Business Litigation Law (International Business Law)

The paper concludes with summarization of the main point s discussed in the whole paper. Business litigation is a complex issue and area which involves many tort claims and contractual claims. Such claims many include the following fraud, breach of contract, the breach of fiduciary duty, unfair competition, infringement of intellectual property rights and tortuous interference with contract (Law Office 2012). In case any of the above disputes arise in a business setting, and the parties involved are unable to reach a conclusion through negotiation or arbitration, then, business litigation is applied in such instances in order to look for justice and also resolve the issue at hand. Business litigation does not only involve a business suing other businesses, even individuals have rights to sue businesses and also businesses also have rights to sue businesses. Corporate litigation and commercial insurance litigation are some of the sources of business litigation (James 2011). Corporate litigation arises when there is a corporate dispute caused by a breach of duty of fiduciary. A perfect example of corporate dispute is an instance where the shareholders in any given closely held corporation may recover against the leader or manager or even a corporate director if he or she breaches or goes against his or her fiduciary obligations. In commercial insurance litigation, such a dispute may arise when a commercial insurance company denies or undervalues a fair claim (James 2012). In such a circumstance, the victimized business has a right to sue the corporate insurance in order to recover the amount of money that he believes that he owns and entitled to. In many cases, such instances arise since many insurance companies put some clauses which they rely mostly on in any contract which will make them not to pay a fair claim to the other party. There are other many countless and countless areas in which business litigation can be used to resolve and settle any dispute among many businesses (Thorses 2005). In the case Ahmad et al, v. Foodmaker, Inc, a $ 58,000, 000 fine was paid in order to settle Jack Box food poisoning case on behalf of the corporation which was parent corporation Of Jack in the Box (Edward 1995). ( Micheal 2012). In the case County of San Diego v. RanchoVista Del Mar, a verdict of $55,000,000 was given which in history has ever been the largest condemnation verdict in history o United States at that period. The accused filed an appeal and finally the injured party was paid $40,000,000. In the case Border Business Park V. City o San Diego, there was a breach o contract by San Diego which resulted to the company paying a fine o $94, 500, 000 as jury verdict. After the judge compiled all the granted fees and interest which was charged in the case, the total amount that San Diego paid to the client was over $136,000,000 (Mash 2012). Another perfect example of business litigation case was People o the state o California V. Grigory Zubkis and Rimma Zubkis, et al where $2, 750,000 and when the interest was added 2, 790,000 settlement was paid or the case which involved the taking o a private residence in order to expand a road. The case was decided by Lead attorney Partner Daral Mazzarella (Thorses 2012). Conclusion In case any business dispute arises between two business entities or between a

Exploration of Nazi Captivity

In fact, cruelty, bloodshed, and blind brutality were some of the policies advanced by the Naziss in the time of World War II under the regime of Adolf Hitler which led to the Jewish Holocaust. one of the most resolute mass murders in the history of humanity.Making a commenting or offering one’s views on a historical event is always a challenge as one sees things as they are now and can never imagine the extremity of any past situation. It is not adequate still if the same history is provided by an eye witness since human nature will always dictate that there is no absolute perfection. Often certain crucial details, however minor, will be ignored either intentionally or not. The undertaken topic for discussion has been previously addressed in a brief account of “Slavery – Nazi vs. American chattel”. Human history is full of books and records that are painted in bloodshed related to violence of the worst kind in the name of race, ethnicity and religion.It is undoubtedly true and practically provable that Adolf Hitler and slave owners did exploit the unfortunates, using the most tragic inhumane methods. Before Hitler’s death, he uttered, “Brutal force has not won anything durable.” Nazi slavery, or American chattel slavery was alternative beats of the same wicked heart, against the races that were at a highly disadvantageous position.Some of these mayhems were administered to the Soviet prisoners of war (Soviet POWs). Actually, the greatest portion of the captives who suffered was the Soviet POWs during the Germany-Soviet War majority of who were of the Jewish race. However, the British and American prisoners and Italians for example Yakov. Stalin’s son bore a good brunt of the violence too (Schneiderman Maller, 1946-1947). Schneiderman Maller further states that there was arbitrary execution of millions of war prisoners between mid-1941 and early 1942. The most intense massive slaughter, for the most part, was executed via hunger, publicity, and précis putting to death while confined in German concentration.

