Nutrition Final Paper Essay Example for Free

Nutrition Final Paper Essay Question 1 (3 pts): Clients will often approach the RD, bewildered as to how to select, plan, and prepare a healthy diet for themselves or their families. Using yourself as an example, discuss the six basic principles of diet planning and how they apply to your dietary intake. Answer 1: Preparing and eating health meals for me and my family can be difficult with our busy schedule, but it starts with a plan. Using the 6 principles of diet planning I start with adequacy. I accomplish this by writing out a grocery list of all the things my family will need for the week. I also shop weekly because we prefer fresh fruit and vegetables. Next, I make sure we have an even balance of foods. I write out meal plans for the week to make sure my family has an even items of food and also a variety of foods. This can be very challenging with young picky kids, because my son would just eat fruit and oatmeal all day long if I let him. Variety is really hard in the Parker home because of the limited food choices do to my husband intolerance to red meats and dairy products. I also struggle because my favorite food list consists of about 10 different kinds of foods. We dont really have problems with the nutrient density because we only eat lean proteins such as fish, turkey, and chicken. My husband cannot tolerate fatty food so we dont fry, and we enjoy a fixed variety of fruits and vegetables. I do not pay attention to calorie content unless it is a prepackaged food you heat up or add water to, but I do make sure what Im putting into my families bodies is enough to keep them going for the day. Moderation is the last of the principles and a big one in my house. When cooking we do not add extra salt for taste nor do we consume foods with high trans fat, saturated fat,or cholesterol. Water is also the most consumed beverage. Soda has no home in my pantry, but we do elect for juices that are not made from concentrate. Question 2 (2 pts): Discuss the key recommendations of the Dietary Guidelines for Americans 2010 and differentiate these guidelines from the Canadian Guidelines for Healthy Eating. Do you have a preference as to which one you would use with clients? Answer 2: The dietary guidelines for Americans in 2010 have 4 main points. Starting with balancing calories to manage weight. With in this section it talks about how to maintain calorie control,intake,and balance. Also, is talks about physical activity and keeping active to maintain a healthy weight. In the Canadian guidelines it has in own section for keeping active and doing it in accordance to your body weight, but it really doesnt touch on calorie balance or intake. Next, the American guidelines touches on foods to reduce from your diet. Focuses limiting sodium, saturated, mono and poly saturated,cholesterol ,trans fats,added sugars,refined grains,and alcohol. Whereas Canadian guidelines really just focus a lot on salt intake, alcohol, and caffeine. Next American guidelines talks about food to increase. Included in this list is fruits, vegetables, fat free dairy, lean proteins, seafood, and foods that have more vitamins within them. The Canadian guidelines emphasis consuming a variety of complex carbs and foods from the earth. Also, incorporating low fat dairy products as part of a daly routine. Although, both will guide the average person to a healthier lifestyle I would refer my clients to the American guidelines because it goes in to more depth of how to live healthier. Question 3 (3 pts): MyPyramid is a popular graphic source for nutrition information. In fact, it is so popular that it has been duplicated as a graphic for exercise information, vegetarian diets, etc. Given its popularity, it would appear that MyPyramid is the best pictorial to teach consumers nutritional information. Would you agree or disagree? Why? After you have stated your own personal argument, consider the other perspective and discuss why someone would take this perspective. Answer 3: I believe MyPyramid is a great way to teach consumers nutritional information, but I disagree thats it is the best way. The people who need these guidelines the most are most likely ones who do not take the time to get on the Internet and use the tools that MyPyramid has to offer. I dont think it properly educates people on the right food choices in each group. Education on nutrient density is a lacking component when using MyPyramid. I also believe that the MyPyramid is lacking in teaching balance of healthy foods. It seems like they stress certain foods more than others and thus creating unhealthy habits for individuals not properly understanding their nutrition needs. Question 4 (3 pts) : Food manufacturing and technology continue to grow in sophistication. While one can certainly debate about the pros and cons of such growth, there is no doubt that consumers are often confused about the different labels given to the different types of processed foods! (a) In a few sentences, describe each of the following: fortified, refined, enriched, whole grain, and textured vegetable protein. (b) What are your thoughts on how these types of foods fit into the diet of the American consumer? Question 4 a) Refined foods are highly processed that have been stripped of their original nutrient content such as white flour and white pasta. Enriched foods add vitamins and minerals to replace the ones lost in the refining process. Fortified foods add vitamins and nutrients in addition to the ones found before the refining process. Question 5 (3 pts): To fully gain command of their dietary intake, consumers should know how to read food labels. Many find reading food labels very confusing. Why do you personally believe that consumers find food labels hard to read? Describe how you, if you were an RD, would educate your client on reading a food label. What do you think would be your priority point of education for your client? Question 6 (5 pts): As noted in your readings, describing a vegetarian diet is somewhat like describing a typical American diet; there are many varieties. Please describe the types of vegetarian diets one might come into contact with and provide a short synopsis on the food plan that would be followed. Question 7 (3 pts): Discuss the rationale why consumers/clients select to pursue a vegetarian dietary plan as well as the health benefits of following a vegetarian diet. Question 8 (3 pts): Discuss nutrients that an RD should be careful to assess for and discuss with a client pursuing a vegetarian program to ensure that their dietary plan allows for sufficient quantities of that nutrient.

