Gaglia v. Kirchner:Briefing

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Briefing

Facts- In ‘Gaglia v. Kirchner', Charles A. Gaglia, Jr. is the Plaintiff-Appellant and Robert P. Kirchner and Rosemary Kirchner were the Defendants-Respondents. This case is an appeal case decided by the Superior Court of New Jersey, Appellate Division, A-1165-7T1. The case started being argued November 4,18 and decided on January 14, 1. Plaintiff contracted with defendant to buy their house. Defendants argue that the contract had been void according to its attorney review section before the sale had been carried out. The plaintiff alleges that defendant had committed "both common law fraud and violations of the Consumer Fraud Act" (17 N. J. Super. ). The court of equity granted defendants' order for "summary judgment" letting go of the plaintiff's complaint. In late spring of 17 plaintiff began to look for a house available in the area of Wayne, NJ. He asked realtor Francine Elmo, employee of Caldwell Banker Realtors to help him with his search. Mr. Elmo knew the defendants were offering their home for sale and she thought that it might be what the plaintiff is looking for. Defendants' asking price was $750,000. Plaintiff wanted to purchase the house for $700,000, but the offer was refused. On May 1, 17 plaintiff asked Ms. Elmo to tell defendant that he was about to sign a contract to buy a different house and asked if defendant could accept the $700,000 offer. Plaintiff reached an agreement with the seller of the other house but continued to negotiate in terms of a contract. On June 5th defendant was ready to accept his $700,000 offer. Plaintiff requested that defendant would sign a contract that promised expressly they would honor the offer and see it through closing. The contract was signed on June 7, 17.

Having signed the contract, plaintiff canceled his negotiations to buy the other house. The attorney review section read, "Buyer or Seller may choose to have an attorney study this contract. If an attorney is consulted, the attorney must complete his or her review of the contract within a three () day period. This contract will be legally binding at the end of this three () day period unless an attorney for Buyer or Seller reviews and disapproves of this Contract." Defendant's attorney disapproved the contract in its [then] present form. On Monday June 16, 17 Defendants' attorney sent a letter to Plaintiff's attorney stating, "My clients do not with to pursue this matter anymore with your clients. The contracts shall be considered void, and this letter shall act as authorization to have the broker return any deposits that may have been made." Later the same day defendant decided they could probably get a better offer and opened their house to interested house-buyers over the weekend. That weekend the defendant accepted the best offer they could get. This suit was filed just days later, on June , 17.

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Issues- 1) Whether the defendant committed common law fraud and violated the Consumer Fraud Act?

) Whether plaintiff reasonably made a detriment on anything the defendant said or did after they received the June 10th letter?

Holdings- 1) No ) No

Reasoning- 1) Defendants did not commit common law fraud or violate the Consumer Fraud Act. Defendants were free to show and sell their house to another party after June 10 because their contract with Plaintiff had been terminated either by "a valid exercise or the attorney review provision or by their acceptance of his anticipatory breach."

) There is no evidence that Plaintiff reasonably relied to his detriment on anything the defendant said or did after they received the June 10 letter. After defendant's attorney's receipt of Plaintiff's attorney's disapproval letter, "they did not have a binding contract and would not have one unless and until the prospective buyer and sellers all agreed in writing identical terms." Showing their house to possible buyers after June 10 was therefore "not inconsistent with the assurances the Kirchners [defendants] had given Mr. Gaglia [Plaintiff] and Ms. Elmo to honor their contract." This conflict of interest could have been avoided if the language of both attorneys was precatory. In Kutzin v. Pirnie [14 N.J. 500] "Neither [attorney] conditioned the viability of the contract on the acceptance of his proposals." In that case, the letters "did not terminate the contract either by repudiation or by the effective exercise of its attorney review provision."

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Censorship

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Censorship Essay

Censor means to examine in order to suppress or delete any object that may seem objectionable. I believe censorship is wrong because certain materials may not be objectionable to some people. Censorship is used in radio and television to prevent the corruption of people's minds. Censorship is wrong because individuals should have the freedom to listen or watch what they want, whether or not it offends some, without interference.

