Tuesday, November 26, 2019
Economic Values as Seen in Charlie And The Chocolate Factory essays
Economic Values as Seen in Charlie And The Chocolate Factory essays In the movie Charlie and the Chocolate Factory, Willy Wonka, the owner of the world known chocolate factory, decides to give out five golden tickets packed in the chocolate bars he produces. Winners of the golden tickets can go into the factory for a one day tour. Charlie Bucket, coming from a poor family, surprisingly finds the last golden ticket and goes into the factory for an amazing life changing tour. I found a few economic ideas throughout this movie, such as supply and demand, substitution effect, opportunity cost, and scarcity. I will explain how these principles were used in the movie. In When Shelf-Based Scarcity Impacts Consumer Preferences, Parker (2011) analyzed how scarcity affected peoples choices. I used this information to describe how scarcity was presented in Charlie and the Chocolate Factory. In Consumer demand for chocolate stays sweet, Mintel research group analyzed the market demand and gave out the sales report of the UK chocolate industry. I used this information to support my analysis of the use of supply and demand in the movie. In Rolling up the rim to success, Moskowitz (2011) described the promotion method used to maximize company's profit. I used this as an example to support my ideas on consumers buying incentives. Scarcity was presented in the first part of the movie. The factory owner, Willy Wonka, gave out only five tickets in the millions of chocolate bars. According to Sowell (2003), a famous American economist, The first lesson of economics is scarcity: There is never enough of anything to satisfy all those who want it (p.138) . In When Shelf-Based Scarcity Impacts Consumer Preferences, Parker (2011) said that scarcity affected products attractiveness: Scarcity increases consumers preference for desirable, but not undesirable goods. Potential causes of scarcity effects include reactance and, naive eco...
Friday, November 22, 2019
8 Signs You Need To Get Out of Corporate America
8 Signs You Need To Get Out of Corporate America There are a lot of perks that come with working in corporate America: the pay is usually good, there are usually decent benefits, and sometimes you get to sit in beanbag chairs and get your work-out in during your lunch break. But there are also a ton of drawbacks. Here are 7 reasons youââ¬â¢re probably not well suited to the corporate climate and might consider getting out. You shouldnââ¬â¢t necessarily quit and run off to join the circus, but, you know, start looking around for other opportunities.1. Youââ¬â¢re not a natural brown noser.Schmoozing is a requisite for the corporate world. Your talent and skills and the work you deliver- no matter how top notch- is not enough to get ahead. You could be by far the strongest link on the team and still get passed up for promotion in favor of some guy who just knows how to kiss butt. If youââ¬â¢re not the type to cultivate this skill, or you find the whole process abhorrent, maybe corporate is not for you.2. Phonies make you s ick.Ever had a conversation with someone in the business world where you can tell theyââ¬â¢re not really listening, not really there? Laughing at jokes like a zombie chorus when the jokes arenââ¬â¢t even funny? Coming out with lines that sound right out of an HR ad? Spewing corporatese left and right with no idea what theyââ¬â¢re really trying to communicate? If you canââ¬â¢t handle a world of fake smiles and meaningless buzzwords anymore, just remember: itââ¬â¢s not you, itââ¬â¢s them.3. You yearn to be in charge.Youââ¬â¢re not in the driverââ¬â¢s seat for your career- the corporation is. It will look after itself first and foremost: its own health, goals, longevity, and profit margin. If you want more control or agency in the way your career moves forward, try smaller businesses or other career avenues.4. Benefits go bye-bye.You used to get great perks and full benefits packages in corporate gigs. But nowadays, more companies are cutting costs by passing th ose costs on to their employees. Keeping their workers loyal, healthy, and happy is not as much of a priority anymore compared with profit margins and appeasing shareholders. Youââ¬â¢re just a cog after all- and totally replaceable. If you want to be valued for your loyalty, maybe start looking elsewhere.5. Youââ¬â¢re not into being cutthroat.People are leaping over the backstabbed dead bodies of their colleagues to get ahead. And this type of behavior will always be rewarded. If youââ¬â¢re a bit too tenderhearted for this, then you should rethink where youââ¬â¢re working. Especially considering youââ¬â¢re not necessarily being rewarded for your talents.6. Itââ¬â¢s all about the money.No one cares about you personally in a corporate job- and certainly not your partner, your aging parents, or your kids. No one really cares about making a difference or saving the world- despite what their commercials lead you to believe. What they care about is profit. Thatââ¬â¢s the bottom line. If youââ¬â¢re more altruistic, or just a little bit less profit-obsessed, maybe move along.7. The hours are too much to handle.Itââ¬â¢s one thing putting in ridiculous hours for a job you really love, one thatââ¬â¢s really doing something for your life and career goals, i.e. doing what you love. Itââ¬â¢s another thing entirely to be slaving away nights, weekends, after hours, when you know youââ¬â¢re not personally valued and the work youââ¬â¢re doing isnââ¬â¢t making much of a difference in the world.8. Youââ¬â¢re too creative.Never mind being too tenderhearted for the vicious Game-of-Thronesy work climates, youââ¬â¢re just too darned creative for the structure and the monotony of meetings and memos that comprise the corporate 9-to-5. Maybe you find yourself unable to focus with all the meaningless noise. Maybe youââ¬â¢re not productive on the normal daily schedule, and work best from, say, noon to six. Maybe your brain works best in f its of productivity, with plenty of time to roam around and do other tasks in between, to rest your juices. Maybe youââ¬â¢d be much better off getting paid a higher amount per hour, and working fewer hours. Maybe you just feel a cubicle is a cage for your brain. Maybe numbers arenââ¬â¢t your jam. And maybe, just maybe, youââ¬â¢re incredibly talented and need a bit of an unorthodox structure in a place that values your particular set of skills. Either way, youââ¬â¢re very likely to be stifled in the corporate world.
