Joinder of Claims - 1418 Words

*The concept of supplemental Jurisdiction grows in complexity once we recognize that the Federal Rules of Civil Procedure contemplate lawsuits in which the party structure is more complex than the â€Å"A v. B† lawsuit. *Joinder Rules such as FRCP 14, 18, and 20 are rules of pleading – they specify the kinds of party and claim structures that are permitted in litigation in federal court. However, these rules don’t purport to control the subject matter jurisdiction of the federal courts – just because these rules permit a plaintiff to bring two different claims against a defendant does not tell us anything about whether there is federal jurisdiction over either or both claims in the case. -FRCP 18: Joinder of Claims -permits a plaintiff to†¦show more content†¦on and Vierling Steel Co (K’s place of work) *High power transmission lines: once owned by Omaha Public Power District (a public corporation of state of Nebraska), but then sold the lines and equipment to Kroger’s place of work and subsequently sold electricity to K’s place of work and made repairs when they were requested Procedural History: Kroger’s lawyer sues Omaha Public Power (state court?) for wrongful death Omaha Power decides to implead Owen Equipment Omaha Power successfully seeks summary judgment (b/c Paxton and Vierling owned power lines, Omaha Power has no responsibility unless notified, and they weren’t notified) Kroger’s lawyer asserts wrongful death claim against Owen Equipment and goes for federal court claiming diversity jurisdiction b/c Kroger from Iowa and Owen Equipment is Nebraska corporation with principal place of business there) trial begins but Owen Equipment says no diversity because though incorporated in Nebraska, principal place of business is in Iowa district court refuses to grant Owen’s motion to dismiss and Kroger wins jury verdict (court says supplemental jurisdiction extends to Kroger’s claim against Owen) Owen appeals judgment reversed in favor of Owen Issue: Whether a court can hear a plaintiffs claim against a third-party defendant when there is no independent basis for federal jurisdiction over that claim in an action in which federal jurisdiction is based on diversity of citizenship, a circumstance called ancillaryShow MoreRelatedThe Case Of Dukes V. 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By employing this tactic, patent trolls saved money by suing multi ple companies within one lawsuit and often were able to chose a favorable court for patent litigation since the defendants were not located nearRead MoreGreene Jewelry s Jewelry For Wrongful Termination, Pregnancy And Gender Discrimination And Breach Of Contract1336 Words   |  6 Pagesout due to pregnancy, an entire department was eliminated due to downsizing, therefore no prejudice endures. In Price Waterhouse v. Hopkins, the Court had departed from the traditional causation for ordinary (i.e., non-retaliation) discrimination claims. It held that all a plaintiff had to prove was that the worker’s race, sex, or religion was a â€Å"substantial† or â€Å"motivating factor† in the decision. 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Ideologies and How They Impact Policy Making free essay sample

