Thursday, October 10, 2019
Being a Good Friend
Mean Girls Friends are very important because your life would be miserable without them. You need people to talk to sometimes. Sometimes when youââ¬â¢re lonely you just need a friend. Friends are there for you, they need you and you need them. Friends make your life enjoyable. Going behind someoneââ¬â¢s back is very wrong and happens at Peters Township sometimes. It can ruin friendships if people find out about their friends doing such a thing.You can lose other friends and people may not like you if they found out what you did. When new kids come to school they donââ¬â¢t really fit in. We need to help them fit in and make new friends. New students usually donââ¬â¢t have any friends before they get to a new school. When a new student arrives we should make them feel welcome and have a day to know them. If youââ¬â¢re getting bullied all you have to do is bring a baseball bat to school.Then hit the people bullying you with it. They wonââ¬â¢t bully you anymore. You cou ld tell a teacher instead, but I support the baseball bat idea. To maintain a healthy relationship you have to be honest, respectful, and nice. If youââ¬â¢re not honest they canââ¬â¢t trust you. You have to respect them and they will respect you. If youââ¬â¢re not nice they wonââ¬â¢t want to be friends with you. You need to do a lot of things to have a healthy relationship, but there easy and simple things.
5th and 6th amendment
The Fourth Amendment protects the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, and provides that no warrants shall issue but upon probable cause supported by oath or affirmation, and particularly describing the place to be searched and the persons to be seized. In order to establish probable cause, the officer must establish that there is a fair probability that the area to be searched contains evidence or the person to be arrested has committed a crime; a mere possibility is insufficient.A search without a warrant is presumed unreasonable absent the resence of a recognized exception. U. S. v. Johnson. The Supreme Court has held that this is permissible, but only under certain circumstances. The first issue is whether Detective Davis (DD) committed a search when she went down to the basement. A search occurred if Bishop Short had a subjective expectation of privacy which society would deem to be reasonable (Katz v. U. S. The defense would likely argue that the Bishop (B) had a subjective expectation of privacy in the basement, and that there was an objective expectation of privacy also because only the area where services took place were open to the public. The government would counter by arguing that DD simply walked downstairs during the services, which were open to the public, so anyone nad access to this area. Additionally, there was a children's playroom, which could be used to take loud or crying babies during the services, and that was therefore accessible to the public.If other members of society could gain access and view the basement, then there was not an objective expectation of privacy. Accordingly, DD did not commit a search simply by going into the basement. Whether a search occurred becomes less clear once DD entered B's office. The overnment would argue that the door was open, so DD did not commit a search by merely entering B's office. Whether this was a search was l ess significant, however, than the opening of the desk drawer. Even if DD had legal access to the office, she certainly ââ¬Å"searchedâ⬠when she opened the drawer.According to the plain view exception of the warrant requirement, a police officer can seize anything in plain view once legally in a space, but the officer needs probable cause to believe that what is immediately apparent is contraband or evidence of a crime, and it cannot require further investigation. Arizona v. Hicks. The Supreme Court has even eld that lifting a turntable to view a serial number is an illegal search that extends beyond the limits of the plain view doctrine. Arizona v. Hicks.Certainly, opening the desk drawer is more of an invasion ot privacy than litting a turntable. Further, the detense would argue that B had both a subjective and objective (an expectation that society is prepared to recognize as reasonable) expectation of privacy in the contents of the drawer. Katz. B would argue he had a sub jective expectation of privacy, mostly because the drawer was closed, but also that society would recognize this as a reasonable expectation because the drawer was closed.If the government had not brought this up earlier, it would certainly bring up the argument by now that it had probable cause to believe there was evidence of the crime (possession of cocaine with the intent to distribute) based on the informant's tip. Whether an informant's tip is sufficient for establishing probable cause depends on the Gates totality of the circumstances test, where there should be particularized facts that show given all the circumstances, there is a fair probability that contraband or evidence of a crime will be found.To simply say that the drugs are ââ¬Å"stored somewhere in the churchâ⬠is not necessarily enough to establish probable cause. Even if it was enough to establish probable cause, DD certainly had time to get a warrant before searching the church. Accordingly, by the time DD opened the drawer, a court would likely find that DD committed a ââ¬Å"searchâ⬠, and anything she found therein wou d be suppress certainly ed. The detense woul d take this one step turtner and argue that opening the bible was a search, even if opening the drawer wasn't.DD would have needed to get a warrant to open and search the bible. Accordingly, a court would likely find that DD illegally searched B's drawer when she opened the drawer and opened the bible, and the ocaine would likely be suppressed as evidence to be used against B. A court would likely similarly suppress the cocaine, spreadsheets, and cash found in the room next to the office. The defense would argue that B had both a subjective and reasonable, objective expectation of privacy in this room (Katz) and that DD had no warrant that allowed her to legally enter this area.