The television is one place where censorship is strongly used in many different ways. One of the oldest and most common ways used to censor inappropriate words is to use a "bleep." I disagree with this method because whatever these people are saying is just words. Remember the saying "sticks and stone may break my bones but words will never hurt me?" These words will not harm anyone and if people are offended they don't have to listen. Another popular method of censoring television is to cit out scenes. TV stations will cut out a certain scene or scenes from a movie or television. I disagree with this method because it changes the way that the producer of these shows or movies intended them to be. If TV stations plan on cutting out scenes they should not air the show or movie at all. One last method of censorship commonly used in television is rating labels. Again, this is a method of censorship I disagree with. Although these ratings allow parents to protect their children from bad things, if a show is on TV it should be viewable by all audiences. Also most things being censored will be seen by most people in their lives anyway. Censorship in TV is a bad thing and should be reconsidered.

The music industry is a place where people experience censorship. One form of censorship in music is to play and edited version of a song. While this method filters out some harmful words, I think this is bad because it changes the musicians original song. This censoring takes out parts of the song he intended to be there. I think the radio shouldn't play these edited version, but play unedited version. Another popular method of censorship is to put parent advisory labels on CD's. These labels are bad because they don't allow underage people to buy certain CD's. Why should these underage people not be able to listen to bad words or inappropriate themes if it is part of real life. The government is trying to put a blanket over children's eyes until they get older. They want to brainwash the children so they will stop corruption in the world . One last way music is censored, just like television, is using "bleeps". These bleeps are terrible, annoying, and useless. They ruin songs that you are listening to. Who wants to sit and listen to a song littered with "bleeps", because I sure don't! If people don't want to hear "bad" words they should buy country music, and leave the rest of the world alone.

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Censorship is a terrible thing and it should be outlawed at some point. The government should stop trying to control the way the U.S. citizens live and focus on more important issues like the war in Afghanistan. Citizens should be left alone to live and not be constantly bothered by the annoyances of censorship.

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Analysis of Jilting of Granny Witherall

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Our staff of freelance writers includes over 120 experts proficient in Analysis of Jilting of Granny Witherall, therefore you can rest assured that your assignment will be handled by only top rated specialists. Order your Analysis of Jilting of Granny Witherall paper at affordable prices with cheap essay writing service! Katherine Porter writes a story about a Granny who suffered many an unfortunate circumstances in her life. The title Jilting seem to tell it all. From these circumstances she learned to adjust and continue with life in a positive way. Unlike today's mindset she took the responsibility for everything that happened to her. Each of these events molded and shaped her into the woman she became. At this moment laying in her deathbed she is now having problems accepting what is happening to her. She keeps hallucinating between reality and incidents of the past. The lowest point in her life she refers to as "Hell" was being jilted by her first love George who left her standing at the alter. Granny had repressed this particular memory for over sixty years. Although Granny had repressed the experience she kept all the love letters she had received from George. Granny asked that George be found and told that she went on with her life that she had her husband, children and her house like all other women. Granny was jilted again when her husband John died an early death and left her to raise five children by herself. She would not accept that anything was wrong with her as she tried to convince the doctor. In the end Granny even felt jilted by her daughter Cornelia because she had overheard her talking to the doctor but her sick condition did not allow her to really comprehend what was really happening. Granny's final jilt came as she lays dying with the priest giving his final rites and she does not receives the sign from god she has asked for, no "Bridegroom". She becomes so disappointed and overcome with grief that she vows to never forgive that disappointment. Granny proved that taking responsibility of her life circumstances she was able to live a full and rewarding life. Many people throw in the towel for less but granny persevered and triumphed

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Danielle

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DANIELLE It all started one day close to the end of my junior year in high school. I sat close to the back of the room in my Geometry class so not to be bothered. About three minutes after the late bell had rang someone walked through the door. At first I did not recognize her, but when she turned around I knew whom she was. Her name was Erin Danielle Wiley, and somehow she was different. She still had the same soft red hair, and the same dark green eyes. I found myself starring at her intensely. Once she noticed that I was starring at her she turned with a bewildered look on her face, and asked me what I was doing. I came out of my daze and, said sorry. We started talking a bit and, before I knew it we were together all of the time.

