mary's injury, his actions are the actual cause, sometimes called the "cause in fact", of the harm.In order to properly consider the following problem, you should review the material in your text at pages 296 and 297, read Herrara et al v. Quality Pontiac, review McCollum v. CBS, especially Part 2 (a) of the opinion, which you will find in Doc Sharing.ScenarioSusie Marks was seriously injured when the truck in which she was riding failed to negotiate a left turn. On the evening in question, Susie got a ride with Orson to the Elsewhere City Park, where she met her friend, Jerry, and his girlfriend, Kate. Orson said he would pick Susie up at 11:00 p.m. when the park closed. Jerry was a minor who had only been licensed to drive for a few months. He was driving a small truck, the bed of which was covered by a camper shell.At 11:00 p.m. they were approached by Officer Ruthless of the Elsewhere Police Department, who told them they had to leave the park since there was a curfew and the park was closing. Jerry and Kate got into the truck and Ruthless told Susie to get in the back of the truck. (This state allowed people to ride in the backs of camper trucks without seatbelts.)Susie told Ruthless she wanted to wait for Orson, or she could walk home, but Ruthless told her to get in the truck. Ruthless told Jerry: "Get everybody out of here," and that "if you guys don't get out of here, curfew will be enforced."After leaving the park, Jerry made two stops, one just four doors down from Susie's house. Susie did not leave the truck. Jerry lost control of his truck while making a left turn and Susie was seriously injured when the truck overturned. Approximately one-half hour ensued between the time the group left the park area and the time of the accident.Following the accident, Susie filed a complaint against the City of Elsewhere, Ruthless, and a number of other defendants. The complaint alleged that the City and Ruthless were liable because Ruthless had negligently ordered Suzie to ride in the back of the truck.Your Role/AssignmentYou are the judge in the case. Does Susie have a case against Ruthless? Is Ruthless the proximate cause of Susie's injuries?Read the scenario summary above and prepare an essay rendering your decision. The components of a legal decision must include the following.Factual Summary: Provide a succinct and accurate description of the scenario at hand. Summarize the scenario to include all relevant facts.Issue(s): Restate or summarize the question. What is the legal question you are going to answer?Legal Concept(s): Identify and discuss one or more legal concepts from the course material when exploring the problem at hand. Define the legal concept(s) and explain how the concept(s) relate(s) to the given scenario.Analysis/Conclusion: Analyze the factual scenario in relation to the legal concept in order to reach a well-reasoned conclusion. Be sure to apply the legal concept correctly toward solving the legal issue.The paper should be double-spaced in 12-point font and approximately 500 words. At least two sources must be correctly cited using APA citations, including both in-text parenthetical citations and an end-of-text list of references.week 5 simulationhis simulation involves a hearing at the trial court level on a motion for summary judgment in a case involving the employer?s liability for alleged sexual harassment.MotionBefore a case goes to trial, the parties use various motions to refine and define the issues. One such motion is the Motion for Summary Judgment. In this case, the employer?s Motion for Summary judgment claims that the employee has failed to state sufficient facts for a jury to be able to decide that a) the conduct complained of constitutes sexual harassment and b) the employee who allegedly is guilty of harassment is a ?supervisor?, and c) that the company maintained a ?hostile workplace.?BriefsMotions for Summary Judgment are submitted in writing and are supported by written arguments, called Briefs. Judges will look at the motions, the briefs, and any other sworn statements that parties have made, such as oral depositions or sworn answers to discovery (see page 171 in your text) and will also hear oral argument from the parties? attorneys on the issues raised in the motion.The FactsThe moving party, in this case Big Car Company, is attempting to convince the judge that its employee, Clarence, did not sexually harass Maybelle Darcy, and that Clarence is not a supervisor. To win its point, Big Car must convince the judge the facts stated by Ms Darcy are not sufficient at law to constitute sexual harassment, are not sufficient at law to show that there was a ?hostile work environment? and are not sufficient at law to show that Clarence is a supervisor.Ms Darcy, in order to get her case to a jury, must convince the judge of the opposite.Supervisors and middle managers are routinely named as defendants in sexual harassment cases. The awards can be quite large. The cases themselves can take many years to resolve. The case upon which this simulation is based was in litigation for three full years.Before WatchingBefore you watch the simulation, review the material that follows. Watch the simulation, then complete the assignment below.In Faragher v. City of Boca Raton, 524 U.S. 775 and Harris v. Forklift Systems, 510 U.S. 17, the Supreme Court set out tests for ?hostile workplace.? The full opinions can be found in Doc SharingWe directed courts to determine whether an environment is sufficiently hostile or abusive by ?looking at all the circumstances,? including the ?frequency of the discriminatory conduct, its severity, whether it is physically threatening or humiliating, or a mere offensive utterance, and whether it unreasonably interferes with an employee?s work performance.?. Most recently, we explained that Title VII does not prohibit ?genuine but innocuous differences in the ways men and women routinely interact with members of the same sex and of the opposite sex."..."simple teasing,? offhand comments, and isolated incidents (unless extremely serious) will not amount to discriminatory changes in the ?terms and conditions of employment.?(It is not) ?the ordinary tribulations of the workplace, such as the sporadic use of abusive language, gender-related jokes, and occasional teasing.? Faragher"...in assessing a hostile environment claim, the totality of the circumstances must be examined, including "the frequency of the discriminatory conduct, its severity, whether it is physically threatening or humiliating, or a mere offensive utterance, and whether it unreasonably interferes with an employee's work performance." Harris v. ForkliftConduct must be objectively offensive to a ?reasonable person? and seen as subjectively offensive by the person claiming sexual harassment.EEOC Enforcement Guidance Bulletin on Vicarious Employer Liability for Unlawful Harassment by Supervisors (the full text can be found in Doc Sharing) states the Supreme Court has made clear that employers are subject to vicarious liability for unlawful harassment by supervisors. The bulletin gives the following information on who is a ?supervisor?. (The entire bulletin can be found in Doc Sharing) An individual qualifies as an employee?s ?supervisor? if:the individual has authority to undertake or recommend tangible employment decisions affecting the employee, orthe individual has authority to direct the employee?s daily work activities.Authority to Undertake or Recommend Tangible Employment Actions?Tangible employment decisions? are decisions that significantly change another employee?s employment status. Such actions include, but are not limited to, hiring, firing, promoting, demoting, and reassigning the employee. An individual whose job responsibilities include the authority to recommend tangible job decisions affecting an employee qualifies as his or her supervisor even if the individual does not have the final say. As long as the individual?s recommendation is given substantial weight by the final decision maker(s), that individual meets the definition of supervisor.Authority to Direct Employee?s Daily Work ActivitiesAn individual who is authorized to direct another employee?s day-to-day work activities qualifies as his or her supervisor even if that individual does not have the authority to undertake or recommend tangible job decisions.On the other hand, someone who merely relays other officials? instructions regarding work assignments and reports back to those officials does not have true supervisory authority. Furthermore, someone who directs only a limited number of tasks or assignments would not qualify as a ?supervisor.?After listening to the simulation and considering the points discussed in the introduction, write a 300-500 word paper in which you1. State whether you agree with the Judge?s decision, give reasoning for your answer2. State how, if you were a juror on this case, you would decide, i.e., would you find thatClarence was a supervisorClarence?s conduct constituted sexual harassment andthere was a hostile workplace environment.Give reasons for your decision.midtermTCOs 1 & 2) Rules of court usually containa: civil substantive law.b: civil procedural law.c: criminal substantive law.d: criminal procedural law.e: Both b and d:Question 2. Question:(TCO 1) Administrative regulations come froma: federal boards, departments, commissions, and agencies.b: state boards, departments, commissions, and agencies.c: federal courts.d: state courts.e: Both a and bQuestion 3. Question:(TCO 1) The Incorporation Doctrinea: is another phrase for checks and balances.b: refers to the application of the Bill of Rights to the states.c: is derived from an interpretation of the 14th Amendment.Both b and cBoth a and b: 5 of 5Comments:Question 4. Question:(TCO 1) The statement, ?We hold these truths to be self-evident, that all men are created equal,? is foundin the original Constitution.in the Equal Protection Clause of the 14th Amendment.in the Preamble to the Constitution.in the Declaration of Independence.in the Bill of Rights.Question 5. Question:(TCO 1) The Equal Protection Clausehas always been held to prohibit the practice of separate but equal.prohibits a school from considering race in its admissions policies.is found in the 14th Amendment.All of the aboveis contained in the Declaration of Independence.Question 6. Question:(TCOs 1 & 2) Which of the following is not a defense to a criminal charge?DuressSelf-defenseDiminished capacityMistakeAll of the aboveQuestion 7. Question:(TCOs 3, 5, and 6) Which of the following is not a type of negligence action?Liability of landownersAutomobile accidentsProfessional negligenceIntentional infliction of emotional distressDefective productsQuestion 8. Question:(TCOs 3, 5, and 6) Which of the following is not a defense to negligence?Assumption of the riskContributory negligenceComparative negligenceImmunitySelf-defenseQuestion 9. Question:(TCOs 3, 5, and 6) Actual authority of partners to enter contracts on behalf of the partnershipmeans that authority is implied because the conduct of the parties has reasonably led third persons to believe that such authority exists.means that other partners have approved the contract.always exists for all partners.All of the aboveNone of the aboveQuestion 10. Question:(TCOs 10 & 11) The ADR proceeding involving an out-of-court hearing before a neutral party who listens to two or more disputing parties and renders a decision resolving the dispute is known asarbitration.mediation.negotiation.mini-trial.early neutral evaluation.Question 11. Question:(TCOs 1 & 2) What type of factors influence the laws and legal system of a given country?Question 12. Question:(TCO 1) Why is the U.S. Supreme Court called the Supreme Court?Question 13. Question:(TCOs 1 & 2) What are the rights afforded a criminal defendant pursuant to due process?Question 14. Question:(TCO 1) What clause of the Constitution was used to enable Congress to pass the Civil Rights Act of 1964, and why did they use this clause?Question 15. Question:(TCOs 3, 5, & 6) What are the elements of negligence?Question 16. Question:(TCOs 3, 5, & 6) What is necessary between parties to have a bilateral contact?Question 17. Question:(TCO 1) Based on your understanding from your text of the criminal system as it relates to juvenile offenders, what are some of the issues facing the courts when determining how to deal with juvenile crime?Question 18. Question:(TCOs 10 & 11) What are the types of discovery that parties may use in a civil lawsuit? Provide examples of each type of discovery and how it could be helpful to a party?s case? Why is the same type of discovery not allowed in criminal cases?course projecthis paper is primarily a report. The report portion should be objective and unbiased. The final section is an opinion section where you may include your own ideas on the subject.To understand the legal and environmental issues raised by hydraulic fracturing. To determine what you believe is the most important environmental issue. To be able to distinguish state and federal laws and regulations, to become familiar with proposed federal laws, to be able to compare and contrast state law approaches, to examine at least one other country's laws and regulations on the issue, to understand the scope of a recent executive order on hydraulic fracturing. To understand the place of hydraulic fracturing of oil and gas as that relates to U.S. energy needs. To form and state your own informed opinion on what hydraulic fracturing laws and regulations should be put in place, to explain with clear reasoning and supporting evidence why you think such laws are necessary. Your final paper should address each of these objectives. The report should include a discussion of the legal and environmental issues raised by hydraulic fracturing, including what you believe to be the most important issue, it should contain a discussion of federal and state regulations that address hydraulic fracturing. It should compare the varying approaches of at least two states. It should compare U.S. and foreign approaches to hydraulic fracturing regulation. It should address the scope of the president's