Thursday, November 21, 2019
Credit card and Biometrics Research Paper Example | Topics and Well Written Essays - 1750 words
Credit card and Biometrics - Research Paper Example Physical characteristics such as face, finger prints and behavioural characteristics such as voice, body movements (Eye movements) etc are used extensively in biometrics to identify a person. The credit card provider take note of either one of the biometric characteristics mentioned above for making and storing biometric template in the master computer at the time of issuing the card. The card holder needs to scan the particular biometric characteristics against a scanning system whenever he was planning to use the credit card for some services. Biometrics increases the safety, security and reliability of the credit card system. Moreover it is inexpensive, fast and easy to use as well. The major disadvantage of biometrics is the loss of privacy. Considering the improvements in electronic transactions, it is necessary to increase the safety of the credit card transactions and the use of biometrics in credit card services seems to be the option for the future. "A credit card is a thin plastic card, usually 3-1/8 inches by 2-1/8 inches in size, that contains identification information such as a signature or picture, and authorizes the person named on it to charge purchases or services to his account -- charges for which he will be billed periodically. Today, the information on the card is read by automated teller machines (ATMs), store readers, and bank and Internet computers" (How Credit Cards Work, 2008).Credits cards are a type of plastic card with a magnetic strip which is used extensively to borrow money or to buy products or services. The card holder need not carry money always with him for his purchasing needs. He can use the credit cards to purchase an object directly or indirectly through internet from anywhere in the world. Each credit card may have the name of the card holder affixed and a unique number. Moreover, a personal identification number (PIN) is also provided by the financial institution which supplies the credit card to its customers. This PIN would be useful for the card holder when he want to withdraw money from Automatic Teller Machines (ATM). Problem "In the end of 2005, MasterCard and Visa generated a sales volume of more than $190.6 billion, from the circulation of approximately 56.4 million credit cards across Canada. Credit card fraud statistics show that about $2.8 million was lost due to credit card fraud, from fraudulent use of MasterCard and Visa alone. In total, credit card fraud costs cardholders and credit card issuers as much as $500 million a year" (Credit Card Fraud Statistics and Facts, 2009) Credit card forgery is one of the big headaches faced by the cyber crime investigating agencies. The big problem associated with credit card is that anybody who knows the card number can use it. Even though many security measures provided by the card supplier for the customers, forgers have better technologies to steal the credit card numbers while the card holder using it somewhere for his purchasing needs or money withdrawal purposes. Biometrics is a new technology incorporated to credit card uses to prevent the card forgery . Instead of the card number, in biometrics oriented credit cards, the finger print, voice or the face of the card hold
Tuesday, November 19, 2019
Introduction to Quality Assurance Essay Example | Topics and Well Written Essays - 750 words - 3
Introduction to Quality Assurance - Essay Example It is also responsible for coordinating and monitoring access to care, developing programs, and evaluating the quality of healthcare services in accordance with guidelines from the Department of Defense, Lead Agent, Regional 12, and Health Affairs. Specialist Referralsââ¬â The Primary Care Physician (PCP) may request a consultation from a participating specialist physician at any time.à The PCP determines the number of visits authorized.à Specialists may include ââ¬â Gynecologist, Radiation Oncologists, Ophthalmologists, Pediatric Ophthalmologists, Retinologists and Allergists etc. Emergency Room Services ââ¬âAn emergency medical condition is defined as a condition that manifests itself by acute symptoms of sufficient severity (including severe pain) that a prudent layperson with an average knowledge of health and medicine could reasonably expect the absence of immediate medical attention to result in any of the following: Out-of-Plan Referralsââ¬â All out-of-Plan referrals require Plan prior authorization at Guam.à These requests are reviewed on an individual basis.à Determinations are made based on the patients medical needs and the availability of services to meet these needs within the provider. Tertiary Care Servicesââ¬â All referrals to plan tertiary care centers are reviewed on an individual basis.à The members medical needs and the availability of requested services within the non-tertiary care network are taken into consideration. Discharge Planning ââ¬â Patients who require continuing care after release from the hospital are identified and the appropriate services are arranged through participating home care, medical equipment and other providers. The facilityââ¬â¢s Utilization Management Program may need continued review on a periodic basis in order to keep it on par with the model Utilization Management Program as described by the HealthCare Advisory Council. In keeping with these lines, the program is
Saturday, November 16, 2019
Rewarding and Punishment the Same Behavior Essay Example for Free
Rewarding and Punishment the Same Behavior Essay What type of reinforcement schedule does random drug testing represent? Is this type of schedule typically effective or ineffective? Answer: The case study ââ¬Å"Professional sports: Rewarding and punishment the same behaviorâ⬠was about how in a baseball game steroids are being used and the offense which has been caused by it. The type of reinforcement schedule discuss in this case was the random drug testing which presents the fact that most of the times baseball players are not aware of the point that they are taking drugs. This is because they donââ¬â¢t take it intentially but given by their coaches to improve performance of the player in game. According to the case I agree with the decision of commissioner of the baseball. According to his decision, he gave a second chance to the players who did not know that their coaches were giving them drugs. Whereas, he declared a ten day suspension for the first time offenders from playing the game. But congress and the general public was not satisfied so the commissioner incorporated tougher rules to play in the game such as the ââ¬Å"three strikes, and you are outâ⬠policy wherein the first time offenders were suspended from playing the game for 50 days, the second time offenders were suspended from playing the game for 100 days and the last one was a ban wherein the player cannot further play the game. Due to the usage of steroids the rules in the other games even became tougher. The NFL and the NBA also had to check their players if they were using drugs while playing the game. The coaches in the baseball game needs to be strict while choosing their best players to play the game. The coaches need to be strict with rules of the game and as well as the players to stop using the usage of steroids in the baseball game. A fine or a suspension is considered as a minor part whereas the ultimate decision to ban the player is the correct decision which is made by the commissioner of baseball. . Whereas to find whether its effective or not we can see that the type of reinforcement schedules that random drug testing represent is the variable interval type. As defined, this type of schedule occurs when a response is rewarded after an unpredictable amount of time has passed. In the case, the reinforcement schedule is done randomly and unexpected. It is typically effective because athletes not aware of the test and when these tests will be taken place. Therefore, athletes are unprepared. Unlike a fixed variable reinforcement schedule, athletes have a fixed time of when the tests will be scheduled so they can prepare and make sure their systems are clean before they take the test. . 2. What are some examples of behaviors in typical organizations that supervisors reward but may actually be detrimental to others or to the organization as a whole? As a manager, what might you do to try to avoid this quandary? . Answer: The main example of a behavior in a typical organization that supervisors reward but may actually be detrimental to others or to the organization as a whole is athletes taking steroids. When athletes take steroids to enhance their performance abilities, they are misleading their managers and their fans. Initially, it may be rewarding because everyone involved gains from the profitability, sports merchandise, increased popularity and success. But in the end, when it is discovered that the athlete achieved recognition with the aid of steroids he destroys his reputation and also his teamââ¬â¢s and countryââ¬â¢s reputation and the loyalty the fans had for him. If I was a manager, what I might do in order to avoid this quandary, if I was made aware of someone using steroids, I would do a random drug testing as soon as possible instead of having the whole team suffer for that one insubordinate athlete. . If you were the commissioner of baseball, what steps would you take to try to reduce the use of steroids in baseball? Is punishment likely to be the most effective deterrent? Why or why not? Answer: If I was the commissioner of baseball, there are several steps that I would take to try to reduce the use of steroids in baseball. First of all, I would reinforce to all the athletes tha t if someone is caught using steroids they will be thrown off the team. Second, I would continue to do random drug testing. Punishment is not likely to be the most effective deterrent. This will only cause athletes to stop playing and taking steroids for a certain period of time. In addition to it I would also have taken some steps as taken by the commissioner in this case. For the 1st time offender who didnââ¬â¢t know that they were being drugged by their coaches should be suspended for few games. In addition to that the coach must be strictly punished a huge sum of fine plus life time ban from the game. Whereas, for those who have offended it for the first time knowingly, must be suspended for a year plus a heavy amount fine should be imposed on them. And for those who have repeated it should be banned from baseball sport. The second part of the question was ââ¬Å"Is punishment likely to be the most effective deterrentâ⬠? For me yes, punishment is the most effective deterrent. It is the competition that everyone loves. The feeling of winning makes many people do anything to achieve it. Even if this means one must cheat to win. Many players used and still use steroids to enhance their muscles so they are stronger during game play. There can be two ways of stopping the player not to use steroids, either by rewarding or by punishing. Rewarding in the sense, we can give incentives to players for not using them but the incentives of winning will be more attractive than these. Therefore one can punish the player if they use those incentives. A player cheats to win money, fans and fame. But if they are found to be using steroids, they will lose their fame and fans and should also be heavily fined. 4. Is it okay to allow potentially unethical behaviors, which on the surface may benefit organizations, to persist? Why or why not? Answer: No, unethical behaviors must not persist even if on the surface they may benefit organizations. For short term it may be beneficial but not in long run. Any unethical behaviors can directly affect the reputation of the organization. And in todayââ¬â¢s world a good reputed organization is the most important part of organization building. People like to buy the service or product from a good reputed organization. It creates goodwill of the organization. For example, in context of the given case, organization can be the baseball team and unethical behavior can be the use of steroids by the players. This may help the team to build a strong impression and can help them to win many games as well. But the day general public will learn that the victory is not due to the hard work but rather than steroids, all of their impression will be on stake. They may lose their sponsors, fans and reputation. Same was the case happened with Pakistani cricket team. Few of the players of Pakistani cricket team player, Salman Butt, M. Amir and Asif, were involved in match fixing. They might have earned a lot from that but when it was exposed they were punished. They had to pay double amount of fine of what they earned. In addition to it now none of the companies will like to endorse just players who are involved in unethical activities. In addition to it they lost all their fans. Almost every Pakistani doesnââ¬â¢t like them because they created a bad impression of Pakistan in the global world. As well as destroyed the image of the Pakistani team nationally and internationally. Can you imagine cheating and excellence in the same sentence? What does known cheating and the Hall of Fame have in common? What does shameful and The Hall of Fame have in common? Does known cheating and excellence equal The Hall Of Fame? This debate doesnt have two sides. There are no hairs to split. There are no counter arguments to argue. Cheating is not how to get ahead. Cheating isnt even how to compete. Even if youre never found out, Its a setup for failure elsewhere in life. Anyone that has admitted or has been proven to have used performance enhancing drugs should never even be considered for the Hall Of Fame.