Our relationship started from there. We were never separated the whole summer. Every day we went fishing, swimming, or just hung out. One evening while sitting at my house watching television when Danielle looked at me very seriously, and asked me "could you see us spending the rest of our lives together"? There was a long silence before realizing that she was serious. I tried to answer her honestly, and with a regretful tone said "most high school loves don't last, but I hope I'm wrong". With that said that was all I thought about for the next few days. One night lying in bed I asked her if she remembered what she asked me, she said "yes, why". I simply said, "Yes I could see us spending the rest of our lives together. That was the first night we were ever intimate.

After the summer when school started back I was a senior and Danielle was a junior. We loved each other as much as ever if not more. A particular turn of events made us decide to see what it would be like to be apart. Needless to say it only lasted for about half a day.

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On Sunday Sep. , 01 I had just gotten off of work when my phone rang. It was Danielle seeing if I was going to make it to her house that evening. I sighed, and said that I was pretty tired she said "that's all right I'll come see you". So Danielle came over, and we watched a few movies. Afterwards we sat, and talked for a while. It was almost as a tear came to her eye when she took my ring off of her finger and gave it back to me. She said that it was hurting her finger and that I should take it back for a while, and then calmly said it was time to go. We said we loved each other and kissed goodbye.

The very next day Sep.10, 01 started as a normal day. My little sister woke me up, and got me dressed then I drove her to school. I walked towards Danielle's locker, but could see that she had not med it to school yet. Her best friend, "Leah" was talking seriously to some of her other friends. When I made it over their Leah said four words that are burnt into my memory "Danielle had a wreck". My ears went def to all of the noise around me. We ran to my truck jumped in and never looked back. As soon as we pulled out of the parking lot we could see blue lights flashing all around us. We pulled near the wreck and the front end of her car was gone. It felt like a bad dream that I could not wake up from. As we got out of the vehicle I could see the EMT's hovered around someone. Then I saw her lying on the ground beside the road.

I knelt down beside her and felt the glass crunch, and stab in me, yet I never flinched. When I took her hand she opened her eyes, and tried to sit up. I placed my hand on her shoulder, and told her to be still, and that I loved her. From that moment Danielle never moved again. I sat back, put my blood-covered hands over my face, and started to cry. The ambulance came and picked her up and rushed her to the ER.

One the way to the hospital we turned on the radio and Danielle's favorite song had just started playing, outside by Stained. When I looked at the clock it said 11 a.m. After reaching the hospital I spoke with her mother and she said she "didn't make it". I made them take me inside to say a few final words. I told her that I loved her and always will.

Two days later we had the burial. Afterwards I went to Danielle's house, sat in her room and looked around. Her mother came in to comfort me, and told me something I will never forget. She said that "God must have needed another angle for September 11" I just happened to be holding the death certificate, and it said "borne March , 84"and " died September 10, 01 at 11 am.

Danielle was the love of my life but I guess someone needed her a little more than me.

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Breaker Morant

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Our staff of freelance writers includes over 120 experts proficient in Breaker Morant, therefore you can rest assured that your assignment will be handled by only top rated specialists. Order your Breaker Morant paper at affordable prices with cheap essay writing service! In the movie, Breaker Morant Lord Kitchener is as guilty as war crimes as Morant, Handcock, and Witton. Morant, Handcock and Witton are all found guilty of war crimes, for killing many men without having a fair trail and making sure that they were killing these men for the right reason.

These men were placed on trail because of the war crimes they had committed. Once Germans found out that one of their missionary's were killed, Lord Kitchener was fearful that they would enter the war causing more death, so they put the men on trail for the murder of the missionary.