executive order on hydraulic fracturing (see Doc Sharing). It should discuss the place of hydraulic fracturing of oil and gas in meeting U.S. energy needs, it should discuss economic impact (could be local, regional, or national) It should conclude with your own informed opinion on what hydraulic fracturing laws and regulations should be put in place, supported with clear reasoning and relevant facts.GuidelinesBack to TopMicrosoft Word document, 7-8 pages in length, all formatting in accordance with the current edition of the APA Style Manual.Include a cover page, table of contents, body of the report, summary or conclusion, references.Check your work for spelling and grammar. Carefully proofread your paper for spelling and grammar and double check all citations for accuracy. Be sure you have correctly cited all references.In addition to citing to any of the material which is supplied for the weekly deliverables or which is placed for your use in Doc Sharing or placed for your use in the Webliography, you must cite to at least four, scholarly journal sources which are the product of your own research. Your research should be conducted in the DeVry library. You may use no more than one website as a source. All sources should be listed on the last page titled References.Carefully review and comply with DeVry?s Academic Integrity Policy to assist you in avoiding plagiarism.Deliverables are due according to the schedule found under Milestones. The final paper is due Week 6. Submit your paper to the Week 6 Dropbox at the top of this page. For instructions on how to use the Dropbox, read these step-by-step instructions or watch this Dropbox Tutorial.MilestonesBack to TopThe total points for this Course Project are 160. Failure to deliver any of the following week?s deliverables will result in a 10-point loss for that week. This means you must satisfactorily deliver all of the Week 2 requirements or lose 10 points, failure to deliver all of Week 3 requirements will result in the loss of another 10 points and failure to deliver all of Week 5 requirements will result in the loss of another 10 points.Week 2:Form a working definition of hydraulic fracturing. Demonstrate familiarity with how hydraulic fracturing is actually performed. Distinguish gas and oil fracturing. Show where hydraulic fracturing is currently underway in the United States, Europe, and South America.Write a working definition of hydraulic fracturing.Write a brief description of how the process works (25?50 words).Chapter 8 of the president?s economic report for 2012, at page 256 details some of the economic effects of hydraulic fracturing.http://www.whitehouse.gov/sites/default/files/microsites/ERP_2012_ch_8.pdf Oil fracking in the Bakken Shale in and around Williston, North Dakota has had dramatic economic effects. The May, 2012 issue of the Oil and Gas Journal had a lengthy article on the Williston boom. Using such material (and any other source material you may find) write a 2?3 paragraph summary of the economic impact of hydraulic fracturing.Provide links or citations to other material you have found that might be useful in writing about the above points.Submit your work to the Course Project Deliverables Dropbox in Week 2.Week 3: What are the legal issues raised by hydraulic fracturing? The environmental issues? What part does (will) hydraulic fracturing play in meeting U.S. energy needs? Fracking and the Safe Drinking Water Act issues are discussed extensively in this Congressional Research Service report: http://www.arcticgas.gov/sites/default/files/documents/hydraulic-fracturing-and-safe-drinking-water-act-issues.pdf See also Chapter 8 of the president?s economic report referenced above.The Louisiana Bar Journal Vol. 59, No. 4, page 253, reports other fracking issues.Isolate three or four such issues and report them in bullet-point form. Each point should state the issue and a brief explanation (no more than one paragraph).Example: Dumping toxic waste?Uncontrolled dumping of toxic waste into waterways has created dead zones (places where marine and aquatic life cannot survive) worldwide, including an area in the Gulf of Mexico the size of Lake Ontario.Provide links or citations to at least two other sources you have found that will be useful in writing about the above points. Submit your work to the Course Project Deliverables Dropbox in Week 3.Week 5:Briefly, in 2?3 paragraphs, answer the following: What is Pennsylvania Act 13? Compare it to Vermont?s May 2012 legislation:http://www.leg.state.vt.us/docs/2012/Bills/Intro/H-464.pdf Compare these with the New York State decision on local control of fracking found in Doc Sharing at.Using the studies, such as The Final Report on Unconventional Gas in Europe, write a brief 1?2 paragraph statement that discusses at least one specific country's regulations (see page 5 for general information and pages 48, 49, and 50 for country-specific information.) On April 13, 2012, President Obama issued this executive order, briefly, in 1?2 paragraphs, explain what the order provides. You can find the executive order at this address (or look in Doc Sharing).http://www.whitehouse.gov/the-press-office/2012/04/13/executive-order-supporting-safe-and-responsible-development-unconventionProvide links or citations to at least two other sources you have found that will be useful in writing about the above points. Submit your work to the Course Project Deliverables Dropbox in Week 5.Week 6?Submit your final paper by placing it in the Dropbox for Week 6.
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United States District Court, N.D. California
June 26, 2014
PEPI SCHAFLER, Plaintiff,v.BANK OF AMERICA MERRILL LYNCH, Defendant.
PHYLLIS J. HAMILTON, District Judge.
Plaintiff Pepi Schlafler seeks an order disqualifying the undersigned district judge and an order of recusal under 28 U.S.C. § 455 and/or 28 U.S.C. § 144. The basis of her motion appears to be that on February 21, 2007, the undersigned granted the motions to dismiss filed by defendants in two prior related actions filed by plaintiff - Schafler v. HSBC Bank USA, C-06-5908 PJH and C-06-6887 PJH - and also granted defendants' motion to have plaintiff declared a vexatious litigant. Those rulings and the final judgment were affirmed by the Ninth Circuit Court of Appeals in a memorandum opinion issued January 26, 2009.
This case was randomly assigned to the undersigned pursuant to the court's Assignment Plan, as set forth in General Order 44. The general rule in federal court is that a judge should handle the cases assigned to him or her unless a legitimate reason for recusal exists. See United States v. Holland , 519 F.3d 909, 913 (9th Cir. 2008). Legitimate reasons for recusal are outlined in two statutes - 28 U.S.C. §§ 455 and 144-and in § 3(C) of the Code of Conduct for United States Judges.
Section 144 provides, in relevant part:
Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding.
The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists....
28 U.S.C. § 144. If a judge finds a § 144 motion timely and the affidavit legally sufficient, the judge must proceed no further and another judge must be assigned to hear the matter. 28 U.S.C. § 144; U.S. v. Sibla , 624 F.2d 864, 867 (9th Cir. 1980).
Section 455 provides in relevant part:
(a) Any... judge... shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.
(b) He shall also disqualify himself in the following circumstances:
(1) Where he has a personal bias or prejudice concerning a party....
Under both § 144 and § 455, the standard is whether "a reasonable person with knowledge of all the facts would conclude that the judge's impartiality might reasonably be questioned." Pesnell v. Arsenault , 543 F.3d 1038, 1043 (9th Cir. 2008). A "reasonable person" is not "hyper-sensitive or unduly suspicious, " but rather a "well-informed, thoughtful observer." See id. (citing Holland , 519 F.3d at 913 (quotations omitted).
While the test for personal bias is the same under both statutes, the procedural requirements of the sections are different. Sibla , 624 F.2d at 867. Section 144 "expressly conditions relief upon the filing of a timely and legally sufficient affidavit." Id . (citations omitted). If the judge to whom the motion is directed determines that the accompanying affidavit specifically alleges facts stating grounds for recusal under § 144, "the legal sufficiency of the affidavit has been established, and the motion must be referred to another judge for a determination of its merits." Id . (citation omitted).
An affidavit filed pursuant to § 144 "is not legally sufficient unless it specifically alleges facts that fairly support the contention that the judge exhibits bias or prejudice directed toward a party that stems from an extrajudicial source." Id. at 868 (citation omitted). More to the point, if the affidavit required by § 144 is not presented to the judge, no relief under § 144 is available. Id . (citation omitted). Here, plaintiff has provided no affidavit, let alone an affidavit supporting a legally sufficient basis for recusal.
Thus, the court considers plaintiff's motion under § 455, which, in contrast to § 144, sets forth no procedural requirements. Section 455 "is directed to the judge, rather than the parties, and is self-enforcing on the part of the judge." Id. at 867-68 (citation omitted). Moreover, § 455 contains no provision for referral of the motion to another judge. That is, the decision regarding disqualification under § 455 is made by the judge whose impartiality is at issue. See In re Bernhard, 31 f.3d 842, 843 (9th Cir. 1994).
If the judge sitting on a case is aware of grounds for recusal under § 455, "that judge has a duty to recuse himself or herself." Sibla , 624 F.2d at 868 (citation omitted). The question under § 455 is "whether a reasonable person perceives a significant risk that the judge will resolve the case on a basis other than the merits." Clemens v. U.S. Dist. Court for Central Dist. of Calif. , 428 F.3d 1175, 1178 (9th Cir. 2005).
Plaintiff's arguments in the present motion are not sufficient to demonstrate bias. She claims that the court's conduct at the hearing was "rude, biased, unprofessional, insulting, sexist, defamatory and outrageous." She raised the same issues in the motion for recusal filed in the two prior related cases on February 1, 2007, where she asserted that the court's conduct was rude and lacking in decorum, and constituted an unprovoked verbal assault. The court considered that motion and found that it was "based entirely on the court's treatment of [plaintiff] at the hearing on defendants' motion to dismiss." Order, Schafler v. HSBC Bank USA, C-06-5809 PJH, C-06-6887 PJH (N.D. Cal., February 21, 2007), at 12. The court concluded that the allegations of bias were unsupported. Id . Similarly, in the present case, the court finds the allegations unsupported.
Moreover, a judge's prior adverse rulings provide an insufficient cause for recusal. The fact that a judge made rulings adverse to a party, standing alone, is not a basis for disqualification under § 455. Liteky v. United States , 510 U.S. 540, 555 (1994); United States v. Hernandez-Escarsega , 886 F.2d 1560, 1581 (9th Cir.1989); United States v. Studley , 783 F.2d 934, 939 (1986); see also United States v. McTiernan , 695 F.3d 882, 891 (9th Cir. 2012) ("expressions of impatience, dissatisfaction, annoyance, and even anger" by a federal district court judge "do not establish bias or partiality").
Recusal is warranted only "if rulings are based on extrajudicial knowledge that the [judge] ought not to possess' or reveal such a high degree of favoritism or antagonism as to make fair judgment impossible.'" Blixseth v. Yellowstone Mountain Club LLC , 742 F.3d 1215, 1220 (9th Cir. 2014) (citing Liteky , 510 U.S. at 550). Here, the court's rulings in the prior related actions were based on the merits of the motions. Plaintiff points to no bias or prejudice stemming from an extrajudicial source, nor to any favoritism or antagonism making fair judgment impossible. Thus, there is no basis for recusal under § 455. See Pau v. Yosemite Park , 928 F.2d 880, 884 (9th Cir. 1991). Accordingly, the motion is DENIED.
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EHS boys place sixth at Big 10 meet; Watson sets mark
KINGWOOD – The Elkins boys placed sixth at the Big 10 Conference championships held Friday at Preston High School.
Bridgeport captured the title with 87 points, followed by Buckhannon-Upshur (84.5), Fairmont Senior (75), Lewis County (65), Preston (55), Elkins (51), Robert C. Byrd (40), Grafton (38), East Fairmont (32.5), Lincoln (20), North Marion (8), Liberty (1) and Philip Barbour (1).
Elkins had two conference champions – Daniel Crawford with a leap of 19-11 in the long jump and the 4×800 relay team (Matt Wallace, Remington Knight, Austin Hamrick and Chris Bodkin).
Wallace also placed second in the 1,600 with a time of 4:40.16 and in the 800 (2:04.46).
Austin Hamrick, meanwhile, was third in the 3,200 and Michael Beckwith fourth in the shot put and discus.
"I was really pleased with our performances," EHS boys coach Matt Lewis said. "We didn't necessarily get the times I wanted, but the places were great.
"The boys side of the big 10 is highly competitive and it's great to be in the top half of the conference. The 4×800 and Daniel's performance in the long jump were amazing. To have five guys on the first team is huge. They certainly deserve it."
The EHS girls, meanwhile, turned in a fifth-place showing with 47 points.
"I was very happy with our performance," EHS girls coach Scott Biola said. "We were 10th last year in the Big 10 meet and to jump up five spots this year is a huge improvement."
Skylee Watson broke her school record set earlier this spring in the pole vault with an effort of 7-0 for the Tigers, while Olivia Underwood was second in the long jump, the 4×400 relay team was second, Kathlyne Simmons was fourth in the long jump and Jontasia Sitton third in the shot put.
Elkins will return to action Friday at Buckhannon-Upshur High School for the Class AAA,?Region II?meet.
The state meet will be held May 23-24 at Charleston's Laidley Field.


