BRAND MANAGEMENT Assignment Example | Topics and Well Written Essays - 2000 words

BRAND MANAGEMENT - Assignment Example In other words, the image of a brand depends on what customers perceive and feel about it. Brand image is very strongly related to brand awareness, because customers are unlikely to have any image of a brand that they are unaware of. In this highly competitive commercial environment, it has become imperative for corporate organizations to distinguish the products and services offered by them from that of their peers. As a result, brand awareness, brand image, and brand development strategies have become an integral part of the present day business organization in building their brand equity. Adidas, a German sportswear producer, was instituted in the year 1920 by Adi Dassler. The business started off as a small workshop, but it transformed over the years into a renowned large corporation and turned out to be one of the foremost sportswear brands in the world. The products of the company comprise of sports shoes, sports shirts, bags, and all other sports related goods and equipments. The Adidas Group comprises of three major brands, such as adidas, Reebok and TaylorMade. The figure below illustrates the brands that comprise the Adidas Group: Despite the fact that brand image development is undeniably a grave challenge to brand managers, there has not been much research to assist brand managers in making a choice between different strategies. There are large numbers of researches that have been accentuated on brand personality (Okazaki, 2006; Venable & Rose, 2003). Nevertheless, the most important focus of these researches has been on the consequences and outcomes of brand personality or on dimension factors. There have not been much studies revolving around how brand personalities are build up as well as how they can be augmented. There are a numbers of constituents that are required during the process of branding, and brand personality is one of the crucial elements. By bestowing a brand with a definite personality, brand managers attempt to

Brahms Symphony N0. 2 1st Movement Research Paper

Brahms Symphony N0. 2 1st Movement - Research Paper Example On the other hand, the existing of social classes during the period could have also played a critical role in his desire to be a composer as opposed to a performer. As a composer, Brahms particularly wrote a number of symphonies, piano works and choral compositions among other pieces. However, his greatest pieces were primarily those based on symphonic and sonata styles. Brahms’s second Symphony was one of the most successful pieces of Brahms’ compositions. Compared to the nearly fifteen years it took Brahms to do his fist symphony, the composition of the second symphony was relatively brief since it only took one year to be completed (Frisch 68). The first movement sonata form which is also known as â€Å"allegro non troppo† begins with double bases and cellos. Without any introduction, the first movement opens just with a Basic motive. The Basic motive generally assumes diverse rhythmic shapes and is gradually shifted to the other measures in order to effective ly pervade the movement. In the Allegro non troppo, the double bases art and the cellos begin the initial movement in a sonata form. Although the composition has no separate tempo designation, the opening movement initializes with a slow introductory section those thematic composition keeps on repeating itself frequently. The tranquil mood is overtaken by introduction of the horns as the standard theme. After around every 50bars the lively main theme that is particularly marked to be played gently and sweetly (dolce) is slowly introduced with the first violin sounds followed by marked cantando in the cellos. Johannes preserved almost every aspect of the structural principles based on the classical masterpiece. In this musical composition the two lively external movements frame slows while the second movement is overtaken by a slightly shorter scherzo. A number of musical frame works in the concerto No. 2 1st movement makes this musical flow fabulous. For instance, Brahms bases most of his movements in this concerto on a melody he had formerly tranquil for the Wiegedlied Op.49 often referred to as the â€Å"Brahms’s lullaby†. In the symphony No.2 1st movement, Brahms’s tune introduces an 82 bar and is continually brought back into existence, re-shaped and restructured both harmonically and rhythmically. In addition, Brahms has also effectively developed the section in a more unique instrumental join that gradually progresses into a full bodied forte in between bar 57 and 58. Much like was in his first symphony, Brahms ha a primarily used simple unifying motive in the first movement of his second symphony. For example the two main unifying motives in the first movement include a half note that is followed with a quarter note and an interval above or below the 1st and 3rd notes (MacDonald 98). As the first movement gradually progresses, the two motives increasingly become more altered, embellished and enterwined. However, these modifications are carefully juxtaposed against the original motives in order to provide a sense of continuity and preserve the fluidity of the piece. For example, in some cases, the second motive occasionally undergoes tonal mutation and transforms into a series of flowing octaves. This is particularly evident in measures between 21 and 28. On second Codetta in the first move

Performance Evaluation and Enhancement of Mobile Node: MIH

Performance Evaluation and Enhancement of Mobile Node: MIH PERFORMANCE EVALUATION AND ENHANCEMENT OF MOBILE NODE USING MIH CHAPTER 4 NETWORK SIMULATOR 4.1 Introduction NS2 is associate open-source simulation tool that runs on Linux, its a discreet event machine targeted at networking analysis and provides substantial support for simulation of routing, multicast protocols and informatics protocols, like UDP, TCP, RTP and SRM over wired and wireless (local and satellite) networks. Its several blessings that build it a great tool, like support for multiple protocols and therefore the capability of diagrammatically particularization network traffic. In addition, NS2 supports many algorithms in routing and queuing. Local routing and broadcasts are a part of routing algorithms. Queuing algorithms embody honest queuing, deficit round-robin and FIFO. NS is associate object oriented machine, written in C++, with associate OTcl interpreter as a frontend. The machine supports a category hierarchy in C++ (also referred to as the compiled hierarchy during this document), and an identical category hierarchy inside the OTcl interpreter (also referred to as the taken hierarchy during this document). The 2 hierarchy’s square measure