Harry ‘Breaker' Morant was found guilty for killing a Boer prisoner. The Boer that he had killed by his soldiers was the man he believes to have killed his to be brother-in-law and a close friend, Captain Hunt. Morant made his felling quiet clear to the audience when he made a remark after something Witton had said. Witton asked him if he killed the prisoner out of pure revenge and anger, Morant said maybe I did, who knows. Morant knew what he was doing was the wrong thing but he wanted Captain Hunts death revenged.

Peter Handcock was also apart of these war crimes he was put on trail for killing a German missionary who Breaker believed had been talking to the prisoners and was going to tell the Germans how the Boers were treated. Handcock also killed prisoners in cold blood for no reason, expect for, those were the orders that they had been given.

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Witton was another who was found guilty of killing a prisoner who was about to attack him. The prisoner went for Witton when he had his back turned and when Handcock yelled out he turned around and shot the prisoner in the stomach. Unfortunately, for Witton he killed the prisoner but it was either Witton life or the prisoners.

Lord Kitchener was never found guilty of war crimes but made it obviously that he was a large part of the death of these men. Lord Kitchener killed two men, Morant and Handcock. Although he did not shot them himself, he had them shot just as Morant did to the prisoners he was convicted of killing. These three men did not get a fair trail and yet two of them were killed for their actions. These men did not get a fair trail and yet they still were killed, did Lord Kitchener get away with this unfair act because he was the head of the army? Kitchener should have been put on trail for his actions; although at least these three men got a trail, they did not get a fair trail as some may argue.

In conclusion all these men Kitchener, Morant and Handcock were all apart of war crimes and committing them, so why should two died but one survive? As was said before these men were put on trail for the murder of the missionary the army wanted to make it look like they had paid for what they had done, but the ironic part of the movie is, is that the one murder they were put on trail for they were acquitted of. Which only leaves one explanation of why Handcock was killed and that is, he killed prisoners without giving them a fair trail and if that is the case then Kitchener should be shot for killing prisoners without a fair trail.

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RESEARCH TOOLS

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Research has become a major factor in my life both on the job and at school. The first college experience I had was in 18 at DeVry Institute of Technology. It was imperative in the college life to utilize all the resources available in order to succeed. At this point in time, a person begins to understand and use the research tools available such as the Internet, periodicals, journals, etc. The first papers presented to me were the worst in regards to getting to know how to use the library and Internet. I had never been exposed to this level of research in high school. The struggle was great and the feeling of defeat was really weighing because of the lack of knowledge. Throughout the time spent at DeVry, my researching skills advanced. Learning how to spend quality time on the given topic has developed a personal style for me. The process has familiarize me with the library and all of the many resources available, various Internet sites such as websites dealing with writing styles, online business information, surveys available for various topics. I must admit the key words are discipline and the desire to learn.

Life is divided in multiple sections for me such as church, personal goals and job. Let's began with church. I work as the church secretary, which involves a lot of researching. At the current time grant writing is one of the major goals of the organization. The grant writing process is very detailed and time consuming. For instance, developing a plan for a youth development center, research has to be done on the need of this type of organization in the surrounding community. During the process of gathering information the internet was the most widely used tool. The Internet provided all the statistical data on Columbus residents and also information on programs similar to the one planned by our organization. Also utilized was the United Way organization that has a library of books on grant writing and proposal writing.

The personal goal in view is to own my own group home. I have used personal interviews as a major research tool. The target person to interview is a young troubled female who show signs of problematic lifestyles.