Thursday, November 14, 2019
Challenges of Managing a Non-Profit Organizations Essay -- Business
There are different challenges a non-profit organization face, although I believe that those same challenges are faced on for profit organization either at the same level or very similar. Trust is an issue that both non-profit and for profit organizations will encounter at some point in their business and therefore they would need to be as transparent as possible. Transparency entitles you to provide clear statements of where your money goes, how it is utilized in your organization, and how it is making your organization accomplish their goals. It is not the only thing that is necessary to make the stakeholders, other business, employees or anyone interested in other business to trust in your organization. For a non-profit organization trust is a key element to engage volunteers, donors and other business; without trust chances are that the organization might fail to achieve their mission. Trust is acquire by performing the goals you have set for your mission and not deviatin g from it, at least not too far from achieving the organizations goals either for non-profit or for profit organization. It is also important to have a plan (Taylor-Hamm) in case there is a catastrophic event that might jeopardize your organization, it will help you foresee adverse situations and you will be better prepared in case your first plan fails. Performance challenges are faced in the same manner on both types of organizations non-profit and for profit organization. However they might be measured in a different way due to the different types of mission they have set for themselves and the different outcome they might expect. There are different ways that a manager can measure the work performance of their employees, by what they produce, b... ...that I should mention and that is that most of these corporations that have partnered with Childrenââ¬â¢s Miracle have been with them for more at least 10 years. What is most important of all the sponsors is that they share a common vision with Childrenââ¬â¢s Miracle. There is one thing that left me amazed and that was that most of the sponsors do some other type of fundraising for other organizations and that that like RE/MAX says ââ¬Å"the power of many is to make a difference...they have learned that genuine compassion in life directly corresponds to meaningful success in business and that in RE/MAX is called Premier Community Citizenship-performing ordinary acts of extraordinary generosityâ⬠(Childrenââ¬â¢s Miracle). If there has been a problem that might have affected either Childrenââ¬â¢s Miracle or their sponsors and than that sponsor is no longer part of this tremendous cause.
Tuesday, November 12, 2019
Morality in Islam Essay
Morals are the standards set by society for an ethical human behavior. It can also be called the ability to distinguish between right and wrong. Morality is the adherence to the moral values present in the society, especially the following of good moral conduct. Islam is a comprehensive way of life, and morality is one of the cornerstones Islam. Morality is one of the fundamental sources of a nationââ¬â¢s strength, just as immorality is one of the main causes of a nationââ¬â¢s decline. Islam has established some universal fundamental rights for humanity as a whole, which are to be observed in all circumstances. To uphold these rights, Islam has provided not only legal safeguards, but also a very effective moral system. Thus, whatever leads to the welfare of the individual or the society and does not oppose any maxims of the religion is morally good in Islam, and whatever is harmful is morally bad. Given its importance in a healthy society, Islam supports morality and matters that lead to it, and stands in the way of corruption and matters that lead to it. The guiding principle for the behavior of a Muslim is ââ¬Å"Virtuous Deedsâ⬠. This term covers all deeds, not only acts of worship. The Guardian and Judge of all deeds is God Himself. Morals in the general society might have evolved considerably over the centuries but their main purpose remains the same; i. e. to practice good behavior and abstain from ill doings and injustice. The pursuit of justice, tolerance and fairness has been appreciated and upheld by man for centuries, and detest for evil doings and cruelty has been ever present. Morality has a very important role in the religion of Islam and in the life of a Muslim. Islam tells us that the conscience of a person has it in him to do good deeds and refrain from evil. The Holy Quran calls good, maruf-a well known things and evil, munkar-an unknown thing. It means that it is desirable to do good deeds and undesirable to indulge in evil practices. The Quran says: ââ¬Å"By the Soul! And the proportion and order given to it, and its enlightenment as to its wrong and its right- truly he succeeds that purifies it, and he fails that corrupts it. â⬠(91:7-10) The moral values in Islam deal with the relationship of a man with his God, man with his fellow beings and the manââ¬â¢s relationship with his soul. The moral codes given to Muslims to follow are Divine guidance from Allah himself. These codes and values stand the test of time and are universal in their nature. One can realize how much importance and is given to morals in Islam. The Holy Prophet (pbuh) said that the good manners and morals were the real test of a manââ¬â¢s excellence. He (pbuh) said: ââ¬Å"The best of you are those who have the most excellent morals. â⬠The moral values of Islam are instrumental towards creating a healthy and a sustainable society. The moral values in Islam emphasize on piety, patience, forgiveness, justice, kindness brotherhood, equality, truthfulness, lawful earning and acquisition of knowledge. The Holy Quran signifying the value of justice says; ââ¬Å"â⬠¦for Allah loves those who are fair and just. â⬠(49:9) The morals in Islam also incorporate the conduct of an individual towards his parents, spouse, relatives and neighbors. Islam instructs the follower to give his fellow beings their due rights and complete his obligations towards them. The guidance for human beings to live their life in Islam comes through Divine commands. The promise of paradise, and the warning from the inexplicably hot fire of the hell, motivates the believer to follow the right path. The Divine guidance sets the standard for the most excellent possible moral behavior. Importance of morality in Islam is beautifully captured in the saying of the Holy Prophet (pbuh): ââ¬Å"The thing which will make the majority of the people enter Paradise is fear of Allah and good manners. â⬠he most fundamental characteristics of a Muslim are piety and humility. A Muslim must be humble with God and with other people: ââ¬Å"And turn not your face away from people (with pride), nor walk in insolence through the earth. Verily, God likes not each arrogant boaster. And be moderate (or show no insolence) in your walking, and lower your voice. Verily, the harshest of all voices is the voice (braying) of the ass. â⬠(Quran 31:18-19) Muslims must be in controls of their passions and desires. A Muslim should not be vain or attached to the ephemeral pleasures of this world. While most people allow the material world to fill their hearts, Muslims should keep God in their hearts and the material world in their hand. Instead of being attached to the car and the job and the diploma and the bank account, all these things become tools to make us better people. ââ¬Å"The Day whereon neither wealth nor sons will avail, but only he (will prosper) that brings to God a sound heart. â⬠(Quran: 26:88-89) Principles of Morality in Islam. God sums up righteousness in verse 177 of Surat Al Baqarah: ââ¬Å"It is not righteousness that you turn your faces towards East or West; but it is righteousness (the quality of ) the one who believes in God and the Last Day and the Angels, and the Book, and the Messengers; who spends of his wealth, in spite of love for it, to the kinsfolk, to the orphans, to the needy, to the wayfarer, to those who ask and for the freeing of slaves; and who is steadfast in prayers, and gives Zakah (Alms); and those who fulfill their covenants which they made; and who are patient and perseverant in poverty and ailment and throughout all periods of fighting. Such are the people of truth, the pious. â⬠This verse teaches us that righteousness and piety is based before all else on a true and sincere faith. The key to virtue and good conduct is a strong relation with God, who sees all, at all times and everywhere. He knows the secrets of the hearts and the intentions behind all actions. Therefore, a Muslim must be moral in all circumstances; God is aware of each one when no one else is. If