Answer the questions Essay Example | Topics and Well Written Essays - 250 words - 15

Answer the questions - Essay Example The story is itself based on Oliver Crisp. Crisp serves as the protagonist in the story and he comes across as a highly enthusiastic explorer. Dubai is considered one of the most exotic places in the world which harbors many opportunities for amazing adventures. Kids in Dubai are naturally inclined to themes of exploration and adventure to a great extent which is why this particular children’s story has amassed great critical acclaim in my culture. The use and implementation of organization development (OD) principles and processes at community and national levels has drastically risen over the past years in Dubai. This stands true not only in context of Dubai, but application of OD principles is now seen around the globe in community contexts and also at national levels. The rise of violence in the world has served to challenge the safety and protection of people. In a situation characterized by increased violence, OD principles exercised by experienced professionals serve to increase the possibility of bringing that expertise which is needed to build more robust communities and plummet down the level of violence. Implementation of OD principles has played a very influential role in managing even the most intractable conflicts in the most professional and cost-saving

Discuss the regulation of gene expression in HIV and the life cycle, Essay

Discuss the regulation of gene expression in HIV and the life cycle, and comment on the importance of these in the success - Essay Example Memory helper cells are differentially infected by the virus. The virus binds to the target cell using interactions between viral surface proteins (gp120) and cell surface proteins. The CD4 antigen, and the CXCR4 and CCR5 co-receptors on the host cell membrane are crucial in mediating viral entry into the cell. The interaction allows the viral and cellular membranes to fuse, so that the viral contents, including RNA and viral enzymes, enter the host cell. The viral capsid then uncoats and disassembles to release the 2 viral RNA strands, which are used to make complementary DNA by the viral enzyme reverse transcriptase. The virus cDNA is transported to the nucleus, where the viral integrase enzyme incorporates viral DNA into the host DNA, forming the provirus. The viral DNA genome remains latent in the cell for many years, as long as the T cell is quescent. The duration of latency is indefinite and varies based on the genetic makeup of the individual. When the T cell becomes activated by cytokines to carry out the immune response, the HIV provirus also becomes activated and starts transcription, leading to the formation of new viral particles (Moore and Stevenson, 2000). Regulation of gene expression of HIV The human immunodeficiency virus (HIV) targets immune cells, specifically T helper cells, macrophages and dendritic cells. Upon entering the host immune cell, the virus RNA undergoes reverse transcription to form complementary DNA, which is then incorporated into the host genome. The viral DNA genome remains latent in the cell for many years. When the T cell is activated by cytokines to carry out the immune response, the HIV provirus also becomes activated and starts transcription, leading to the formation of new viral particles. Specifically, cytokines and antigens induce activation of NF-kB, which is a transcription factor that goes to the T cell nucleus and up-regulates the synthesis of pro-inflammatory proteins. The incorporated HIV genome also contains a site that can receive NF-kB and in response activate the gene promoter. Thus, the regulation of expression of HIV genes depends at least in part, on the activity state of the infected T cell, and transcription of HIV genes is regulated by cellular transcription factors (Robbin and Cotran, 2009). The genome of HIV contains codes for at least nine viral proteins. The structural proteins include Gag, Pol, and Env. The accessory proteins are Vpu, Vpr, Vif, and Nef. The regulatory proteinsare Tat and Rev, and they control the replication of the virus (Hope and Trono, 2000).The early genes are Tat, Rev, and Nef, and the rest are expressed late. The Tat protein is a transcriptional activator necessary for HIV replication. It promotes the elongation phase of HIV’s transcription, so that full-length, functional transcripts of the genome are produced. Rev is an RNA binding protein that acts post-transcriptionally to induce the transition from the early to the late, cytopathic phase of HIV gene expression (Cullen, 1991). It facilitates the export of unspliced and incompletely spliced viral RNAs from the nucleus to the cytoplasm, which permits the production of viral late genes so that all the proteins for the full virion can be transcribed. How gene expression regulation and life cycle contribute to the success of HIV as a pathogen HIV-1 as a pathogen is found all over the world today, while HIV-2 is restricted to

Multicultural Education by Keith Wilson Essay Example for Free

Multicultural Education by Keith Wilson Essay Multicultural education relates to education and instruction designed for the cultures of several different races in an educational system. This approach to teaching and learning is based upon consensus building, respect, and fostering cultural pluralism within racial societies. Multicultural education acknowledges and incorporates positive racial idiosyncrasies into classroom atmospheres. Pros of Multicultural Education A significant demographic transformation is on the horizon for the United States of America. Bennett (1995) estimates that by the year 2000, over 30 percent of our school age population will be children of color (p. 18). Additionally, research has indicated that ethnic minority students are disproportionately poor, dropping out of school, being suspended or expelled, and achieving far below their potential relative to the ethnic majority (Bennett, 1995). Consequently, teachers must prepare themselves and their children for the ever changing challenge of interacting and communicating with diverse races. Reduction of fear, ignorance, and personal detachment are possible benefits to a Multicultural education. The following excerpts are taken from Paul Gorski (1995), a University of Virginia