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Introduction

Every investor is encouraged to pursue an investment in a certain venture by the performance of that business enterprise as reflected in the prices of its shares in the market. Before an individual or a corporate decides to invest in a certain stock, the investor is always guided by the rate of return the investment will receive annually (Brigham & Houston, 2007). When an investor buys stock of a certain company, he will receive two kinds of cash flows notably dividends during the period of investment as well as expected price after the holding period (Thomsett, 2009). Companies have therefore embarked on strategies meant to induce the investors in buying their stock in the market. To achieve this, they need to stipulate the required rate of return on the stock an individual or a corporate is buying. The investors are always paid residual interests after all the company liabilities are settled (Thomsett, 2009). In order to estimate the required rate of return on the stock bought and held by investors, a variety of models are utilized. These models may include dividend growth model, capital asset pricing model (CAPM), as well as Arbitrage pricing theory (APT). This paper therefore discusses the aforementioned theories as well as identifying the most suitable model for Dell Company in evaluating the required rate of return on investments (Brigham & Houston, 2007).

Dividend growth model

Different companies employ different model in estimating the required rate of return shareholders expect to receive on their investments. These models are varied in applications. To begin with, the dividend growth model is a theory employed by the companies whose annual growth is constant and not expected to change in the future (Siegel, 2007). The model assumes that the dividends payable by an organization to the investors will be constant in growth rate annually (Ogilvie, 2008). According to Ogilvie (2008) segmentation of the organization’s lifespan during which variability apply is inevitable incases where the growth rate changes. This is then followed by the valuation of each period separately (Ogilvie, 20208). These assumptions seem quite unrealistic to achieve given the changes of business environments all over the world. For instance, any economic downturn such as that witnessed in 2008 may likely to affect a business negatively thereby altering its growth rate. It is therefore useful only to the organizations whose growth rates are stable and moderately low (Siegel, 2007). Since investors venture into shares whose dividends grow with expectations that they would sell the shares at higher prices, the model would not be useful to them in any way. However, this model has its strengths as well. Dividend growth model can be very important in the estimation of marginal shareholdings (Olgive, 2008).

Capital asset pricing model (CAPM)

Capital asset pricing model (CAPM) on the other hand is a very important asset pricing theory that gives the business community their perception about the relations between risks and the expected returns as well as the pricing of the market risks (Constantinides et al, 2003). According to the model asking investors to accept supplementary risks would elicit their demand for an increase in the expected returns. They reiterate that the investors will not pursue the investments in cases where expected returns do not exceed or meet the required returns. According to Constantinides et al (2003) the aforementioned model has the limitation of explaining how the risk and the expected returns are related. Moreover, the assumptions made by the model are unrealistic as well. For instance, the assumption on a single period time theory based on the fact that investors are only interested in the wealth their portfolio is generating at the end of the current period is not true (Constantinides et al, 2003). According to Kürschner (2008) investors are always securing their consumption in a lifetime by long-term investments unlike the notion held by the model. Moreover, the model is based on the forward-looking information such as expected returns which can not be valuated with accuracy and would therefore be determined by hysterical data. The exclusion of operation costs and taxes as well as lack of free and readily available information are some of the unrealistic assumptions of the model. Further it is not expected that all investors would be logical about their expected returns in addition to having uniform expectations (Kurschner, 2008). Finally, Kurschner (2008) notes that risk-free assets are non-existent in the business world contrary to the assumption of the CAPM model.

Arbitrage pricing theory (APT)

Unlike CAPM, Arbitrage pricing theory (APT) is an evaluation model that is harder to use even though it has fewer assumptions than the former model (Giovanis, 2010). According to the model, the security prices are determined by a variety of factors including company factors as well as macro factors. Giovanis (2010) reiterates that the theory does not depend on the market performance measurements and therefore links the security prices to the factors that directly affect the prices. However, the model does not specify the factors calling for empirical determination. Another profound difference between this theory and the Capital asset pricing model is that the former has a single beta as well as non-company factor whereas APT has numerous non-company factors each requiring a separate beta. The sensitivity of the security price of a factor is determined by its beta. The model provides no guarantee in determination of the factors in addition to complexities in calculations of beta especially when the factors are numerous. Generally, the use of this model is a bit complicated.

Of the three above discussed models, I would propose adoption of Arbitrage pricing theory (APT) in the evaluation of stock in the Dell Company. To begin with, the model has fewer assumptions compared to the other two models whose assumptions are quite unrealistic. Its flexibility in the assumptions makes the model be considered as an alternative to ACPM. The model provides a deep understanding of the relationship between the origin of risks in the financial realm and nature by providing a sound description of the risks and return (Giovanis, 2010). It also provides an understanding on how investors bearing risks are rewarded by the capital market. Even though the model does not indicate the factors, the macro-factors are plausible. Additionally, there is no need to correctly measure the market performance since the model directly links the security prices to the factors that affect the prices (Mei, 1994). The ATP model is used by the Arbitrageurs to profit by utilizing mispriced securities. In most cases, mispriced securities always costs differently from the model’s predicted price. Finally, the arbitrageur a profit that is theoretically risk-free by going long the portfolio which the calculations were derived while at the same time going short an over-priced security (Mei, 1994).

Conclusion

Investors always pursue an investment activity with a main aim of reaping returns. The companies in which such investments are undertaken are therefore bound to offer dividends on the shares held by an investor. This is highly dependent on the performance of the firm in regard to its share prices. Investors usually buy the shares with an aim of holding them and later selling the shares when their prices heighten in order to make profits. The firm has a mandate to device strategies of estimating the rate of returns ion such investments. Attractive rate of returns always encourage investors to buy shares of a certain company. The management teams of such investment companies have to adopt one of the existing models on the valuation of stock or estimation of rate on returns. These models include dividend growth model, capital asset pricing model (CAPM), as well as Arbitrage pricing theory (APT). The above mentioned models assume different applications and have varied weaknesses and strengths as well. For instance, dividend growth model is applicable to companies that demonstrate constant and moderately low growth rate. Dell Company is a multi-national company with a large capital base and in whose shares the investors have ventured. Just like other for profit organizations, Dell Company has to device strategy meant to induce investors in buying its shares. To achieve this I have proposed that the company consider utilizing the Arbitrage pricing theory in estimating rate of return. The models has commendable strengths including fewer assumptions, elaborate description on the relationship between risks and returns and does not depend on the measures of the performance of the market.