closely associated with every other; from the user’s perspective, theres a matched correspondence between a category within the taken hierarchy and one within the compiled hierarchy, the basis of this hierarchy is that the category Tcl Object. Users produce new machine objects through the interpreter; these objects square measure instantiated inside the interpreter, and square measure closely reflected by a corresponding object within the compiled hierarchy. The taken category hierarchy is mechanically established through strategies outlined within the category TclClass. User instantiated objects square measure reflected through strategies outlined within the category TclObject. NS2 is extensively utilized by the networking analysis community. It provides substantial support for simulation of communications protocol, routing, multicast protocols over wired and wireless (local and satellite) networks, etc. The machine is event-driven and runs in a very non-real-time fashion. It consists of C++ core strategies and uses Tcl and Object Tcl shell as interface permitting the computer file (simulation script) to explain the model to simulate. Users will outline arbitrary network topologies composed of nodes, routers, links and shared media. A chic set of protocol objects will then be hooked up to nodes, sometimes as agents. The machine suite conjointly includes a graphical beholder referred to as network animator (NAM) to help the users get additional insights regarding their simulation by visualizing packet trace information. NS is an occasion driven network machine developed at UC Berkeley that simulates style of informatics networks. It implements network protocols like communications protocol and UPD, traffic supply behavior like FTP, Telnet, Web, cosmic microwave background and VBR, router queue management mechanism like Drop Tail, RED and CBQ, routing algorithms like Dijkstra, and more. NS conjointly implements multicasting and a few of the mac layer protocols for computer network simulations.    4.2 A Short History   NS2 started as a variant of the $64000 network machine in 1989 (see Resources). REAL could be a network machine originally supposed for the real the dynamic behavior of flow and congestion management schemes in packet-switched information networks. NS2 is associate degree object-oriented machine developed as a part of the VINT project at the University of American state in Berkeley. The project is funded by government agency together with XEROX Palo Alto research center (PARC) and Lawrence Berkeley National Laboratory (LBNL). NS2 is accessible on many platforms like Linux, Ubuntu, FreeBSD, SunOS and Solaris. NS2 conjointly builds and runs underneath Windows. Large scenarios benefit from large amounts of memory. Additionally, NS2 requires the following packages to run these scenarios Tcl has released Tcl8.3.2, Tk has released Tk 8.3.2, OTcl has released OTcl 1.0a7 and also TclCL has released TclCL 1.0b11. 4.3 C++ and OTCL Duality In this means, the controls of the C++ objects area unit given to OTcl. It’s conjointly attainable to feature member functions and variables to a C++ connected OTcl object. The objects in C++ that dont have to be controlled during a simulation or internally utilized by another object dont have to be connected to OTcl. Likewise, associate degree object (not within the information path) is entirely enforced in OTcl. Fig 4.1: C++ and OTcl: The Duality In this means, the controls of the C++ objects area unit given to OTcl. It’s conjointly attainable to feature member functions and variables to a C++ connected OTcl object. The objects in C++ that dont have to be controlled during a simulation or internally utilized by another object dont have to be connected to OTcl. Likewise, associate degree object (not within the information path) is entirely enforced in OTcl. Figure 5.1 shows associate degree object hierarchy example in C++ and OTcl. One factor to notice within the figure is that for C++ objects that have associate degree OTcl linkage forming a hierarchy, theres an identical OTcl object hierarchy terribly just like that of C++. NS was inbuilt C++ and provides a simulation interface through OTcl, associate degree object-oriented idiom of Tcl. The user describes a constellation by writing OTcl scripts, so the most ns program simulates that topology with mere parameters. The NS2 makes use of flat earth model within which it assumes that the atmosphere is flat with none elevations or depressions. But the real world will have geographical options like valleys and mountains.NS2 fails to capture this model in it. Many researchers have planned the additions of latest models to NS2.Shadowing Model in NS2 makes an attempt to capture the shadow impact of signals in real world, however will that inaccurately.NS2s shadowing model doesnt think about correlations: a true shadowing impact has sturdy correlations between 2 locations that area unit near one another. Shadow attenuation ought to be sculptured as a 2 dimensional log-normal random method with exponentially decaying spacial correlations. 4.4 Screenshot of Network Animator Fig 4.2: Network Animator Window NS animator window is shown in the above figure 4.2 which can be used to view the connection between the mobile and the network towers, it shows the movement packet drops which take place during simulation. 4.5  NIST’s Media Independent Handover module 4.5.1  Introduction Wireless network types Handover are off two types, Horizontal handovers also called Homogenous Handover and Vertical handovers also called Heterogeneous handovers. If Handover take place in same access technology (WiFi WiFi) or (WIMAXWIMAX) is Horizontal and if Handover takes place within the different access technology (WiFi WiMAX) or (WIMAXWIFI) is Vertical Handover. If Longer the handover duration, then higher the packet drop and poor QoS [7]. IEEE with 802.21 MIH addressed vertical handover, which separates the different access technology in a mobile device from the upper layers in the protocol stack. NIST has provided the 802.21 MIH add-on modules [3] for network simulator (ns2.29). These module support the two of the MIH functions, events and commands. 4.5.2  Supporting Technologies of 802.21 in ns-2 Ns-2.29 supports the access technologies in IEEE 802.21 scenarios are: WiMAX (802.16), Wi-Fi (802.11), UMTS and Ethernet (802.3). 4.5.3  Implementation of Nodes with Multiple Interfaces in ns-2 NS-2 does not support the heterogeneous multiple interfaces of a mobile node (MN), because node structure do not necessarily follow the same as the one defined in the basic model by external packages. Hence to resolve this issue, NIST add-on module created the concept of multiFace node also called super node, which is a mobile node which can links to other mobile nodes, these interfaces for the multiFace node, and the multiFace node can be viewed as as â€Å"supernode†. This concept is illustrated in Fig. 4.1. Fig. 4.1: High Level View of MultiFace Node Fig. 4.2: Power boundaries defined in NS2 The interface nodes activate the events and forwards them to the super node. The MIH Users on the super node are often ready to register and to receive these events. 