Claude Monet Essay -- Artists Impressionism Painters Painting Essays

Claude Monet Claude Monet made the art community address a revolutionary type of art called impressionism. In a style not previously before painted, impressionism captured a scene by using bright colors with lots of light and different shades to create the illusion of a glance. The traditional method of working in a studio was discarded and the impressionist artists carried any needed supplies with them into the countryside and painted the complete work outside. The manufacture of portable tin tubes of oil paints as well as the discovery of ways to produce a wider range of chemical pigments allowed artists to paint in a way unimaginable before this period in time (Stuckey 12). Monet and others, such as Pierre Auguste Renior, Paul Cezanne, Edgar Degas, Berthe Morisot, Edouard Manet, Camille Pissarro, and Alfred Sisley, took this style of art to a new level never seen before. Claude Monet was born on November 14, 1840, in Paris, France and moved to LeHavre with his family at age five (Skira 21). As a schoolboy, Monet doodled in the margins of his books. His artistic career began by drawing caricatures of his schoolmasters distorting their faces and profiles outrageously. By the time he was fifteen, people would pay ten or twenty francs for one of his drawings (Skira 22). In 1857 Monet met the famous landscape painter Eugene Boudin, who was in the LeHavre area. Boudin noticed Monet's talent when he saw his caricatures. Boudin took Monet to the countryside and showed him what it was to paint something of art. Monet was quoted as saying, "it was as if a veil was torn from my eyes and I understood what painting should be (Stuckey 186)." Monet used the money earned from selling his caricatures to pay for a trip to Paris in 18... ...f 86 and after outliving many of his fellow artists, Claude Monet died leaving a legacy of works devoted to the way he saw the world. Everything in life was a magnificent symphony of colors in Monet's eyes. He brought to canvas the technique of preserving one particular moment in time by developing the style of presenting the first impact of what an eye would capture in one glance before the brain had the chance to create the exact image of the subject in the mind. Today over 2,000 oil paintings and 600 pencil sketches are exhibited in museums, galleries, and with private art collectors (Stuckey 10) allowing the world to appreciate Monet's vision forever. Works Cited House, John. Monet. London: Phaidon Press Limited, 1977. Skira, Albert. Claude Monet. NY: Crown Publishers, 1972. Stuckey, Charles F. Claude Monet 1840 – 1926. NY: Thames & Hudson, 1995.

Health Care Roles in Communication Essay

Elisabeth Kubler-Ross once said,† â€Å"We have to ask ourselves whether medicine is to remain a humanitarian and respected profession or a new but depersonalized science in the service of prolonging life rather than diminishing human suffering.† In the health care field there are many roles that balance each other. Whether it is the doctor, patient, or medical assistant all play a vital role in the care of others. The purpose of this paper is to compare the differences in communication between the different roles in the hospital. This paper will also be providing an appropriate solution for the scenario provided. The scenario provided is about a young Asian girl named Lena. She was taken to the emergency room by her friend Susie after she fainted in class. Raised in a culture, which has made Lena independent, She verbally attacks her friend yelling about how she is not weak. When she tries to leave, Susie retrieves the medical assistant. The medical assistant restrains Lena and is then sent away by the doctor. The doctor tries to reason with Lena and explain why she is there, but gets no response from her. Finally, the doctor leaves to care for other patients. For this scenario I will be examining the role of the doctor first. From the perspective of the doctor, Lena is very stubborn. This doctor has to see dozens of patients a day and does not have time to argue with one patient who does not want to be there. A doctor’s time is precious, especially in the emergency room. Although the doctor sees many cases which are easy, such as a runny nose or a broken finger, there are many emergencies that require immediate attention. If there was a call for a doctor to assist in a patient from a major auto accident , this doctor may choose to put a fainting girl on the sideline to assist with the trauma. On the other hand, the doctor should still attempt to treat the patient to the best of his or her abilities in the short time allowed. There are other ways to gain  information regarding Lena’s situation, which will be discussed later. The medical assistant was the first medical professional to confront Lena after she woke up. From the tone of voice portrayed in the scenario, the medical assistant wanted to help the patient. The assistant rushed to the patient’s side, knowing she was very sick and needed medical attention. Unfortunately, Lena could not be reasoned with between the time the medical assistant arrived and the time the doctor walked in. The medical assistant was not given enough time to calm the patient or explain the situation. Susie seems concerned for her best friend’s health and safety. Even though Susie knows her friend has an independent attitude, there has to be a reason she brought Lena to the emergency room. Unless Lena had been sick for a while or had fainted before, there would be no cause for Susie to rush her to the hospital. Susie also shows her concern for Lena by rushing to get the attention of the medical assistant when Lena tries to leave. Susie must believe that Lena’s health is important enough to bring her to a place where she can get the medical help she needs to get better. Finally, there is Lena, the patient. Lena was brought up to be independent and strong. Many residents raised in Southeast Asia that find it hard to conform to western medicine. Even though Lena has lived in the United States for 10 years, which means she has spent the majority of life around the medicinal practices of her parents and her culture. As an example, if Lena is from Vietnam her knowledge of medicine would be vastly different (Schultz, 1980). In most areas of Vietnam, residents and medical practitioners steer away from prescription medicine and favor herbs instead. Eastern medicine relies heavily on the spiritual element in the human body as much as western medicine relies on the chemical makeup (Vietnam National Administration Of Tourism, 2010). If Lena was used to Vietnamese eastern medicine her reaction to being in the hospital is not surprising. Her idea of medicine may come in the form of a root instead of a bottle. Within the scenario are many complications with the communication between individuals. First, there is the confrontation between Lena and Susie. Lena  instantly blames Susie for taking her to the hospital. While Susie is her best friend and is the one sitting in the room with her, it may not have been Susie’s choice to send Lena to the emergency room. Because Lena fainted in class, it would be the responsibility of her instructor to make sure she was taken care of. The instructor’s reaction may have been to call the paramedics to make sure the student received proper medical attention. There would have been nothing Susie could have