Reference List:

Brigham, E. & Houston, J. (2007). Fundamentals of financial management. 11TH Ed. Florence:

Cengage Learning, 2007

Constantinides et al (2003). Handbook of the economics of finance. Maryland: Elsevier.

Giovanis, E. (2010). Application of Capital Asset Pricing (CAPM) and Arbitrage Pricing Theory

(APT) Models in Athens Exchange Stock Market. Munich: GRIN Verlag.

Kurschner, M. (2008). Limitations of the Capital Asset Pricing Model (CAPM): Criticism and

New Developments. Munich: GRIN Verlag,

Mei, J. (1994). New methods for the arbitrage pricing theory and the present value model.

Hackensack: World Scientific.

Ogilvie, J. (2008). CIMA Official Learning System Management Accounting Financial Strategy.

5th Ed. Maryland: Butterworth-Heinemann.

Siegel, J. (2007). Stocks for the long run: the definitive guide to financial market returns and

long-term investment strategies. 4th Ed. London: McGraw-Hill Professional

Thomsett, M. (2009). Getting Started in Options. 8th Ed. New York: John Wiley and Sons.

Monograph – Nat Turner and John Brown

By Bernadette Kalala

Texas Southern University

November 01, 2020.

Nat Turner was an American slave who later became a preacher. He made history as one of the bloodiest slave revolts in 1831. Turner claimed to have voices from God telling him that he should prepare to slay his enemies with their own weapons. He took the solar eclipse as a signal that the time had come for him and the rest of the slaves to raise up. He organized several slaves to continue the violent spree throughout the country. He intended to reach the county seat of Jerusalem and take the armory but were overpowered by armed white men. Turner escaped and went into hiding. Following the insurrection, Turner went into hiding for six weeks, but he was eventually caught and hanged on November 11, 1831. His death led to the end of the emancipation movement in the region and also saw the enactment of harsher laws against the slaves. Based on this, Turner was significant in the United States slavery since he led a violent rebellion aimed at setting the black people free.

On the other hand, John Brown was a key figure in the abolitionist movement before the Civil War in the United States. Brown was not like many of the abolitionists, as he was not a pacifist. He believed in aggressive action against slaveholders as well as any government officials who played a crucial role in slave ownership. Previous to joining the anti-slavery campaign, Brown was an entrepreneur who ran tannery and cattle trading businesses. He got the inspiration to join the anti-slavery movement following the brutal murder of Presbyterian minister and anti-slavery activist Elijah p. Lovejoy in 1837. It is at this point that he consecrated his life to the destruction of slavery. Therefore, John Brown played a significant role in leading a violent revolt as a white man to abolish slavery. In 1859, he was executed on charges of murder, treason, and insurrection.

Turner and Brown had a lot of similarities as well as differences in their fight against slavery in the United States. One of the similarities is that they both used violence against white people, especially the slave owners. None of them was happy about the way black people were treated by the white people, and this is the reason why they took action. Another similarity between the two is that they were executed for treason and murder. Besides, both were sentenced to death by hanging. Regarding the differences, Nat Turner was different in that he obtained his motivation to join anti-slavery from the call of God. He claimed to see visions and hear voices from God who told him what to do and when to attack. On the other hand, John Brown was an entrepreneur before he became an abolitionist, unlike Turner, who was a preacher. Brown received motivation after witnessing a brutal murder of Elijah Lovejoy, an anti-slavery activist. Based on this, it is evident that both Turner and Brown were similar and different, despite coming from different races. Turner was a slave from the south, and Brown was a white man from the North.

Turner and Brown’s actions were argued as being equally inhuman as the institution of slavery, especially Turner, who had been enslaved at birth. However, Turner and Brown’s actions were justified as they were retaliating to the wrath of the white slave owners who used violence to brutally undermine the people of color. Both used the concept of retributive justice in which a crime had to be punished with an equal magnitude, and since the white slave owners were responsible for most of the violence in the country, they were targeted first. Slave owners killed and maimed slaves without empathy and also did the same to any person who went against them. For example, Elijah Lovejoy was brutally murdered simply because he was an abolitionist. Based on this, it was justified to turn ‘an eye for an eye’ type of revenge to help stop the brutality against the slaves and the black people in general. In the case of Turner, he had been enslaved from birth, and this means that he grew to witness the brutality and other inhuman acts performed by the slave masters. Based on this, he developed a hatred for white people, and when he, as the oppressed had the chance of revenge, he had to do it in the best way possible, killing more whites who had made his life miserable. Based on this, both Turner and Brown’s actions can be termed as justified.

Race played a substantial role in the legacy of Turner vs. Brown in that Turner was a black slave, and Brown was a white abolitionist. For blacks, it was justified to come up with strategies to help them out of oppression, and this is precisely what Turner did, becoming a preacher and receiving directions on what to do from God. However, it was uncommon for the whites to rise against other whites in defense of an inferior race, and this is what makes the case of Brown unique. Brown was empathetic and felt that the brutality imposed on the black people wasn’t justified. Since there were no other means to negotiate the abolition of slavery, he had to turn to violence. The race issue is remembered more favorably than other in that both white and blacks set up their differences and fought for the same course, and it is as a result of this that more people from the North began to oppose the Southern acts on slavery.