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decided: October 17, 1983.
PITTSBURGH-DES MOINES STEEL CO., INC., APPELLANTv.LEO J. MCLAUGHLIN ET AL., APPELLEES
Appeals from the Order of the Court of Common Pleas of Allegheny County in the case of Pittsburgh-Des Moines Steel Co. v. Leo J. McLaughlin, Sterling W. Perkins, William T. Dougherty, John W. Tompel, Glenn C. Jones, Esquire, Harry N. Snydor, Paul F. Bertha, John R. O'Connell and The Board of Assessment Appeals of Allegheny County, and County of Allegheny and Neville Township and Cornell School District, No. GD 81-8460.
Henry T. Reath, with him Alexis J. Anderson and Barbara E. Sanson, Duane, Morris & Heckscher, and Andrew L. Weil, Rose, Schmidt, Dixon, Hasley, Whyte & Hardesty, for appellant.
Vincent A. Tuzceri, with him Robert L. Federline, Thomas J. Dempsey, William P. Bresnahan and Larry P. Gaitens, for appellees.
Judges Craig, Barry and Blatt, sitting as a panel of three. Opinion by Judge Craig.
[ 77 Pa. Commw. Page 567]
In this consolidated appeal, Pittsburgh-Des Moines Steel Company (PDM) challenges two orders which the Court of Common Pleas of Allegheny County entered in PDM's appeal to that court, seeking reduction of the tax assessment for its industrial property;*fn1 the first order established the fair market value and tax assessment for PDM's property, and the second dismissed PDM's exceptions to the earlier order.
We must decide (1) whether the trial court properly dismissed PDM's exceptions, and whether that court (2) based its determination of the fair market value of the property on competent and relevant evidence, (3) erred in evidentiary rulings, or (4) erroneously increased the tax assessment.
PDM initially appealed the tax assessment to the Board of Property Assessment, Appeals and Review. That board lowered the assessment, but PDM nevertheless appealed the board's decision to the court of common pleas. After trial, that court increased the assessment for PDM's property; however, the court's figure remains below that of the original assessment.
1. Dismissal of Exceptions
Because no procedural rule or order provides for the filing of exceptions in this statutory appeal proceeding, we affirm Administrative Judge Papadakos'
[ 77 Pa. Commw. Page 568]
order, dated October 26, 1982, which dismissed PDM's exceptions. Appeal of Sgro, 67 Pa. Commonwealth Ct. 304, 447 A.2d 325 (1982).
2. Determination of Fair Market Value
PDM contends that the trial court erroneously based its determination of fair market value on the appraisal report and testimony of the taxing authorities' expert, Mr. Ellis, who allegedly had employed impermissible methods of valuation in reaching his opinion. More specifically, PDM argues that Ellis used the reproduction cost and value-in-use methods, both of which are inadmissible to establish the fair market value of the property.*fn2 Therefore, PDM contends, the testimony of its expert, Mr. Coyle, was the only competent evidence on the question of fair market value.
In a tax assessment appeal, the trial court hears the case de novo and must determine the fair market value of the property based on the competent, credible and relevant evidence. If, as is typically true, the expert testimony conflicts, the trial court must determine the weight and credibility it will afford to each expert. An appellate court will not disturb a trial court's finding on fair market value in the absence of an abuse of discretion, insufficient supporting evidence or clear legal error.*fn3
The record indicates that each of the parties' experts possessed ample credentials in the area of property
[ 77 Pa. Commw. Page 569]
valuation and that they arrived at widely disparate opinions of the fair market value of PDM's property. The taxing authorities' expert, Ellis, stated on cross-examination that he had used the cost reproduction method in his report as a personal check of his figures. He also stated that he did not rely upon that method in testifying as to his opinion of fair market value.
Because Ellis's report was not part of the evidence in this case, the trial judge's conclusions do not rest upon it. The record contains no proof that either the trial court or Ellis impermissibly relied on the reproduction cost method. Moreover, the trial judge specifically recognized the necessity of avoiding the use of that technique.
The situation is similar to Pocono Downs, Inc. v. Board for the Assessment and Revision of Taxes for Luzerne County, 11 Pa. Commonwealth Ct. 81, 312 A.2d 452 (1973), where the only evidence of the expert's use of the cost method was adduced on cross-examination, and the expert stated he had merely correlated the figures from that approach with his opinion of fair market value. The court concluded in Pocono, and we conclude here, that such a personal and incidental reference to the reproduction cost approach is not error.*fn4
PDM also contends that Ellis employed the value-in-use method*fn5 in reaching his opinion on fair market
[ 77 Pa. Commw. Page 570]
value. On cross-examination, Ellis testified that, in his opinion, the highest and best use of the property was a heavy assembly operation by a single user "similar to PDM." He did not indicate that he based his opinion of value solely on the value of the property to PDM; in fact, the record contains no mention of this impermissible technique before PDM's attorney discussed it in his closing argument. Therefore, we conclude that the evidence does not support PDM's contention that Ellis employed the value-in-use method.
3. Evidentiary Rulings
PDM next contends that the trial court abused its discretion by precluding part of the testimony of each of two of PDM's witnesses. The trial court refused to allow Mr. Davis, the PDM plant manager who is a civil engineer, to offer any expert opinion and blocked opinion testimony from Mr. McCaffrey, both in PDM's case in chief and on rebuttal, because PDM had not given the taxing authorities Mr. Davis' name nor any report from either witness.
The pertinent portion of the pre-trial order of Administrative Judge Papadakos was as follows:
(3) On or before June 1, 1982, the parties shall serve upon each other a written statement containing the following:
a. The names and addresses of all persons who may be called as witnesses and a short characterization of the nature of their testimony.
[ 77 Pa. Commw. Page 571]
b. The reports of any expert whose opinion may be offered in evidence at the time of trial. Such reports shall include the findings and conclusions of the expert.
Pursuant to that order and Allegheny County Local Rule 212, which provides that a witness whose report has not been furnished "will not, under any circumstances whatsoever, be permitted to testify," the trial judge barred Davis and McCaffrey from testifying.
Our Pennsylvania Superior Court has understandably developed substantial special experience with respect to pre-trial orders in general and Allegheny County Local Rule 212 in particular. However, the Superior Court decisions on Rule 212, which both sides here have cited, are somewhat difficult to reconcile. In Bell v. Western Pennsylvania Hospital, 293 Pa. Superior Ct. 37, 437 A.2d 978 (1981) and in Sindler v. Goldman, Pa. Superior Ct. , 454 A.2d 1054 (1982), the Superior Court viewed Allegheny County Local Rule 212 as mandatory and affirmed the rejection of witnesses by the trial court. In Nowosielski v. Kryzosiak, 280 Pa. Superior Ct. 243, 421 A.2d 703 (1980) and in the recent case of Giacco v. Pampena, Pa. Superior Ct. , 465 A.2d 3 (1983), the Superior Court panels treated Allegheny County Local Rule 212 as discretionary; the trial judges had allowed experts to testify, and the Superior Court also affirmed those rulings.
In Gill v. McGraw Electric Co., 264 Pa. Superior Ct. 368, 399 A.2d 1095 (1979), not involving Allegheny County or its Rule 212 but involving a pre-trial order, the Superior Court accorded discretion to the trial court, but in that case reversed a trial judge's ruling which had allowed an expert to testify, applying several criteria which, the Superior Court stated, should be considered in determining whether or not to allow
[ 77 Pa. Commw. Page 572]
expert testimony where there has been a violation of a pre-trial order. Among the criteria is the validity of the excuse offered by the errant party and the ability of the party's opponent to have discovered the witness and the substance of the witness's opinion before trial.*fn6
In this case, PDM offered no explanation for its violation of the court order, arguing instead that the order required the exchange of reports only if the expert prepared one.*fn7 A literal reading of the pre-trial order indicates that it mandated an exchange of reports on the part of all experts. The order, quoted above, required that there be "a written statement containing" the reports of any expert, and the order stated that the reports "shall include the findings and conclusions of the expert." Obviously, every expert witness does have an opinion, and the findings and conclusions embodied in that opinion therefore were mandated to be in the report to be contained in the written statement.
After issuing its pre-trial order, the trial court met with the parties and, if any confusion existed, the parties could have requested clarification at that time. There is no indication that the taxing authorities had the opportunity to discover Davis's identity or either
[ 77 Pa. Commw. Page 573]
witness's opinion before the trial. Because the pre-trial order called for advance information as to "any expert," it was not confined to expert testimony on valuation but also covered other expert testimony, such as that sought from Mr. Davis.
In view of the very strong language of Allegheny County Local Rule 212, prohibiting an expert from testifying "under any circumstances whatsoever" when a report has not been furnished, we incline toward the line of Pennsylvania Superior Court panel opinions which treat that rule as mandatory. In any event, we observe that the consistent approach of the Superior Court has been to affirm the action of the trial judge in most cases. The view of this Court also has been that we should defer to the judgment of the trial judge in determining the admissibility of expert testimony,*fn8 and we perceive no abuse of the trial judge's power in his interpretation and application of Rule 212 and his own pre-trial order here.
PDM's next argument is that the trial court impermissibly restricted both the cross-examination of the taxing authorities' expert, Ellis, and the rebuttal testimony of its own expert, Coyle. During cross-examination, PDM attempted to impeach Ellis by questioning him about his testimony in a different, unrelated case. The trial court sustained the taxing authorities' objections to those questions as irrelevant and raising a collateral matter.
The law is well established that the authority to limit the scope and extent of cross-examination is within the sound discretion of the trial court.*fn9 Although
[ 77 Pa. Commw. Page 574]
a party may impeach a witness by reference to a prior inconsistent statement, we cannot say that by refusing to allow PDM to introduce evidence about Ellis' testimony in an unrelated case, the trial court imposed unreasonable limitations on cross-examination.
With respect to the trial court's limitation of Coyle's rebuttal testimony, we note that, as with cross-examination, the "admission of rebuttal evidence is normally within the discretion of the trial judge."*fn10 PDM attempted to rebut, through Coyle, that portion of Ellis' testimony concerning the necessity for upward adjustments of certain figures because of the passing of time.
A trial court may properly exclude rebuttal if the matter was something which the offering party could have presented during its case in chief.*fn11 Because Ellis' report, which PDM had before trial, contained references to his upward adjustment, we find no error in Administrative Judge Papadakos' ruling that Coyle's testimony was not proper rebuttal.
4. Increased Assessment
PDM contends, finally, that because the taxing authorities did not file a cross-appeal, the trial court was without authority to increase the level of assessment set by the board. Although it is true that the taxing authorities did not file an appeal from the board's action, they did file petitions to intervene, and each of those requested the "restoration" of the assessment to a proper level. Furthermore, because tax appeals are de novo, the trial court must determine the fair
[ 77 Pa. Commw. Page 575]
market value of the property. The cases have clearly established that the trial court has the authority to find, as did the trial court here, that the fair market value lies somewhere between the valuations estimated by the parties' experts.*fn12
Accordingly, we affirm.
Now, October 17, 1983, the orders of the Court of Common Pleas of Allegheny County dated July 15, 1982, and October 26, 1982, are affirmed.
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cleopatra lyrics – gucci mane
i unluckily was born in proverty
outta no where year later they were starving here
i used to be a b+ at 15
when i was 17 i had a f*ckin m16
i'm in to deep by june 15th i had like 100 p's
40 keys x heroin methamphetamine
[?] better than a f*cking lamb
junior lean bank account stretching like rubber beans
rubber bands till some crazy rims are sipping fam
right here in this city this vacinity
don't pitty me pity the fool cause i'm like mr t
i gots to be with 2 or 3 diamond rings on at least
diamond chain 200 a peice it's so hard to beat it
not hard to see me she can see me she ain't blind at
she said that you were too career man you to industry
she likes me cause i'm in the streets shes an amazing
she need a n*gg* with a fast car
that *ss sits super right like cleopatra
this here might end in a disaster disaster
like ceasar and cleopatra
this sh*t might end in a disaster disaster
she need a n*gg* with a fast car a fast car
that *ss sits right like cleopatra cleopatra
yes! opposites attract
might not get her back
off the rack
my itiner 'genda
business stay up out my business
said it like i lived it
said it like i ment it
n*gg*s think i end it
but i just begined it
what you want a carpet
i am not a doormat
i f*ck you on the carpet
i ain't one to turn back
you look like a tender
bet you like 22
ain't no more than 24
add a few loose a few
what you want to eat for dinner it don't even matter
what you want some snow crabs
i fly you to alaska
yo-you should be my tender
this sh*t might end in bloodbath