It extends into an assessment of the existing state of social and economic affairs, and a political strategy for shifting from one to another (Eichbaum amp; Shaw, 2008). Social issues, and the way in which policies are created and explained, will be shaped by the values and ideas of those who have the most political influence on society at the time. These ideas are commonly grouped into political ideologies. Political ideologies are the groups of ideas and ethical values, based on the core behind, and the solution for, social and economic problems (Duncan, 2007). They are both normative and politically motivated. Political ideologies are normative in the sense that they hold values about human nature and how society should live their lives, and politically motivated in being supported by political interests (Duncan, 2007). Political parties base their actions and policy making on the ideology they have adopted. The two main ideologies shown through New Zealand policy are neo-liberalism, and social democracy. There is a political distinction drawn between these two ideologies, left and right-wing parties. The right-wing party National, implements their policies under a neo-liberal ideology. The more left-wing party Labour, implements their policy under a more social democratic group of ideas. Neo-liberalism promotes the value of a free market, individualism, and a minimal state. To neo-liberalists, a free market is best for economic growth and distributes wealth fairly. An individual is better off by means of their own efforts, and satisfying their own needs. This then develops the capability to trade with others, which is an important idea of the neo-liberal ideology (Belgrave, Cheyne, amp; O’Brien, 2008). By leaving individuals to their own needs doesn’t distribute wealth fairly in the end as not all individuals are the same. Individualism or freedom means that citizens care for their own needs, as they are the only ones who make the best decisions. The exercise of individual freedom in relation to private property is an important part of the neo-liberal ideology, and the state should do as much as possible to ensure this freedom is not restricted (Belgrave, Cheyne, amp; O’Brien, 2008). In a neo-liberal view, this freedom is often referred to as negative freedom, opposing the social democratic view of positive freedom. Neo-liberalists don’t see policy as distinct from economic policy. This is because under the ideology of a neo-liberal idea, if you get economic policies right then social policy should follow. Neo-liberalists also believe in having a minimal state. A state should only focus on the core actions such as policy making and the courts. The state has a responsibility to ensure that laws which are put in place to allow the market to operate more effectively are applied in a way that prescribes no discrimination (Braman, 2003). The overall aim of neo-liberalism is to reduce the size of government in economic and social life. Neo-liberalism has had the greatest impact on public policy in New Zealand over the past 20 years. An example of this ideology in policy making in New Zealand history would be The National party in the 1990’s. National significantly reduced the state’s role in the labour market, and introduced markets in public housing and education. A more recent example is the current National government and their benefits policy. In 2008 National focussed on getting beneficiaries into employment. National’s leader John Key announced that they were committing to a benefit policy that would act as a safety net, but encourage beneficiaries to go out and source other forms of income (Key, 2008). This is a neo-liberal idea in the sense of having minimal state intervention. The plan to put in place a tax system that encourages people to work hard and not rely on the welfare state, and the continuing of shrinking the size of government sees that the future intentions of the current National party is going to carry on down a neo-liberal road (Key, 2008). Social democracy is a political ideology which embraces both socialism and liberalism (Belgrave, Cheyne, amp; O’Brien, 2008). It is not a tightly sealed set of political values and beliefs, but a set of several. Social democracy contrasts with the ideology of neo-liberalism by identifying market failure rather than government intervention (Eichbaum amp; Shaw, 2008); this is why it stands for a balance between market and the state. Its main values lie more within the socialist belief, but it highlights a key liberal view on individualism and individual freedom (Eichbaum, 2006). Social democracy regulates certain areas of economic activity, and develops the operation of the welfare state. This reinforces the key idea behind social democracy of everyone being of equal opportunity (Duncan, 2007). The state has a role, and is used as an instrument of social change (Belgrave, Cheyne, amp; O’Brien, 2008), and this is the general view that social democrats have of the state. They acknowledge that inequality and capitalism exist, and this justifies the need of a welfare state. The welfare state is the key instrument for guaranteeing wellbeing. Social policy is concerned with particular areas of public goods, which are those that are supplied to citizens in need or dependent. Education, health, housing, and income support are examples of these (Belgrave, Cheyne, amp; O’Brien, 2008). Redistribution of wealth and opportunity is a desirable purpose, and the outcome of this policy should end in a more unified society (Belgrave, Cheyne, amp; O’Brien, 2008). Social democratic policies would not have lasted very long without an economic theory to explain them. Failure of the classic neo-liberal economic policy which was based on self-equilibrating markets, in the era of the Great Depression, allowed British economist John Maynard Keynes to then proposed the Keynesian theory. For an economy to reach a point of equilibrium – where demand equals supply, it needs to be helped along the way and will not accomplish this if left to its own devices (Belgrave, Cheyne, amp; O’Brien, 2008). Keynes suggested that to reach the right equilibrium governments need to put money into the economy when needed, which will result in growth and higher employment (Eichbaum amp; Shaw, 2008). Full employment was the objective of Keynesian economics and this was important to the welfare objectives of a social democratic state (Duncan, 2007). Higher employment then boosts demand so the cycle can then continue. Overall this showed that it was ok to provide welfare. Some benefits are universal, but this doesn’t mean we all would have to use it (Eichbaum amp; Shaw, 2008). This connects to the social democratic ideology of having an equal balance between the market and the state. In New Zealand, the Labour party’s ideology of social democracy influences the way they construct policies. Labour’s ideological backgrounds are visible in the basics set out in its constitution. The principals are underlining the facts that resources in New Zealand are there to benefit all equally, and in economic relation, there should be a fair distribution of wealth and opportunity (Eichbaum amp; Shaw, 2008). In the early years Labour introduced a series of measures which have become fundamentals of New Zealand society and culture. In 1935, for the first time, healthcare became affordable and accessible to all. The 40 hour week was also introduced and this benefited workers, as well as reducing unemployment (Belgrave, Cheyne, amp; O’Brien, 2008). This is a very social democratic value of equality and equal distribution. On more recent terms, the 5th Labour Government lead by Helen Clark still produced policies reflecting social democratic ideas. The party committed to supporting families as best they could, with funding going towards achieving the best education and health systems available (About Labour, 2008). Labour also drove towards supporting older New Zealanders and valuing the importance of Maori, Pasifika, Asian, and anyone else who called New Zealand home. These policies relate hugely to the idea of equality and fair distribution, which are fundamental values of social democracy. Labours adopted political ideology impacts the way they have made policy in the past, and still impacts their policy making today. These two political ideologies prove through New Zealand history and past political structure, that ideologies have a big impact on policy making. The policies implemented by National have been driven by the values and ideas of neo-liberalism. These policies focussed around reducing the size of government and therefore having a minimal state. Labours policies are drawn from the social democrat ideas. Social democracy is aimed at applying the values of equality, redistribution, and social responsibility (Eichbaum amp; Shaw, 2008). The Labour party focuses their policies around equalising wealth and opportunity, and supporting the range of citizens in this country equally. In conclusion, this shows how policy making is implemented through the ideologies.