Although telling the story of a slave insurrectionist is not the history that most people care to talk about, Nat Turner should be remembered as a courageous person who organized his fellow slaves, enlightening them that what was being done to them was wrong, and the only way that they could overcome was by demonstrating that they are not a weak race. It is by this that he had to fight the white man and defeat him to show the rest of the slaves that it was possible to live without oppression. He was a hero to the African Americans as he initiated a revolution that caused alarm to the white people and government at large, compelling them to amend the laws and make them tighter for the slaves. The memory of Turner and Brown should be kept alive since they played a crucial role in the abolition course. It is by their brave actions that future abolitionists-such as Malcolm X followed. They are the pioneers of militarized abolitionists. Their rightful place in history should be the same as Malcolm X and Martin Luther King Jr. since they all played a crucial role towards a similar course, abolition of slavery and setting free of the black people.

Bibliography

Bisson, Terry, and John Davenport. Nat Turner: Slave Revolt Leader. Infobase Publishing, 2009.

Britt, Brian. “Prophetic Perfectionism: The Afterlives of Nat Turner and John Brown.” Political Theology 21, no. 1-2 (2020): 89-104.

Easter, Chelsea E. “RACE AND THE REVOLUTIONARIES: HOW RACIAL IDENTITY HAS DETERMINED THE LEGACY OF NAT TURNER AND JOHN BROWN.” SU PPORTING CU LTURAL DI FFERENCES (2011): 706.

Reynolds, David S. John Brown, abolitionist: the man who killed slavery, sparked the Civil War, and seeded civil rights. Vintage, 2009.

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Monomyth Greek Mythology

Introduction

A Monomyth or the hero’s journey as explained by Joseph Campell is a pattern that represents various stages of a hero’s life journey. Different myths from various times and regions share fundamental structures and stages. Monomyth has five stages namely: call for adventure; the conflict; the journey; helpers and guides and transformation. The following is a narrative of Greek mythology hero and his relationship to the monomyth patterns.

The Greek monomyth model has a real life relationship between the ancient and modern literature.

The Greek Mothology hero

One of the most prominent Greek heroes was Heracles. He was famous for the twelve labors he performed for Eurytheus, the King of Tiryns.

“The mind knows only what lies near the heart.” (Hamilton and Christopher 77)

Heracles fulfilled the five stages of monomyth in the followimg ways:

Call for adventure: Heracles was sent to murder his own children as the only way to clear him from his crimes. In addition, he was to perform ten tasks for Eurystheus.

The conflict: Heracles was confused because the King wanted him to kill his only three children. In addition, he was given ten tasks to prove himself a hero but the king refused to credit him with two tasks claiming he was helped.

The Journey: Heracles encountered many challenges that made him a brave man. He was told to kill the most dangerous animals and creatures such as the lion, the hydra, and boar. In addition, he was exposed to many dangerous tasks that involved walking through thick forests and capturing deadly animals.

“The power of good is shown not by triumphantly conquering evil, but by continuing to resist evil while facing certain defeat.” (Hamilton and Christopher 81). 

Helpers and guides: Throughout his challenges, Heracles met good Samaritans who assisted him in some tasks. His nephew Iolaus to kill the hydra accompanied him.

The treasure: the king set Heracles free after accomplishing all the ten tasks. In addition, Hera withdrew her murder case.

Transformation: Heracles returned home and spent the rest of his time trying to accomplish other heroic tasks and adventures including killing anything dangerous he finds on his way.

Character from book

Heracles mythical story relates to Star Wars who was given a hard task but emerged a conqueror.

Conclusion

The study of monomyth assists in relating the current events with the traditional heroes who placed great roles in shaping lives of others. Heracles was one of the Greek heroes who showed courage and love for his people by sacrificing his life to perform various tasks.

Work cited

Hamilton, Edith, and Christopher Wormell. Mythology. , 2013. Print.

Motion of Summary Judgment

Summary Judgment allows the court to go into judgment in a case if the matter of facts is not in disagreement. The group stirring the summary judgment is at liberty to judgment as law states. In order to write summary judgment parties rarely, specify to the accurate matters, in result agree to present the case. In addition, a number of facts argued, the court is obligated to decide if declaration of the argued facts is essential to the court case. If as a result, a cross-examination is vital to make up mind on the argument. Nevertheless, if the court decides that there are no authentic matters of substance fact, then the court might go into summary judgment beyond the opposition of a party and keep away from the cost and time of a trial.

The Federal Rules of Civil Procedure sets the summary judgment, but the courts fail to use summary judgment as the federal rules of civil procedure anticipated. According to Judge Schwarzer William, summary judgment practice is overwhelmed by uncertainty and confusion. For many years, notions have developed that court cases are unwilling to go for summary judgment. Courts in the district level are unwilling to give summary judgment, while the courts of appeals are unwilling to support summary judgments. Research findings show that summary judgment movements filed in roughly 18 percent are civil cases. In most instances, common summary judgment motions are by defendants other than plaintiffs. In the recent years, records show a huge decrease of cases terminated by summary judgment. Following conclusions by inferior courts have aimed at correcting the feeling that summary judgment is perceived with disapproval.

Summary Judgment standard Argument

Premises Liability

Case Law 1:

Issue:

In this case, the issue is whether the owner of the premises was liable for the slipping and falling of the customer.

Brief Answer:

No, the premises owner was not liable for the slipping and falling of the customer. The customer slept on the staircases outside the premises. It is not the fault of the premises owner that the customer fell, but the customer’s carelessness while clamping the wet stairs made him slip. The premises owner did not make the stairs wet, it was as result of rain.

Facts:

The stairs were wet due to the rains. The customer stood outside the store waiting for the premises to open. The rains made his feet wet, and floor was wet so anyone walking up the stairs had to be careful not to slip and fall.

Analysis:

In this case, the burden was not met. It appeared that the injuries resulted from customer’s negligence. In addition, the court felt that the injuries were from some independent cause.

In the Rawls v. Hochschild case, the premises owner is not liable for the customer’s slip despite that fact that it occurred in his premise. The premises floor might be slippery and the customer’s shoes were wet due to the rain outside. It is rather obvious that on a slippery floor, one can fall down if he is not careful. It was the customer’s obligation to walk carefully to avoid slipping on the floor. The court’s judgment was fair to rule the case in favor of the premises owner because it was the customer’s faults to slip in the premises.