text:
Calcutt Lock Meadows SSSI
Located next to Napton Reservoir, Calcutt lock meadow SSSI comprises three small unimproved neutral grassland fields. The vegetation is characterized by an herb-rich community of the crested dog's-tail – common knapweed type, dominated by crested dog's-tail, sweet vernal grass, common bent, corn knapweed and lady's bedstraw. Other grassland species found here include cowslip, betony and devil's-bit scabious, saw-wort, dropwort, pepper-saxifrage great burnet s and adder's-tongue.


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Norwich — Three veteran Norwich physicians hope to move into a new $2 million medical office building in the spring at 105 Wawecus St., next door to an already busy medical center that has no more room for expansion.
About 20 city officials, doctors and construction workers gathered Thursday morning for the groundbreaking ceremony on the cleared dirt area that will house 105 Wawecus LLC, a firm comprising the same four doctors who founded the Wawecus Medical Center at 79 Wawecus St. next door.
The 12,000-square-foot medical building will house Sang Sridhar Digestive Disease Consultants LLC, a practice that will have three physicians and a support staff of about 15 employees.
The building is expected to open in spring.
Dr. You Sung Sang, a partner in the ownership firm, said the gastroenterology practice will take up about half the new building; the rest will be available for rent to other medical offices. The three physicians currently occupy a 6,000-square-foot office at 79 Wawecus St., and was rapidly outgrowing that space, Sang said.
Sang, Dr. Kolala Sridhar and Dr. Tonya Hall will retain their affiliation with the Eastern Connecticut Endoscopy Center next door for patients who need medical procedures.
All three have been practicing medicine in Norwich for a number of years. Sang moved to Norwich in 1995. Five years later, he teamed with Sridhar and Drs. Jeffrey Hertz and David Oakley to build the Wawecus Medical Center. The four are now partners in constructing the new building, he said.
Hall has had two stints in Norwich during her career. She practiced in Norwich for seven years before joining the Department of Health in the Bahamas working as a gastroenterologist in 2010. She recently returned to Norwich and joined Sang and Sridhar in the Wawecus Street office.
Sridhar has been in Norwich for 28 years and also is a partner in building the medical center.
"Certainly in my roller coaster career, this is a high point," Sridhar said of the new building. "It's great to be here at the construction of a new medical building that will be designed to meet the needs of patients."
While the Wawecus Medical Center has no more room for expansion, and the Route 2/32 overpass occupies the opposite side of the new building, Sridhar did not rule out future expansion if warranted.
"There's a lot of land to the back," he said, pointing to the woods behind both complexes.
With Trainor sitting out, OneRepublic, Fradiani, Bay impress at Sun concert
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City Council a 'mediator' in getting answers about L+M joining Yale-New Haven
Take a test drive at Naskart Indoor Kart Racing in Montville
VIDEO: Salem man's family to get $950,000 in fatal police shooting
Malloy strikes deal with unions to stretch out spiking state pension costs