Doctoral student during a case study interview: The idea of political correctness with the black race astounds me. I found it extremely interesting that some blacks in our class prefer to be called African American. In all of my classes I have felt like I was stepping on egg shells as to not offend the blacks in my class. I am honestly glad it is not that big of an issue to my fellow classmatesit promotes a more comfortable, genuine environment for me to be totally honest and carefree. Initially, the student interviewed in the case study reflected an attitude that would probably not facilitate consensus building, respect for other cultures, or fostering of cultural pluralism within different racial communities and in the classroom. However, with integrated curriculum, social activities, administrative support, and staff training, fear, ignorance, and personal detachment may be notably reduced in both students and teachers. Benefits to multicultural education can help to eliminate the crux of stereotyping, prejudice, racism, and bigotry (Fear, Ignorance, dis-ownership). Case study analyzed: 1. fear: I have felt like I was stepping on egg shells as to not offend blacks in my classes 2. ignorance: I found it extremely interesting that some blacks in our class prefer to be called African American. 3. dis-ownership: I am honestly glad it is not that big of an issue to my fellow classmates. The writer agrees with Hilliard and Pine (1990), if Americans are to embrace diversity, the conscious and unconscious expressions of racism (sexism) within our society must be identified and done away with (p. ). Multicultural education is the potential catalyst to bring all races together in harmony. Cons of Multicultural Education According to some views, if one wants to alienate and further fragment the communication and rapport between ethnic groups, implement multicultural education. As stated by Bennett (1995), to dwell on cultural differences is to foster negative prejudices and stereotypes, and that is human nature to view those who are different as inferior (p. 29). Thus, multicultural education will enhance feelings of being atypical. Schools in America may see multicultural education as a way to color blind their students to differences. Administrators may view the color blind approach as a gate keeper that assures equal treatment and justice for all students and as a way to facilitate compatibility and sameness of all cultures. A common statement from this line of thinking is, we are more alike than different. We should focus on the similarities and not the differences to achieve greater equanimity among the races. Ethnicity is breaking up many nations. If one looks at the former Soviet Union, India, Yugoslavia, and Ethiopia, all countries are in some type of crisis. Closer to home, one observes the divisiveness of the Rodney King and O. J. Simpson trials in our country, we can see how focusing on race and multiculturalism may lead to a further divisiveness between the races in America. Over time, multicultural education may have unplanned for and undesired consequences. For example, multicultural education rejects the historic American goals of assimilation and integration of ethnic cultures into the majority culture. Hence, the perception may result that America is a country of distinct ethnic groups, as opposed to a more traditional view of the country that involves individuals making decisions for the good of the order (Schlesinger, 1991). Multicultural education may increase the resentment encountered by students who feel that changes in school traditions, curriculum, and academic standards are not necessary to get along and respect students from ethnic minorities. Since many institutions resist change of any kind, passive resistance on the part of the administration may simulate acceptance of the tenants of Multicultural education. Of course, excepting the tenants of multicultural education should be avoided with enthusiasm and optimism. What would real Multicultural Education look like? The writer submits that multicultural education must have, as its crux, the below defining characteristics to achieve its purposes for students, teachers, parents, and administrators of the school system: a) a learning environment that supports positive interracial contact; b) a multicultural curriculum; c) positive teacher expectations; d) administrative support; and, e) teacher training workshops (Bennett, 1995). If one of the features is absent, frustration and heightened resentment may occur as backlash behaviors multiply. The effects of a positive multicultural climate may manifest in a number of ways, such as: a) diminished pockets of segregation among student body; b) less racial tension in the schools; c) increased ethnic minority retention and classroom performance; and, d) inclusion of a multicultural curriculum. In short, the multicultural educational environment should not be a microcosm of our present American society, with regard to issues of diversity and tolerance. Many factors determine a successful multicultural atmosphere, but the features as outlined above may be important indications of success. Administrative support for multicultural education is critical. How can a house stand if the foundation is fragile. Multicultural education will be as successful as commitment to it by school administrators. Regardless of the level of commitment (local, state, and/or national), programs initiated under the guise of multiculturalism must receive reinforcement from administrators who are accountable for the success of established multicultural initiatives. A key factor in any proposed multicultural initiative is curriculum development. A multicultural curriculum should be considered for several reasons: a) provides alternative points of view relative to information already taught in most educational systems; b) provides ethnic minorities with a sense of being inclusive in history, science etc. and, c) decreases stereotypes, prejudice, bigotry, and racism in America and the world. A significant demographic transformation is on the horizon for American schools. Educational institutions have been dictated too long by attitudes, values, beliefs, and value systems of one race and class of people. The future of our universe is demanding a positive change for all (Hilliard Pine, 1990).