Case Law 2:

Issue:

In this case, there was negligence since in the maintenance of the magazine racks stationed outside the restaurant. The patron hurt her ankle against the magazines rack near the door of the restaurant. The complainant’s case was irrelevant to the court because after investigations, the court found out that the rack was located in a well-illumined position.

Brief Answer:

The court found the restaurant’s owner innocent. The court determined that the rack was purposely located in a well-illumined, conspicuous position, to attract attention and assist in the sale of the merchandise located thereon. The court recognized the well-established rule of law that a merchant was entitled to use his discretion in the selection of the equipment to display his goods.

Facts:

The magazine rack was placed outside the entrance of the restaurant; a strategic position to display the merchandise on the rack. In fact, if the patron was keen when getting into the restaurant, the magazine could have not hurt her ankle.

Analysis:

The Maryland court proved that the merchandiser had its magazines rack well located at the entrance of the store. The plaintiff was unable to give enough proof of the case.

In Evans v. Hot Shoppes, The patron was just involved in a minor accident, but she did not accept this fact. People have a behavior of blaming others for their careless mistakes. In this case, the patron was careless because she did not look carefully to check where she was stepping hence she hit her ankle against the magazine rack. The court acknowledged the well-recognized law that the premise owner was at liberty to utilize his preference in the assortment of the gear to exhibit his merchandise. The complainant did not give enough evidence to convince the court that the magazine rack outside the restaurant’s door hurt her uncle to tie the case to the the restaurant’s owner.

Case Law 3:

Issue:

In this case, the customer slipped and fell on the liquid near the checkouts. The case issue was about negligence by the storeowner. The floor of the store was wet and the court was to prove if the store had mode of operation.

Brief answer:

The customer counted on an appeal that the motion for summary judgment not granted. This was not because she produced sufficient evidence to raise a jury question as to whether the store had either actual or constructive knowledge of the defective condition that caused her injury.

Facts:

The floor was wet causing the customer to slip and fall. The Maryland law has a mode of operation rule that made the court reject the mode of operation.

Analysis:

The case was tried on the issue of negligence alone. A motion of judgment was granted to the owner of the store since the plaintiff failed to prove the store’s owner had actual or constructive knowledge of the wet floor.

In Maans v. Giant of Maryland, the court’s judgment was fair, but the complainant was not satisfied with the jury. The complainant made a mistake of ignoring the constructive or pre-injury notice wetness on the floor. In this instance, the court had no option but to make judgment in favor of the store. Despite the sufficient evidence availed to court by the complainant against the store, it was not convincing enough to make the judgment in favor of the customer. This should be a good lesson to all the people who carelessly walk around town without reading sign posts, or those who read and ignore the message they are conveyed in the warning signs.

Knowledge

According to law, knowledge is distinct as an awareness of truthful information. This means that the knowledge gained was through firsthand observation or experience. For instance, knowledge is observed in the case of Ms. Janet Smith who fell in a restaurant due to wet floor. Normally, testimonials in affidavits are alleged to have been complete on knowledge, unless it looks positive, or by reasonable conclusion, that they were not meant to be, but were not informed of the knowledge.

Actual Knowledge

This is whereby one has concrete knowledge on the certain occurrence of an incidence. When one has actual knowledge, he or she is obligated to take steps and warn other people about the imminent danger. Evidence based on seeing and reporting is quite different from actual knowledge. A witness can change the occurrence of a scene unlike getting evidence from a recorded source.

Constructive Knowledge

Case Law 1:

Issue:

The injured party slept and fell on the staircases of the property she was visiting. There was an oily substance on the staircases, which made the plaintiff fall. The injured party suffered a knee injury after falling.

Brief answer:

There was an affirmative evidence to establish that there was no actual knowledge of the presence of the oily substance on the staircase. The complainant did not give enough evidence to show case of negligence by the appellees.

Facts:

The complainant slipped and fell, but he did not prove this to the court. Under Maryland law and common law standards, the injured party failed to show a case of negligence by the appellees.

Analysis:

The management company was not aware of any oily substance on the staircases. The party visiting the premises also had no knowledge of any oily substance on the stairs. The court could not make jury in favor of the complainant due to lack of sufficient evidence.

Joseph v. Bozzuto Mgmt; in this case, an injured person visiting a family member in property owned by the Commission and managed by the Management Company, slipped and fell down on the staircases. The stairs had oily substance whereby the management had the responsibility to work out normal concern for his safety in upholding the ordinary areas. The Appellees extended assenting proof to set up that they have no real information of the existence of the oily matter on the staircase. In the process of affirming the trial court’s decision, the appellate court noted that the injured person gave no proof to demonstrate that appellees had real or positive knowledge of hazardous condition.

Case Law 2:

Issue:

In this case, the complainant presses charges on the proprietor. The complainant fell down and injured her back while walking on the aisle of the store. She slipped on a string beam on the floor on one of the store’s aisle.

Brief answer:

The proprietor claims he was not been aware of the string beam on the floor. The proprietor claims that he inspected the aisles of the store every day. Just before the accident, he had inspected the aisle a few minutes before, and determined that the beam was not on the floor of the store. This shows clearly that the beam fell after the inspection of the aisles of the store.

Facts:

The Greenbelt Consumer Services store was a busy store every day as many customers streamed in to shop. The owner ensured that the aisles used by the customers were clean to ensure that all customers were comfortable when shopping. On the day of the accident, the proprietor had just inspected the aisle and ensured that it was clean with no obstacles hindering passage of clients.

Analysis:

In Maryland, summary judgment motions are administered by rule 2-501. When the complainant is moving for the summary of judgment, he clearly needs to demonstrate genuine issues of fact. The complainant is unable to give clear evidence that the proprietor had actual knowledge of the string of beam on the aisle.