we deceive everyone, we cannot deceive Him. We can flee from anyone, but not from Him. The love and continuous awareness of God and the Day of Judgment enables man to be moral in conduct and sincere in intentions, with devotion and dedication: ââ¬Å"Indeed, the most honorable among you in the sight of God is the most pious. â⬠(Quran 49:13) Then come deeds of charity to others, especially giving things we love. This, like acts of worship, prayers and Zakah (mandatory alms), is an integral part of worship. A righteous person must be reliable and trustworthy. Finally, their faith must be firm and should not wane when faced with adversity. Morality must be strong to vanquish corruption: ââ¬Å"And God loves those who are firm and steadfast. â⬠Patience is often hardest and most beautiful when itââ¬â¢s against oneââ¬â¢s own desires or anger: ââ¬Å"And march forth toward forgiveness from your Lord, and for Paradise as wide as are the heavens and the earth, prepared for the pious. Those who spend (in the way of God) in prosperity and in adversity, who repress anger, and who pardon people; verily, God loves the doers of the good deeds. â⬠(Quran 3:133) These three acts are among the hardest things for most people, but they are also the key to forgiveness and to paradise. Are they not the best, those who are able to exercise charity when they are in need themselves, control when they are angry and forgiveness when they are wronged? This is the standard by which actions are judged as good or bad. By making pleasing God the objective of every Muslim, Islam has set the highest possible standard of morality. Morality in Islam addresses every aspect of a Muslimââ¬â¢s life, from greetings to international relations. It is universal in its scope and in its applicability. Morality reigns in selfish desires, vanity and bad habits. Muslims must not only be virtuous, but they must also enjoin virtue. They must not only refrain from evil and vice, but they must also forbid them. In other words, they must not only be morally healthy, but they must also contribute to the moral health of society as a whole. ââ¬Å"You are the best of the nations raised up for (the benefit of) men; you enjoin what is right and forbid the wrong and believe in God; and if the followers of the Book had believed it would have been better for them; of them (some) are believers and most of them are transgressors. â⬠(Quran: 3:110) The Prophet, may the mercy and blessings of God be upon him, summarized the conduct of a Muslim when he said:ââ¬Å"My Sustainer has given me nine commands: to remain conscious of God, whether in private or in public; to speak justly, whether angry or pleased; to show moderation both when poor and when rich, to reunite friendship with those who have broken off with me; to give to him who refuses me; that my silence should be occupied with thought; that my looking should be an admonition; and that I should command what is right. â⬠The love and continuous awareness of God and the Day of Judgment enables man to be moral in conduct and sincere in intentions, with devotion and dedication. The Glorious Qurââ¬â¢an also says:Say: the things that my Lord hath indeed forbidden are: shameful deeds, whether open or secret; sins and trespasses against truth or reason; assigning of partners to Allah, for which He hath given no authority; and saying things about Allah of which ye have no knowledge. [Al-Qurââ¬â¢an 7:33]It is interesting that the Qurââ¬â¢an refers to ââ¬Å"sins and trespasses against truth or reasonâ⬠. It is an indication of Godââ¬â¢s blessing to every human being, of an innate moral sense. Such a moral sense, when uncorrupted by family or society, is what leads people to commendable acts of virtue. Islam aims to enhance and amplify the moral sense in every human being and adorn the individualââ¬â¢s character with the noblest of virtues. The Islamic moral principles therefore, appeal naturally to the human intellect, while elevating the pursuit of morality to the level of worship. This is because Islam holds every action that is done with the goal of attaining of Godââ¬â¢s pleasure to be worship. | Morality and the individual The guiding principle for the behavior of a Muslim is what the Qurââ¬â¢an refers to as Al `Amal Assalih or virtuous deeds. This term covers all deeds, not just the outward acts of worship. Some of the most primary character traits expected of a Muslim are piety, humility and a profound sense of accountability to God. A Muslim is expected to be humble before God and with other people. Islam also enjoins upon every Muslim to exercise control of their passions and desires. Islam warns against vanity and excessive attachment to the ephemeral pleasures of this world. While it is easy to allow the material world to fill our hearts, Islam calls upon human beings to keep God in their hearts and to use the material world in moderation and in accordance with Godââ¬â¢s guidance. The Glorious Qurââ¬â¢an says: ââ¬Å"The Day whereon neither wealth nor sons will avail, but only he (will prosper) that brings to Allah a sound heartâ⬠[Al-Quran: 26:88-89] Charity is one of the most commendable acts in Islam. In fact, Zakah, the annual charity that is obligatory on every Muslim who has accrued wealth above a certain level, is one of the pillars of Islam. Gratitude in prosperity, patience in adversity, and the courage to uphold the truth, even when inconvenient to oneself, are just some of the qualities that every Muslim is encouraged to cultivate. Morality and Society For an individual as well as a society, morality is one of the fundamental sources of strength, just as immorality is one of the main causes of decline. While respecting the rights of the individual within a broad Islamic framework, Islam is also concerned with the moral health of the society. Thus, everything that leads to the welfare of the individual and the society is morally good in Islam, and whatever is harmful is morally bad. Given its importance to a healthy and just society, Islam supports morality and matters that lead to the enhancement of morality, and stands in the way of corruption and matters that lead to the spreading of corruption. The injunctions and prohibitions in Islam are to be seen in this light Conclusion Morality in Islam addresses every aspect of a Muslimââ¬â¢s life, from greetings to international relations. It is universal in its scope and in its applicability. A Muslim is expected to not only be virtuous, but to also enjoin virtue. He/She must not only refrain from evil and vice, but must also actively engage in asking people to eschew them. In other words, they must not only be morally healthy, but must also contribute to the moral health of society as a whole. The Prophet Mohammed (peace be upon him) summarized the conduct of a Muslim when he said: ââ¬Å"My Sustainer has given me nine commands: to remain conscious of God, whether in private or in public; to speak justly, whether angry or pleased; to show moderation both when poor and when rich, to reunite friendship with those who have broken off with me; to give to him who refuses me; that my silence should be occupied with thought; that my looking should be an admonition; and that I should command what is right. ââ¬
Saturday, November 9, 2019
Default Judgment Motion
IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION IN RE::CASE NO. 04-60600 : ROY JESSE LISATH,:CHAPTER 7 STEPHANIE MYLO LISATH,: :JUDGE HOFFMAN Debtors. : : SSN: (LAST FOUR DIGITS ONLY) 0486: SSN: (LAST FOUR DIGITS ONLY) 9643: ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â RODELL RAHMAAN,:Adv. Pro. No. 05-02049 Plaintiff,: vs. : ROY J. LISATH, aka ROY JESSE LISATH,: Defendant. : PLAINTIFFââ¬â¢S RENEWED MOTION FOR DEFAULT JUDGMENT Now comes the Plaintiff, Rodell Rahmaan (hereinafter ââ¬Å"Rahmaanâ⬠), by and through his undersigned attorney, and respectfully MOVES this Honorable Court for the entry of JUDGMENT BY DEFAULT against the Defendant, Roy J. Lisath, aka Roy Jesse Lisath (hereinafter ââ¬Å"Lisathâ⬠), for the relief demanded in the Complaint, specifically that any judgment later obtained by Rahmaan upon those claims which are the subject matter of that certain civil action entitled Rodell Rahmaan v. City of Columbus, et al. designated case number C2-02-989, pending in the United States District Court for the Southern District of Ohio, Eastern Division, be DECLARED to be excepted from discharge upon the grounds set forth in 11 U. S. C. à §523(a)(6), namely for willful and malicious injury. This Motion renews a Motion for Default Judgment previously served and filed on March 15, 2005, denied without prejudice by this Courtââ¬â¢s Order entered March 24, 2005. Your Movant grounds this Motion upon the Memorandum more specifically set forth hereinafter. Respectfully