Traditional Folk Media For Rural Development In India Media Essay

Traditional Folk Media For Rural Development In India Media Essay In the introduction to his essay titled Traditional Folk Media for Rural Development D. K. Sujan writes Whenever you and I think of India, we visualize a vast land spread from the lofty Himalayas in the north to the green belt of Nilgiri in the south, from the Indian granary of Punjab to the paddy fields of eastern deltas, with rugged mountains and plateus in between. This land of ours lies in the tropical belt where climatic conditions vary from place to place and time to time. The variety of climate and topographic situations give birth to different cultures, traditions, and philosophies, affecting every mode of life and behaviour of the people One of the key challenges in spreading the message of rural development in India is the diversity that is witnessed when one travels the area of the country. Folk forms from different places show striking similarities to each other but they vary depending on region. This variation results in an inconsistency of rules under which these forms are created or presented. It would be useful to hear to clearly define the terms that are going to be judiciously used within the scope of this paper. The word folk is synonymous with people or society. According to Sujan, the word folk itself connotes the harmonious coexistence of man with nature, his rearing of nature and being reared by it (Sujan, 172).  In the words of C.S. Sreekumar, folklore originated when the weary agricultural labourer was in the habit of singing songs to overcome the weariness of work. In his words Folklore is a medium through which the soul of a people expresses itself colourfully (ww.sikhspectrum.com). Now when artistically folklore is combined with dance or music or art, resulting in artistic fulfilment and entertainment, the end result is called Folk arts. Unlike its predecessor primitive art, folk art possesses a very interesting and different outlook and character. Folk art comes into being after a culture begins to sophisticate, It is languid and very informal and does not require any formal training or license to practice. Another characteristic of it is that folk arts are ingrained into the fabric of the social culture of rural India. It is perhaps the worlds most original art form as they were part and parcel of the earliest civilizations themselves. Sujan claims that all fine arts have their roots in the folk age. Village children pick up the songs and dances when they begin to pick up the language itself (Sreekumar, www.sikhspectrum.com) folk art often performs a specific function or possesses a specific purpose, the needs and peculiar problems of the village people find expression in folk art. Village life is routinely full of religious customs and ceremonies. Folk arts is very closely associated to religion and myth. Most of the stories are based on an mythological framework and often the specific purpose of the folk form becomes to illustrate the Myths and legends in a manner that is interesting and convincing. Folk media is a term that seems oddly, redundant as one is prompted to ask, but isnt all media folk? Another characteristic of it is that it is not static. The folk medium of a village is affected by the standard of life and developments in that village. In short, folk arts reflect the changing tastes of the rural population as their encounters with urbanity become more frequent and intense. While satisfying these needs, it also holds the responsibility of attaining a certain aesthetic level, owing to its status as an art form. There is no doubt that Folk art forms possess their own individuality and character. Their existence is dependent on its intrinsic merit i.e., flight of fancy of the artist, its symmetrical form, its tonal quality etc. To define the word tradition, they are the outcome of the mode, philosophy, ways, and behavioural pattern of a society. Tradition exists in every span of time. Even today we have traditions. Thus, the challenge is that they are easily replaceable. For example, normative patterns in communication often become traditions. Regarding the stereotyping that rural folk media is subjected to, especially the masses Sujan has this to say Whenever we speak of traditional folk media we aptly visualize a rural open-stage theatre with performance of puppetry in its various forms like kathas, gatha, bhajan mandlies, etc. The man of yesteryears praised gods and goddesses with hymns and bhajans, thus giving birth to the earliest musical expression. Music is the basic fine arts element in folk performances. Early man carved his gods out of stone or sculpted him out of mud. This shows that another important element of fine arts was sculpture. The caveman painted pictures of his gods and his own deeds in order to communicate his message to future generations, In this way, the third pillar of fine arts, after music an sculpture came to be painting. Man performed various rituals before the gods and deities to appease them. This was abhinayam or acting, the fourth strong pillar of fine arts. The fifth pillar, of course, i s poetry, which often enhances other fine arts. This elucidates how folk arts and folk media came into being. Whenever there is a folk bhajan mandali to communicate pious feelings and sing the greatness of god, it makes use of music. This music may include both naad and vaad. One can easily see that whenever we refer to folk media such as puppets, nautanki, or gatha, we find that some combinations of the five aspects of fine arts, that is,music, sculpture, painting, acting, and poetry, is present. Incidentally, puppets have the privilege of using all of these five basic elements. It is the urgent need for development of the country which compels us to find ways and means for better, faster, and clearer communication. There are merits and demerits of folk media in development contexts. It was utilized during the conception and inception of the First Five year Plan, having been considered even earlier by economists, social scientists, and communication experts. Both leaders and researches in