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Heather Has Two Mommies
Heather Has Two Mommies
Alyson Books, Paperback, 9781555835439, 32pp.
Publication Date: June 1, 2000
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When Heather goes to playgroup, at first she feels bad because she has two mothers and no father. But then she learns that there are lots of different kinds of families and the most important thing is that all the people love each other.


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Asked by older at 8:04 AM on Dec. 16, 2010 in Crazy for CreditsLevel 69 (2,285,492 Credits)
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sealine the biggest killer of young people in Qatar Its Located approximately 40 km south of Doha and just...
sealine the biggest killer of young people in Qatar Its Located approximately 40 km south of Doha and just outside of the town of Mesaieed . The area around the Sealine Beach Resort in Mesaieed has become a haven for Qatari youngsters keen to test out their driving skills specially for those aged between 10 and 24 years old the youngsters are practically challenging the law with their driving and continue to do so even after the new traffic law, which calls for harsh penalties, was recently announced. However, young Qataris have welcomed the law but said sealine beach is the only place they can do their versions of stunt driving, on four-wheel drive vehicles, quad bikes and motorcycles. These results in the area being packed to the brim on Thursdays, Fridays and Saturdays. A major complaint is that a separate area has not been allotted to these youngsters to allow them to drive as they wish. Police had not too long ago said that such a facility would be opened to allow these youngsters to let out their energy behind the wheel. According to the authorities, speed is the cause of the accidents, And stunt driving is one of the main causes, especially among thrill-seeking youngsters. The government should think of creating designated areas, a race track, where the thrill can be sought. This can then be supervised to avoid any mishaps. people believe campaigns promoting awareness could help. References: www.peninsula.com www.gulf-times.com http://www.lialiq.com www.qatarbike.com www.qatarspeed.com www.mzyon-qatar.com www.al-3ded.com www.arab-zoom.com


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Articles tagged with: Little Rock
Arts & Entertainment, Awesome Site of the Week »
Welcome to yet another installment in our Awesome Site of the Week — a feature that we're sure will maybe one day, perhaps, become a big hit with our tens of fans.
We at First Arkansas News started this dandy feature in hopes of pointing out some sites that simply ooze awesome but may have been overlooked. You'll not find any eBays or Amazons mentioned in this feature because, well, everyone's heard of those. What you will find are some sites that deserve your attention. Make sure to visit them and …
Arts & Entertainment, Restaurants »
When you consider an Asian buffet, what do you expect?
Some might answer they figure on a lot of food of varying quality (some of it not great) and a low price. Tokyo House has the "lot of food" side of the equation nailed down, but the place is more expensive than your typical Asian buffet and the food is considerably better. How good? You've got a lot of Chinese and Asian buffet restaurants in Little Rock, but Tokyo House trumps them all. The selection is staggering, the quality is substantially …
Arts & Entertainment, Restaurants »
Franke's is one of the oldest restaurants in this state and is still going strong.
With two full locations in Little Rock and a carryout facility downtown, the cafeteria-style restaurant is alive in well in 2011. Yes, the place has had a wildly varied set of locations over the years in that it was originally located downtown and spun off into several locations after the original restaurant shut it's doors in 1960 — Hot Springs, Fort Smith, McCain Mall in North Little Rock and the gone (but not forgotten) University Mall …
Arts & Entertainment, Business, News »
The following information is a revised version of press release issued earlier this month from the University of Arkansas
FAYETTEVILLE-A National Endowment for the Arts grant is a first step toward the revival of the historic, 60-block Pettaway neighborhood in Little Rock, by blending new development within the fabric of that turn-of-the-century urban neighborhood.
The $30,000 grant, awarded to the University of Arkansas Community Design Center and the Downtown Little Rock Community Development Corp., will fund the creation of the Pettaway Neighborhood Revitalization Plan.
The grant recipients were among 1,145 nonprofit national, regional, …
Business, Crime, News, Real Estate »
It seems the real estate community — and people selling homes in the area — can rest a little easier.
Why? Over the past couple of months, Supra lockboxes have been vanishing from properties in Pulaski and Saline counties. It appears the Benton and Little Rock police departments have caught the thief. Amanda Tester, executive officer of Cooperative Arkansas Realtors Multiple Listings Services (CARMLS) confirmed Friday that an arrest has been made in the case. She said that GE's security measures and intensive investigatory work from the local police departments resulted …
Education, News »
About 400 elementary teachers from across the nation will gather in Little Rock this week for the first time that Arkansas has hosted a conference about Cognitively Guided Instruction.
CGI is a professional development program that focuses on math for grades K-3 and has attracted widespread interest throughout Arkansas.
Cognitively Guided Instruction is an elementary-level mathematics professional development program based on an integrated program of research on four components:
the development of students' mathematical thinking,
instruction that influences that development,
teachers' knowledge and beliefs that influence their instructional practice, and
the way that teachers' knowledge, beliefs …
iPhone, Technology »
About a year ago, Qpon Revolution started placing machines in businesses and restaurants around central Arkansas that would allow customers to come in and receive digital coupons on the spot.
Gabriel Mayes, president and chief operating officer of the company, said Qpon Revolution had some success with that approach but is after bigger game these days thanks to an Apple iPhone app (available here) that was launched at the end of February. Droid users shouldn't feel left out in the cold — Qpon Revolution will have an application available for that …
Arts & Entertainment, Restaurants »
While some chain restaurants are criticized for serving up bland and "safe" meals calculated to appeal to the masses, the Dixie Cafe is a bit different.
Is it a corporate chain? Certainly. Dixie Cafe is based in Little Rock and has 16 locations here in Arkansas and one in Memphis (my family and I live close to the one in Benton and we've been there often). Ah, but here's what's different about Dixie Cafe — this is a regional chain that operates all over the Natural State and, as such, ought …
News »
We reported on a slew of things here at First Arkansas News last week.
It would be a downright shame if some people missed some of the stories around here last week. Indeed, we covered everything form UA Basketball Coach John Pelphrey coming under fire to thuggery in downtown Little Rock to a Bella Vista resident winning the Publishers Clearinghouse Sweepstakes.
We want to make things convenient for our readers so — as usual — we're linking to all of the articles over the past week in the post so that people …
Columns and other comments, Crime, Features and such, News »
See that lady in the photo?
That's Erica Bonds, a Little Rock resident who was excited on Saturday because she bought a 2006 Saturn Vue that afternoon. She wasn't too happy because that car was broken into Saturday night — part of what First Arkansas News has learned is becoming a disturbing trend in the area.
Bonds went to a performance of the Arkansas Symphony Performance at the Robinson Music Hall at 7 Statehouse Plaza in downtown Little Rock on Saturday night with her fiance, David Hudson. Yes, Hudson has written an …