Modern Art From Impressionism to Contemporary

Impressionism is a style of art often known as optical realism. It is denoted by a unique visual experience with light effects and movements in the manner objects appear. Key highlights of this art style include pure primary colors and little strokes to compliment the light reflected (Wildendstein, 2010).Advertising We will write a custom essay sample on Modern Art: From Impressionism to Contemporary specifically for you for only $16.05 $11/page Learn More Claude Monet, a key French painter, was among the founders of this style of painting. He was well able to incorporate elements of art which involved bright distinct colors, small strokes to create unique and elaborate pieces of art work that fall under this style of art (Kelder, 1978). Most impressionists perceive that the human eye is a tremendous vessel. â€Å"The Stroll, Camille Monet and Her Son Jean (Woman with a Parasol)† is one of the great works of Monet. The portrait is of the wife Cami lle and his son Jean who are on the hillside against a cloudless sky. In this masterpiece, it is evident that it was painted outside on a summer day in open air where Monet’s family seems to be out strolling in the meadow. Monet, in his pursuit to capture the son and wife’s likenesses, uses strokes of bright color creating a spontaneous effect throughout the portrait. The folds on Camille depict the breeze which seems to blow the thin fabric across her face. Light is seen to come from the right side creating contrasting breeze from the left side. This unique feel from the wind and the sun converge at the middle of the canvas (WebMuseum, 2002). Another aspect depicted from this painting is that of perspective. It is seen to be upward as the view from the bottom is able to shield the images away from the sky which gives it a great feel of both light and sun. Depth is yet another aspect highlighted in this painting. The son seems to appear from his waist upwards, enabling Monet to comfortably create a feel of depth into the work of art. Color and line are well highlighted in this painting bringing a contrast of light, sun and the wind (WebMuseum, 2002). Green as the dominant color appears on the parasol and the grass on the hillside signifying nature. This color unifies the parasol and the grass on the hill, creating a flow of the eyes from one point (the parasol) to the bottom (the hillside) (Monet Gattinara 2004). This flow attracts the eyes to concentrate on the art work as denoted by the shadows on the grass. The painting appears to be blurry as one cannot tell if Mrs. Monet is walking or not. On scrutinizing the painting from a distance, clarity diminishes. The presence of light compliments the wind and movement in this portrait. One cannot be in a position to pinpoint exactly where the clouds seem to seize existence as the wind gently blows Mrs. Monet’s scarf. Light seems to bring in a feel of perspective as the portrait is viewed from the bottom where the grass is, all the way to the top where the clouds lie. Green as the prevalent color unifies the parasol and the hillside.Advertising Looking for essay on art and design? Let's see if we can help you! Get your first paper with 15% OFF Learn More This makes it bring in rhythm as the eyes flow from the parasol’s handle to its top, then slowly to the green that appears on the hillside. The sun rays shining from behind Mrs. Monet seems to give the parasol a bright white look that also compliments her veil, as reflections from the flowers beneath radiantly give her front a nice touch of yellow (Monet Gattinara 2004). The vibrant colors and light used by Monet are key features in accentuating this painting style known as impressionism. Philosophy is defined as determining the truth; which involves a number of years of studying some of the greatest minds of history, which we eventually uphold in life (Wildendstein, 2010). The impressionist style o f painting concentrates on the impression as a whole, created by a scene through a rigorous use of pure (unmixed) primary colors in conjunction with small brush strokes to intensify the actual reflected light. Monet in his painting, â€Å"The Stroll, Camille Monet and Her Son Jean (Woman with a Parasol)†, is scrupulous enough to convey this style through the use of vibrant colors; a key feature of style. The short broken strokes of the brushes used also depict form which is a key element of art in this painting technique. Effects of light are also amplified through the extensive use of color. This, in Monet’s â€Å"The Stroll, Camille Monet and Her Son Jean (Woman with a Parasol)† when the shadow in the grass, was rendered through the effect of light. The use of brushes in a relaxed manner leaves the piece of art with a touch of naturalness (Monet Gattinara, 2004). However, he has thoughtfully been able to blend in light with these colors to bring in a feeling on perspective. In Monet’s work, it is quite clear that philosophy creates a beautiful illusion in our minds which in turn opens up tremendous possibilities for art through representation (Issacson Monet, 1978). This is achieved though the reality of knowledge. Impressionism clearly comes out as the greatest form of art when combined with philosophy because it gives everything a sense of change yet preserving the time line. In conclusion, the bright distinct colors, small strokes and effects of light incorporated in this unique painting technique make the lovers of art appreciate the impressionist’s expertise that involves the â€Å"minds eye† dexterity. This goes a long way in retaining a mental picture of the viewed work of art. This technique of painting is viewed both brightly and full of life. Art as a language brings out that which nature cannot bring forth. Impressionalism as a form of art qualifies as it not only represents the outward physical view of things but highlights their inward significance. References Issacson, J. and Monet, C. (1978). Claude Monet, observation and reflection. London: PhaidonAdvertising We will write a custom essay sample on Modern Art: From Impressionism to Contemporary specifically for you for only $16.05 $11/page Learn More Kelder, D. (1978). Great masters of French impressionism. London, UK: Crown Publisher. Monet, C. and Gattinara, F. C. (2004). Woman with a parasol. New York, NY: Barrons WebMuseum. (2002). Monet, Claude: The stroll, Camille Monet and the son Jean (Woman with a parasol). Retrieved from http://www.ibiblio.org/wm/paint/auth/monet/later/parasol/ Wildendstein, D. (2010). Monet, or, the triumph of impressionalism. Los Angeles, CA: Taschen America LLC This essay on Modern Art: From Impressionism to Contemporary was written and submitted by user Rolando F. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Legal Problems in Venezuela essays