4.5.4  Power Boundaries are often outlined in Wifi and WiMAX Cells In order to spot power boundaries which may be utilized in the simulation, 3 variables are outlined in ns-2.29, that is shown in Fig. 5.2. Theses variable are often outlined as: †¢CSTresh: accustomed outline the minimum power level to sense wireless packets and conjointly switch the mac layer, if mac layer is idle then it are often switched to busy, †¢RX Tresh: are often accustomed outline the minimum power level to receive wireless packets with error free; †¢pr_limit: are often perpetually equal or superior to one and is employed within the equation (RX Tresh) * (pr_limit), then this equation are going to be shaping the minimum power level that Associate in Nursing interface senses Link taking place event before triggering. In the above figure Fig 4.2, shows the ability boundaries between WLAN and WiMAX base station with its vary wherever the highest most layer is Cs thresh_, middle layer is rx thresh_ and also the inner layer is rx thresh_ * pr limit_. Dept. of CSE, VKIT 2014-20151 Education and Fertility | Literature Review Education and Fertility | Literature Review The relation between the education and fertility of women is a topic that has received much attention in the last decades. Some scholars have found that there is an inverse relation between the education and fertility, however, it is still unknown if this relation is causal or not. But in general, across countries, when women acquire more education, this decreases the number of children. The spread of education around the world has been linked to decreases in fertility that incremented women rates of enrollment and completion of secondary education. In point of fact, women with secondary education have on average one less child (Leà ³n, 2004). When estimating the relationship between education and fertility there are unobserved characteristics that affect schooling preferences and are correlated with unobserved variables that encourage to have a child or not. To better clarify this criteria, we have to analyze the next example. When a woman has wishes to work, attend college, make a professional career, this will impact negatively the number of children that she wants to have. On the contrary, women with access to the credit market, are more likely to have more years of education and also to children. As we observe, there is no only a negative relation between fertility and education, but it also may be positive (although is not common). In addition, when analyzing the effect of education on fertility we have to take into account the welfare policy consequences. When the total fertility rates decreases and the life expectancy increases, this may cause an ageing of the population. Therefore, the ratio of retirees to working-age adults increases and this create a serious problem on spending of governments on health care and pensions. This is the case of developed countries. By the contrary, in developing countries (specially Latin American countries), when the total fertility rate decreases, the risk of health between women and children decreases leading to a improvement in the welfare conditions. In the recent years, programs such as the World Banks Female Secondary Schooling Assistance Project seek to motivate the education of women around the world. Given these facts, the hypothesis than education affect fertility levels of women is valid. Not only the education of women affect their fertility rate, but also the marriage, which is delayed because women desires to enter to the labor market or to increase their education. The theoretical aspects concerning to the relation of fertility and education is very broad. In order to explain this relation with more accuracy it is important to analyze the studies of Barro and Becker (1988), Livi-Baci (1997) and Willis (1973). They agree in the fact that women with more education diminishes their fertility because of the increment in the cost of opportunity of time. Other models point out the wage of women as the main factor in explaining the cost of opportunity of childbearing. Montgomery and Trussel (1986) analyze the children as normal goods. Here and increment in the education of women produces an increment in the parents income, which lead to an increment in the spending of normal goods (children), dominating the wage effect. It is also important to analyze the models that explain the fertility as stochastic processes (Wolpin (1994), Newman (1988) and Hotz and Miller (1988), however, this studies have no provided any result about the empirical specification for the life cycle fertility. They just agree in the fact that the returns of more years of education are positive and that this produces an inverse relation between education and fertility in women. Reviewing the literature between education and fertility, we have to highlight the contribution of the studies done by Becker. Becker (1960) and Becker and Lewis (1973) analyze the child quality fertility model, which is one of the most used model in explaining the relation between education and fertility. This model analyze the role of income of parents in the quality and quantity of children. That is to say that when the income of parents increases, the quality and quality of children also increases. Becker argues that the income elasticity of the quantity of children is small related to the income elasticity of the quality of children. Given the fact that the spending on children increases, it leads to a prevalence of the higher quality. In this case, the substitution effects subdue to the income effect. Following this criteria, Easterlin and Crimmins (1985) formulates the theory of the demand of children, referring mainly to the desired family size of parents but taking into consideration that the knowledge of birth control instruments is general and does not imply any cost. Moreover, the supply of children refers to the quantity of children that parents would experience, without limiting the family size. As we can observe, all the theories mentioned above deal with the negative relation between fertility and education, just with the exception of the supply theory that connects the health and the fecundity. Therefore the role of education is very important given the fact that help women to have more knowledge about contraceptive methods, and gain different