social and communications sciences are making ceaseless efforts to find more effective communication media for faster development. Incorporating folk media is an important aspect of these efforts. Mass Media and Traditonal Folk Media Let us consider the existing and fast-developing mass media and also the traditional folk media, looking at the advantages and drawbacks of both. This actually means that we should scrutinize the antecedents of both traditional folk media and mass media before merging them together. However, the marriage and amalgamation of these two traditions-modern and historical is a must. Whenever we say Hindus, Muslims, Sikhs, Jains, Buddhists, we simply scan the cultural and religious background of the people. While uttering the above names we clearly visualise various cultural patters related to these religious orientations. On the other hand, when we say Indian we again visualize a cultural pattern which is Indian. At this juncture the cultural pattern which is related to Hindus, Muslims, etc., disappears. In the same way, when we talk of puppetry, lila, harikatha, folk songs, nautankis, we clearly visualizw the cultural and traditional background of each of the traditona folk media separately. One the other hand, whenever we say modern media we clearly visualize radio, TV, etc. Finally, instead of saying traditional folk media or modern media, we say mass media or mass communication. We naturally visualize all the media together. There are separate cultures and backgrounds for Hindus, Muslims, tribals and city dwellers, but together they are termed Indian. Puppetry, kawwali, nautanki, television, and radio are separate entities, but all of them when taken together constitute mass media. All have a certain power to communicate development messages. Instead of involving ourselves in research to find out the effectiveness and impact of folk media separately, would it not better to integrate traditonal folk media and modern media. The writer suggests that the modern media of South India should adopt regional folklore and communicate to the masses through an amalgamated technique including both traditional and modern entities. People like their traditions and their ways of communication. We should not disturb them in this respect and should adopt the traditional ways into electronic waves. For example, a nautanki of Uttar Pradesh can be telecast through regional television centres. In the same way, a string puppet tamasha may be telecast on TV in Rajasthan. Experimenting with this integration of modern and traditional media will require much study and planning. Putting together such media presentations may be done separately for various traditional folk media with the help of indigenous expertise. Both traditional folk media and modern media are needed for developmental programs, especially for rural development. In this way, the audience for these media include both the beneficiaries and the functionaries. The functionaries help design the developmental programs and the beneficiaries accept and adopt the outcome of developmental programs. Each media should include some of the basic pillars of fine arts along with the intended message. Let us examine the comparative strength and effectiveness of traditional folk media and modern media. Traditional Media Forms Modern Media Forms Cannot be universalised Can be universalised Express deep cultural roots Not culturally specific in any expression Variety of interest patterns Universal interest Cultural barriers Cultural freedom Mechanization is possible Mechanization is a must Training intensive Training extensive Limited area covered Wider area covered May be converted to electronics Totally electronic Direct rapport with the audience Rapport through field studies only By examining these comparisons one can discover that both have their merits. No doubt the nature of the development problem, if analyzed, can provide insights as to which forms may best accomplish a specific communication objective. Media choices require careful consideration of specific information needs and of the limitations of available message-delivery and message-development resources. To sum up, traditional folk media and modern media should be integrated for use in development contexts. This may help interfusing interest patterns of various regional entities. It may also be regions and places, enhancing the feeling of oneness in the country. It could be a force to generate respect between various cultural groups. Finally, this media combination could facilitate fulfilment of specific development objectives. Conclusion It is proposed that instead of being much involved in analysis and counter-analysis of traditional folk media, we should encourage further development of traditional media in itself and then make full use of these media in combination with modern media. We may call it interadaptation of media. Interadaptation of media, inturn, will help depolarize the interest patterns of a nation. By fusing some aspects of subcultures, different groups will come to know each other, understand each other, and come nearer to each other. For example, if we telecast a Rajasthani story (traditional form of communication) on television network, it will not only help to create an interest in the puppets of Rajasthan but also in the people who create them. Folk media, when broadcast or telecast, could increase an understanding of the life of tribal people as well. It could be used to inculcate a feeling that these far-off tribals are also citizens of India, paving the way for a national feeling and national integration of these groups. Apart from fulfilling the specific objectives of communication, the interfused approach using traditional folk media and modern media will help in creating reciprocal respect for each other. All these prospects make folk media, in combination with electronic media, a viable communication form to use in making effective messages for development. Traditonal Folk Media for Rural Development, D.K. Sujan, Perspectives on Development Communication, Editors K Sadanandan Nair, Shirley A White

Comparrison Donnie Darko, 2001: A Space Odyssey Essay -- essays resear