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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Book Report:
Money Game by Charles Green (2011)
Presidential candidate Herman Cain recently observed, "If you aren't rich, blame yourself!," a sentiment that is echoed time and again in Professor Green's authoritative text on personal money management, The Money Game. While it is reasonable to suggest that many if not most people will never become rich, it is also reasonable to suggest that given half a chance, consumers can overcome these obstacles to wealth accumulation through improved money management. These issues form the basis of Green's book which is reviewed below, followed by a summary of the research and important findings in the conclusion.
Scarcely a day goes by without a new service charge being assessed by banks for one service or another, and many American consumers have suffered as a result. Not only are the bankers after consumers' money, a whole laundry list of financial services organizations is standing by, ready to exploit the fiscally uninformed despite the protections afforded by the Credit Card Act of 2009. In this regard, Green emphasizes that, "After the shellacking that many have taken from the financial industry with their bank accounts, credit cards, mortgages, and investments in the past several years, you should know that the financial industry does not have your best interest at heart" (p. 7). Furthermore, Green suggests that the financial industry has intentionally created an environment in which it is difficult or even impossible for many American consumers to ever achieve financial independence. As Green points out, "The way they have treated many Americans, it appears that they don't even have a heart. They behave more like the mob (Banksters), by the tactics they employ against consumers keeping them in debt forever" (p. 7). While it is easy to point fingers at "evil bankers" as being responsible for many American's money problems, the issues involved are of course far more complex. The lingering effects of the Great Recession of 2008, for example, have plunged many Americans into a financial chasm from which there is no easy or quick return. According to Green, "The U.S. faces the most challenging era since The Great Depression. None of us have ever seen the breadth and depth of problems in our lifetimes that we now face in our economy, and everyone will be affected: individuals, households, businesses, and government" (p. 12). Complex problems, of course, demand complex solutions, and the current economic environment is certainly no exception. As Green points out, "It took 30 years to descend into our current economic abyss, and the structural issues left in the wake of the Financial Crisis of 2008 will require structural responses (realignment of our priorities and investment in our future) to resolve. (p. 12). While the challenges and obstacles to financial independence are great, so too are the rewards for those who succeed as explained by the author in his chapter one which is discussed further below.
Chapter 1: The Millionaire Mindset.
In this chapter, Green makes the point from the outset that in order to achieve financial independence, consumers must first develop a mindset to match. As the author points out, "If your mind is not right, you cannot build and sustain wealth for the long-term" (Green, p. 17). In other words, without a vision to guide them, consumers will continue flounder instead of making progress towards their goals.
The Brokenaires. In this section, Green elaborates on the distinction between those who were once rich but are now broke and the reverse wherein people who were once poor are now millionaires. The differences between these two groups, Green suggests, relates to their vision for the future and the how prudently and diligently they kept their eye on their monetary goals by putting their money to work for them. As Green puts it, "The millionaire mindset gives every dollar a job, no matter how many or few of them you have. You can easily go from riches to rags if your mind isn't right (like the Brokenaires)" (p. 18).
Brother Can You Spare A Dime. Even the most ambitious vision for financial independence will be ineffective without a written budget that can help achieve this goal. In this section, Green emphasizes the need to develop a budget that can help control consumers' money and to keep it working for them. In this regard, Green advises, "The purpose of your budget (which is the basis for any financial plan) is to ground your financial goals in reality and to give every dollar a job toward your financial goals" (pp. 18-19). The repeated emphasis on keeping consumers' money at work is one of the keys to achieving financial goals, Green says, and adds that fully 30% of most consumers' income simply disappears without any trace, making the need for a formal accounting all the more important.
Living Large. Most people live beyond their means, but Green cautions that doing so can cost even more in the long run. Many Americans, of course, are fond of instant gratification and delaying this is not a favored alternative. Nevertheless, delayed gratification today, Green says, can have enormous long-term implications. According to Green, "Decisions you make today, even if your financial goals are far into the future, either set you up for success or failure. Time can either be your friend or enemy" (p. 21). Even though "you can't take it with you," Green emphasizes the need to "keep it with you" as long as possible. In this regard, Green adds, "Living large today will certainly diminish the possibility of living in comfort later in life or retirement because of the opportunity cost imposed each day that your money is not working for you" (p. 21). For every dollar spent today, the author argues that consumers are missing out on the boat to financial freedom and it is easy to feel guilty about buying a Starbucks coffee today at $4 when Green says that that same $4 could earn a gajillion dollars by the time someone retires if it is put to its optimal use.
Pay Yourself First. This is some of the author's best advice in this chapter, Green emphasizes the need to set aside money for yourself first, and then pay everyone else. The author plays the guilt card here as well when he writes: "The amount of money you pay yourself now will have a direct impact on the quality of your life today and in the future. If more people paid themselves first, they would not overextend themselves with credit and they would feel a lot better about their future" (p. 24). Despite the uneasy feeling this creates in the reader that every dollar spent unnecessarily is a real crime, Green does make a good point with respect to the need to use this step as part of the larger vision toward financial freedom.
The Big Dog Playbooks. In his description of his implementation of his strategy for financial growth, Green emphasizes the need to prioritize the way money is spent. For instance, the author says that paying off credit cards first makes more sense than trying to save money since the pay-off is less for the latter. The overarching theme of this section is to put money to work where it will do the most good.
Top Up, Bottom Down. The next step in Green's strategy for financial growth concerns the need to plan ahead so that appropriate uses of money today will achieve these goals far into the distant future (at least from the perspective of many younger readers). In this regard, Green enthuses that, "If you save just $1 a day over your whole lifetime, say 70 years, you would have saved about $25,000. Assume an annual return of 8% (for the purpose of illustration), you would have created over $1 million in wealth" (p. 29). This is of course, that one successfully lives to be 70 years old and while that prospect is increasingly feasible, not everyone has a dollar a day or lives to be 70, but this is a dramatic example that makes a good point.
Free Money. The bank robber Willie Sutton once explained that he robbed banks "because that's where the money is." Similarly, Green advises that it is important to seek out opportunities such as employers matching funds for 401(k) or 403b contribution plans, as well as through individual retirement accounts. For the truly ambitious, Green goes on to explain the differences between the return rates that can be attained with these different investment methods and provides a ream of advice concerning the need for financial security.
The Credit Card Game. Easy credit is the devil's work from Green's perspective, and he practically suggests that every reader put his book down at once and cut up all of their credit cards. Otherwise, credit card consumers will just keeping feeding the beast that is keeping them down in the first place, but he does admit to the need for some credit in this form for financial security.…[continue]
"Money Game By Charles Green 2011 Presidential" (2011, November 25) Retrieved December 6, 2016, from http://www.paperdue.com/essay/money-game-by-charles-green-2011-presidential-47877
"Money Game By Charles Green 2011 Presidential" 25 November 2011. Web.6 December. 2016. <http://www.paperdue.com/essay/money-game-by-charles-green-2011-presidential-47877>
"Money Game By Charles Green 2011 Presidential", 25 November 2011, Accessed.6 December. 2016, http://www.paperdue.com/essay/money-game-by-charles-green-2011-presidential-47877