Lastly on the list is on the job. I used various databases, web-based software, and books to perform research at work. The tools utilized at work are CIRF, XNET, PROCLAIJM, CED, ICARE, IVIEW and the Internet. CIRF is a database, which includes a collection of documents to help answer customer questions. CIRF is structured in an outline format where you can search for different answers. Working in the insurance field involves so many different scenarios that you have to incorporate a database so that the customer service representative can keep call volume down while answer questions accurately and effectively. XNET is a web-based application that stores all the electrical health claims sent in by providers or members. XNET allows you to look at the actual claim while discussing payment with the provider that is looking for payment or the policyholder of the plan. PROCLAIM is a legacy system, which houses all the eligibility of the policyholders. It allows you to see a list of members under the plan and also allows you to see plan specific information. CED is another legacy system, which also houses eligibility information similar to PROCLAIM. When information is not found in one, it is usually found in the other. ICARE is a graphical user interface that the CED and PROCLAIM uploads eligibility and claim information into. It provides as a call tracking system for customer services representatives. ICARE allows you to see all the previous calls made by the member and the claims that have been paid or denied. Finally, Cigna has a website that serves both members and providers. This website provides them access to claim and eligibility information. Seldom do we use this type of research tool, however it can be helpful. An online provider directory is often used to see is a provider is participation with our insurance company or not. All research tools used on the job help with finding the answer to questions otherwise not know. It involves intensive researching at times and does contribute to enhancing methods of researching for school.

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Over the last several years, my experience with researching and using the appropriate tools have advanced. I am expecting this class to give more pointers on how to research and when to use what materials. I expect to learn how to familiarize myself with the MLA style of formatting papers, reports, etc. I am also hoping that this class with set the pace and tone for the remainder of my experiences here at Ohio Dominican.

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Plant Hormones

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Plant Hormones are any of various hormones produced by plants that control or regulate germination, growth, metabolism, or other physiological activities. Also called phytohormone.

There are many different types of plant hormones, such as; Auxins, Giberellins, Ethylene, Cytokinetins, Florigen, and Abscisic acid.

The fucnctions and description of Abscisic acid follows.

Stimulates the closure of stomata (water stress brings about an increase in ABA synthesis). It inhibits shoot growth but will not have as much affect on roots or it might even promote growth of roots. Induces seeds to synthesize storage proteins.

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Inhibits the affect of gibberellins on stimulating de novo synthesis of a-amylase. Has some effect on induction and maintanance of dormancy. Induces gene transcription especially for proteinase inhibitors in response to wounding which may explain an apparent role in pathogen defense.

The functions of Auxins are Stimulates cell elongation,

stimulates cell division in the cambium and, in combination with cytokinins in tissue culture, stimulates differentiation of phloem and xylem, stimulates root initiation on stem cuttings and lateral root development in tissue culture, mediates the tropistic response of bending in response to gravity and light.

The auxin supply from the apical bud suppresses growth of lateral buds, delays leaf senescence. Can inhibit or promote (via ethylene stimulation) leaf and fruit abscission. It Can induce fruit setting and growth in some plants. Involved in assimilate movement toward auxin by an effect on phloem transport. It Delays fruit ripening, promotes flowering in Bromeliads, stimulates growth of flower parts, promotes femaleness in dioecious flowers, and stimulates the production of ethylene at high concentrations.

The function of Cytokinetins are stimulates cell division.

Stimulates morphogenesis in tissue culture. Stimulates the growth of lateral buds-release of apical dominance. Stimulates leaf expansion resulting from cell enlargement. May enhance stomatal opening in some species. Promotes the conversion of etioplasts into chloroplasts via stimulation of chlorophyll synthesis.

The function of Giberellins are stimulate stem elongation by stimulating cell division and elongation. Stimulates bolting/flowering in response to long days. Breaks seed dormancy in some plants which require stratification or light to induce germination. Stimulates enzyme production (a-amylase) in germinating cereal grains for mobilization of seed reserves.

Induces maleness in dioecious flowers. Can cause seedless fruit development. Can delay senescence in leaves and citrus fruits.

The function of Ethylene are Stimulates the release of dormancy. Stimulates shoot and root growth and differentiation.

May have a role in adventitious root formation. Stimulates leaf and fruit abscission. Stimulates Bromiliad flower induction.

Induction of femaleness in dioecious flowers. Stimulates flower opening. Stimulates flower and leaf senescence. Stimulates fruit ripening.

There is not much known of Florigen. Some do not believe it really exists. Others say that it induces flowering.

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