Donnie Darko and 2001: A Space Odyssey has central meanings that focus on science and religion. Richard Kelly's, Donnie Darko, introduces the protagonist as a teenage boy who is given the chance to live for twenty-eight more days after the mysterious jet engine crash that was intended to kill him. Donnie is plagued by visions of a giant sized evil-looking rabbit named Frank. Frank orders Donnie to commit acts of violence, warns of the impending end of the world, and is his guide throughout the movie. Donnie is portrayed as a Christ-like figure that will ultimately travel back in time not only to redeem his actions, but the actions of those he has affected. When Donnie dies he becomes a martyr and saves the world, like Christ. Stanley Kubrick's, 2001: A Space Odyssey portrays human evolution while being guided by a higher intelligence. Although this higher intelligence is anonymous throughout the movie, it has placed mysterious stone structures known as "monoliths" on the moon, Saturn, and Earth. These monoliths have purposively been around for over 4,000 years and are a symbol of evolution. At each new level of human achievement, the monolith is present. The scene in A Space Odyssey, where astronaut David Bowman lands on the enigmatic monolith, focuses on an evolutionary theme, whereas the montage scene in Donnie Darko shows the reverse of time followed by Donnie laughing in bed awaiting death, thus unraveling an underlying Christian theme in which Donnie is Christ-like for sacrificing himself to save the world. The sequence that portrays the central meaning in Donnie Darko is disclosed in the montage, consisting of scenes throughout the movie being shown in reverse. During the montage the jet engine from Mrs. Darko’s plane is seen crashing through the sky. Normally an engine would crash into the ground, but it travels through a surreal portal, which is a sign of divine intervention. It is now known that the engine's destination is towards Donnie's bedroom, as indicated in the beginning and ending of the film. The ensuing shots are taken from scenes that occurred earlier in the movie, filmed in reverse, indicating that Donnie is traveling back into time. As the montage progresses, Donnie reads the letter that he has written to Roberta Sparrow. He says, "I can breathe a sigh of relief... ...plaining how humans have accomplished and triumphed over the physical domain, a feat that can not be attained by animals. These elements attribute to the belief that humans have reached yet a higher level of evolution. Donnie Darko and 2001: A Space Odyssey has two contrasting central meanings. Darko has a religious central meaning in which Donnie is Christ-like whereas A Space Odyssey is focused towards science and evolution. Both scenes have unique ways of portraying this central meaning. Donnie Darko uses a montage scene in which time is reversed and Donnie learns to accept his imminent death. A Space Odyssey uses a scene that takes place in a futuristic setting and the main character transforms from a physical being to a spiritual space baby. Works Cited 2001 A Space Odyssey. Dir. Stanley Kubrick. Perf. Keir Dullea, Gary Lockwood, and William Sylvester. February 3, 2004. DVD. Warner Studios, 1968. Donnie Darko. Dir. Richard Kelly. Perf. Jake Gyllenhaal, Holmes Osborne, Maggie Gyllenhaal, Daveigh Chase, Mary McDonnell, Patrick Swayze, Drew Barrymore, and James Duval. September 7, 2004. Videocassette. Fox Home Entertainment, 2001.

Better Mental Health Care Will Stop Senseless Shootings Essay -- Gun C

Gun control is a topic which has become highly politicized. Mental health is an issue that many people do not understand. The correlation between these two issues is one that many do not see. Shootings have been on the rise and no one can come up with a good reason why. That is where these two seemingly different issues become something that has more in common than most can see. For gun related violence, and violence in general, what is a good method of dealing with these issues and saving lives? Mental health care improvement or gun control? To get a better idea of the two different options and what they may look like, one has to look at the history. The history provides a basis for what has happened with this particular issue in the past and how that might relate to the issue in the future. Mental illness plagues one out of four American citizens. Mental illness varies greatly from person to person. The spectrum of mental illness includes many illnesses including, depression and anxiety as well as some more serious illnesses such as down syndrome. All mental illness plays a role in how this person is going to function in society. These individuals have unique needs and individual strengths that need evaluated for proper care. The early history of mental illness is bleak. The belief that anyone with a mental illness was possessed by a demon or the family was being given a spiritual punishment was the reason behind the horrific treatment of those with mental illness. These individuals were placed into institutions that were unhygienic and typically were kept in dark, cave like rooms away from people in the outside world. The institutions were not only dark and gross; they also used inhumane forms of treatment o... ...shington Times, 28 Oct. 2013. Web. 01 Dec. 2013. Leupo, Kimberly. "The History of Mental Illness." The History of Mental Illness. N.p., n.d. Web. 13 Nov. 2013. Pollack, Harold. "What Happened to U.S. Mental Health Care after Deinstitutionalization." Washingtonpost.com. N.p., 12 June 2013. Web. 13 Nov. 2013. Reed, Samantha. "How We Got Here: The History of Deinstitutionalization." Roosevelt Institute. N.p., 23 July 2010. Web. 13 Nov. 2013. "Reform Is Needed With The Mental Health Care System In America." Political News. N.p., 7 Sept. 2013. Web. 13 Nov. 2013. Sanburn, Josh. "Business & Money." Business Money Americas Gun Economy By the Numbers Comments. Time Magazine, 18 Dec. 2012. Web. 25 Nov. 2013. Sanger-Katz, Margot. "Why Improving Mental Health Would Do Little to End Gun Violence." National Journal (2013). Opposing Viewpoints In Context. Web. 7 Nov. 2013.