Europe in the Contemporary World

The European society exploration and conquest that occurred between 1540 and 1650 also contribute, immensely, to this study. The fourth and most recent area explored in the study of European society’s contribution to international relations or politics is the iconic age of globalization that Europe experienced since 1980. These four notable historic periods in the study of European societies contribute, in divergent ways, to international relations or politics in the contemporary world.The spread of Islam was a notable occurrence during the early middle age in Europe (Izzatī Ezzati 2002, p.153). The Bedouins used camels and horses as their main mode of transport. The creed that the holders of Islam’s beliefs embraced had contributed to the social unity of the greater Arab tribes on a global scale. The different religious rituals and rules were sources of the union. The Christian-Muslim relations and its contribution to international relations were evident in Europe during the early middle age. The civil wars that occurred among the descendants of al-Rahman saw the weakening of the caliphate (Parsons 2010, p.102), for instance. The northern Spain Christian kingdoms, therefore, reigned and expanded to the south because of the weakening of the caliphate. This changed the relations between the Muslims and the Christians in Spain. The emergence of the Frankish rulers occurred at this time in history. This had a considerable bearing on the present political set up of the contemporary world. The Frankish kingdom consisted of what, presently, constitutes France and a portion of Germany to the southwestern part. The Merovingian was notable for providing women opportunities in political leadership. The provision of leadership to women shaped their role in political leadership, in the contemporary world. The early medieval culture also cropped up during the early middle age in Europe.

“John Proctor and Abigail Williams Affair

Causes and Effects"The play explains most of the factors that fueled Salem to the flashing point and kick-started its decadence.It all starts when John Proctor fans his affair with Abigail Williams. This simple decision has profound effects on the entire town of Salem. While we cannot pinpoint all the reasons that prompted John and Abby to start their affair, we can tell that Elizabeth’s cold demeanor towards John was the main cause. At the very end of the play, she even admits that the entire ordeal might have been her own making. She confesses that only a cold wife can prompt such debauchery. This could hint on the fact that Elizabeth pushed John into Abigail, hence prompting the clandestine relationship to start. Despite her confession, Elizabeth still tells us her confusion by admitting that she did not know how to show love to her spouse.Throughout their marriage, we learn that Elizabeth was very cold towards her husband. This was not because she did not love him. it was just that she did not know how to show affection. Other than this, we learn that Elizabeth had been sick for a while. While her cold nature is no reason for her husband to start an affair, it leaves him vulnerable. When Abigail makes here move to whisk him away, she has an easier job than ever. Abby is manipulative and capitalizes on the opportunity. The state of Johns life makes it easier for Abby to encourage him and keep the relationship going strong.Now that the floor is set, it is time for the little affair to start a chain of reactions that will soon affect Salem village. As starters, Elizabeth chases Abby out of the house. Abigail, in turn, is annoyed and aggravated to the extent of accusing Elizabeth of being a witch. She is mad because Elizabeth kicked her out of Johns bed even though she is trying to fuel her illegitimate relationship with a married man. Her bitterness is shown in the lines she uses to describe Elizabeth immediately after this ordeal.She escalates her efforts to win over John by expressing her affection to him when they meet. She even goes further to massage his ego by calling him a strong gentleman before asking why he lets his cold wife control him. Her love for John and hatred for her nemesis pushes her to level the witch accusation to get rid of her competitor. Consequently, Johns wife is taken into custody. While a portion of the witch hunt is driven by Abby’s forest trip for a charm meant to kill Goody Proctor, Miller ensures that the hunt revolves around the affair and hatred between the two women.While the affair’s main result is the start of the famous witch-hunting saga of Salem, it also strains the already lousy relationship between John and his wife, Elizabeth. The two quarrel a lot even months after the affair died off. He feels Elizabeth is still cold and unwilling to forgive his errors. On the other hand, Elizabeth claims that her man goes to town to meet his mistress, perhaps. She even insinuates that John loved his mistress more. Johns wife says he would not dare hurt her as much as he is currently hurting her. In response, he admits that he is no longer the good man he used to be. He admits that he is a fraud. He has low self-esteem and feels terrible about his sins. This pushes him to the extent of confessing. He admits that he hates himself and that he has done his wife wrong despite his claims that her coldness pushed him beyond the brink. This gives him some peace at the hangman’s noose.In the end, all the death, accusation and hatred squarely rests on Abby’s shoulders. Her distaste for Elizabeth and love for a man she perhaps could never have pushed her into starting an unstoppable chain of events. Abigail used her influence over the town’s girls to condemn and confess false encounters with accused witches. Once the girls had played to her hand, they too felt compelled to accuse their witches and propagate the narrative. According to the play, this is how the affair between Proctor and his mistress led to one of the biggest witch hunts ever seen in the United States’ history.