Legal Problems in Venezuela essays The advent of Venezuelas constituent assembly of 1999, and with it, a new Constitution, with a whole new organization of the different branches of government, has drawn to public attention the preponderance of the political power that one particular branch the Judiciary- had attained with this new organization. The new Constitution organized the Judiciary from top to bottom as follows: - At the top lies the Supreme Tribunal of Justice with six different chambers comprised of 3 Justices each, with the exception of the Constitutional Chamber, composed of 5 Justices, and the Plenary Chamber which gathers the totality of Justices in the Tribunal, and meets to take administrative and politically influential decisions reserved to it by the Constitution. The Constitution also gave a particular chamber The Constitutional- a certain preponderance visvis all other chambers of the Tribunal, which lies in the power of constitutional control over their rulings. All Justices are appointed by the National Assembly to 9-year terms, which are renewable at the end of such terms. Interestingly, the power to administrate the branch centrally and to appoint the countrys judges also lies on the Supreme Tribunal. - The aforementioned administrative control was delegated by the Supreme Tribunal into a constitutionally created body, the Executive Directorship, nonetheless retaining in a specially created Judicial Commission certain decision making power, and hierarchical control over the Executive Directorship. - At the bottom lies? all courts and tribunals, which are nationally, regionally and locally administered. The Supreme Tribunal appoints all Judges. Administrative staffs that serve judges are appointed by the Executive Directorship. This brief introduction may have served the purpose of providing the reader with the sense that a power constructed in such a way retains an immeasurable ...

Divorce has different legal and social implications for the Divorce Essay

Divorce has different legal and social implications for the Divorce Arab and Muslim woman. Discuss, giving examples - Essay Example This paper critically discusses the legal and social implications of divorce for the Arab and Muslim woman with particular focus to examples in various Islamic countries. Firstly, there are a number of legal implications related to divorce in the Islamic societies particularly for women. Legally, although matters of marriage and divorce are largely governed by the Sharia law, the rules of Islamic divorce and consequently, its legal implications vary among various Islamic jurisprudence from one Muslim country to another due to different cultural traditions and practices. In most cases, the Islamic laws have always been largely seen to favor men in relation to their female counterparts in nearly all the Arab and Muslim countries. For instance, while Islam allows Muslim husbands to marry immediately after divorce, women are often required to observe a certain period of time (iddah) before they remarry or have any conjugal relations after divorce. An iddah is a period prescribed of about three months before the divorce becomes final. In most cases, the wife must remain in the home during this period to see whether a reconciliatory method of salvaging their marriage is achievable or if she is pregnant (Haddad et al 134). Another important implication of divorce for a woman in the Arab and Islamic world is the potential loss of custody of her children. For example, the legal system used in Tunisia only allows the woman to have the custody of children up to the ages of 7 for boys and 9 for girls after which the husband the custody reverts to the husband. Although the Arabic and Islamic laws do not make divorce acquiescently permissible, these laws perfectly well through its chapter-based hedges the sanctions of the practice with many defences. In the Suratul-Talaq for example, divorce is highlighted with a lot of positivity; this scripture teaches that when you divorce a woman, divorce them at their prescribed periods, and count accurately