Judicial review

We repeat these answers here as a convenience to you. IA Judicial review The courts can decide whether the laws or actions of the legislative and executive branches of government are constitutional. The process for making this determination is judicial review.The doctrine of judicial review was established in 1803 when the United States Supreme Court decided Mammary . Madison. AAA Jurisdiction To hear a case, a court must have jurisdiction over the person against whom the suit is brought or over the property involved in the suit. The court must also have jurisdiction over the subject matter. Generally, courts apply a â€Å"sliding-scale† standard to determine when it is proper to exercise jurisdiction over a defendant whose only connection with the jurisdiction is the Internet. A Trial and appellate courts A trial court is a court in which a lawsuit begins, a trial takes place, and evidence is presented. An appellate court reviews the rulings of trial court, on appeal from a j udgment or order of the lower court. AAA Discovery Discovery is the process of obtaining information and evidence about a case from the other party or third parties. Discovery entails gaining access to witnesses, documents, records, and other types of evidence. Electronic discovery differs in its subject-?that is, e-media rather than traditional sources of information, such as paper documents. A Alternative dispute resolution The traditional method of resolving a legal dispute is through litigation. Alternative methods include negotiation, mediation, and arbitration. In negotiation, the parties attempt to settle their dispute informally without the involvement of a third party acting as mediator. In mediation, the parties attempt to come to an agreement with the assistance of a neutral third party, a mediator, who does not, however, make a decision in the dispute. In arbitration, a neutral third party or a panel of experts hears a dispute and renders a decision.Answers to Critical T hinking Questions in the Features Beyond Our Borders-?critical Thinking (Page 76) One of the arguments against allowing Shari courts in the United States is hat We would no longer have a common legal framework within our society. Do you agree or disagree? Why? Arguments in favor of allowing Shari courts-?or at least permitting the application of Shari principles in disputes in U. S. Courts or in alternative methods of dispute resolution-?include the legal and cultural principle of giving effect to agreements.If the parties to a dispute have agreed to a certain set of standards to govern their situation, those standards could be applied. This would not undercut our common legal framework, but reinforce it. Arguments against allowing Shari courts or reminisces in the United States would most likely center on the conflicts between Shari tribunals and standards and state or federal authority, governmental bodies, or law. Adapting the Law to the Online Environment-?critical Thinking (Pag e 83) How might a large company protect itself from allegations that it intentionally failed to preserve electronic data?A corporation might defend against charges of intentional destruction or loss of data by showing, for example, that the absence is due to the implementation of a policy to periodically purge electronic systems. Such charges might be avoided by not destroying he data but instead storing it. Questions in the Cases Case 3. 1 -?Critical Thinking (Page 69) Ethical Consideration Was it fair for the North Carolina courts to require a New Jersey company to litigate in North Carolina? Explain. Yes, it was fair to require Independence to litigate in North Carolina.The courts ruling did not offend â€Å"traditional notions of fair play and substantial justice† because Independence purposely availed itself of the privilege of doing business in North Carolina. Independence had engaged in numerous transactions with Southern for a year and had billed Southern for services in amounts totaling ore than $21,000. Therefore, Independence should have expected to be hailed into court in North Carolina in the event of a dispute. Case 3. 2-?What If the Facts Were Different? Page 73) Suppose Gucci had not presented evidence that the defendant made one actual sale through his Web site to a resident of the court's district (the private investigator). Would the court still have found that it had personal jurisdiction over Hugging? Why or why not? The single sale to a resident of the district, Gucci private investigator, helped the plaintiff establish that the defendant ‘s Web site was interactive and that the defendant used the Web tit to sell goods to residents in the court's district.It is possible that without proof of such a sale, the court would not have found that it had personal jurisdiction over the foreign defendant. The reason is that courts cannot exercise jurisdiction over foreign defendants unless they can show the defendants had minimum conta cts with the forum, such as by selling goods within the forum. Case 3. 3-?Critical Thinking (Page 90) gal Consideration How would business be affected if each state could pass a statute, like the one in Texas, allowing parties to void out-of-state arbitration?If all states could pass statutes like the one in Texas, many parties would probably be less inclined to transact business. An arbitration provision allows a party to limit the burden and expense of settling any disputes. If another party could freely void such an agreement, there would be a greater risk of arbitration in an inconvenient forum, costly formal litigation, or both. That risk increases the perceived costs of doing business, making the business opportunity less attractive. Thus, many parties may decline to enter contracts without enforceable arbitration provisions.Answers to Questions in the Reviewing Feature t the End of the Chapter IA. Federal jurisdiction The federal district court can exercise jurisdiction in th is case because the case involves diversity of citizenship. Diversity jurisdiction requires that the plaintiff and defendant be from different states and that the dollar amount of the controversy exceed $75,000. Here, Garner resides in Illinois, and Foreman and his manager live in Texas. Because the dispute involved the promotion of a series of boxing matches with George Foreman, the amount in controversy likely exceeded the required threshold amount. A. Original or appellate jurisdiction Original jurisdiction, because the case was initiated in that court and that is where the trial will take place. Courts having original jurisdiction are courts of the first instance, or trial courts-?that is courts in which lawsuits begin, trials take place, and evidence is presented. In the federal court system, the district courts are the trial courts, so the federal district court has original jurisdiction. AAA. Jurisdiction in