perspectives of life. In addition, according to the economic theory, the relation of education and fertility has consequences for the welfare policies of the countries. An analysis in Developing Countries The fertility rate has decreased in Latin American countries through the years. According to Weilti (1993) the industrialization and modernization have been drivers in this reduction. On the one hand, with the industrialization the technology, communication, infrastructure and transport was improved. On the other hand, modernization has had a greater impact on fertility, improving of health care, education, urbanization. The arguments in explaining the decrement in fertility are mainly two: gender equality and education of women. Gender equality refers to the control of women on their lives (in all aspects) and education promote all of this independence of women. In recent years the inquiry about if educated women are selected for additional features that could be related to lower fertility such as income, earning of husband has brought lot of discussion. All of these additional features including on the analysis appears to be as indicators of a negative relation between fertility and education. Also it is important to mention that the autonomy of women is an important aspect when decreasing their fertility (Dyson and Moore, 1983). This implies that educated women has more independence in taking decisions in their life ((Basu (1992); Morgan and Niraula (1995); Vlassoff (1996)). The literature about the negative relation between fertility and education is very broad. Currently, there is lot of discussion about the reduction on mortality and the increasing aspirations from the women as main factors in explaining this relation. The decrease in fertility according to demographers is explained by reductions in infant and child mortality. The increasing aspirations of women is another important factor in explaining the negative relation between education and fertility. This model, that relates the decreasing in fertility levels with the increasing in aspirations of women, tries to explain mainly the resources in the market that women spend in children and in goods and this decision on how much to spend in each thing depend on preferences of women. According to the DHS survey carried out in the 80s, one of the most powerful tools of fertility is the access to mass media in developing countries, especially when talking about contraceptive methods and family size. The access to mass media it is really important in the family planning of households. But according to some authors as (Ramesh et al. (1996, Westoff and Rodriguez (1995) the education should increase along with the increase of the material aspirations. As reductions in fertility (at macro-level) are given by increments in educational, we expect that education has a connection with rising aspirations (United Nations, 1995). In fact, in South Asia, accoring to Basu (1999), the decrease in fertility is linked to increments in dowry. As we can observe, the relation between education and fertility seems to be explained with the theory about material aspirations of women. Following this theory of the material aspirations of women, we come to the conclusion that the increment in material aspirations and more investments in the schooling of daughters can provoke a decline in fertility in the couple. The impact on Latin American Countries According to the International Family Planning Perspectives, 21:52-57 80, 1995), women that have no education have on average bigger families of 6 or 7 children, while women that have education 2 or 3 children. The knowledge about contraceptive methods is more favorable to educated women (Demographic and Health Surveys for 9 Latin American countries). It is important to point out that the negative relation between education and fertility stopped being as an automatic progress after the World Fertility Survey in the 70s when the results gave a broader idea that the fertility reductions are explained by the development, gender stratification of the society. The impacts of education on fertility can be explained for the following aspects. In first place, the education acts as a source of knowledge, given the fact that schooling improves the knowledge of women about different lifestyles and a major access to information about fertility elections. Secondly, education is a tool for the development of a country. The education is a cover letter to entry formally to the labor market. And finally the education acts as a transformer of attitudes, specially aspirations in life. It is known that Latin American is the most unequal society in the world. The gap between the rich and poor people has increased in the last years and this situation seems to not come to an end. In some Latin American Countries the access to a good education is given mainly by the social origins. Not always, but in most of cases, poor people has no access to an education because of the lack of money and opportunities. But this situation has improved in the last decades with the free access to public education and improvements in the literacy rates of Latin American Countries. However, in countries such as Guatemala, 42% of women have no formal education (Indicators of female educational attainment in Latin America, by country, 1985-1989). As we observe in the table below, the 1/5 of the people in Bolivia and El Salvador has no education, which is a extremely bad indicator. In the rest of the Latin American countries the years of schooling show a better performance, reaching 10 years of education roughly. As we mentioned above, the improvements in education has been a major concern in Latin American Governments in the recent decade. As we observe in the table, countries such as Colombia, Peru, Ecuador, Dominican Republic and Mexico has showed substantial progress in the school attendance (1.4, 1.7, 1.4, 2.2. and 3.4 years respectively). The relation between fertility and education in Latin American is considered as the most powerful in the world. This is explained by the differential in reproductive strategies inside this society. If we refer to pretransitional societies, the behavior of women with no education is similar to the one of that societies, having on average 6 or 7 children, while women with better education have on average 2 or 3 children. In table 2, there is a surprising fact in which the fertility patterns (desired family size) are almost the same among poor (educated) women and educated women, but in practice they differ a lot. Referring to the contraceptive knowledge, here we find a big difference. The difference between uneducated and educated women in Colombia and Dominic Republic is 20% and 40% in Bolivia, Ecuador, Peru and Mexico.