Moulden v. Greenbelt: In this case, neither the injured complainant nor the owner of the store was aware of the string bean on the floor. This means that the owner had no constructive knowledge of the unsafe situation in his store. The store owner did not have actual knowledge that a string bean fell on the path used by customers, and that a customer would, at that particular time, visit the store. When the complainant filed suit against the owner of the store, the owner of the store filed a motion for a directed verdict, which the trial court granted. The complainant appealed, but the court affirmed his appeal. The court concluded that the owner of the stall was had no responsibility to carry out an uninterrupted checkup tour of the stall. In addition, there was no proof of actual or constructive take in of a hazardous condition.

Case Law 3:

Issue:

Ms. Janet Smith passes every Monday morning on her way to school to purchase breakfast. The issue in this case is that Ms. Janet Smith as she waives her friend she steps forward and falls. She falls down after stepping on something purple and sticky.

Brief answer:

The manager of the Fast & Go agrees admits that Ms. Janet that fell in the cafeteria. The customers in front of Ms. Janet had poured some sticky substance, which made Ms. Janet fall upon stepping on it.

Fact:

It is a fact that Ms. Janet Smith fell and hurt her ankle. The owner of the cafeteria was kind enough to take her to hospital. The unfortunate part was she was to wear a cast for 1one month and attend physical therapy for four months.

Analysis:

According to this fact pattern, Mr. Jones was not guilty because no customer complained of any substance poured on the floor. Ms. Janet did not give enough evidence to show there was negligence in the restaurant. The cleaner was going all round the restaurant but nobody called her to clean any mess on the floor.

Janet v. Fast & Go, Ms. Janet Smith had no actual or constructive knowledge of any sticky substance on the floor. The Fast & Go management was not also aware of the sticky substance. The management has assigned a cleaner to clean the floor and the tables after customers use. On the day of occurrence Ms. Daniels, the cleaner was walking all round and no one complained of poured food on the floor. The jury was that there was no adequate evidence provided on this case.

Case Law 3:

Issue:

Ms. Janet Smith passes every Monday morning on her way to school to purchase breakfast. The issue in this case is that when waiving her friend Ms. Janet Smith steps forward and falls. She falls down after stepping on something purple and sticky.

Brief answer:

The manager of the Fast & Go admits that Ms. Janet t fell in the cafeteria. The customers in front of Ms. Janet had poured some sticky substance, which made Ms. Janet fall upon stepping on it accidentally.

Fact:

It is a fact that Ms. Janet Smith fell and hurt her ankle. The owner of the cafeteria was kind enough to take her to hospital. The unfortunate part was that she was to wear a cast for a month and attend physical therapy for four months.

Analysis:

According to this fact pattern, Mr. Jones was not guilty because no customer complained of any substance poured on the floor. Ms. Janet did not give enough evidence to show that there was negligence in the restaurant. The cleaner was going all round the restaurant, but nobody called her to clean any mess on the floor.

In Janet v. Fast & Go, Ms. Janet Smith had no actual or constructive knowledge of any sticky substance on the floor. The Fast & Go management was also not aware of the sticky substance. The management had assigned a cleaner to clean the floor and the tables after they were used by the customers. On the day of the accident, Ms. Daniels, the cleaner was walking all-round the premise, but no one complained of poured food on the floor. The jury was determined that there was no adequate evidence provided on this case.

Burden of proof

To give enough proof and to encourage the managerial judge of the strength of the appeal, the appeal is put into use as a minor legalistic matter. However, the law has to lean on the balance of justice from different perspectives. Mostly, the fact depends on prejudiced judgments. In the cases analyzed, the judges granted the accused summary of judgment. The reason is that in all the cases, the complainants and their witnesses fail to give concrete evidence. The jury could not be in their favor making some of the complainants to appeal on their cases.

Conclusion

Summary judgment’s main purpose is to allow trial courts to understand if there are some questions of substance truth to be tried by the jury, or whether a client is at liberty to a ruling as a substance of law. Consequently, a summary judgment proposal can be a proficient medium to keep judicial possessions, costs, and legal fees. Concurrently, if employed inaccurately, this process can bring out an early analysis to an opponent’s case and approach. The employment of, and answers to, summary judgment motions should be take on with attention, concern, and an authority of the detection systems making summary judgment an indication of facts to clients.

list of References

Cecil, J S, and C R. Douglas. Summary Judgment Practice in Three District Courts. United States, 1987. Print.

Thieme, Raymond G. In the Circuit Court for Anne Arundel County: Ellen R. Sauerbray, Et Al., Petitioners Vs. State Administrative Board of Election Laws, Et Al., Respondents : Case No. C-94-17721. S.l.: The Court, 1995. Print.

Case # 1 Assignment

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Professor’s Name

Date

Case # 1 Assignment

Case # 1: Critical Legal Thinking Cases

Based on this case, the defendant, Live Siri Art, Inc., is not subject to a lawsuit in New York. In the US, any state’s courts must have personal jurisdiction over the defendants in order to bring a lawsuit against an entity or a person. Personal jurisdiction is the court’s ability to rule on the party being sued in a case. According to the US Constitution, a party must have at least minimal contact with the forum where the court is located before the court may exercise its authority over that party.

Unlike general jurisdiction, if a court in New York has (i) long-arm jurisdiction over the defendant under CPLR 302, and (ii) the exercise of that jurisdiction is consistent with due process, the court may exercise personal jurisdiction over a non-domiciliary defendant (Quinn, 2012). If either the constitutional or statutory prerequisite is missing, the action cannot proceed. To obtain long-arm jurisdiction, the defendant must have a sufficient connection with the state (Nussbaum, 2014). In the presented case, Live Siri Art, Inc., which is a resident of California, does not have the requisite minimum contacts with New York. Therefore, a court in New York cannot obtain long-arm jurisdiction over the defendant under CPLR 302. Thus, Live Siri Art, Inc. cannot be subject to a lawsuit.