submitted, /s/ Daniel K. Friend Daniel K. Friend(0019648) 118 East Main Street Columbus, Ohio 43215 Telephone: (614) 221-3355 Facsimile: (614)-221-3391 Email: [emailà protected] net Attorney for Plaintiff MEMORANDUM I. Introduction Rule 7055 B. R. incorporates Rule 55 F. R. Civ. P. , which in turn in pertinent part provides: ââ¬Å"(a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the partyââ¬â¢s default. ââ¬Å"(b) Judgment. Judgment by default may be entered as follows:â⬠ââ¬Å"(1) By the Clerk. When the plaintiffââ¬â¢s claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the clerk upon request of the plaintiff and upon affidavit of the amount due shall enter judgment for that amount and costs against the defendant, if the defendant has been defaulted for failure to ap pear and is not an infant or incompetent person. â⬠ââ¬Å"(2) By the Court. In all other cases the party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a general guardian, committee, conservator, or other such representative who has appeared therein. If the party against whom judgment by default is sought has appeared in the action, the party (or, if appearing by representative, the partyââ¬â¢s representative) shall be served with written notice of the application for judgment at least 3 days prior to the hearing on such application. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper and shall accord a right of trial by jury to the parties when and as required by any statute of the United States. â⬠Rahmaanââ¬â¢s Adversary Complaint was filed with the Clerk on February 1, 2005. Service of Summons and a copy of the Complaint upon Lisath and upon his attorney Eden Renee Sarver, Esq. , was made to each on February 3, 2005, and proof of service thereon was filed upon the same date. More than twenty days have elapsed since completion of said service of process. No answer or other defense, nor any motion requesting an extension of time to respond to Rahmaanââ¬â¢s Complaint, has yet been filed or served upon the undersigned. Lisath is in default. See Rules 7004 and 7012 B. R. Rahmaanââ¬â¢s earlier Motion for Default Judgment was denied without prejudice, and the within Motion, supported by a Memorandum with attachments, provides an adequate basis for granting the relief sought. II. Summary of the Facts On July 2, 2004, Lisath filed a joint petition, together with his spouse, in this Court, commencing a proceeding under Chapter 13, Title 11 U. S. C. , designated case number 04-60600 (hereinafter ââ¬Å"the main caseâ⬠). The main case was converted to a proceeding under Chapter 7 on November 2, 2004. At the time of the commencement of the main case Lisath was a defendant in a civil action pending in the United States District Court for this district entitled Rahmaan v. City of Columbus, designated case number 02-CV-989, together with other defendants (hereinafter ââ¬Å"the district court actionâ⬠). The district court action arose originally from a re-filed civil action brought in the Franklin County, Ohio, Court of Common Pleas. The initial complaint commencing the initial civil action was filed on April 30, 1998. That civil action was subsequently voluntarily dismissed on September 13, 2001, but with the right reserved to re-file within the applicable one-year period of time (see Rule 41(A) Ohio Rules of Civil Procedure and à §2305. 19 O. R. C. ). A new civil action was commenced by re-filing a Complaint upon the same claims and brought in the same court on September 9, 2002. This re-filed action was subsequently removed to District Court on October 4, 2002 (see copy of Notice of Removal with annexed copy of Summons and Complaint attached hereto as Exhibit ââ¬Å"Aâ⬠). The district court action has not yet gone to trial, and Rahmaan was a scheduled creditor in the main case, although reflected upon Lisathââ¬â¢s and his wifeââ¬â¢s Schedule F with no description as to his claim, except ââ¬Å"notice only. â⬠Rahmaan holds an unliquidated claim for the excessive use of force by Lisath and two other co-defendants in the district court action. All other claims Rahmaan has had heretofore against Lisath have been dismissed by Summary Judgment granted in the district court action (see copy of Opinion and Order in the district court action attached hereto as Exhibit ââ¬Å"Bâ⬠). The operative facts underlying Lisathââ¬â¢s claim are summarized by the Court in the district court actionââ¬â¢s Opinion and Order, as follows: ââ¬Å"Plaintiff Rodell Rahmaan brings various claims against the city of Columbus, Ohio, and several of its police officers, arising out of incidents which occurred at his home on April 27, 1997, and April 30, 1997. Plaintiff has been engaged in a dispute with his neighbor, James Casey, for a period of time prior to the events in question. Casey had called the police complaining of loud music coming from Plaintiffââ¬â¢s residence on several occasions. Plaintiff perceived this as harassment. On Sunday morning, April 27, 1997, Officer Olander Parks was dispatched on a disturbance call to Caseyââ¬â¢s residence. Upon arrival, he observed Casey standing on his porch engaged in a shouting match with plaintiff, who was in the second story window of his home across the street. Casey reported that plaintiff was threatening him. Plaintiff admits that he did initiate a loud conversation with Casey from his bedroom window, that both of them were using profanity and that his words to Casey may have been perceived as a veiled threat. Plaintiffââ¬â¢s deposition, pp. 7-79, Exh. B to Defendantsââ¬â¢ Motion for Summary Judgment. According to Officer Parks, plaintiff refused to end the disturbance, whereupon Officer Parks advised plaintiff that he was placing him under arrest and asked him to come out of his home to be taken into custody. While Officer Parks was speaking with Casey, he observed a young woman walk a large Rottweiler dog from behind plaintiffââ¬â¢s residence and enter the front door. While Parks was speaking to plaintiff at his front door asking him to come outside, the woman was standing behind him with the dog, and she stated, ââ¬Å"Youââ¬â¢re not arresting my daddy. Plaintiff refused to come outside, whereupon Parks called for assistance. Sgt. Jerome Barton and several other officers responded to Parksââ¬â¢ call. Sgt. Barton advised plaintiff that he was being charged with disorderly conduct and that he had an outstanding traffic warrant. Barton requested that plaintiff come outside, but plaintiff continued to refuse. Sgt. Barton saw the dog while he was speaking to the plaintiff. Sgt. Barton did not take the plaintiff into custody. Instead, he instructed him to take care of both warrants at the courthouse. Plaintiff agreed to do so. Sgt. Barton instructed his officers to depart, believing that peace had been restored. Plaintiff has a somewhat different version of his conversation with Sgt. Barton. According to plaintiff, it was his understanding that the sergeant and his officers agreed to leave in return for plaintiffââ¬â¢s agreement to take care of his outstanding traffic warrant, and he was unaware that he was being charged with disorderly conduct. After departing the premises, Officer Parks proceeded to the Municipal Court of Franklin County, Ohio, where he filed a complaint charging plaintiff with disorderly conduct, and a warrant was issued for his arrest. The disorderly conduct charge was assigned case number 10608-97. Officer Parks also filed a ââ¬Å"temporary situation information reportâ⬠for plaintiffââ¬â¢s residence address with the police dispatcher, which stated: Large Rottweiler at this location and the resident will have dog attack officers. Also, wanted person there by name of Rodell Rahmaan. M. B. , 44 YOA for disorderly. On April 30, 1997, plaintiff drove his wife to the Franklin County Municipal Court and instructed her to go inside and take care of his outstanding traffic charge. She did so, and upon returning to his car, she advised him that the clerkââ¬â¢s office had informed her that there was an outstanding warrant against him for disorderly conduct and that he should report voluntarily in order to avoid arrest. Allegedly believing that a mistake had been made, plaintiff decided instead to go home and watch a basketball game on television. Later that afternoon, Officers Jackson Rennie and Kyle McKeon were dispatched to plaintiffââ¬â¢s residence on a loud music complaint. These officers were also told by the dispatcher that the resident had warrants for his arrest, and they were advised of the content of Officer Parksââ¬â¢ temporary situation information report concerning the dog. Officers Roy Lisath and Joseph Murray heard the dispatch and decided that they also would respond. Officers Lisath and Rennie went to the front door of plantiffââ¬â¢s residence and