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Home >> Operation Research
Linear Programming Staffing Problem
(Nuclear plant staffing problem) South Central Utilities has just announced the August 1 opening its second nuclear generator at its Baton Rou, Louisiana, nuclear power plant. Its personnel department has been directed to determine how many nuclear technicians need to be hired and trained the remainder of the year.
The plant currently employs 350 fully trained technicians and projects the following personnel needs:
MONTH PERSONNEL HOURS NEEDEDAugust 40,000September 45,000October 35,000November 50,000December 45,000
By Louisiana law, a reactor employee can actually work no more than 130 hours per month. (Slightly over one hour per day is used for check-in and checkout, recordkeeping, and for daily radiation health scans.) Policy at South Central Utilities also dictates that layoffs are not acceptable in those months when the nuclear plant is overstaffed. So, if more trained employees are available than are needed in any month, each worker is still fully paid, even though It or she is not required to work the 130 hours.
Training new employees is an importantly costly procedure. It takes one month of one-to-one classroom instruction before a new technician is permitted to work alone in the reactor facility. Therefore South Central must hire trainees one month before they are actually needed. Each trainee teams up with a skilled nuclear technician and requires 90 hours of that employee's time, meaning that 90 hours less of the technician's time are available that month for actual reactor work.Personnel department records indicate a turnover rate of trained technicians at 5% per month. In other words, about 5% of the skilled employees at the start of any month resign by the end of that month. A trained technician earns an average monthly salary of $2,000 (regardless of the number of hours worked, as noted earlier). Trainees are paid $900 during their one month of instruction.
(a) Formulate this staffing problem using LP.(b) Solve the problem. How many trainees must begin each month?
Operation Research, Management Studies
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We are so excited that once again we will be presenting the Chamber Christmas Bonus. This year we are also expanding our contest to Fire and Rescue volunteers. Thanks to the generosity of an anonymous donor, the Patrick County Chamber of Commerce has been granted a fund to give 10 hardworking Patrick County citizens a $500 Christmas bonus. . . . read more
The 15th annual Apple Dumpling Festival will be held in downtown Stuart on Saturday, Oct. 22, from 10 a.m. to 4 p.m. There will be music, crafts, games, vendors' booths, autumn decorations, and inflatables for kids sponsored by Outdoor Entertainment. The music line-up will include the First Christian Church Choir, 10 a.m. to 10:45 a.m.; Marcie Horne, 11 a.m. to 11:45 a.m.; Fairy Ann and the Horses . . . read more
Saturday Oct. 22 at 8 AM ~ Apple Dumpling Festival 5K. Downtown Stuart. Registration starts at 7 AM, Race at 8 AM. Come run through downtown Stuart and long the Mayo River Rail Trail. Cost is $20 before 9/30, $25 after 10/1 until race day. For registration email firstname.lastname@example.com, or firstname.lastname@example.com, phone 540-570-3511. Stay for after the run for the Town of Stuart's Apple Dumpling Festival
Do you always have the best Christmas Decorations in your neighborhood? Would you yard make Clark Griswold envious? Well then the Patrick County Chamber of Commerce wants to recognize your hard work. County residents are invited to participate in the Chamber's 3rd Annual Holiday Home Decorating Contest. Once again this year our Top 3 will receive a cash prize. Third place will receive $50.00, Second Place will receive $75.00 and our Grand Prize Winner will be chosen from our entries and will be awarded $100 dollars. The winning entry will also be featured on the Chamber website and social media sites. The Christmas Home Decorating Contest is limited to county residents who have entered by 12 noon on Thursday, December 8, 2016. Judging will take place on Friday December 9, 2016 from 5:30-9:00 pm. All homes are asked to have their displays ready for judging at this time. The winner will be announced on Monday, December 12, 2016.
To enter: contact the Chamber of Commerce by phone at 694-6012 or email email@example.com and enter Christmas Home Decorating Contest in the subject line. Please provide your name and address when entering.
Willis Gap Comm Ctr OPEN JAM every Friday Night
7:00 pm - 10:00 pm
144 The Hollow Road
Ararat, VA 24053
Chateau Morisette - 11 a.m. – 4 p.m.
During the winery's highly-anticipated Black Dog Christmas Weekends, guests are welcomed with decked halls, complimentary tastings and up to 30 percent off wines as well as discounts on gift shop items. It's the perfect way to celebrate the holiday season and hand-select special gifts for family, friends and colleagues.


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Last-Minute Quilted Christmas Gift: FREE Pile of Presents Mug Rug Pattern
Our December Mug Rug of the Month will help you have a holly jolly Christmas.Read more »
From eye-catching patterns to time-saving tutorials and new techniques, enjoy endless quilting fun on the Craftsy Quilting Blog daily.
Our December Mug Rug of the Month will help you have a holly jolly Christmas.Read more »
Feeling blue? You're in luck — this week's prizes could have you doing a happy dance!Read more »
In between batches of Christmas cookies, whip up these 7 free patterns that are perfect for the kitchen.Read more »
Have we got a treat for you! Check out our dozens of free guides, packed with expert tips, tutorials and more.Read more »
'Tis the season to be creative! We're kicking off 12 days of holiday cheer with a big giveaway... find out how you could win here.Read more »
Why choose a vintage sewing machine over a more modern model? Find out here!Read more »
As quilters, we know the process is just as important as the finished piece. That's why, as we release an exclusive batik collection, we're celebrating the fabric by going back to the story of how it was made.Read more »
Don't wait to save big with our best deals of the year — they won't last much longer!Read more »
What would a year look like in stitches? Meet a fiber artist who's finding out.Read more »
You know that plain T-shirt at the back of your closet? Beth Galvin has three ideas for turning that top into one of your wardrobe staples.Read more »


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AviClean has twice the dirt-eating power as the leading poop remover.
AviClean is safe to use no need to remove your bird from the cage when you clean. AviClean is also a good deodorizer with a fresh minty smell. Also excellent for cleaning up dog and cat accidents. Can be used on carpets and wood floors.
Easy to use dual enzyme extra strength formula for a spotless clean with no scrubbing or rinsing. Use on cages , floors, toys, perches, walls, etc. Easily removes dried bird droppings, caked-on foods such as fruit, vegetables, nectar, pellets, hand feeding formula , regurgitated substances. Also great for dog and cat stains. Bird-safe and Biodegradable. Will not harm cages.
The new concentrate makes one gallon of AviClean. (32 Oz Spray top pictured.)
This product hasn't received any reviews yet. Be the first to review this product!
Taking care of a parrot can be challenging with great rewards if done correctly. Choosing the best parrot food is the most important thing you can do for your parrot.Find Pet Care Answers
All Parrot Products is the best source in the world for buying high quality parrot food and supplies for pet birds.
All Parrot Products is dedicated to providing the best parrot food and supplements for your parrot. All Parrot Products carries Goldenfeast, Harrision's, and Top's Parrot Food. Along with the leading seed diets made by Abba Seed and Volkman Seed
All Parrot Products offers the largest selection of parrot vitamin supplement from The Birdcare Company, Avitech, Vetafarm and Nekton.
All Parrot Products carries all of the top brands of organic and healthy foods, along with the best parrot supplements, treats, parrot perches, and parrot toys all in one location for easy access access to the world's best parrot nutrition providers.
We have a great rewards program and offer free shipping at $95.00
Parrots require fresh foods to stay healthy and active. Organic, human grade, and food that is not repackaged is the best way to provide optimal care and keep your parrots healthy.
Feeding your parrot right is much more in depth then just feeding a seed or a pelleted diet. Trusting leading brands is also not enough either. It's up to you, you need to read labels, and know what your feeding. All parrot food is not created equal. You will find that all ingredients are listed on all brands of parrot food so you can make the best choice for your type of parrot.
Because of the special needs of the Eclectus we have also labeled the foods that are safe for the Eclectus.
Please contact All Parrot Products if you have any questions or if I can be of any help.
Thank you for stopping bye.
All prices are in USD.