Combined Personality Theory

The theory focuses on Consciousness and Unconsciousness, Driving forces of personality, Components of personality, Stages of personality development, types of personality, and Internal frame of references of a person.This theory defines The Conscious memory as all those sensations and experiences to which we are aware of at any given time. Some part of our memory is called preconscious memory which is the "available memory," it contains all the experiences that are not conscious at any given time but which can easily be summoned into awareness with a little effort. While Unconsciousness is that part of our psyche of which we are not aware at any given moment. This is the deepest and biggest part of the human mind. Unconscious memories are the ones that are completely inadmissible to awareness, but yet they largely determine the actions of people.The personal unconscious consists of those repressed or forgotten or not vary clear memories. It consists of chunks of emotionally loaded thoughts which are also called complexes. The Collective Unconscious refers to our ancestral experience. these are the memories from untold thousands of years, so it is the fragments of all of the human history which we inherit from our ancestors.One of those driving forces is Libido. Libido is the general biological life energy it is used in solving different problems. Libido is also the creative driving force of human personality which helps in continuous psychological growth of the individual, when we have to perform activities such as sleeping, studying, eating, walking, and talking, all these activities require energy and Libido is the storehouse which provides us with that energy for all our psychological and physical needs. At an organic level, this tendency which is inborn involves the maintenance of the person by fulfilling deficiency needs like air, water, and food but also the enhancement of the organism by providing energy for the development of the body’s organs and functions.

The Rights Of The Accused And Their History

The Rights Of The Accused And Their History In the 18th Century, people were accused of treason because they had committed crimes against the King of England. They only needed two witnesses to the crime in order for the individual to receive a very horrible punishment. In those days, they practiced more of an "eye for an eye" kind of punishment. In other words, those who were accused were given a punishment that fit the crime, but they took the punishment more seriously than the law does today. Today, the law says that everyone is entitled to a trial with a jury of their peers and each person must have a fair trial. This means that whether an individual is committing a crime against the President or against another person they are given a trial. The defense attorney must give a strong defense to help the individual in some way. According to the 6th Amendment to the Constitution, everyone is entitled to a speedy trial and they have a right to counsel. However, there are circumstances that would seem that the person is not entitled to a trial because the crime they committed was so heinous that they do not deserve one. In these cases, the public has a tendency to want to fall back on the older laws where the individual should receive a judgment right away because they are guilty of the crime. In America, the individual is not guilty until they have been proven guilty by the jury. When thinking about the issues that were presented in this assignment, it would seem that the law of the land (that which most people would think was right) and the official law of the Constitution are in conflict. Some people would expect that in order to have justice, the individual who was found guilty by the public, would not stand trial, and would be taken quickly to a conviction. The challenge with this way of thinking is that just because a person was found to be guilty by the public, does not mean that they are the guilty part. If we were to adhere to this type of law, we would find that we were convicting some innocent people. This is the reason why a trial is important to anyone’s life. If they are given a trial and there is enough evidence to convict the individual, it can then be said that the law withheld the judgment. When thinking about whether these laws can stand the test of time, we have to say that they can. They are there to protect not only the person accused, but also to protect the public. Although the crimes today seem to be larger and more outrageous than those in the 18th Century by our standards, they are still in need of an impartial jury. The problem is, that many people who sit on a jury are already biased by the crime that was committed. As an example, it would seem that it would be difficult for the individual who committed the crime in which a 9 year old girl was killed and a Congresswoman was injured severely, not to be convicted by a jury. The jury already has some bias going into the situation and it would be difficult for them to be impartial. In this case, the law says that the individual must receive a trial and the defense must do their best to stop the person from going to jail. It would be up to the prosecution to provide evidence that the individual accused actually did the crime. This is how the American justice system works and it provides an important look at how justice works. The bottom line to this issue is that a crime has been committed and according to the law, an individual receives a speedy trial with counsel available to them. This will be the way that trials are conducted for a very long time.