knocked. Plaintiff answered the door and the officers advised him that they had been dispatched on a noise complaint and that they had a warrant for his arrest. They asked him to come outside and be arrested. The officers claim that plaintiff refused to be arrested, resisted arrest, and ordered his dog to attack them. Officer Lisath drew his side arm and fired at the dog. Officer Rennie fired one shot from a shotgun, killing the dog. According to the officers, plaintiff continued to resist arrest and was maced. He was taken into custody and charged with resisting arrest. Plaintiff denies that he resisted arrest, denies that he ordered his dog to attack the officers and denies that his dog did attack the officers. Plaintiff claims that he was transported from the scene of his arrest to a police substation, where he was allegedly subjected to protracted physical intimidation by the defendants and other officers while he was handcuffed to a bench. Plaintiff was charged with resisting arrest in the Franklin County Municipal Court in case number 10938-97. The complaint, signed by Officer Lisath, states: On or about the 30th day of April, 1997, [Rodell Rahmaan] did by force resist the lawful arrest of himself, to wit: Rodell K. Rahmaan in the following manner, to wit: pushed officers back with an open hand, pulled arms back, attempted to close a door on officers, called for his dog which did attack officers. On January 26, 1998, plaintiff, represented by counsel, appeared for trial on the disorderly conduct charge, case number 10608-97, and the resisting arrest charge, case number 10938-97. At that time, plaintiff entered into a plea agreement, wherein the prosecutor agreed to amend the affidavit in case number 10938-97, reducing the charge from resisting arrest to disorderly conduct. Plaintiff agreed to plead guilty to the amended affidavit, and the prosecution agreed, as part of the bargain, to dismiss the original disorderly conduct charge, case number 10608-97. Plaintiff entered a no contest plea to the amended affidavit in case number 10938-97, was found guilty and sentenced to a fine of $100 and costs, suspended for time served. A dismissal entry was filed in case number 10608-97, with the following notation: These charges are dismissed at the request of P. A. for plea in 97/10938. The dismissal entry was signed by the sentencing judge. On April 30, 1998, plaintiff commenced an action against the city of Columbus and Officer Parks, Lisath, Rennie, Barton, Murray and McKeon, in the Common Pleas Court of Franklin County, Ohio, asserting claims of false arrest; false imprisonment; assault; malicious prosecution; deprivation of unspecified constitutional and statutory rights; deprivation of rights secured by the Fourth, Fifth, Sixth and Fourteenth Amendments of the Constitution of the United States, wrongful destruction of property, intentional infliction of emotional distress, and damage to reputation. On July 26, 2000, the common pleas court granted defendantsââ¬â¢ motion for summary judgment, finding that only plaintiffââ¬â¢s fourth amendment excessive force claim remained for trial. Defendants claim that plaintiff had previously voluntarily dismissed all of his state law claims with the exception of his claim for intentional infliction of emotional distress. Thereafter, plaintiff voluntarily dismissed his complaint on September 13, 2001, and filed the present action in the Common Pleas Court of Franklin County, Ohio, on September 9, 2002. The action was removed to this court on October 4, 2002. â⬠(the district court action Opinion and Order pages 1 through 5) The district court action Opinion and Order further went on to analyze the Motion for Summary Judgment of Defendants, and concluded as follows: ââ¬Å"Conclusion In accordance with the foregoing, defendantsââ¬â¢ motion for summary judgment is granted in part and denied in part. The individual defendants are granted summary judgment on plaintiffsââ¬â¢ First through Tenth Cause of Action. The city is granted summary judgment on the Twelfth Cause of Action. Defendants Rennie, Parks and Barton are granted summary judgment on plaintiffââ¬â¢s Eleventh Cause of Action. Defendants Lisath, Murray and McKeon are granted summary judgment on plaintiffââ¬â¢s Eleventh Cause of Action insofar as it alleges the excessive use of force by these defendants at the police substation after plaintiffââ¬â¢s arrest. The motion for summary judgment of defendants Lisath, Murray and McKeon on plaintiffââ¬â¢s Eleventh Cause of Action insofar as plaintiff alleges the excessive use of force at the scene of the arrest is denied. It is so ORDERED. â⬠(emphasis supplied-the district court action Opinion and Order page 19) Rahmaan, therefore, has one remaining claim left for trial in the district court action. His eleventh cause of action is set forth in his amended complaint (copy attached hereto as Exhibit ââ¬Å"Câ⬠), and includes within his claims for deprivation of civil rights under 42 U. S. C. à §Ã §1983 and 1985 the excessive use of force claim. Lisath and his spouse were issued a discharge of all dischargeable debts under 11 U. S. C. 727 on October 4, 2005, in the main case (see copy attached hereto as Exhibit ââ¬Å"Dâ⬠). III. Issue Presented for Decision (A)Does Rahmannââ¬â¢s remaining claim in the district court action for excessive use of force, if Rahmaan prevails at trial, constitute a claim or debt which is excepted from discharge under 11 U. S. C. à §523(a)(6)? (B)Has Rahmaan satisfied his burden of articulating all applicable grounds necessary for this Court to grant defau lt judgment under Rule 7055 Bankruptcy Rules? IV. Argument 11 U. S. C. à §523(a)(6) provides as follows: ââ¬Å"à §523. Exceptions to discharge. a)A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt- â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. (6) for willful and malicious injury by the debtor to another entity or to the property of another entity;â⬠¦Ã¢â¬ Lisathââ¬â¢s discharge is ineffective as against Rahmaanââ¬â¢s remaining claim for excessive use of force in the district court action for the reasons more fully set forth hereinafter. First, the above cited paragraph excepts debts for willful and malicious injury by the Debtor to another person or to the property of another person. Under this paragraph ââ¬Å"willfulâ⬠means deliberate or intentional. In Kawaauhau v. Geiger, 522 U. S. 57, 118 S. Ct. 974, 140 L. Ed. (1998), the Supreme Court articulated the elements necessary to satisfy the Section 523(a)(6) exception to dischargeability. An act (or omission) must be taken with the actual intent to cause injury. As the Court noted in its Opinion the word ââ¬Å"willfulâ⬠in the above-quoted subsection modifies the word ââ¬Å"injury,â⬠meaning that non-dischargeability takes a deliberate or intentional injury rather than merely a deliberate or intentional act which leads to injury. In In re: Markowitz, 190 F. 3d 455 (6th Cir. , 1999), the Court had occasion to apply the Geiger standard, and specifically held that the earlier standard set forth in Perkins v. Scharffe, 817 F. 2d 392 (6 Cir. , 1987), was overruled. The Perkins case had held that willful and malicious injury will occur when one intends the act, regardless of whether he intends the consequences. This test for the non-dischargeability exception for willful and malicious injury under 11 U. S. C. à §523(a)(6) similar to the defense of qualified immunity that was raised in the district court action. Generally, qualified immunity protects a police officer from being sued for his discretionary actions as long as the officer neither ââ¬Å"knew[n] or reasonably should have known that the action he took within his sphere of official responsibility would violate the constitutional rights. . . .affected, or. . . . took action with the malicious intention to cause a deprivation of a constitutional right. . . . . â⬠Robinson v. Bibb 840 F. 2d 349, 350 (6th Cir. , 1988) quoting Wood v. Strickland, 420 U. S. 308. , 322 95 S. Ct. 992, 1001, 43 L. Ed. 2d (1975). As the district court found, Rahmaanââ¬â¢s claims for excessive force were ââ¬Å"that the defendants continued to apply excessive force even after he [Rahmaan] was completely subdued. â⬠(the district court action Opinion and Order page 16). The district court action Opinion and Order went on to summarize that defendants were ââ¬Å"not entitled to qualified immunity on plaintiffââ¬â¢s claims of excessive force at the scene of the arrest under Section 1983 because it is well settled that the use of excessive force is a violation of the Fourth Amendmentâ⬠(the district court action Opinion and Order page 16). Accordingly, by its very nature, the excessive force claim of Rahmaan means that if Rahmaan prevails at trial he will have had to prove by a