Aeneas Fights With Turnus Essays -- Aeneid Virgil Essays

Aeneas Fights With Turnus In the Aeneid, Virgil describes many human qualities, problems and characteristics. Some examples which I wish to illustrate can be found in the end of epic, in the scene of the final duel between Aeneas and Turnus. Virgil also introduces a novel idea in his work. Both sides, the Trojans and the Latins, are portrayed as noble people. Even though Aeneas is fated to win, and he is the hero of the work, the opposing force, Turnus, is not portrayed as evil, but rather like a noble person in a very hard situation. Virgil deals as much with physical and psychological problems Turnus faces, being an honest and noble man, as he does with Aeneas’s problems. By the time the battle begins, Turnus knows that he will lose. His sister, who was given some divine powers by Jupiter earlier, helped him during the battle before the final duel, but then she is called off by Jupiter. Turnus knew even before the battle started that he will lose, because it was fated for Aeneas to receive the land and marry Lavinia. He was urged by King Latinus and Lavinia herself not to fight but as the poet says, â€Å"Words cannot check the violence of Turnus† (Book XII, 62). Who was Turnus’s â€Å"violence†, or anger against? I do not think that it was Aeneas. Turnus was angry at the fate that forced him to give up the woman he loved to some newcomer. He could not accept that. Virgil is showing that anger can drive a person to the most irrational decisions. Turnus went, knowingly, to die because he was angry at fate, which cannot be changed. Aeneas faces a similar problem when he has to leave Dido -- fate is against his desires, but Aeneas, chooses fate’s way, while Turnus chooses his desires. This quality is not only portrayed in the ... ...ght of Pallas’s belt upon his murderer. He decides to avenge him, and punish Turnus for his crimes. Here, justice prevails over mercy, and repentance does not achieve any results. It is difficult to see how in later times Virgil might have been referred to as a Christian before Christ. He clearly here states that Aeneas, who was a very humane hero, kills Turnus to avenge his friend despite the fact that Turnus repented his sins. At the end, justice triumphs over feelings like mercy. Both men, Aeneas and Turnus are shown to be bound by justice. Turnus cannot accept Aeneas’s usurping of his wedding rites, and is prepared to fight and die for it. Aeneas cannot accept the slaughter of his friend, and must avenge him. And even though only one of them is the hero of the epic, both follow a similar path through the work, and both get what they were assigned to by fate.

Gulf Coast Motor

This course includes a challenging Course Project due in Week 6. Because of this, you will need to spend additional time and effort throughout the course to work on your project rather than wait until Week 6. The subject of the project may be based on any Case from any chapter assigned in this course. Examples are Case 10. 3- Montgomery v. English on page 175 and Case 14. 2- Page v. Gulf Coast Motors on page 111. Choose the case you wish to research and then do the following: Read and understand the case. Show your Analysis and Reasoning and make it clear you understand the material.Be sure to use the concepts of the course to show your reasoning. Summarize the situation. Dedicate at least one heading to each following outline topic: ? Parties [Identify the plaintiff and the defendant and tell something about them. ] Facts [Summarize those facts critical to the outcome of the case. ] Procedure [Who brought the appeal? What was the outcome in the lower court(s)? ] Issue [Note the cent ral question or questions on which the case turns. ] Holding [How did the court resolve the issue(s)? Who won? ] Reasoning [Explain the logic that supported the court's decision. Case Questions [Be sure to address and thoroughly answer each and every case question and each part of each question. ] Conclusion [This should summarize the key aspects of the decision and also your recommendations on the court's ruling. ] Include citations on the slides and a reference page with your sources. Use APA style citations and references. Do significant research outside of the book and demonstrate that you have in a very obvious way. This refers to research beyond the legal research. This involves something about the parties or other interesting related area.Show something you have discovered about the case, parties, or other important element from your own research. Be sure this is obvious and adds value beyond the legal reasoning of the case. PAGE v. GULF COAST MOTORS Mary R. PAGE v. GULF COAS T MOTORS. 