said to prevent the paramedics and medical professionals from making the decision to take Lena to see a doctor. Once at the hospital, Susie could have worked to calm her friend down before rushing to find the medical assistant to restrain her. She could have also provided some insight, to the doctor, regarding Lena’s recent medical problems leading to the fainting. This may have softened the doctor’s approach to Lena’s silence. While the medical professional was doing her job by keeping the patient in the hospital, extra empathy should have been given. The initial approach was rough and direct. Each patient should be given the same consideration regardless of the circumstances. Instead of verbally attacking Lena, the medical assistant should have approached Lena in a different manner. Being too direct will put the patient in a defensive position rather than a position to listen. When the medical assistant states she doesn’t have time to deal with Lena, it lowers the value of the patients worth as someone who needs care. It is like saying the person with a bloody nose should take priority over someone who has fainted and may have a serious underlying condition. Admonishing a patient and telling them they are sick is worthless. Lena knows she is sick. She just wants to prove she can cure herself without the interference of doctors. Had the medical assistant shown more empathy and expressed her understa nding of Lena’s situation it may have diffused the angry encounter. Many communication conflicts with the doctor in regard to everyone else in the room. First is the treatment of the medical assistant by the doctor. From the scenario we can see that the doctor was close behind the assistant as she came through the door. The medical assistant did not have enough time to do her job before the doctor told her to leave the room. Had the doctor  allowed the medical assistant to stay in the room it may have had a positive effect on the patient. If the doctor is a male, Lena may have felt uncomfortable around him and the presence of a female assistant may ease the worry. The doctor could have gained immeasurable information about Lena’s condition from Susie. Had the doctor questioned the best friend it could have revealed how long this had been going on and what other symptoms Lena had been exhibiting. Instead the doctor completely ignores Susie and turns attention to Lena. When the doctor tells Lena what is going on he does not pay attention to how, she is reacting, only that she is not answering the questions. The doctor makes the assumption that Lena is quite on purpose and leaves to go treat other patients. In the scenario are a few key points that the doctor missed and misinterpreted. Just like with the medical assistant, more care should have been given to calming Lena down instead of becoming defensive. By being understanding, the doctor would have caught the signs of something more serious going on with Lena’s health. The blank look on her face may not have given much away, depending on her age. Many people who look blank or vacant when someone is telling him or her about a topic they know little about. However, her eyes may have helped the doctor realize something serious was happening. A blank look may mean nothing, but a glassy eyed stare could mean something. Lena had started to sweat profusely. Most hospitals keep the complex cooler than normal to help stave off nausea and fever in most patients. The sweating, blank stare, and non-responsiveness could have signaled the doctor there was something worse than just fainting in Lena’s condition. With just the few symptoms exhibited in the scenario, Lena could be suffering anything from heat exhaustion to a deadly pulmonary embolism (WebMD, LLC, 2010). Last, there is the patient, Lena. Her lack of communication is born from family traditions that go back hundreds of years. Even so, Lena has lived in the United States for 10 years. It would be impossible for her to live in this country and go to school here without seeing a western medicine doctor. She could be used to smaller clinics; however, her reaction to the emergency room is unwarranted. The scenario made it seem as if Lena did not want to  talk to the doctor because she resented being in the hospital. Her outburst upon waking, and her non-responsiveness to the doctor, may have been a part of her illness. She might not have been aware of where she was by the time the doctor was through explaining her condition. An appropriate solution for the situation should be patience and empathy. The medical assistant and the doctor should have been more understanding toward the patient. There should have been compassion toward a young girl who was upset and confused. More attention to detail was needed by the doctor. Susie should have spoken up when Lena could not. Her information could help her friend from getting worse. Lena, having lived in the United States for 10 years, should have been willing to hear what the doctor had found before making the decision to leave. I have been in the customer service field for 13 years. From Banking, to telecommunication, to healthcare, the only factor that changes is the service provided. There will always be someone else who needs the attention of the representative. The key to communicating to a customer is empathy. Allowing a person to realize you understand their situation and showing a willingness to help, makes the difference. When you have a patient who is screaming and upset, you cannot take it personally. They are hurt, confused, and afraid. A caregiver cannot treat patients the same if they take everything personally. Lena was not yelling because she hated the assistant or the doctor. She was yelling because she did not think she was as sick as the doctor did. Both the doctor and the assistant treated Lena as if she were wasting their time, instead of looking at the situation rationally. In conclusion, communication all comes down to how a person handles customer service. Each role in this scenario is a tough one to have. First, the patient, who is full of fear and has been raised to think differently. Next, the best friend, who is afraid of losing her friend to illness but is too scared to speak up. Third, the assistant, who has many other patients to see. Last, the doctor, who is skilled in what he does, but fails to see the obvious signs of something worse. All of these roles are true, from day to day. They are in every hospital, clinic, and emergency room. There should be  more classes within medical schooling that teach caregivers how to show empathy and understanding to their patients. There should also be continuing education for all caregivers to refresh what they have been taught. References WebMD, LLC. (2010). WebMD Symptom Checker. Retrieved from http://symptoms.webmd.com/symptomchecker Vietnam National Administration Of Tourism. (2010). Vietnam Traditional Medicine. Retrieved from http://www.vietvisiontravel.com/vietnam/travel-guide/Traditional_medicine/ Schultz, S. L. (1980, August). Southeast Asian Health Beliefs and Practices. Education Resources Information Center

Civil Procedure Outline