Pilates Basic History Guidelines and Benefits

Lecturer: Pilates refers to a system of physical fitness that was developed by a German physical – culturist called Joseph Pilate. It has become popular over the years, and by the year 2005, there were many people practicing it, In US alone, it had reached eleven million. Pilate referred to this method as Contrology. This is due to the fact that he believed this type of physical fitness regime made use of the mind to control body muscles. As a body conditioning mechanism, Pilate aids in flexibility, strength building, endurance and limbs and back co-ordination (Friedman and Eisen 30). The history of Pilates dates back to the late 19th century in Germany. In the year 1883, Joseph Pilate came up with a series of body exercises that were designed to strengthen the mind and body. He did this because he believed in the interrelation between mental and physical well being of a person. Pilates was developed out of the context of physical fitness, training routines that were available in Germany at the time of Pilate. It has similarities with the physical fitness regimes of the late 19th, for instance, it uses special equipment and it claim it just like other physical training regimes and also it can cure illness. Initially, Pilates was practiced only by a few people but with time it has evolved and now they are found in public places such as gyms, physiotherapy rooms and community centers. Pilates is still practiced as it was originally developed by Pilate, however there have been some few modern forms such as Stott Pilates that have some modifications in their regime (Friedman and Eisen 60). There are six principles that guide people to successfully practice Pilates. The first principal or guideline to practicing Pilates is concentration. Pilates demands that you need to have intense focus on what you are doing throughout and also you must have full concentration on your body. This is because of the fact that when it comes to Pilates, the way a regime is done is more important than the regime itself. Another important guideline to practicing Pilates is controlling specific muscle. Control is a direct consequence of concentration, thus when you have great concentration then you can control every aspect of your body movement. Pilates teaches one to control their body and not the body to control them. The third principle or guideline for Pilates is centering. Center refers to the starting place and according to Pilates, for one to have full control of their body they must have somewhere from which to start from. Many tutors in Pilates consider the centre of the body i.e. abdomen, hips, inner thighs and buttocks as the starting place and the muscles located in these places as the body’s “powerhouse” therefore all body movements in Pilates should begin from these areas and progress to the outer areas. Flow or efficiency of movement is the fourth guideline in practicing Pilates. The aim of Pilates is to have elegant and sufficient movement to enable effective transitions during flow. Once the flow and efficiency of movement has been achieved, the fitness regimes are expected to flow smoothly within and into one another (Calderone 45). The fifth guideline is Precision. Precision is an essential requirement for one to have a successful Pilate regime as in Pilate. The movement of the body parts must be done correctly because any wrong movement done result in one losing the benefits that they are supposed to attain. It is often considered better to do one correct movement than to do many wrong ones and one gains more by achieving one correct movement than a person who does several incorrect ones. The goal of Pilates is to enable one apply this precision in their everyday life and be effective in their everyday movements. Last but not least, the final guideline to practicing Pilate is breathing. Pilate considered breathing as one of the most essential requirements for his regime. He advised people to increase the oxygen they take in as key to have proper breathing during the regime. In order for one to increase their intake of oxygen, they should have full inhalation and complete exhalation. According to Pilate, forced exhalation was the key to full inhalation and for this reason, he advised people to try as mush as possible to exhale during the regime in order to fully inhale (Calderone 45). Pilates uses a range of apparatus in its practice and application. Originally he used a mat to develop his regimes but as time went by he developed several apparatus to aid people in training. Pilate’s apparatus are mostly spring based as they apply the use of springs to train people in resistance. Pilate’s resistance training regimen involves progressive resistance. this is whereby the resistance is increased with increase in the stretch of the spring. The Reformer is the most common of the traditional Pilates apparatus. Others include the Cadillac, the high chair, the Spine corrector and the Wunda chair (Isocawitz 67). Work Cited Friedman, Phillip Eisen, Gail. Pilate’s method of Physical and Mental conditioning. Romania: Romana Publishers, 1980. Print. Calderone, Gary. Pilate’s Path to Health: body, mind and spirit. London: Harper Publishers, 1998. Print. Isocawitz, Rael. Pilates Anatomy. New York: Heineman Publishers, 2001. Print.