2030401. — December 30, 2004 David Vaughn, Daphne, for appellant. James Rebarchak of Miller, Hamilton, Snider & Odom, L. L. C. , Mobile, for appellee. Parties: [Identify the plaintiff and the defendant and tell something about them. ] Gulf Coast Motors sued Glenn and Mary Page to recover money lent at various times to Glenn. Mary asserted the affirmative defenses of the lack of consideration and the Statute of Frauds. Facts: [Summarize those facts critical to the outcome of the case. ] On August 29, 2003, the case was tried by the court without a jury. ? The trial court heard ore tenus testimony from Mary, Glenn, and representatives of Gulf Coast Motors. ? After the trial, the parties submitted briefs on the application of the Statute of Frauds as to the claims asserted against Mary. On November 7, 2003, the trial court entered a judgment in the amount of $23,020 in favor of Gulf Coast Motors and against both Glenn and Mary.On December 8, 2003, Mary filed a motion t o alter, amend, or vacate the judgment based on the Statute of Frauds. ? That motion was denied on December 9, 2003. ? On January 20, 2004, Mary filed a notice of appeal to this court. ? Glenn did not appeal. Glenn had a long-term friendship with Jerry Sellers, one of the owners of Gulf Coast Motors. ? In or around 1993, Glenn began borrowing money from Gulf Coast Motors on a recurring basis. ? The parties agree that Glenn borrowed money from Gulf Coast Motors and that he â€Å"had a gambling problem,† but there is no evidence as to what Glenn used the loan proceeds for. ? In its brief to this court, Gulf Coast Motors fails to cite to any evidence indicating that Mary derived an economic benefit from the proceeds of any of the loans to Glenn. The loan process was informal. ? Gulf Coast Motors set up a one-page ledger to record Glenn's loans. ? The ledger sheet showed the debits and credits, and it contained the following statement at the bottom, signed by Glenn: ? â€Å"I ag ree to pay Jerry Sellers[2 ] as above with waiver of all exemptions. † ? Mary did not sign the ledger sheet, and her name does not appear thereon.At various times between October 2000 and October 2002, Glenn borrowed money from Gulf Coast Motors. ? According to Gulf Coast Motors's bookkeeper, Glenn â€Å"would come in and borrow money from [Gulf Coast Motors] and set up a payment plan, get cash, then sometimes he'd come in and he would want [Sellers] to cash a check for him and, hold the check. † ? At various times, Glenn made payments, typically in amounts of $300 or $600, to apply toward the balance of his account. ? The parties do not dispute that Glenn was indebted to Gulf Coast Motors.Sellers testified that he became concerned about Glenn's debt in 2002 and that he asked Mary to guaranty Glenn's debt. ? According to Sellers, Mary agreed to make sure that Gulf Coast Motors was paid if they would â€Å"work with us. † ? Sellers testified as follows: â€Å"I c alled [Mary] on the telephone. ? Mary, Glenn is up here wanting me to cash another check and, you know, he's got a big bill already run up here and he tells me when y'all harvest your timber ? you're going to pay off all this account† â€Å"And, ah, [Mary] said, well, I'm gonna pay it. ? I promise you that we'll pay this off. Just work with us until we can sell our timber. ? I promise you you won't lose a dime. ? You'll be paid just as soon as we get the money. † Sellers testified that he modified Glenn's payment terms and made additional advances based on Mary's assurances that she would make payment. ? Sellers testified: â€Å"She said, Well, if you will redo those just put them in a payment where we can pay five of six hundred dollars a month we'll do that until we sell our timber. ? And based on her promise that she would make sure it was paid, I did that for her because Glenn does not have anything in his name. ?â€Å"And the only assurance I could go forward on was Miss Mary. And she promised me faithfully that I would be paid in full everything was owed and all she wanted me to do was work with them until they could sell their timber. † Mary denied that she had promised to pay any of Glenn's debt, and she denied that Sellers had asked her to pay Glenn's debt. ? Mary testified that she never received any money from Sellers or Gulf Coast Motors, and she denied that she had received any economic benefit from moneys lent by Gulf Coast Motors to Glenn. She testified that, if she had been asked, she would have advised Sellers not to lend money to Glenn. ?Because the trial court heard ore tenus evidence, the trial court's findings of fact are given a presumption of correctness, and we will not reverse the trial court's judgment based on those findings of fact â€Å"unless it is clearly erroneous, without supporting evidence, manifestly unjust, or against the great weight of the evidence. † ? Odom v. Hull, 658 So. 2d 442, 444 (Ala. 1 995). ? Where, however, the issue is the application of law to the facts, the presumption of correctness has no application and our review is de novo. Brown v. City of Huntsville, 891 So. 2d 295 (Ala. 2004); ? Ex parte Board of Zoning Adjustment of Mobile, 636 So. 2d 415 (Ala. 1994). Our disposition of this case turns on the proper application of the Statute of Frauds. ? Specifically,  §? 