Wednesday, October 9, 2019
Allocation of risks between the parties to a contract in Fidic red Assignment
Allocation of risks between the parties to a contract in Fidic red book - Assignment Example FIDIC is regularly publishing standard construction contracts forms, which are just more than traditional construction contractââ¬â¢s forms. One of the salient features of FIDIC contract is that it facilitates the allocation of risk between the contractor and the employer. Red Book of FIDIC states that it has been drafted with sharing of risks between the parties in a construction contract evenly. Risks in a construction contract include unanticipated or poor ground scenarios, performance and operational needs, minimal ownership involvement and design responsibility. Risk can be defined as the probability of peril, loss, injury or damage. In a construction project, risks include loss of the property, injury to the employees, loss of materials, opportunity, finances and personal safety and impact on both corporate repute and personal safety2. In construction contracts, a contractor assumes more risks that may have a direct impact on contractââ¬â¢s completion date or final price. Further, the risks include unanticipated or poor ground situations, minimum performance or operational needs, design accuracy and minimum ownerââ¬â¢s involvement in the contract. ... Analysis How Red Book of FIDIC allocates the risk between the parties in a Construction Contract The FIDIC contract recognises the risks in a construction contract and allocates many such risks to the contractor. The main aim is to enable the employer an enhanced certainty of the final project price. Further, Red book also offers more opportunities and time to the contractor to receive and evaluate information pertaining to the risksââ¬â¢ factors in the project. This will enable the contractor to conceive these risks and to offer his price to the project accordingly. Contractors employing the FIDIC Red Book will find is useful to comprehend how the FIDIC documents allocate and classify the various perils so as to forbid the cost overruns and losses that may be sustained on the problematic provinces of the project. Here, the contractor has to consider the risks associate to the capability of the contractor, physical risks, time-associated risks, economic risks, construction and eng ineering risks and other risks3. In Fidic red book, Contractorââ¬â¢s risks are detailed in clause 17.003. The Contractor will be held accountable for the following risks. Any loss or personal injury to employees or property due to Contractorââ¬â¢s wilful act, negligence or breach of contract or personal injury caused due to faulty design by the contractor. Loss caused due to Employerââ¬â¢s privilege to occupy any land or to have work executed. Risk in a construction Contract can be explained through the following chartââ¬â Chart 14 In Fidic red book, employerââ¬â¢s risks are detailed in clause 17.4 and also under Force Majeure Clause 19. Under the employerââ¬â¢s risks category, the Contractor is entitled to claim both extension of time and also to recover additional costs from the employer. The
Tuesday, October 8, 2019
Human Services Delivery Essay Example | Topics and Well Written Essays - 2000 words
Human Services Delivery - Essay Example But now people worldwide really doubt whether the Red Cross, is really involved with the same mission. This is due to a series of mishandlings that the American Red Cross has been involved in the recent past, with respect to the relief efforts being carried out following the 9/11 attacks and the Hurricane Katrina in 2005. (www.associatedcontent.com ) Investigation of the response of the American Red Cross to the Hurricane Katrina emergency concentrating mainly the New Orleans area When the Hurricane Katrina crossed over to the US in 2005 and started to ravage the various parts of the US, the New Orleans and the Mississippi areas were the worst devastated. Most of the affected people in these areas felt that, the America Red Cross was very slow in their response to the disaster and the relief work was heavily crippled due to the inadequacy of the shelters across the affected areas of New Orleans and Mississippi. As a result of this they were not in a position to provide adequate food as well as other necessary facilities, which were quite essential for the people during their worst times. Indeed it was the coastal areas that were totally neglected by the Red Cross organization and they argued that there were logistical problems associated with it, since adequate shelters were not set up. It was a really appalling situation since the victims felt that they were neglected by the American Red Cross when compared to the huge funds and donations, which they had received from the American government. It was argued by most of the top officials of the American Red Cross that, the organization felt the need for setting up shelters in areas which did not have risk of getting flooded and was safe for the survivors of the Hurricane Katrina. Most of the people felt that the organization did not make its presence felt in the rural as well as the densely populated areas, which were in dire requirement for relief and rehabilitation. The flood hit areas did not have relief shelt ers and so adequate supply of food and relief materials could not be routed to these coastal areas. The officials also argued that the Hurricane affected areas was so vast that, the organization was not in a position to deal with such a situation properly and in a timely manner. These factors complicated and hampered the whole issue of the flood relief to the New Orleans and the Mississippi areas. The Officials also pinpointed the lack of fuel that was very much required for transporting the essential supplies to the affected areas. But when compared to these areas that were worst hit, the other areas that were present in the other states across the US, were served much better by the American Red Cross. The way the American Red Cross used the 6 core tasks of Case Management in managing the clients during the Katrina emergency. Case Management is a management system, which helps in the administration of the care for individuals who are in a serious state of disturbance both physicall y as well as mentally. Indeed it is through the process of the Case Management, that the people in any social organization are able to prolong and improve the quality of
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