History of PepsiCo Company

The world leader in the salty snacks division having 40 percent of the market share in the world market and 56 percent in the US. The group has another division known as Tropicana Products which is the world leader in juice sales having a 41 percent share of the chilled juice market. In addition, they also have the Quaker food and each division has its own product line and its own international market. Globally with all their products and brands, the company PepsiCo generates more than $500 million in sales each year and 35 percent of its retail sales are from outside the US.Pepsi had commenced international sales in the 1950s but Coca-Cola (coke) continued to be global market leaders. The company underwent massive restructuring after Roger Enrico took over in the mid-1990s. The company started concentrating on unsaturated and emerging markets like India, China, Eastern Europe and Russia where Coke was not very aggressive. In these countries, PepsiCo started relying on bottling joint ventures and Pepsi-owned bottling operations. PepsiCo entered the sports drinks market when it acquired Quaker Oats in 2001. This company had the Gatorade brand which held 83.6 percent of the US retail market in sports drinks. This acquisition made PepsiCo the world leaders in the fast-growing noncarbonated beverage category. Soon the company had an entirely new management team and they became a formidable challenger to the arch-rival Coca-Cola. In April 2008, PepsiCo acquired the V Water, a vitamin water brand in the United Kingdom (MSN, 2008). The company is traded principally on the New York stock exchange and is also listed on the Chicago and Swiss stock exchange. The company has consistently paid cash dividends since the corporation was founded (company website).

The reation and Incidence of Nuclear Weapons

The paper will compare the articles written by John Muller and Robert Gallucci and discuss their viewpoints where Muller believes that nuclear weapons pose no threat to the world and Gallucci has stated that these weapons can be dangerous.In the article by John Muller, the incidence of nuclear weapons proves to be of no use nor danger to the world for a number of reasons. This includes the fact that after the second world war, a lot of research has been placed towards their development and production. At the same time, policies have been enforced and forecasts have been made that their explosions are bound to take place during ten year periods. However, so far, no accident pertaining to them that is neither explosion nor the usage of nuclear weapons has taken place, despite years having passed through. The nuclear weapons have been developed to deter the Soviet Union from inaugurating military aggression, similar to that which had been practiced by Hitler, despite the party having no interest in doing such a thing.On the contrary, in accordance to the article by Gallucci, the obvious concerns of the worldwide policy makers with regards to nuclear weapons is highlighted whereby it is mentioned that the mere creation of these weapons has proved to be one of the most endangering events in the course of history. This is because these weapons not only possess the power to cause destruction to the world but they are also able to cause reactions which would result in massive climatic changes to be experienced globally as well. The possession of such weapons is deemed to be a source of safeguard against oppression against one’s economy. However, it must be considered that errors are bound to exist and these can prove to be very costly when nuclear power is involved (Gallucci 54).Mueller states that the productions of these weapons have caused wastage in the monetary fund’s which are used to develop. This is due to the fact that they are never intended for use and in accordance to the Brookings Institution study of 1998, the United States has spent over $5.5 trillion on these weapons since 1940 (Muller 2).

Chronic Pain Assessment and Management in the Elderly Nursing Home Resident

Regarding the study, it is apparent that management of pain among the aged is a question of fact as to what pain the patient is suffering from. This is clearly depicted by the variation in areas of pain experienced by the patients. This work highlights specific management approach for nurses. Correct medication and control are therefore made possible. Text in this work can be adopted in the assessment and management of chronic pain in the elderly. The work by Monti and Kunkel (1538) elaborates not only the use of palliative care in the management of elderly people but also emphasizes the importance of pain management. The explanation is given in the fact that pain management alone has been found to be inadequate. Knowledge of chronic pain management upon assessment requires supplementation in the use of the improvements studied. “Inadequate assessment strategies result in inadequate pain management. It is important for the clinician to perform a careful history and physical examination, use appropriate pain assessment instruments, and evaluate the patient for psychiatric co-morbidity”. Improvement of pain assessment in the elderly is a major area of research embarked by geriatric specialists which mainly incorporates advancement of knowledge on detection, pain analysis, and the relevant treatment. Pharmacological prescriptions have to target a specific problem since the elderly are prone to drug interaction conditions. There was a great revelation in the work done by Manfredi et al (49) by virtue of finding out that facial expressions as commonly used in the detection of pain in an individual could not be reliable in dementia affected old. Conversely, it is hard to ask questions regarding pain perception by a dementia patient who is old.