Case # 2: Ethics Cases

The rights guaranteed to the Ojibwe in the 1837 treaty are still valid and enforceable. Based on the presented case, the treaty signed in 1837 was not terminated. A treaty allows for one of the parties to terminate it by giving notice, usually after a set amount of time has passed after the notification was given (Helfer, 2018). Since Minnesota did not notify the Ojibwe Indians about the treaty termination when Minnesota entered the Union in 1858, this means that the treaty is still valid and enforceable. Naturally, treaties may also be dissolved by the parties’ consent or a party’s breach. In this case, there is no parties’ consent or breach; thus, the treaty is still valid and enforceable.

By declaring the Ojibwe’s hunting, fishing, and gathering rights invalid, the state of Minnesota failed to act ethically. This is because ethically the two parties should have mutually agreed to terminate the treaty. Also, the state of Minnesota should not have terminated the treaty without prior notice to Ojibwe Indians. If at all the treaty did not contain any provisions concerning withdrawal, termination, or denunciation, it is constitutionally accepted that the state of Minnesota could withdraw from the treaty unilaterally. However, even under such circumstances, the state of Minnesota should have notified the Ojibwe Indians prior to the termination.

References

Helfer, L. R. (2018). Treaty Exit and Intra-Branch Conflict at the Interface of International and Domestic Law.

Nussbaum, R. D. (2014). The Shortcomings of New York’s Long-Arm Statute: Defamation in the Age of Technology. John’s L. Rev., 88, 175.

Quinn, F. J. (2012). CPLR § 302 (b): Jurisdiction Over a Non-Resident in an Equitable Distribution Action Following a Foreign Divorce Will Be Controlled by the Matrimonial” Long-Arm” Statute . St. John’s Law Review, 60(3), 13.

Acquisition of Motorola

Student’s name

Affiliation

Course

Date

IntroductionThe year 2011, on 15th August witnessed the potential of Google acquiring Motorola Mobility Inc. (MMI) (Kumar, 2012). This agreement for the merger was a total of about $12.5 million offer from Google Company. The merger happens to be vertical in nature since it is the software provider or supplier, acquiring Motorola Company that is the hardware client (Melka & Shabi, 2013).

Circumstances leading to the merger

The merger or acquisition of Motorola by Google took place due to a number of potential circumstances. Firstly, the android operating system of Google had a pending case in court filed by Microsoft and apple due to pertinent infringement. As a result, Google decided to seek access to MMI patents to ensure the independence of the company as a separate entity.

The other reason for the merger is that Motorola happens to be a big player in the market for manufacturing phone hardware. Their android phones made a significant positive impact in the market in terms of success achievement. Therefore, the decision to join hands with Google had a potential impact of increasing its rank in the business industry (Kumar, 2012).The year before the acquisition, Motorola witnessed very high sales in the smart phone sector.

The increase attracted Google to for a number of reasons. The major reason however is that Google Company had a great chance of increasing its smart phone share market (Kumar, 2012).The Motorola Company had made a development and launched numerous breakthrough products over time. It was the first company to bring portable phones to the market. Therefore, Google hoped to benefit from the technological advancement and innovations. This realization was a major push factor to the acquisition of MMI. Finally, the integration of the two companies will have the opportunity for the provision of complete quality mobile phones in the market. Thus, they will be able to compete favorably in the market with other top key players in the industry.

Impact of the deal

The two companies working together had to accelerate the innovation factor and choice in mobile computation. The two companies had a potential in their respective sectors before the merge. Motorola for instance is good at mobile devices, whereas Google is best at soft wares. Therefore, the customers will tend to have maximum benefit in cost as they are likely to enjoy low cost products (Melka & Shabi, 2013). In addition, they will also get high quality products since the combination of both companies’ ideas will bring high quality products in the market. Google alone earns many profits from the advertising business. Concerning this, the acquisition of MMI will be profitable as MMI also earned quite well before the merging took place.

The accruing benefits such as the development of the next generation mobile phone computing were also a potential expectation. This included the delivery of services such as Motorola cables and TV boxes (Kumar, 2012). The main intention was to compete with other phone development companies and bringing advertising services to the reach of most people. The move also aimed at the development of designs to comply with the government institutions regulations and the company needs. The objective would enable Google to compete favorably with competitor firms like Apple and Samsung with the emphasis being on Apple.

Structure of the deal

Differences between the two companies combined and the merger company

Whereas the two companies were initially independent, the merger company has the element of dependency on the two initial companies (Melka & Shabi, 2013). This is because it cannot succeed in the marked alone. All sections of the merger company have to work together for mutual success as a single entity. In addition, initially, the two companies produced different products in their separate companies. Google for instance specialized in advertising and software production while Motorola had a concentration in the production of mobile phones. The merger company however is to produce products with a relation in terms of their use. They have a combined effort to produce powerful products integrated to come up with a perfect idea (Kumar, 2012).

Human resource modification

When a merger takes place, there are reorganizations that take place in potentially all companies to reflect the change (Kaputa, 2012). These reorganizations are to improve the efficiency of the operations of the merged company. The human resources management of the initial companies had undergo new management changes since there is the need to maximize profits. Some have to quit while others have to be posted to other sectors. In the case of Motorola and Google companies however, the merger was not necessary.

The main reasons for is that the two initial companies were dealing in different and unrelated products. Therefore, they had to retain their professionals to guide on various potential decisions of the merger company. The professionals had initially gained experience in their companies that not related with the merging company. The two organizations ought to have kept the expected personnel. This move would serve to assist the new merger company in coming up with ways of succeeding with experience from both companies (Melka & Shabi, 2013).

The changes were also not necessary if one considers the time they effecting time. This is because at the time, the essential need of the company is to come up with strategies of improving the company’s potential and competitiveness. The sudden chance of tasks in relation to time therefore has a negative effect on the performance of the new company Herrick, D. F. (2012). People will not have adequate time to learn about new opportunities and even cultures of the initial employees. Culture within any organization is very essential in determining how the organization will perform.