preponderance that Lisath took action knowing that his action would violate Rahmaanââ¬â¢s constitutionally protected Forth Amendment rights or with the malicious intention to cause a deprivation of a constitutional right, Rahmaanââ¬â¢s contention that Lisath continued to apply force after Rahmaan was completely subdued compels the conclusion that such conduct was deliberate, intentional and malicious, if proven. Certainly, it could neither have been merely negligent or reckless. Similarly, in Walton v. City of Southfield, 995 F. 2d 1331 (6th Cir. , 1993), the court, inter alia, held that the denial of qualified immunity to one of the police officer defendants was to be affirmed. As the court noted: ââ¬Å"There are still genuine issues of material fact concerning whether Officer Birberick used excessive force in handcuffing Walton. An excessive use of force claim could be premised on Officer Birberickââ¬â¢s handcuffing Walton if he knew that she had an injured arm and if he believed that she posed no threat to him. â⬠(Walton 1331, ________) In Adams v. Metiva, 31 F. 3d 375 (6th Cir. , 1994), the court had occasion to analyze a similar excessive use of force claim. The court noted that excessive force claims should be considered under the Fourth Amendment standard which is one of objective reasonableness under the circumstances (citing Graham v. Connor, 490 U. S. 386 [1989]). While the objective standard is applied without regard to the officerââ¬â¢s underlying intent or motivation, under the facts as summarized in the district court action Opinion and Order, it is hard to imagine that Lisath and his fellow defendants could have used excessive force once Rahmaan was subdued in any manner other than intentionally, willfully and maliciously, assuming that Rahmaan is successful in meeting his evidentiary burden at trial. A review of other authorities does not compel a different conclusion. In Steier v. Best (In re: Best), 109 Fed. Appx. 1. 2004 W. L. 1544066 (6th Cir. , 2004-unreported, see copy attached as Exhibit ââ¬Å"Eâ⬠), the Court summarized the kinds of debts or claims which by their very nature satisfy the willful and malicious injury standard of the 11 U. S. C. à §523(a)(6) exception: ââ¬Å"intentional infliction of emotional distress, malicious prosecution, conversion, assault, false arrest, intentional liable, and deliberately vandalizing the creditorââ¬â¢s premises. â⬠, Id. at. 4. The Court went on to discuss other kinds of claims that also meet this standard, noting that the creditor must prove that loss was caused by willful and malicious conduct of the debtor, that the debtorââ¬â¢s actions must be determined to be the cause of the creditorââ¬â¢s injury and that the injury must invade the creditorââ¬â¢s legal rights. Id. at 4-5. These tests do not differ from what Rahmaan must prove to meet his evidentiary burden in the district court action to prevail upon his excessive use of force claim. By their very nature, if Rahmaan prevails, he will have met every element described in the willful and malicious injury test. In Kennedy v. Mustaine, 249 F. 3d 576 (6th Cir. , 2001), the Court affirmed the bankruptcy court and the district court which had found a defamation claim to be non-dischargeable under 11 U. S. C. à §523(a)(6) and applied principals of issue preclusion to prevent re-litigation of whether the statements made by the debtor were defamatory, since under Michigan law they were deemed defamation per se, and therefore conclusively presumed to be harmful. It is respectfully submitted, therefore, that Rahmaan has articulated sufficient facts and provided an adequate basis by submitting the attached exhibits to show that if he prevails in the district court action on his excessive use of force claim, he will have articulated every element necessary to satisfy the 11 U. S. C. à §523(a)(6) exception by a preponderance of the evidence. See Grogan v. Garner, 498 U. S. 279, 111 S. Ct. 654, 112 L. Ed. 2d 755 (1991). Accordingly, the foregoing Motion does not suffer from the defects similar to those discussed in Cripps v. Life Insurance Co. of North Am. , 980 F. 2d 56 (2nd Cir. , 1990), cert. denied, 499 U. S. 929 (1991) or Kring v. Citibank (In Re: Kring), 208 B. R. 73 (Bââ¬â¢cy. S. D. Cal. , 1997). Annexed hereto as Exhibit ââ¬Å"Fâ⬠and made a part hereof is the Affidavit of John A. Yaklevich, establishing that Lisath is not an incompetent person or an infant, and also not in the military service, all as required by B. R. 7055 and by the Servicemembers Civil Relief Act of 2003, amending and restating, the Soldersââ¬â¢ and Sailorsââ¬â¢ Civil Relief Act of 1940 (50 U. S. C. App. 501, et seq. ). The Motion should be granted and judgment entered accordingly. Respectfully submitted, /s/ Daniel K. Friend Daniel K. Friend(0019648) Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that true and accurate copies of the foregoing Renewed Motion for Default Judgment were mailed by ordinary U. S. Mail, postage prepaid, to the following parties in interest at the addresses shown immediately following on _________________: William B. Logan, Jr. , Esq. 50 West Broad Street, Suite 1200 Columbus, Ohio 43215 U. S. Trustee 170 North High Street, #200 Columbus, Ohio 43215 Frank M. Pees, Chapter 13 Trustee 130 East Wilson Bridge Rd. , #200 Worthington, Ohio 43085 Roy J. Lisath, aka Roy Jesse Lisath 2065 Penhook Avenue Lewis Center, Ohio 43035 James E. Nobile, Esq. Nobile, Needleman & Thompson, LLC 4511 Cemetery Road, Suite B Hilliard, Ohio 43026 /s/ Daniel K. Friend Daniel K. Friend(0019648) Attorney for Plaintiff
Thursday, November 7, 2019
Response to Panther Film
Response to Panther Film Panther is a movie based on a true story accounting on activities of the Black Panther Party for Self-Defense, the organization acting from 1966 to 1982 to struggle for freedom and equality of the African Americans by using armed forces. The film starts with the description of organizationââ¬â¢s leaders Bobby Seale and Huey Newton, two representatives of Oakland black community who grew up in poverty, racial discrimination, and governmentââ¬â¢s negligence that all black people experienced during this period (Panther).Advertising We will write a custom essay sample on Response to Panther Film specifically for you for only $16.05 $11/page Learn More Nowadays, the U.S. government is more concerned with the issues of racial discrimination that sometimes takes place, as well as the problems experienced by the ghetto regions. However, the renewal of the Black Party Community should not be premised on military actions, but on the development of strong idealis tic principles and rules supporting the culture, traditions, and social life. By founding the organization called Black Panther Party for Self-Defense, the members were strongly convinced that using armed struggle was the only way to prove the power and dominance of the black community over the white population in the United States. In fact, the movie focuses on the increasing popularity of the Black Panthers among African-American youth across the country and brings attention to other military forces in America fighting against discrimination. In fact, the violence of the organization would meet rigid opposition of the 2012 government because of significant discrepancies between socio-political situations of the two historically different periods. In particular, the current situation in the United States has changed in terms of the new military programs aimed at enhancing security of the population. Second, the racial issues have been suppressed and the President Barack Obama has e stablished a new order in which freedom, equality, and human rights are highly honored and respected regardless of nationality and race. Therefore, the armed confrontation would not be effective at the threshold of the twenty-first century. Additionally, due to the fact that the black population constitutes minority in the United States, the Panther Party was also a minority acting within minority groups. Therefore, their revolutionary struggle contradicted the social and economic realities of 60s and 70s of the past century. In order to change the political and ideological frame of the community, as well as confront the modern political realities, the Black Panther Community could suggest ten new rules and tenets for establishing a revolutionary Nationalist party and rethinking over new doctrines of non-violence:Advertising Looking for essay on african american? Let's see if we can help you! Get your first paper with 15% OFF Learn More The party should figh t for equal access of African-American to education and job employment. The party should work on diminishing the crime levels in ghetto regions and creating new funds for low-income people. Each member of the