Civil Procedure Outline I. Personal Jx- in what states can the ? sue the ?. a. In personam- pwr over the person. General jx- the ? can be sued in that state for a claim that arose anywhere in the world. Specific jx- the ? is being sued for a claim that arose from their actions w/in the forum. i. Constitutional Limits- Due Process Circle 1. Pennoyer v. Neff- Traditional basis for in personam 1. The ? is served with process in the forum- presence- general jx 2. Service on the ? agent in the forum 3. The ? is domiciled in the forum- general jx 4. The ? consents to jx 2. Hess v Pelosky- expanded the traditional basis for in personam jx 1.The ? wanted to sue the ? for causing an accident in the state, but under the traditional way couldn’t serve process bc the ? had left the state. That state court was able to uphold jx through the nonresident motorist statute- if you drive in our state; you are consenting to in personam jx and appointing a state official as your agent for service. Always specific jx. 3. International Shoe v. Washington 1. There is jx if the ? has such minimum contacts with the forum so that jx, does not offend traditional notions, fair play and social justice. i. You can serve process outside the forum by this time, as long as you meet the Shoe Test ii.There are 2 parts contact and fairness iii. Doesn’t overrule Pennoyer, test if ? is not present when served 4. McGee 1. The TX company solicited the business in CA 2. CA had an interest in providing justice for its residents. 5. Hansen 1. Under Internaitonl shoe the contact btwn the ? and the forum must result from the ? ’s purposeful availment. The ? must reach out to the forum. 2. No jx in FL over a DE bank, the bank only serviced a client in the forum, didn’t reach out. 6. World Wide Volkswagen- 1. NY family buys car in NY to move to AZ, in car accident in OK sue in OK for a car defect, sue 2 NY ? n OK, no jx 2. No purposeful availment by the ?. 3. It must be foreseeabl e that the ? could get sued in that state, not that your product could get to the state. 7. Burger King- MI residents owned a franchise in FL; got sued there and the ? argued that it was unfair to allow suit in FL 1. Court makes it clear that there are 2 parts under International Shoe: contact and fairness. 2. Contact is assessed first, it no relevant contact then it could be fair to sue there but still no jx. 3. The ? had reached into FL for a franchise so contact met, the ? said it was unfair and the Court said tough you can travel i.Court said that you have to show that you are at such a great disadvantage that it would be unfair to litigate there ii. Tough to prove bc wealth of the parties is irrelevant. 8. Asahi Metal v. Superior Court NO LAW 4-4 split – stream of commerce case. 1. Brennan theory -it is a contact if I put the product in the stream of commerce and I reasonably anticipate it could end up in states c, d, e 2. O’Connor theory- need the Brennan theory plus an intent to serve states c, d, e 9. McIntyre- stream of commerce NO LAW- split 3 ways- English company only reaches out to Ohio; the Ohio Company then sells everywhere.Individual hurt in Jersey and sues the English company there, Supreme Court no jx, Majority agreed on no jx 1. 4 justices adopt O’Conner theory- found no intent 2. Bryer and another –don’t take sides, agrees with both tests just doesn’t see enough facts 3. Ginsburg- dissent- would have found jx, she said if you target the US, then you can be sued in any state where your product does harm 10. Burnham- Jersey ? sued in CA, the ? is present in CA when served with process. Sued on general jx. The question raised is whether traditional service is good by itself or do you need to go through the International Shoe test as well.Split 4-4 1. Scalia theory- that presence when served is ok by itself. Traditional basis is an alternative to International Shoe test. 2. Brennan theory- always apply International Shoe test, it has replaced the traditional basis. 11. Goodyear- when is there general jx. 1. Prior to Goodyear, Court said that there was general jx provided that the ? had continuous and systematic contact with the forum. 2. Goodyear -not enough, now need this, and also the forum must be a place where the ? is essentially at home i. For ppl- domicile ii. For business- state of incorporation and principle place of business 3.This cannot be based simply on buying and selling in the state. ii. Steps for analysis 1. Constitutional Analysis- does a traditional basis apply- it may be enough, then mention the split that International Shoe always applies 2. The Shoe Analysis 1. Must be relevant contact with the forum i. Purposeful availment on the part of the ?. ii. Foreseeable that you could get sued there, not that your product gets there. 2. Specific or General Jx -relatedness- does this claim arise from the ? contact with the forum. i. If yes, then you can sue for specifi c jx. ii. If no, then you can only sue for general jx. 3. fairness factors- it’s up to the ? to show that it is a burden 1. inconvenience for the ? 2. forum state’s interest 3.? interest 4. interest in efficiency 5. shared substantive policy iii. Statutes- every state has statutes for residents for service and notice. 1. Every state has statutes for traditional service- domicile. 2. For non-residents 1. Nonresident Motorist Statute- specific jx- had to stem from a car accident 2. Long Arm Statute- go after nonresidents, specific jx, i. CA- we have jx to the fullest extent of Constitution. ii. Laundry List- transacting business, commits a tortuous act in the forum. I. e. : ? akes a widget in State A and sells widget to ? in State B and ? is injured, did tort occur in state b- courts are split. b. In Rem- pwr of the court over a ? property w/in jx- the fight btwn ? and ? is about the property, the fight is whose land is it i. Attachment statutes- court can attach propert y that ? owns or claims to own ii. Constitution- Shaffer v Heitner- held that seizing property at the outset of the suit is not enough. Additionally, the ? must meet the International Shoe standards. c. Quasi In Rem- pwr of the court over a ? w/in the jx-the suit at hand has nothing to do with property ownership. i. Pennoyer v.Neff- dealt with the underlying case btwn Mitchell and Neff- breach of contract. Court held that it is fine to use property but the property had to be attached at the time of filing the suit. ii. Attachment statutes and Constitutional Tests are the same for quasi in rem. II. Notice- has to be given to the ? and she has to have a chance to be heard a. Service of Process- FRCP Rule 4- process- consist of the summons and a copy of the complaint i. Summons content- Rule 4 a 1 ii. Service can be made by any non party who is at least age 18-Rule 4 c 2 iii. How to serve an individual- Rule 4 e 2- 3 ways 1. Personal service- can be done anywhere . Substituted service- must be done at ? dwelling or usual abode, and must serve someone of suitable and discretion WHO RESIDES THERE! 