In conclusion, mergers are necessary in any economy. They contribute to having competitiveness and high quality products from the market. The integration of ideas to come up with reliable products in terms of customer satisfaction it the driving force of mergers. They assist greatly in having a stable economy and various vibrant trades. Coming up with a merging plan is a process which is involving. Since the trustworthiness credit, cannot be given to any person, then it becomes necessary to hire experts to guide in the formulation of rules to govern the two merging companies. These persons involved, lawyers in most cases, act as links between the two persons just in case of disputes.

References

Herrick, D. F. (2012). Media management in the age of giants: Business dynamics of journalism.

Albuquerque: University of New Mexico Press.

Kaputa, C. (2012). Breakthrough branding: How smart entrepreneurs and intrapreneurstransform a small idea into a big brand. Boston, MA: Nicholas Brealey Pub.

Kumar, B. R. (2012). Mega mergers and acquisitions: Case studies from key industries.

Basingstoke: Palgrave Macmillan.

Melka, L., & Shabi, A. (2013). Merger arbitrage: A fundamental approach to event-driven

investing. Chichester, West Sussex: Wiley.

Case # 1Assignment

Student’s Name

Institution Affiliation

Course Name and Code

Professor’s Name

Date

Case # 1Assignment

Case # 1: Critical Legal Thinking Cases

Based on this case, the defendant, Live Siri Art, Inc., is not subject to a lawsuit in New York. In the US, any state’s courts must have personal jurisdiction over the defendants in order to bring a lawsuit against an entity or a person. Personal jurisdiction is the court’s ability to rule on the party being sued in a case. According to the US Constitution, a party must have at least minimal contact with the forum where the court is located before the court may exercise its authority over that party.

Unlike general jurisdiction, if a court in New York has (i) long-arm jurisdiction over the defendant under CPLR 302, and (ii) the exercise of that jurisdiction is consistent with due process, the court may exercise personal jurisdiction over a non-domiciliary defendant (Quinn, 2012). If either the constitutional or statutory prerequisite is missing, the action cannot proceed. To obtain long-arm jurisdiction, the defendant must have a sufficient connection with the state (Nussbaum, 2014). In the presented case, Live Siri Art, Inc., which is a resident of California, does not have the requisite minimum contacts with New York. Therefore, a court in New York cannot obtain long-arm jurisdiction over the defendant under CPLR 302. Thus, Live Siri Art, Inc. cannot be subject to a lawsuit.

Case # 2: Ethics Cases

The rights guaranteed to the Ojibwe in the 1837 treaty are still valid and enforceable. Based on the presented case, the treaty signed in 1837 was not terminated. A treaty allows for one of the parties to terminate it by giving notice, usually after a set amount of time has passed after the notification was given (Helfer, 2018). Since Minnesota did not notify the Ojibwe Indians about the treaty termination when Minnesota entered the Union in 1858, this means that the treaty is still valid and enforceable. Naturally, treaties may also be dissolved by the parties’ consent or a party’s breach. In this case, there is no parties’ consent or breach; thus, the treaty is still valid and enforceable.

By declaring the Ojibwe’s hunting, fishing, and gathering rights invalid, the state of Minnesota failed to act ethically. This is because ethically the two parties should have mutually agreed to terminate the treaty. Also, the state of Minnesota should not have terminated the treaty without prior notice to Ojibwe Indians. If at all the treaty did not contain any provisions concerning withdrawal, termination, or denunciation, it is constitutionally accepted that the state of Minnesota could withdraw from the treaty unilaterally. However, even under such circumstances, the state of Minnesota should have notified the Ojibwe Indians prior to the termination.

References

Helfer, L. R. (2018). Treaty Exit and Intra-Branch Conflict at the Interface of International and Domestic Law.

Nussbaum, R. D. (2014). The Shortcomings of New York’s Long-Arm Statute: Defamation in the Age of Technology. John’s L. Rev., 88, 175.

Quinn, F. J. (2012). CPLR § 302 (b): Jurisdiction Over a Non-Resident in an Equitable Distribution Action Following a Foreign Divorce Will Be Controlled by the Matrimonial” Long-Arm” Statute . St. John’s Law Review, 60(3), 13.

Experiment 4

Acid-Base Extraction of Organic Compounds

Background:

Acid-base extraction is a technique used for purifying acids and/or bases from organic mixtures. This technique takes advantage of differences in the chemical properties of acids, bases, and nonacid/base organic compounds. Acid-base extraction is most commonly performed during the work-up of a chemical reaction. The isolated product is largely free of impurities that are unlike it (neutral, acidic or basic). A major limitation of this technique is that it is not possible to separate chemically similar acids from each other or chemically similar bases from each other.

The fundamental theory behind why this technique works is that salts, which are ionic, tend to be water soluble while neutral organic molecules are generally not. The addition of a strong inorganic acid to an organic mixture consisting of an organic acid and an organic base will result in the acid remaining uncharged, while the base will become protonated. As a result, the base will become positively charged. If the organic acid, such as a carboxylic acid, is sufficiently weak, addition of the stronger acid will suppress the weak acid’s ionization. The weak acid will then be neutrally charged while the base becomes positively charged. The charged base will now be soluble in the aqueous layer, while the neutral acid will remain in the organic layer.

Conversely, the addition of a strong inorganic base to a mixture of an organic acid and organic base will result in the base remaining uncharged, while the acid will be deprotonated, making it negatively charged and more likely to partition into the aqueous phase of a two-phase system. Once again, the self-ionization of a weak base is suppressed by the addition of the stronger inorganic base.

The acid-base extraction procedure can also be used to separate very weak acids from stronger acids and very weak bases from stronger bases as long as the difference of their pKa (or pKb) constants is large enough. For example: Very weak acids with phenolic OH groups like phenol or 2-naphthol (pKa around 10) can be separated from stronger acids like benzoic acid (pKa around 4 – 5) by adjusting the pH of the solution. Usually the pH is adjusted to a value roughly between the pKa (or pKb) constants of the compounds to be separated. Weaker acids like citric acid, phosphoric acid, or diluted sulfuric acid are used for moderately acidic pH values and stronger acids like hydrochloric acid or more concentrated sulfuric acid is used to achieve strongly acidic pH values. Similarly, weaker bases like ammonia or sodium bicarbonate (NaHCO3) are used for moderately basic pH values while stronger bases like potassium carbonate (K2CO3) or sodium hydroxide (NaOH) are used to achieve more strongly alkaline conditions.