Gender Inequality in Dell Assignment Example | Topics and Well Written Essays - 2000 words

Gender Inequality in Dell - Assignment Example According to the World Bank (2011), the company discriminates against women who have been found to won most of the company’s business in the sense that they are the major customers of its products and services. The chosen technology would be strategy-based in that it would focus on the best strategy to make the company adjust from the issue of gender inequality to gender balance in all its activities. The case of gender equality has already been a major consideration by most of the organizations around the world (McCarthy, 2013). The fight against gender disparities among global communities and more specifically, the fight against women discrimination have promoted this aspect. The process of ensuring that women are in the leadership positions has remained a hot topic, as depicted in this case, but a technology for monitoring the course of promoting gender equality in Dell Inc. could save the company’s negative image as far as gender discrimination is concerned (Vehvilà ¤inen, Vuolanto, & Ylijoki, 2010). According to McCarthy (2013), the message of encouraging gender equality is seemingly working since the number of women being appointed and recruited into the top management ranks in organizations is increasing. Nevertheless, the rate of achieving a gender balance was at one time increasing, but the trend has changed significantly (McCarthy, 2013). This trend signors that organizations need to do something about its strategies that focused on ensuring gender equality within organizations. It seems that the pressures that were at one point imposed by clubs, associations, and campaigns do not play a key role in ensuring gender balance in organizations management and activities today. The need for internal actions within the organization is driven by this fact.

Billing system Essay Example for Free

Billing system Essay The Information Flow Model (IFM) is used to understand the sources and destination of information flow, which is required to execute the business process as shown in Figure 3.5. In IFM, information or data generators and processors are brought together to explain the flow. This could be documents, e-mail, or voicemail. The contents of the flow could be text, images, or diagrams. The purpose of the flow is to take the process further to its logical conclusion. For example, a customer order is to be processed for delivery or to be rejected, and necessary data or information input has to be provided progressively in the process. IFM is generally a high-level model showing main flows, internal flows of information from sources, such as product catalogs, and manufacturing schedules. Customer profiles and accounting information are not shown. These are presumed to be present. In an information flow model, each processing stage is described as one of the following stage classes: 1. Data Supply Ââ€" where data suppliers forward information into the system. 2. Data Acquisition Ââ€" the stage that accepts data from external suppliers and injects it into the system. 3. Data Creation Ââ€" internal to the system, data may be generated and then forwarded to another processing stage. 4. Data Processing Ââ€" any stage that accepts input and generates output (as well as generating side effects). 5. Data Packaging Ââ€" any point at which information is collated, aggregated and summarized for reporting purposes. 6. Decision Making Ââ€" the point where human interaction is required. 7. Decision Implementation Ââ€" the stage where the decision made at a decision-making stage is executed, which may affect other processing stages or a data delivery stage. 8. Data Delivery Ââ€" the point where packaged information is delivered to a known data consumer. 9. Data Consumption Ââ€" as the data consumer is the ultimate user of processed information, the consumption stage is the exit stage of the system. Data moves between stages through directed information channels Ââ€" pipelines indicating the flow of information from one processing stage to another and the direction in which data flows. An information flow model is represented by the combination of the processing stages connected by directed information channels. Once the flow model has been constructed, names are assigned to each of the stages and channels. An information flow model can be used to identify the source of a data quality problem. The effects of a data quality problem might manifest themselves at different stages within an information flow, perhaps at different data consumption stages. However, what may appear to be multiple problems may all be related to a single point of failure that takes place earlier in the processing. By identifying a set of data-quality expectations and creating validation rules that can be imposed at the entry and exit of each processing stage, we can trace through the information flow model to the stage at which the data quality problem occurred. Fixing the problem at the source will have a beneficial effect across the board, as all subsequent manifestations should be eliminated!