3. Serve the ? agent iv. Also look to Rule 4 e 1- allows methods of state law where either the federal court sits or the state laws in the state where process is served v. Serving a Business- Rule 4 h 1- you can serve an officer, or a managing or general agent. Rule 4 e 1 also applies vi. Waiver of Service- Rule 4 d- waiving process by mail. If form not mailed back, have to do it the normal way, but the ? will have to pay for the service of process b. Constitutional Element- if you become aware that the ? idn’t receive service, you might have to try another way. III. Subject Matter Jx a. Diversity of Citizenship i. 28 US  §1332 a 1- 2 Requirements for Diversity 1. Case is between citizens of different states 2. Amount in controversy exceeds $75,000 1. Citizens of different states i. Complete diversity rule- there is not diversity if any ? is a citizen of the same state as any ?. ii. A US citizen is a citizen of the US state in which you are domiciled. YOU ONLY HAVE ONE DOMICILE 1. Physical presence 2. Form the intent to make it your permanent home 3. Citizenship of a Corporation 28 US  §1332 i. State of incorporation AND i. Where the principle place of business 1. Hertz case- the principle place is where the managers direct, control, and coordinate the business activities- Nerve Center (usually headquarters) 4. Non incorporated business 1. Look at citizenship of all the partners/members ii. Amount in controversy 1. Must exceed $75,000 2. Aggregation- adding multiple claims to reach the required amount. We aggregate claims if there is one ? and one ?. Cannot aggregate if there are multiple ? and multiple ?. 3. If there are joint claims, use the total amount of the claim. Here the number of parties is irrelevant. b. Federal Question i. 8 US  §1331- we need a question that arises under federal law ii. Well pleaded complaint rule 1. Look on ly that the compliant. 2. Focus on the claim itself 3. Is the ? enforcing a federal right, is so meets the well pleaded complaint rule. 4. RR v Mottley- Court held that the Mottley’s weren’t enforcing a right under the federal law and not a federal question. c. Supplemental Jurisdiction i. 28 US  §1367- gets non-federal question, non-diversity claim into federal court ii. Mine Workers v Gibbs-labor disputes in mines- ? sued the ? on a federal claim and a state claim that arose from the same transaction or occurrence.Supplemental jx is ok if claim 1 and claim 2 shares a common nucleus of operative fact, then both claims can come in. Gibbs test- same overall dispute. Gibbs is always met if the 2 claims arise from the same transaction or occurrence 1. Does  §1367 a grant jx? Yes if it meets Gibbs 2. Does  §1367 b take jx away? ONLY APPLIES IN DIVERSITY CASES and only takes away jx over claims by the ? , not the ?. d. Removal - §1441,  §1446,  §1447 i. Allows a ? sued in state court to have a case removed from state court to federal court. If the case doesn’t belong there, then the federal court will remand it back to the state court. i. General rule it is removable if there is federal subject matter jx 1. EXCEPTION- you cannot remove a diversity case if any ? is a citizen of the forum, in state ? rule. Only applies in diversity, not federal question. 2. All ? must agree to the removal 3. You must remove w/in 30 days of service of the document that first makes the case removable. Usually, 30 days of service of process, from service, not from filing. 4. You can remove only to the federal district court that embraces that states courts (I. e. – if filed in St Louis, then you can only remove to Eastern Dist. of Missouri) IV. Venue .  §1391 a- diversity and b- federal question- same for both diversity and federal question i. Lay venue in any district where all ? reside. 1. If all ? reside in the same state but different distri cts, you can lay venue where any of them reside. 2. Reside- for ppl- domicile- same as citizenship. For businesses-  §1391 c (applies to all businesses)- business resides in all district where it is subject to personal jx when the case is filed. ii. Lay venue in any district where a substantial part of the claim arose b. Transfer of Venue- moving from one court to another in the same judicial system.The original federal court- transferor. The court to which we send it is the transferee.  § 1404 and  §1406- IN BOTH STATUTES THE TRANSFEREE MUST BE A PROPER VENUE AND HAVE PERSONAL JX OVER THE ? W/O WAIVER BY THE ?. i.  §1404- Convenience for parties and witnesses and in the interest of justice 1. Public and Private Factors- footnote 6 of Piper case ii.  §1406 a- The transferor is an improper venue- you can dismiss or transfer the case in the interest c. Forum non convenient- a court dismisses bc there is another court that makes more sense for the case to be tried. You dismis s bc transfer is impossible.The proper court is in a different judicial system. Usually applies in cases where the proper court would be a foreign court. i. Piper Case- case dismissed in the US fed court by of forum non convenient- should have been filed in Scotland 1. Reasons to dismiss- footnote 6 of Piper case. Common sense. V. Erie Doctrine a. In federal court in a diversity case- an issue is to be decided, the judge must decide if she must apply state law. i. Erie- In a diversity case, the judge must apply state law for substantive state law. Erie decides this- Rules of Decision Act  §1652 and the US Constitution- 10th Amendment. . Element of a claim is always substantive law ii. Hannah v. Plumer- shows that Erie Doctrine is 2 doctrines: 1. Is there a federal law on point that directly conflicts with state law, Ie: FRCP, statutes, Rules of Evidence. , If there is yes, we apply the federal law as long as it is valid (based upon the Supremacy Clause of the Constitution. ) 1. Te st validity under the Rules Enabling Act  §2072- Shady Grove-4 justices said that all you have to show that the rule is arguably procedural; Stevenson- said you have to look and see if the rule intrudes into state policy.A FRCP has ever been invalidated. 2. If there is no federal law, Erie Prong- Rules of Decision act and Constitution- if substance, must follow state law. iii. Three tests for is it substantive law 1. Outcome Determinative- Guarantee Trust v. York- under state statute of limitations case was filed too late, case filed in federal court, judge wanted to ignore state on statute of limitations, court held no bc it is outcome determinative. If you apply the state law, case dismissed. If you apply federal rules, the case goes forward. Bc there are different outcomes, it is substantive. 2.Balance the interest- Byrd v Blueridge- state law said a specific issue is decided by a judge, not jury. Filed in federal court, judge wanted to let it go to the jury. Not clearly outcom e determinative, but court said if something is not clearly substantive, follow state law, unless the federal court has an interest in doing it differently. Weigh the interests of the 2 systems. In this case there was no reason for this rule, so the federal interest outweighed the state interest in this case. 3. Twin aims of Erie- comes from Hanna 1. Avoid forum shopping 2. Avoid inequitable administration of law. i.To apply this, ask at the beginning of the case, if the federal judge ignores this state law, will it cause parties to flock to federal court. We don’t want this bc it provides an advantage to diversity cases. VI. Pleadings a. Complaint- pleading filed by ?. Rule 8 a i. Statement of subject matter jx ii. Short and plain statement of the claim iii. Demand for relief 1. Historically- notice pleading. Put enough in there to put the others side on notice. 