Illinois No, because the defendants lacked minimum contacts with the state of Illinois.Because the defendants were located out of the state, the court would eave to determine whether they had sufficient contacts with the State for the Illinois to exercise jurisdiction based on a long arm statute. Here, the defendants never came to Illinois, and the contract that they are alleged to have breached was not formed in Illinois. Thus, it is unlikely that an Illinois state court would find that sufficient minimum contacts existed to exercise AAA. Jurisdiction in Nevada Yes, because the defendants met with Garner and formed a contract in the state of Nevada.A state can exercise jurisdiction over out-of-state defendants under a long arm statute if the defendants had sufficient contacts with the State. Here, the parties met and negotiated their contract in Nevada, and a court would likely hold that these activities were sufficient to justify a Nevada courts exercising personal jurisdiction. Answer to Debate This Question in the Reviewing Feature at the End of the Chapter In this age of the Internet, when people communicate via e-mail, tweets, Backbone, and Keep, is the concept of jurisdiction losing its meaning?Many believe that yes, the idea of determining jurisdiction based on individuals' and companies' physical locations no longer has much meaning. Increasingly, entrants are formed via online communications. Does it matter where one Of the parties has a physical presence? Does it matter where the e-mail server or Web page server is located? Probably not. In contrast, in one sense, jurisdiction still has to be decided when conflicts arise. Slowly, but ever so surely, courts are developing rules to determine where jurisdiction lies when one or both parties used online systems to sell or buy goods or services.In the final analysis, a specific court in a specific physical location has to try each case. Answers to Issue Spotters in the Example Feature at the End of the Chapter IA Sue contracts with Tom to deliver a quantity of computers to Cue's Computer Store. They disagree over the amount, the delivery date, the price, and the quality. Sue files a suit against Tom in a state court. Their state requires that their dispute be submitted to mediation or nonbinding arbitration. Fifth dispute is not resolved, or if either party disagrees with the decision of the mediator or arbitrator, will a court hear the case?Explain. Yes. Submission of the dispute to mediation or nonbinding arbitration is mandatory, but compliance with the decision Of the mediator or arbitrator is voluntary. A At the trial, after Sue calls her witnesses, offers her evidence, and otherwise presents her side of the case, Tom has at least two choices between courses of actions. Tom can call his first witness. What else might he do? Tom could file a motion for a directed verdict. This motion asks the judge to direct a verdict for Tom on the ground that Sue presented no evidence that would justify granting Jan relief.The judge grants the motion if there is insufficient evidence to raise an issue of fact. Answers to Questions and Case Problems Business Scenarios and Case Problems 3-1 A Standing to sue (BELT page 73) This problem concerns standing to sue. As you read in the chapter, to have standing to sue, a party must have a legally protected, tangible interest at stake. The party must show that he or she has been injured, or is likely to be injured, by the actions of the party that he or she seeks to sue. In this problem, the issue is whether the Turns had been injured, or were likely to be injured, by the county's landfill operations.Clearly, one could argue that the injuries that the Turns complained of directly resulted from the county's violations of environmental laws while operating the landfill. The Turns ivied directly across from the landfill, and they were experiencing the specific types of harms (fires, scavenger problems, groundwater contamination) that those laws were enacted to address. Thus, the Turns would have st anding to bring their suit. 3-?AAA Question with Sample Answer-?jurisdiction Marry can bring suit in all three courts. The trucking firm did business in Florida, and the accident occurred there.Thus, the state of Florida would have jurisdiction over the defendant. Because the firm was headquartered in Georgia and had its principal place of business in that state, Marry could also sue in a Georgia court. Finally, because the amount in controversy exceeds $75,000, the suit could be brought in federal court on the basis of diversity of citizenship. 3-AAA Discovery (BITE pages 81-82) Under the work-product rule, attorneys are allowed to protect information that they have gathered as a result of their own skill and diligence.For example, an attorney for a party involved in an auto accident can go out to the scene of the accident and observe the fact that there is a stop sign missing without being under any obligation to divulge such information to his opponent in the lawsuit. Similarly, an attorney who discovers a recently ecocide case decision supporting his or her theory is under no obligation to share this discovery with the opposing attorney. If attorneys had to share everything, they would be less inclined to expend efforts on behalf of their clients because, in essence, they would be working for both sides at once. -?AAA Case Problem with Sample Answer-?Arbitration Based on a recent holding by the Washington state supreme court, the federal appeals court held that the arbitration provision was unconscionable (see page 296 in Chapter 1 1) and therefore invalid. Because it was invalid, the restriction on class-action suits was also invalid. The state court reasoned that by offering a contract that restricted class actions and required arbitration, the company had improperly stripped consumers of rights they would normally have to attack certain industry practices.Class-action suits are often brought in cases of deceptive or unfair industry practices when the lo sses suffered by an individual consumer are too small to warrant a consumer suing. In this case, the alleged added cell phone fees are so small that no one consumer would be likely to litigate or arbitrate the matter due to the expenses involved. Because the arbitration agreement eliminates the usability of class actions, it violates public policy and is void and unenforceable. 3-AAA Venue The purpose behind most venue statutes is to ensure that a defendant is not â€Å"hailed into a remote district, having no real relationship to the dispute. The events in dispute have no connection to Minnesota. The Court stated: â€Å"Looked at through the lens of practicality-?which is, after all, what [the venue statute] is all about-?Nestsg's motion can really be distilled to a simple question: does it make sense to compel litigation in Minnesota when this state bears no relationship to the parties or the underlying events? ‘ The court answered no to this simple question. The plaintiff resides in South Carolina, her daughters injuries occurred there, and all of her medical treatment was provided (and continues to be provided) in that state.South Carolina is the appropriate venue for this litigation against Nests to proceed. 