8-9-2, Ala. Code 1975, provides, in pertinent part: â€Å"In the following cases, every agreement is void unless such agreement or some note or memorandum thereof expressing the consideration is in writing and subscribed by the party to be charged therewith or some other person by him thereunto lawfully authorized in writing: â€Å"? â€Å"(3)?Every special promise to answer for the debt, default or miscarriage of another; â€Å"? â€Å"(7)? Every agreement or commitment to lend money, delay or forebear repayment thereof or to modify the provisions of such an agreement or commitment except f or consumer loans with a principal amount financed less than $25,000. † Issue: [Who brought the appeal? What was the outcome in the lower court(s)? ] A promise to pay the debt of another is barred by the Statute of Frauds unless it is in writing. ? It is not disputed that Mary did not sign a note, guaranty, or any other writing promising to pay any part of Glenn's debts. Therefore, if the purported agreement to pay Glenn's debt is within the Statute of Frauds, Mary is not liable even if the trial court found Sellers's testimony to be credible. ? Mary's alleged oral promises are not enforceable under the Statute of Frauds. Gulf Coast Motors makes three arguments in this appeal. ?First, it argues that Mary's obligations were original promises to pay, rather than guaranty or collateral agreements, and thus were not within the Statute of Frauds. ? The Alabama Supreme Court has defined â€Å"original† and â€Å"collateral† agreements as follows: â€Å"? Collateralâ⠂¬â„¢ agreements are those in which the object of the promise is to become the guarantor of another's debt; ? these are within the statute and must be in writing to be enforceable. ?‘Original’ agreements are those in which the effect of the promise is to pay the debt of another, but the object of the promise is to promote some purpose of the promisor. † Fendley v. Dozier Hardware Co. , 449 So. 2d 1236, 1238 (Ala. 1984) (citations omitted). ? See also Lawler v. Cook Oil Co. , 640 So. 2d 950, 951 (Ala. Civ. App. 1994). In this case, Mary's alleged agreement was to guaranty payment of Glenn's debt. ? Much of the credit had already been extended to Glenn when Mary allegedly made her oral promises to guaranty payment. Moreover, there is no suggestion in the record as to any economic purpose that Mary would advance by repayment of Glenn's debt, and there is no evidence indicating that Mary received any economic benefit from the loans to Glenn. ? See Lankford v. Rucker, 396 So. 2d 105 (Ala. Civ. App. 1981). ? We conclude that the issue presented involves an alleged guaranty, or â€Å"collateral,† agreement, not an â€Å"original† agreement. ?Second, Gulf Coast Motors argues that Ala.Code 1975,  §? 8-9-2(7), exempts from its application agreements or commitments to lend money in cases of â€Å"consumer loans with a principal amount financed less than $25,000. †  §? 8-9-2(7). ? This argument fails because  §? 8-9-2(7) applies to â€Å"commitments to lend money, not to repay money that has been borrowed. † ? Carter v. Holland, 825 So. 2d 832, 836 (Ala. Civ. App. 2001). ? See Rozell v. Childers, 888 So. 2d 1244 (Ala. Civ. App. 2004). ? Mary's purported guaranty is not an agreement to lend money, and it is therefore not governed by  §? -9-2(7). ? Moreover, a transaction is covered by the Statute of Frauds if it comes within any of the subsections of  §? 8-9-2. ? Because Mary's purported guaranty was covered by  §? 8-9-2(3), it is irrelevant that it is excluded from the scope of another subsection of the statute. ?Third, Gulf Coast Motors argues, in reliance upon Nelson Realty Co. v. Darling Shop of Birmingham, Inc. , 267 Ala. 301, 101 So. 2d 78 (1957), that Mary committed fraud in the procurement of the loans and that the Statute of Frauds therefore does not bar recovery. This argument is without merit because the Alabama Supreme Court recently held that â€Å"an oral promise that is void by operation of the Statute of Frauds will not support an action against the promisor for promissory fraud. † ? Bruce v. Cole, 854 So. 2d 47, 58 (Ala. 2003). ? To allow a promissory-fraud claim in such circumstances would cause the Statute of Frauds to become meaningless. ? Therefore, under Bruce, the promissory-fraud claim is barred because the underlying promise is barred by the Statute of Frauds. Holding: [How did the court resolve the issue(s)? Who won? ]Based on the foregoing, we conclude that M ary's alleged promises to guaranty or repay Glenn's debts were within the Statute of Frauds and, therefore, were not enforceable. ? Therefore, we reverse the trial court's judgment, and we remand the cause for the trial court to enter a judgment in Mary's favor on all claims. REVERSED AND REMANDED. Reasoning: [Explain the logic that supported the court's decision. ] Case Questions: [Be sure to address and thoroughly answer each and every case question and each part of each question. ] Critical Legal Thinking What is a guaranty contract? Explain.Business Ethics Did Glenn act ethically in this case? Would Mary have acted unethically if she had actually orally guaranteed to repay her husband’s debts and then raised the Statute of Frauds to prevent enforcement of the oral promises? Contemporary Business Are guaranty contracts often used in business? Can you think of a situation in which a guaranty contract would be required? Conclusion: [This should summarize the key aspects of t he decision and also your recommendations on the court's ruling. ] FOOTNOTES 1. ?When the loans were being made, Glenn was not working and had no assets in his own name. Mary has significant assets in her own name. 2. ?The parties do not discuss the discrepancy between the promise to pay Sellers and Gulf Coast Motors's claim to be the obligee. ? We note that Gulf Coast Motors is referred to in the record both as a corporation and as â€Å"Jerry Sellers d/b/a Gulf Coast Motors. † 3. ?Sellers testified that he â€Å"refinanced [Glenn] per [Mary's] request and put all the old other checks in with the other account and redid it at $600 a month. † MURDOCK, Judge. YATES, P. J. , and CRAWLEY and THOMPSON, JJ. , concur. PITTMAN, J. , recuses himself.?