1. Twombly and Iqbal- interpretation of Rule 8 a 2 i. The court will ignore conclusions of law ii. The ? must plea d facts supporting a plausible claim iii.Court will use its own experience and common sense to decide what is plausible- Subjective 2. You must give more facts/plead detail for fraud, special damages b. The ? response- Rule 12 i. The ? must respond w/in 21 days ii.? can respond by answer or motion 1. Rule 12 e- motion for a more definite statement 2. Rule 12 f- motion to strike from a pleading iii. Rule 12 b Defenses- 7 defenses- motions to dismiss, can be made by motion or by answer 1. Subject matter jx 2. Personal jx 3. Improper venue 4. Insufficient process- document px 5. Improper service of process- px with service 6. Failure to state a claim . Failure to join a party under Rule 19 (indispensable party) iv. Rule 12 g and h- strict things about waiver 1. Defenses Rule 12 b 2-5 must be put in the first Rule 12 response (motion or answer- which ever you do first) if you don’t put them in, then they are waived 2. Rule 12 b 6 and 7 can be raised for the first time any time th rough trial (not on appeal) 3. Rule 12 b 1 can be raised at any time (any time even on appeal) v. Answer must include 1. Must respond to the complaint 1. Rule 8 b 2. Failure to deny- is an admission, exception for damages 2. Must raise affirmative defenses Rule 8 c . Raises a new fact, and if ? is right they win 2. Must plead them or risk waiver of them VII. Joinder a. Determined the scope of the litigation. First find the Joinder rule then look for subject matter jx i. Claims of joinder Rule 18 a- you can put in any claims you want b. Claim Joinder by the ? i. Counterclaim- Rule 13 a and b- claim against an opposing party (against someone who sued you. 1. Rule 13 a- compulsory counterclaim- one that arises from the same transaction or occurrence. Must be claimed now or waived. Cannot be brought separately. Only compulsory counterclaim.Always meets  §1367 a and doesn’t get knocked about by  §1367 b bc b only applied to claims by ?. This is a counterclaim by a ?. 2. Rule 1 3 b-Permissive counterclaim- doesn’t arise from the same transaction or occurrence, can be brought now but doesn’t have to be. ii. Crossclaim- Rule 13 g- against a co-party 1. Always must arise from the same transaction or occurrence. Not compulsory, can be filed not or later. c. Proper Parties i. Rule 20 a- tool available to the ?. 1. Rule 20 a 1- can join together if claims arise from the same transaction or occurrence and raise at least one common question 2.Rule 20 a 2- which ? can the ? join. Same as above d. Necessary and indispensable parties i. Absentee party is necessary (party A) ii. Rule 19. Is A necessary? Rule 19 a 1- A is necessary if the meet any of the tests under 19 a 1 1. 19 a 1 A- w/o A the court cannot accord complete relief. 2. 19 a 1 B i- if A interest may be harmed if they are harmed. 3. 19 a 1 B ii- if A interest may subject ? to multiple or inconsistent obligations. Joint tortfeasers are not necessary to bring into a suit. iii. Is it feasible t o bring in party A 1. Will bringing in party A mess up diversity 2.Is there no personal jx over party A iv. If they are necessary and the party cannot be joined 1. Proceed w/o party A- run risk of harms 2. Dismiss the entire case- not fair to the ? 1. 19 b tells you what to consider- 4- we don’t dismiss unless the ? has another forum to receive relief in (i. e. maybe a court that has jx over all parties where the case could be refiled. ) i. Keep in mind, when the court decides to dismiss, then we label the absent party as indispensable and Rule 12 b 7 kicks in. e. Impleader- Rule 14- joining someone new- third party practice. The third party ? may be liable to the ? or the ? ’s claim i. e. -indemnity or contribution i. Can only be brought by the ?. This new party is third party ?. Rule 14 a 1 ii. Once the third party ? is brought in, the ? can assert a claim against the third party ? as long as the claim arises from the same transaction or occurrence. Rule 14 a 3 iii. The third party ? can assert a claim against the ? as long as it arises from the same transaction or occurrence. Rule 14 a 2 f. Intervention- Rule 24 the absentee party brings themselves into the case i. Must do so timely ii. Must choose what side to join (on the ? or ? ) iii. 2 types 1.Intervention of right Rule 24 a 2- you have a right to intervene if your interests may be harmed if you are not joined. 2. Permissive Intervention Rule 24 b 1- you can join at the court’s discretion if your claim has a common question with the underlying claim. g. Class Action- always brought by the representative- they sue on behalf of the ? class i. Meet the requirements of Rule 23 a 1. Numerocity- joinder of all parties would be impractical 2. There has to be a question in common with all claims 3. Representative parties claims are typical of the class 4. Representative parties will adequately protect the interest of the class ii.Types of Class Action 1. Rule 23 b 3- have to show common que stions predominate over individual questions. 2. The class action is the best way to settle the suit. iii. Motion to certify 1. Not a class action until the court certifies. If it does certify then it must define the class and appoint class council Rule 23 c iv. Notice of Pendency 1. IN THE RULE 23 b 3 CLASS THE COURT GIVES NOTICE TO ALL PPL IN THE CLASS. You have the right to opt out of the class or risk being bound by the result. This notice is paid for by the representative. 2. All parties of the class are bound unless they opted out of the class.You can only opt out of a B 3 class, not a B 1 or 2 v. Settlement of a certified class action 1. Must be approved by the court- they get feedback from members of the class action vi. Subject Matter Jx 1. Citizenship of the class action is determined by the representative party 2. Amount of controversy is the representative’s claim amount VIII. Discovery a. Required Disclosures- Rule 26 a 1 i. Must identify ppl anyone who has disco verable information that could be used on the merits during trial ii. Must identify documents, electronic info, or things that may be used iii. Rule 26 a 3- Pretrial disclosures . Discovery Tools i. Deposition Rule 30-oral deposition and 31- written deposition 1. You can depose a party or non party. To deposition a nonparty, you need to serve with subpoena bc they don’t have to show up. ii. Interrogatories Rule 33 1. Written answers under oath must respond to them in 30 days 2. Only go to parties iii. Request to produce Rule 34- asking to see stuff 1. Can be sent to parties and non parties. To get the nonparty you need a subpoena iv. Medical examination 1. Need a court order 1. Need to show that the condition is in controversy 2. Must show cause 2.Can only get a medical exam from a party or someone w/in that party’s control. (IE parent-child, but not employer-employee) v. Request for admission Rule 36 1. THESE CAN ONLY BE SENT TO PARTIES 2. Force you to admit or deny a ny discoverable matter (if you don’t deny- you admit) c. Scope of discovery i. You can discover anything that is relevant to a claim or a defense. You can discover anything that could reasonably lead admissible evidence ii. Privileged matter is not discoverable. Confidential communication in certain relationships iii. Work product- Rule 26 b 3- trial prep materials Hickman v Taylor 1.Material prepared in anticipation of litigation. Not discoverable. 