3-AAA Arbitration (BELTS page 85) Arbitration can be compelled under a contracts arbitration clause as long as a dispute involves matters covered by the contract provision. In the set of facts in this problem, the terms of the parties' contract are central to the resolution of their dispute. Under the contract, all claims that PRM has against Premiering go to arbitration because the arbitration clause covers â€Å"all disputes. † That includes allegations of fraud and theft.Such matters can be resolved by arbitration. In the actual case on which this problem is based, the court ruled that PRM had to take all complaints about Premiering to arbitration. On appeal, the U. S. Court of Appeals for the Eighth Circuit affirmed this ruling. 3-A AA Spotlight on National Football-?Arbitration An arbitrator's award generally is the final word on the matter. A court's review of an arbitrator's decision is extremely limited in scope, unlike an appellate court's review oaf lower court's decision.A court will set aside an award only if the arbitrator's conduct or â€Å"bad faith† substantially prejudiced the rights of one of the parties, if the award violates an established public policy, or if the arbitrator exceeded her or his powers. In this problem, and in the actual case on which this problem is based, the NAP argued that the award was contrary to public policy because it required Matthews to forfeit the right to seek workers' compensation under California law. The court rejected this argument, because under the arbitrators award Matthews could still seek workers' compensation under Tennessee law.Thus, the arbitration award was not clearly contrary to public policy. 3-?AAA Minimum contacts (BITE pages 66-68) No. This statement alone was insufficient to establish that Illinois did not have jurisdiction over the defendant. The court ruled that Med-Express failed to introduce factual evidence proving that the Illinois trial court lacked personal jurisdiction over Med-Express. Med-Express had merely recited that it was a North Carolina corporation and did not have minimum contacts with Illinois. Med-Express sent a letter to this effect to the clerk of Cook County, Illinois, and to the trial court judge. But that was not enough.When a judgment of a court from another state is challenged on the grounds of personal jurisdiction, there is a presumption that the court issuing the judgment had jurisdiction until the contrary is shown. It was not. 3-?AAA A Question of Ethics-?Agreement to arbitrate 1. This is very common, as many hospitals and other health-care provides have arbitration agreements in their contracts for services. There was a valid contract here. It is presumed in valid contracts that arbit ration clauses will be upheld unless there is a violation of public policy. The provision of medical are is much like the provision of other services in this regard.There was not evidence of fraud or pressure in the inclusion of the arbitration agreement. Of course there is concern about mistreatment of patients, but there is no reason to believe that arbitration will not provide a professional review of the evidence of what transpired in this situation. Arbitration is a less of a lottery that litigation can be, as there are very few gigantic arbitration awards, but there is no evidence of systematic discrimination against plaintiffs in arbitration compared to litigation, so there may not be a major ethical issue. . McDaniel had the legal capacity to sign on behalf of her mother.Someone had to do that because she lacked mental capacity. So long as in such situations the contracts do not contain terms that place the patient at a greater disadvantage than would be the case if the pati ent had mental capacity, there is not particular reason to treat the matter any differently. Critical Thinking and Writing Assignments 3-AAA Business Law Critical Thinking Group Assignments 1. The statute violates litigants' rights of access to the courts and to a jury trial because the imposition of arbitration costs on those who improve their sections by less than 10 percent on an appeal is an unreasonable burden.And the statute forces parties to arbitrate before they litigate-?an added step in the process of dispute resolution. The limits on the rights of the parties to appeal the results Of their arbitration to a court further impede their rights Of access. The arbitration procedures mandated by the statute are not reasonably related to the legitimate governmental interest of attaining less costly resolutions of disputes. 2. The statute does not violate litigants' constitutional right of access to the courts because it provides the parties tit an opportunity for a court trial in the event either party is dissatisfied with an arbitrator's decision.The burdens on a person's access to the courts are reasonable. The state judicial system can avoid the expense of a trial in many cases. And parties who cannot improve their positions by more than 10 percent on appeal are arguably wasting everyone's time. The assessment of the costs of the arbitration on such parties may discourage appeals in some cases, which allows the courts to further avoid the expense of a trial. The arbitration procedures mandated by the statute are reasonably related to the estimate governmental interest of attaining speedier and less costly resolution of disputes. . The determination on rights of access could be different if the statute was part of a pilot program and affected only a few judicial districts in the state because only parties who fell under the jurisdiction of those districts would be subject to the limits. Opponents might argue that the program violates the due process of th e Fifth Amendment because it is not applied fairly throughout the State. Proponents might counter that parties who object to an arbitrator's decision have an opportunity to appeal it to a court.Opponents might argue that the program exceeds what the state legislature can impose because it does not reasonably relate to a legitimate governmental objective-?it arbitrarily requires only litigants who reside in a few jurisdictions to submit to arbitration. Proponents might counter that this is aimed at the reduction of court costs-?that the statute rationally relates to a legitimate governmental end. An equal protection challenge would most likely be subject to a similar rational basis test. Under these and other arguments, the reduction of court costs would be a difficult objective to successfully argue against.