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Our rugs are all handmade pieces of art and you can choose from many different shapes, sizes and designs. Enjoy playful or elegant patterns and many different textures like knitted wool and kilim in colorful variations.
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× View Today's Deals
You missed it This great deal for Lilli Putt is over. But don't despair, we've got more great deals every day.
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This Coon Rapids family entertainment center offers fun for the whole crew, whether you want to strap in and speed around the go-kart track or take to the small sea for a little aquatic excitement with the bumper boats:
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- Revise laws that permit mentally ill adults to sign themselves out of treatment prior to being deemed able to succeed in the community.
- Create better programs to assist mentally ill adults in participating in the economic system and obtaining appropriate housing and medical care.
- Establish requirements for nurse-to-patient ratios that put patient safety first.
- Eliminate insurance companies and the for profit motive in medical care management with a more efficient and fiscally responsible single-payer system.
- Integrate mental health and education so that all children get the help they need early in life and thus prevent things like addiction and imprisonment.
- Guarantee that a woman's right to reproductive choice is protected and make sure that reproductive health care is accessible to all Ohio women.
Ban the practice of fracking in the Buckeye State.
Expand incentives for residential and business green energy projects, and eliminate laws that punish or discourage residents and businesses from escaping the grid.
Move all government buildings, schools and other public institutions to immediately begin retrofitting their facilities with green energy technology, saving taxpayer money on energy costs, helping reduce carbon emissions, and creating thousands of green energy jobs now.
Rid Ohio's creeks, rivers and lakes of industrial agriculture runoff, and the toxic algae blooms they create.
Create a network of intra-city high speed rail in Ohio.
- Oppose current legislative efforts in the Ohio General Assembly to cut funding for the Office of the Ohio Consumers Counsel.
- Phase out the routine feeding of antibiotics to healthy livestock.
- Increase development and expansion of local farmers markets.
- Support transition from direct payments in the federal farm program and the promotion of relying on sustainable market prices based on the cost of production.
- Reverse the current trend toward increased reliance on farmers and homeowners through property taxes.
- Establish "young farmers" credit facilities which would provide credit for young farmers on a long-term, pro-rated and low interest basis.
- Hold foreign producers to the same standards as those in the United States.
- End the senseless and Orwellian war on drugs in our state. Instead of police officers taking drug addicts to jail, under my plan we will take hard drug addicts to addiction clinics, funded by money saved from no longer sending offenders into jails, where recidivism is high, and our state has nothing to show for their efforts after 40 years, and too many tears.
- Legalize recreational and medicinal marijuana.
- Require that police departments return military grade weaponry like tanks and armored vehicles to the Federal government. Ohioans want to live in a free state, not a battlefield.
- Make private prisons illegal in our state.
- Outlaw red light cameras.
- Require cities to offer community service options for paying fines for traffic and other non-violent offenders who can prove an income-based inability to pay.
- Require body cameras on all police officers.


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Asking Price:$3,450,000
Cash Flow:$653,360
Gross Revenue:$2,800,000
Profitable! Expandable! Rare opportunity! Very low overhead!
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Manassas, VA
Asking: $93,500
Newport News, VA
Asking: $250,000
Charlottesville, VA
Asking: $85,000
Franchise Opportunity
Capital Required: $65,000
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» posted by Igor on Tuesday, February 2nd, 2016
Are all of these from Dirty Grandpa?
» posted by Sammy | February 6th, 2016 at 8:02 PM
The on-location paparazzi shots of him wearing flesh-colored boxer briefs under the stuffed bee over his crotch makes me wonder how many of these "nude" scenes of his in Dirty Grandpa are really nude scenes and not just him with the boxer briefs removed later via CGI. That wrecks my enjoyment of them.
» posted by luke | February 5th, 2016 at 2:28 PM
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» posted by Jake | February 2nd, 2016 at 5:42 PM
Thank you. You have my permission to continue this line of investigative journalism 'til the end of time!
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Gasquet, California, gets 64 inches of rain per year. The US average is 39. Snowfall is 1 inches. The average US city gets 26 inches of snow per year. The number of days with any measurable precipitation is 114.
On average, there are 185 sunny days per year in Gasquet, California. The July high is around 65 degrees. The January low is 40. Sperling's comfort index for Gasquet is a 78 out of 100, where a higher score indicates a more comfortable year-around climate. The US average for the comfort index is 54. Our index is based on the total number of days annually within the comfort range of 70-80 degrees, and we also applied a penalty for days of excessive humidity.
We're looking for comments about Gasquet. Express your opinion


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"Eden Visitor Centre" Top 5 Page for this destination Saint Austell Things to Do Tip by freya_heaven
Saint Austell Things to Do: 59 reviews and 95 photos
The walls are made of rammed earth.
Entrance to Eden is 12.00 Pounds, 9.00 Pounds for over 60s & free for children under 5
The opening times: Gates open at 9.30am and the Biomes at 10am till 6pm with the last entry at 4.30pm.
From here you can either walk down in to the quarry or get the little train which has an interesting commentary.
Directions: Entrance to the Eden Project
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Indiana ADA Parking Signs
The Indiana Code Annotated § 5-16-9-2 specifies that the reserved space or spaces must be reserved by posting immediately adjacent to and visible from the space or spaces a vertical sign measuring at least forty-eight (48) inches from the base of the sign, located in a manner that will not be obscured by a vehicle parked in the space, and bearing the international symbol of accessibility. Characters and symbols used on a sign must contrast with the background color of the sign. Please choose from our selection of MUTCD R7-8 signs below and include the supplemental van accessible sign when needed.
Federal Handicap Parking Sign
Item T4537
Federal Handicap Parking Sign (Double Arrow)
Item T4536
Federal Handicap Parking Sign (Right Arrow)
Item T4534
Federal Handicap Parking Sign (Left Arrow)
Item T4535
Federal Van Accessible Sign
MUTCD R7-8P/R7-8a
Item T4592


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Doctor insights on:
Spider Bite Turned Into Blister
Do non-spider bites blister?
Some do: A classic example is a tropical fire ant bite which develops into an aseptic pustule. ...Read more
Blistering (Definition)
Blistering is a bubble of skin filled with fluid. They can occur to excessive rubbing (as with a new pair of ...Read more
Do spider bites blister?
Yes, that can: Sometimes occur with both venomous and non-venous spiders. ...Read more
Spider bite and blister, is it okay?
Small blister is: Likely ok. Seek medical care asap if you think a spider bit you ; you have severe pain (can be felt at bite site ; possibly chest, back or abdomen); abdominal cramping /rigidness or ulceration of skin at site. You may need a tetanus shot (if you don't know when your last shot was or it has been > 10 years). Also medical care if you develop signs of secondary infection. ...Read more
Can spider bites get little blisters with clear fluid?
Natural Process: With injury to our skin, inflammation occurs which means the area becomes red, warm, tender and with swelling. Swelling occurs under the skin layers and causes them to bulge creating a protective fluid cushion called a blister. As the area heals, the fluid will be resorbed or when no longer needed, the blister opens and it drains. This should take about a week. Keep it covered and protected. ...Read more
Is it ok to pop a spider bite blister?
Recommend against it: Breaking open the blister will create a portal for infection. ...Read more
Should i pop hard blister from spider bite?
No, leave it : Intact to avoid increasing your chances for infection. ...Read more
Should i pop the blister on my spider bite?
NO: That would create an entry place for an infection. ...Read more
Should spider bite blisters be popped?
No: Nothing to be gained, and possibly cause further inflammation or infection. ...Read more
Will popping a spider bite blister make it worse?
Blister: If a blister is sterile, it does not need to be popped and may actually act as a barrier to infection. If their is surounding redness or tenderness, pop the blister, clean with soap and water and apply triple antibiotic ointment and a bandaid. See a doctor for signs of worsening tenderness redness or swelling. ...Read more
Is lancing a spider bite blister a good idea?
No: The reason is that once the skin is broken this acts as a portal for infection. ...Read more
Spider Bites (Definition)
Arachnid chomps on you! ...Read more
- Talk to a doctor live online for free
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- Ask a doctor a question free online
- Spider bites that cause blisters
- Tiny black dot that turned into tiny blister like itchy rash
- Talk to a dermatologist online


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10:58 May. 12, 2016
Crimean Tatars commemorate 71st anniversary of deportation (UNIAN Photo)
Police raided and searched Tatars' homes on occupied peninsula, arrested four persons
Four Tatars were arrested by the police in Russian-occupied Crimea on Thursday, May 12. The so-called local authorities accused them of taking part in "terrorist organisation" Hizb ut-Tahrir, prohibited by Russia.
The information about the arrests was published by Zair Smedlya, a Crimean Tatar activist and representative.
"After searches armed men has taken one of the Tatars to a, probably, police department. The searches continue. It seems, the law enforcers want to demonstrate to a Russian ombudsman, that human rights and freedoms are not violated in Crimea!", Smedlya posted on Facebook.
Read also: DW: 'Authorities are step-by-step escalating repression' in Crimea
The fact of the arrest was later confirmed by the so-called Crimean prosecutor Nataliya Poklonskaya.
"We are investigating a criminal case against three citizens of Crimea on suspicion of participation in terrorist organisation Hizb ut-Tahrir. Another suspect is accused of creating a terrorist group on the peninsula", Poklonskaya claimed in an interview.
Read also: Deportation of Crimean Tatars in 1944 must be recognised as genocide - Ukraine
Russia has been detaining and arresting Crimean Tatars on a regular basis since it occupied the peninsula. On May 7 police apprehended 25 people at the central market. The day before that police raided a local mosque and captured one hundred Tatars.
Ukraine and the West have repeatedly criticised Russia's actions towards the people. They have called on Moscow to stop violating the rights and freedoms of those who opposed the Kremlin.