2. Work product protection can be overcome if you can show: 1. Substantial need 2. Not otherwise available 3. Mental impressions, conclusions, opinions, and legal theories are never discoverable 4. DOES NOT HAVE TO BE GENERATED BY A LAWYER!!! Can be generated by a party themselves or a representative. IX. Pre Trial Adjudication a. Rule 12 b 6- Motion to dismiss for failure to state a claim i. Only looks at the complaint- determine if everything the ? said is true, would she win? If not, then no need to continue the matter for tria l. ii.Looks at complaint- complaint must show enough facts to support the claim. (IE all elements necessary for a tort, if one left out, grounds for 12 b 6). Courts usually allow pleadings to be amended b. Summary Judgment Rule 56 a- judge looks at facts/evidence i. Moving party must show 1. There is no genuine dispute on a material fact 2. She is entitled to judgment as a matter of law ii. This evidence is provided by parties to the judge. The information is written and given under oath. iii. The court takes the evidence and decides if there is a genuine dispute of material fact- if there is then there must be a trial to settle the dispute.X. Trial a. Right to Jury Trial- 7th amendment-Civil Cases i. Preserves the right to a jury in actions at law, not equity. ii. Depends on whether we would have had the right to a jury in England in 1791 1. Is this claim analogous to an action that was available in England in 1791 2. We focus on the remedy the ? is seeking 1. Remedy at law- damage s to compensate you for the harm suffered. Jury 2. Equity courts- No Jury i. Injunction ii. Specific performance iii. Rescission iv. Reformation 3. Historically, it was all or nothing for a jury, change in 1950. Now, we do it issue by issue.Every factual issue for legal relief- you get a jury, if the claim has both, you get a jury. Usually the jury issues are heard first. b. Motions- you don’t get to a jury until you present enough info to get to the jury i. Motion of Judgment as a matter of law- Directed verdict- Rule 50 a- if it is granted the case is taken from the jury and the judge decided 1. Rule 50 a 1- reasonable ppl could not disagree on the results, therefore the judge is going to rule. Must be done by motion. 2. Rule 50 a 2- cannot move for this until the other side has been heard at trial. ii.Renew motion for Judgment as a matter of law- Judgment notwithstanding the verdict- Rule 50 b- comes up after trial, after a return of the verdict by the jury. 1. If granted, the court is saying that the jury reached a conclusion that reasonable ppl could not have reached. 1. Must be moved for w/in 28 days after the judgment. 2. To make this motion, you have moved for this at the appropriate time at trial. If you didn’t, you waived the right to do this after trial. iii. Motion for New Trial 1. Timing the same as judgment notwithstanding the verdict, 28 days after entering the judgment. 2.Something went wrong in the first trial that affected the outcome and a redo is needed. No limit to the possibilities. 3. This can be granted w/o a motion. XI. Appeals a. The final judgment rule i. In federal court you cannot appeal until the trial court enters a final judgment on the merits of the entire case. 1. To determine if it is a final judgment- after making this order, does the trial court judge have anything left to do on the merits? 1. Interlocutory appeal- an appeal taken before final judgment is entered. b. Interlocutory Review i. Statutory 1.  §12 92 a- orders about injunctions 2. 1292 b-trial court and appellate court agree to review ii. FRCP 1. Rule 23 f- allows you to ask for an appeal following the certification of a class action class. 2. Rule 54 b- cases with multiple claims or parties, court may allow appeal iii. Collateral Order Rule- common law 1. Issue separate from the merits of the case. 2. Comes up in cases when the ? claims immunity from suit XII. Preclusion – always involves two cases a. Claim Preclusion/Res Judicata- you get one suit to vindicate a claim; you can only sue on a claim once. i. 3 elements for claim preclusion 1. Must show that both cases were brought by the same ? against the same ?. . Case one ended in a valid final judgment on the merits. 1. Rule 41 b- every judgment is a judgment on the merits unless it was based on jx, venue, joinder of parties. 3. Both cases are based on the same claim 1. Claim is the same transaction or occurrence- Majority View 2. Primary rights- you get a different claim for each right invaded- Minority View b. Issue Preclusion/ Collateral Estoppel – you only have to litigate issues in the 2nd trial that weren’t litigated in the first trial i. 5 elements 1. Case ended in a valid judgment on the merits 2. Have to show that same issue was litigated and decided in the first trial 3.Have to show that that issue was essential to the judgment in the first case. 4. Against whom is issue preclusion used. You can only you it against someone who was a party to the first trial. 5. By who is issue preclusion being used- Mutuality- issue preclusion can only be used if you were a party to the first trial. Most states have gone to allowing non-mutual issue preclusion- means it is being used by someone who is not a party to the first trial as long as there was the opportunity to fully litigate in the first trial. 1. Non-mutual defensive issue preclusion- being used by someone who was not a party to the first trial and she is the ? sing issue pr eclusion. 2. Non-mutual offensive issue preclusion- being used by someone who was not a party to the first trial and she is the ? using issue preclusion. Most courts say no to non-mutual offensive issue preclusion. In the federal courts it can be allowed if it is fair. Parklane Hosiery i. Did the party that issue preclusion is being used against have the chance to fully litigate the issue. ii. Foreseeable litigation iii. You could not have easily joined in the first trial. iv. No inconsistent judgments v. No new procedural options.

A-Bomb essays

A-Bomb essays World War II was a long and painful experience for all the countries involved. The European side of the war had come to a close, and now the US and their allies were forced to make a decision that would change the course of history forever. The world had known for years that nuclear fission had monstrous potential. That the dropping of one bomb could potentially wipe out a city or perhaps do absolutely nothing at all. The United States had numerous reasons to drop the bomb whether it was politically, militarily, or economically. The United States had a decision to make with only two options both would cause the deaths of hundreds of thousands of men and women. The only question was in what area did they have more to loose? In the 1930s the US was in a period of isolation, they wanted to avoid war at all costs. They were in a deep depression and concerned only about the welfare of its own citizens. When Japan began to attack Asia in an effort to unite all Asians, it did not entirely concern the American public. Japan began to move throughout Asia taking over Asian speaking lands. The Americans tried a few tricks to try and discourage these activities, the placed embargos on Japan and they gave some assistance to China, but other than that the Americans did not overly involve themselves in Asias affairs. So when Japan sunk the Panay, Americans settled for nothing more than an apology. Japan took this as a sign of weakness and being a paper tiger. This eventually lead Japan to the conclusion that they could attack Pearl Harbor and get away with it. They underestimated the will of the Americans and the strength of the public to overcome adversity. So when Japan attacked the United States on December 7, 1941, they awoke a sleeping giant and aroused a fury that could not be tamed. When the United States entered World War II, they had an obligation to help the allies fighting in Europe, but their main concern was the Paci...