Negative Effects of Slavery Essay

Intro A community can be viewed as a people that share common languages. Attributes and many other cultural similarities. Strong communities usually signify a unity or bond. This bond forms a sense of sense of self and â€Å"brotherhood†. However, this does not appear to exist in the Black community. Slavery has nearly destroyed the existence of any unity. When the Africans were taken from African, different tribes were mixed together on the ships and stripped of their identities. The differences between the African tribes had a positive affect for the enslavers because it caused disunity. Which helped them maintain control both during the voyages and once they arrived to the U.S. realizing the affect of the disunity, slave owners continued to develop tactics that would further disunite African Americans from generation to generation until today. Slavery Period The disunity among Africans helped the slave owners operate their plantations more efficiently and furthered enslaved the Blacks. Their lack of unity increased because of distrust for one another and an increase of loyalty and dependence on their owners The Africans were divided based on physical attributes (ie. Skin tone, physical build). Of all the attributes, skin tone was of the most prominent tactics of division used. The fairer skinned were usually used as house laborers and held a higher status than that of the darker skinned who were used as field hands or given harsher treatment. . Because they were more privileged, a sense of superiority arose among the light skinned or house laborers. This caused the darker skinned Africans to envy the fairer skinned by distancing Negative Effects of Slavery and disconnecting themselves from each other, they caused division on the plantation. Any sign of unity, even seemingly harmless bonds such as bonds between children and their parents, posed a threat to the slave owners causing most families to be separated and sold to different plantations. African women were even taken from their families to become mistresses to their owners. Separation of families left the men unable to uphold their duties as a father and head of the household and left or forced women to raise families on their own or with other men. Segregation Period Before slavery was completely abolished certain slaves were freed, many of which were fair skinned or â€Å"Mullatoes†. When slavery was abolished and the other slaves were freed, the Mullatoes feared that mixing or associating themselves with the other Blacks would diminished their status as the â€Å"Buffer Class† (more accepted by Whites). Even after segregation and Jim Crow, laws were implemented and African Americans were limited to all Black living areas, school, restaurants, etc., Mullatoes were still favoritism in some cases. The resentment and rivalry between Mullatoes and Blacks resulted in separate churches, schools and organizations. Some Mullato organizations, schools and businesses had certain procedures that determine acceptance because they were viewed as â€Å"better† than other Blacks’ were. For example if you were lighter than a paper bag you could get accepted into their organization, if not your were asked to go else where. Another cause of separation was the lack of employment opportunities for Black Negative Effects of Slavery men. They were unable to uphold their position as the man of the house by providing for their family. Women were offered more job opportunities then their men. Resentment grew between both the men and women because the men that were unable to provide for their families felt inferior to the women and the women were left to provide for the household on her own. Lack of jobs for men was such a major issue that some men would seek illegal ways to provide for their families and many were often jailed or killed causing and absence of a father or man in the house. Desegregation until Present Because of the increased availability of more freedoms and opportunities for Blacks since the end of segregation and Jim Crow, African Americans now have the choice to patronize whom ever they please. Many Blacks stopped patronizing other Blacks and sought out White businesses. This has resulted from the influence of the Euro-worldview society is under the belief that White schools and businesses are better than that of Blacks. This is a form of disunity because there is a decrease in Blacks supporting other Blacks. Much like during the time of segregation, Black men have a difficulty being employed. However today welfare or financial government assistance is in place for women who are unemployed with children or without a man in the house; decreasing the need for a male presents. THe decreasing need for the Black male presents is causing not only a separation of family unity, but also the desire to have family unity. Negative Effects of Slavery Conclusion Although we are more than 100 years out of slavery, affects of its corruption still exist within the Black culture. Slavery has nearly destroyed any presents of unity among the African American people by forcing them to compete with each other and by targeting their differences and using them as a means of separation. Aids for minorities such as Affirmative action are nothing more than tactics to force competition, divide Blacks, and maintain a lack of unity whenever there is act to better themselves. Because of fear of an uprising or gain of power after Blacks enslavement slave, owners and other Caucasians developed documented tactics in order to maintain control and disunity of the community. William Lynch gave a speech in 1712 that gives proof to these acts by illustrating their strategy: â€Å"I have outlined a number of differences among the slaves, I take these differences and make them bigger I use fear, distrust and envy for control purposes†¦ you must pitch the old Blacks against the young Blacks†¦you must use the dark skin slaves against the light skin slaves and the light skin slaves against the dark skin slaves†¦But it is necessary that your slaves trust and depend on us†¦The must love, respect and trust only you.† References: Noble (1986). â€Å"Breaking the Chains of Slavery†. Psychological Legacy of Slavery Retrieved May 29, 2007. Hall, Russell, Wilson. (1992). The Color Complex. Retrieved May 29, 2007

Film review-Holes Essays - Holes, Free Essays, Term Papers

Film review-Holes Essays - Holes, Free Essays, Term Papers Film review-Holes In the film Holes, directed by Andrew Davis, an important theme was friendship. This was shown by Stanley yelnats (Shia labeouf) and Zero-Hector Zeroni (khleo Thomas) u.r.joking.right? HAHA well nice joke lol In the film holes, the yelnats family is cursed because Elya yelnats did not keep his promise he had made with Madame Zeroni, so she cursed him and his family for eternity If you forget to come back for Madame Zeroni, you and your family will be cursed for always and eternity! So the curse has been passed on for generations till Stanley Yelnats IV. Stanley Yelnats IV (Shia labeouf) ended up in Camp Green Lake (where it never rained for hundreds of years), where you did holes all day to build character and met the bad boys group, x-ray, magnet, zig-zag and armpit and became friends with them. But later Stanley Yelnats (Shia labeouf) becomes friends with zero (khleo Thomas) and together forms a special friendship. Zero asked Stanley if he can teach him to read I cant read, can you teach me? first Stanley said no so Zero started helping Stanley dig his holes so later Stanley started to teach Zero to read (this also shows the importance of education) Later in the film Zero runs away from Camp Green Lake so Stanley steals the water truck and looks for Zero. Later Stanley finds Zero and together they climb up a cliff, the gods thumb.. By 9VS