party should adhere to the Constitutional rights and pledge for the shifts in the right that could support ethnic minorities. Weapon should not be used as the methods for struggling against racial discrimination. Using internet for mass mailing and information flow could be the leading source for supporting the position. The party should focus on such issues as collective action, black integrity, and cooperative economics. These rules should differ from Maoism and Marxism ideology. Acknowledging spirituality and culture is also among the priorities of the Black Panther community that should support any display of African culture. Each member of the part should protect the rights of African-Americans to self-determination. Departure from rigid confrontation against non-black pop ulation and focus on human liberation should be the new stance for action. Greater cooperation and humanism are the main principle of the Panthers. With regard to the above-presented tenets, the Black Panther party should not premise their actions on armed struggle because of the emphasis placed on humanism and liberation regardless of race, nationality, and ethnicity. Currently, African-American community gains recognition of its rights that are similar to those established previously for the rest of the U.S. citizens. Therefore, former methods used by the community would not be self-sufficient because of the rapid shifts in the governmental principles. In particular, the government recognizes that there is an institutional racism, but it should not introduce extra emphasis on minorities groups in achieving liberation and equality. Instead, the newly organized movement should strive to establish a new framework in which all nationalities will work on developing a new community fre e from biases, stereotypes, and discrimination. In conclusion, the film Panther focuses on the cruel confrontation between the members of the Black Panther community and the FBI, but the leading provisions and methods used by the Panthers should be revisited to establish new doctrines free from aggression and military intervention. The new tenets of the Black Panther community should premise on human liberation, equality, freedom, and stronger emphasis on education. The poorest district should be supported with newly organized funds for national minorities. Additionally, the employment perspectives should also be introduced to allow the low-income families improve their welfare. Finally, the 9/11 events should also impose a sort of responsibility for the entire population in terms of security and protect and redirect all the power to struggle against terrorism. Panther. Ex. Prod. Melvin Van Peebles. USA: Working Title Films, 1995. DVD.
Tuesday, November 5, 2019
AS Biology Coursework
AS Biology Coursework AS Biology Coursework Below is a short excerpt from an AS biology coursework written on the topic of biological species. The topic is rather broad and serves as an introduction to a narrowed research. Reading the following biology coursework sample, pay special attention to the sentence structure, use of terms, and format. writers are online 24/7 to help you with your coursework writing assignments. Moreover, our free writing blog is full of excellent sample essays and papers. If you need an expertmotivation coursework just follow this link: Species represents a biological balance, and an individual is also a balance or system in equilibrium. Within a species itself, individuals are similar but not identical. The differences are called variations, and when numbers of individuals exhibit the same variation they form a variety. A variety is distinguished from a race because the latter has greater constancy, whereas the former fluctuates in general and tends to disappear, whilst individuals showing such variation engender a line which continues over a larger or smaller number of generations and becomes approximated to the specific type. This is what Galton in 1889 termed "filial regression." Specific characters do exist representing a middle term, and on one side or the other of this average, we find variations which arithmetically follow Gauss's Law, or the Law of Mean Errors of the Calculus of Probabilities. This can be confirmed by taking the more distinctive characters. Thus height, weight, colour of eyes, basic intensity of metabolism, pulse, blood pressure, and so on. In species other than the human we can take for instance the weight of certain seeds, the height of a plant, the number of vertebrae in certain fish, and so forth. The graph showing such variations quantitatively is called a "Galton's curve," and demonstrates that individuals showing typical average characters of the species are the most numerous, whilst divergencies above and below such average diminish in proportion to the degree of variation of the character from the average type. Thus, for instance, the height of individuals: there is an average height, a distinctive feature for each species and t his will be the height of the majority of specimens. There are taller individuals and shorter ones, and the numbers of these outsiders decreases as their height differs more and more from the standard. There is furthermore, as we have repeatedly mentioned, a tendency to revert to the specific standard. Short parents and tall usually have offspring whose height is different from their own and more or less in accordance with the variance of the parents from the average standard. In all of these cases the tendency for "reversion to type," to "balance" in the species, is evident. There may well exist primitive species with a certain degree of stability, fairly constant in form, such as those distinguished by Jordan in 1848 as between the plants and the midpoint of the limits of a Linnaean species. Thus, for instance, in Viola tricolor, Jordan distinguished several dozen various species, independent and stable as regards the transmission of their characters through the seeds: with large, small and middling blossoms respectively identifiable through particular features of the component parts of the blossoms, seeds, and so on. AS Biology Coursework Writing Service AS biology coursework can be a pleasure for some students while it is a real nightmare for the rest. As a result, thousands of students turn to professional coursework writing service offered at our site to get help with their challenging assignments. Our biology writers are able to write customized (written from scratch) coursework on a wide array of topics. We guarantee no plagiarism and no copy/paste! Only original writing! Read also: Expository Essay Essay Writing Tips English Essay Writing Outline Conclusion Writing Cold War History Essay
Sunday, November 3, 2019
Auto industry Essay Example | Topics and Well Written Essays - 500 words
Auto industry - Essay Example This is meant to ensure that there are no delays that can witnessed in the manufacture of the automobiles. Careful management of the supply chain entails that the automobile manufacturer will be in a better position to meet its target. Essentially, the aim of business is to make profits and this can be possible if an organization is capable of meeting its demand at a particular time. There should be no loopholes in the supply chain in order for the organization to operate effectively and efficiently. The other reason for managing the supply chain is related to the aspect of maintaining quality. Different companies can supply the same component required in making automobiles. However, the likely challenge to be encountered is that the quality of the components supplied by different suppliers may differ. Some parts supplied may be substandard and this can compromise the quality of the final product manufactured. It is the duty of the automobile manufacturer to outline the standard expectations with regards to the quality of the components supplied by different suppliers. Ensuring high quality components supplied can be achieved through establishing a quality assurance department within the manufacturing plant that would be responsible for ensuring that the parts supplied meet the standards. Defective components can be rejected and if needs be, these can be replaced with quality products. The other reason why managing the supply chain is important is about creating a good relationship with the suppliers. This is very important since this means that aspects such as pricing can be negotiated. A reputable car manufacturer can negotiate the prices of different components that are used in manufacturing automobiles. This is very important since the best deals can be achieved. Favorable prices of the components required for making cars mean that the final prices of the ultimate
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