Holiday Shopping Safety Tips

Holiday Shopping Safety Tips The holiday season is a time when people can become careless and vulnerable to theft and other holiday crimes. People are often in a rush buying gifts, decorating their homes, visiting friends or traveling. There is a big increase in the number of people that are out and about shopping at the malls and grocery stores, packing the parking lots, grabbing taxis, filling up the seats on rapid transit and waiting in lines at ATM machines. Late Nights Many stores extend hours late into the night. People head to the stores after work, then at closing time, you see them emerging with the dazed eyes of sleepwalkers. Amazingly, then the mall parking lots empty out in record time and within minutes become deserted. Without fail, there are always a handful of people wandering the lots alone, looking for where they parked their cars or digging through handfuls of shopping bags searching for their lost car keys. To normal, law-abiding people, all of this kind of holiday hoopla and pressure is just part of the festive mood of the season. And all the gaiety, unfortunately, also tends to cause people to let their innate sense of caution temporarily fall by the wayside. Why Thieves Love the Holiday Season All the hustle and bustle going on over the holidays gives thieves what they want, almost as much as an unlocked bank vault, and that is the opportunity to become invisible. By being as nondescript as possible, they can move through big crowds of rushed and distracted people without anyone noticing them. They can pickpocket and shoplift and when their victims realize that they have been robbed, they will have no idea who did it.   In most communities, the police work additional hours during November and December. They are kept busy the increase in traffic accidents, home fires, bar fights, and family disputes. Also, during the month of December, more people die of natural causes than any other time of the year. Police often have to change their regular routines and leave the nightly patrol through neighborhoods to answer emergency calls. Thieves Feed on Opportunities Thieves know that the police are overloaded during the holiday season and they take full advantage it. They thrive on the fact that the police and stores loss prevention staff have their hands full with amateur thieves who are hauled to jail for trying to steal from the electronics departments or waiting for the parents of pre-teens who pocketed the latest video game. In the meantime, the professional thieves are busy breaking into cars in the parking lots to steal gifts, cell phones, and electronics, or stalking and robbing or scamming the people who are alone. Some thieves prefer burglarizing homes. They spend their time walking neighborhoods, looking for houses that appear that the homeowners are away. Darkened homes nestled between neighbors with front yards bursting with holiday lights will draw their attention. Having the kids off from school is another concern because of the number of unsupervised teens hanging around without anything to do. Homes within neighborhoods are broken in more times by young male teens that live in or near the neighborhood. They often choose a home and then hang out to see when the homeowners leave each day. They might be so brazen and ring the doorbell, then pretend to try to sell something if anyone answers. How to Keep From Becoming a Holiday Crime Victim The following tips can help you be more careful, prepared and aware during the holiday season. Try to shop during the day, but if you do shop at night, do not do it alone.Dress casually and comfortably.Avoid wearing expensive jewelry.Do not carry a purse or wallet, if possible. Consider bringing a security travel pouch instead.Always carry your drivers license or identification along with necessary cash, checks and/or a credit card you expect to use.Recognize when you are rushed, distracted and stressed out, and stay alert to what is going on around you.Avoid carrying large amounts of cash.Pay for purchases with a check or credit card when possible.Keep cash in your front pocket.If you discover that a credit card is missing, notify the credit card company as soon as possible. Dont assume that you misplaced it and will find it later.Keep a record of all of your credit card numbers in a safe place at home.Be extra careful if you do carry a wallet or purse. They are the prime targets of criminals in crowded shopping areas, terminals, bus stops, on buses and other rapid transit.Av oid overloading yourself with packages. It is important to have clear visibility and freedom of motion if you are approached. Beware of strangers approaching you for any reason. At this time of year, con-artists may try various methods of distracting you, including working in teams, with the intention of taking your money or belongings.

Seventh Grade Algebra and Learning through Experience Assignment

Seventh Grade Algebra and Learning through Experience - Assignment Example In addition, it is clear that through teaching with the experience of doing, a student will learn at a higher and more comprehensive rate than just being told the information. Through an examination of the idea of teaching seventh grade students algebra, Piaget’s theories and those of his followers provide some insight into the overall project. Modified Behavior Approach The learning situation that is being discussed is that of the capacity of seventh grade students to be able to solve algebraic equations using different orders of operations. The essential behaviorist approach is that of the constructivist radical approach that would be used during instruction. The development of the skill to solve algebraic equations begins through the basic skills that are taught at younger ages so that by the time they are ready to approach problem solving at the algebraic level they have a background that supports this new step in the process. The modified approach is designed using schema theory through which the learner is given time to apply knowledge that is previous to the instruction to the new mathematical problems. In addition to the schema theory, the use of the information processing theory provides a method of teaching learners through a variety of ways so that the information becomes entrenched into the cognitive processes that the learner is using. Techniques such as the use of acronyms provide a broad number of learning tools to effectively create the necessary knowledge. Using the cognitive approach in order to allow students a variety of ways in which to express what they have learned. Group work provides the structure through which the result of the lessons can be evaluated and expressed by the students. The core of the lessons is approached through the constructivist approach as it allows for students to learn on their own. Martin and Loomis (2007) discuss how the constructivist approach can benefit students. The development of a constructivist appr oach is based upon students using what they know in order to experience the development of answers through the use of tools that facilitate their understanding and growth in a discipline. Teachers are guides rather than didactic reciters of information. Through this basic concept, the development of the teaching method provides students with the opportunity to experience the act of learning. Piaget’s Theory Piaget’s theory defines learning through two individual criteria, that of development and of learning. Development is based upon the mechanisms of action and thinking, while learning is the acquisition of skills. Learning is based on the development of intelligence. Learning can only be accomplished when a child has the pre-requisite skills that are defined by those mechanisms that have come about through development. This provides for a separation of learning and thinking, providing for the opportunity to examine one and the other independently, even as they will a ct in concert. The concept of learning can be seen through the way in which the ‘factor of equilibrium’ is relevant to the overall event of learning. The example presented by Furth and Wachs (1974) provides a method of thinking about what Piaget considered the ‘factor of equilibrium’. If one looks at a plant it needs water, sunlight, and specific elements in order to grow. However, these advantages do not create growth, but the use of them creates the growth by the plant.