Major Limitations:

The procedure only works only for acids and bases with a large difference in solubility between their charged and their uncharged form.

The procedure does not work for:

• Zwitterions with acidic and basic functional groups in the same molecule such as amino acids that tend to be water soluble at most any pH.

• Very hydrophobic acids and/or amines that are not soluble in the aqueous phase in their charged form.

• Very hydrophilic acids and or bases which are miscible or highly soluble in water at most pH such as acetic acid, citric acid, ammonia, methylamine

• Inorganic acids and bases that are insoluble in most organic solvents like sulfuric acid

or phosphoric acid.

General Procedure:

The mixture to be separated is dissolved in the desired solvent such as ethyl acetate or diethyl ether (the solvent MUST be immiscible with water). This solution is then poured into a separatory funnel containing an aqueous solution of the acid or base. The pH of the aqueous phase is then adjusted to ensure the compound of interest is fully ionized. After placing the lid securely on the separatory funnel, it is shaken and the phases are allowed separate. The phase containing the compound of interest is collected. The procedure is then repeated with this phase at the opposite pH range. The order of the steps is not important and the process can be repeated to increase the separation. However, it is often convenient to have the compound dissolved the organic phase after the last step, so that evaporation of the solvent yields the product.

Safety Concerns:

Do not allow any of the chemicals (organic acids and bases or inorganic acids and bases) to come into contact with your skin or eyes.

Safety goggles and gloves must be worn at all times.

Mixing acids and bases generates gas. Be careful when mixing solutions in your separatory funnel, as pressure can build up rapidly.

Vent the separatory funnel often by pointing the spout of the separatory funnel slightly up at the back of the hood and turning the spout 90 degrees. Never point the separatory funnel at anyone.

Procedure Observations

Obtain 30 mL a solution of ethyl acetate (solvent) containing a mixture of dissolved 1.5 g of benzoic acid and 1.5 g of biphenyl, in a 100 mL beaker.

Pour the contents of the beaker into a separatory funnel.

Add ~10 mL of 1 M sodium hydroxide (NaOH) and place the stopper in the funnel.

Take the separatory funnel to the hood, with the stopper firmly secured and the separatory funnel pointing to the back of the hood, gently shake the separatory funnel for approximately 1 min, stopping to vent after about 5 seconds, then vent again every 10 seconds. Note: when venting your separatory funnel ensure the spout is angled up and to the back of the hood. Quickly turn the plastic stopcock 90 degrees, allowing the gas to escape.

Make sure the funnel is closed before returning it to the upright position.

Allow the two layers to separate.

Separate the aqueous layer from the organic layer (which is which?).

Repeat this process by adding another 10 mL of 1M NaOH to the organic layer then separate

Add the 2nd aqueous layer to the first.

Decant the organic layer into a 125 mL Erlenmeyer flask.

Add 1 or 2 spatulas of anhydrous Na2SO4 (note CaCl2 may be used as a substitute) to your flask containing the organic layer and swirl gently, allow the sample to sit for 5 minutes.

Using a funnel and a plug of cotton, filter the Na2SO4 from the solution, collecting the dried organic layer in a clean, pre-weighed 50 mL or 100 mL round bottom flask.

Rinse the Na2SO4 residue with 10 mL of ethyl acetate .Actual Volume:

Appearance:

Top Layer:

Bottom Layer:

Mass of RB flask:

RECOVERY OF ACID AND BASE

Cool the beakers labeled “AQUEOUS ACID” in an ice bath.

Add 5-10 mL of 6 M HCl to the “aqueous acid” tube NOTE: if crystal do not appear you may need to add more of the acid or base. The solution should become cloudy and the products should begin crystallizing.

Allow the beaker to sit on ice for ~ 5 minutes to complete the crystallization.

Isolate the crystals using vacuum filtration using a Buchner or Hirsch funnel. Filter your aqueous layer to collect the precipitated benzoic acid.

Use ~10 mL of cold water to dislodge any remaining crystals in the beaker and pour onto the filter paper.

Collect crystals and transfer crystals to a pre-weighed watch glass.

Dry the crystals in an oven at 90oC. Actual amount:

Appearance:

Mass of Filter paper:

Watch glass Mass:

Evaporate the ethyl acetate from the round bottom flask using a rotovap.

Cool the flask and weigh the flask and contents.

Calculate the percent recovery of biphenyl (assume 1.5 g biphenyl in 30 mL).

Determine the melting point of the biphenyl crystals (remember) Mass of flask and crystals

Mass of crystal (biphenyl):

Mp range:

Weigh the watch glass with the dried crystals.

Calculate the percent recovery of benzoic acid (assume 1.5 g benzoic acid in 30 mL).

Determine the melting point of the benzoic acid crystals

Mass of watch glass and crystals:

Mass of crystals (benzoic acid):

Mp range:

Clean your biphenyl out of the beaker using 1 mL of ethyl acetate. Dispose of the ethyl acetate in the organic waste. Dispose of all filter paper, and crystalline products in the solid waste beaker under the hood. Procedure

Obtain 30 mL a solution of ethyl acetate (solvent) containing a mixture of dissolved 1.5 g of benzoic acid and 1.5 g of biphenyl, in a 100 mL beaker. Pour the contents of the beaker into a separatory funnel. Add ~10 mL of 1 M sodium hydroxide (NaOH) and place the stopper in the funnel. Take the separatory funnel to the hood, with the stopper firmly secured and the separatory funnel pointing to the back of the hood, gently shake the separatory funnel for approximately 1 min, stopping to vent after about 5 seconds, then vent again every 10 seconds. Note: when venting your separatory funnel ensure the spout is angled up and to the back of the hood. Quickly turn the plastic stopcock 90 degrees, allowing the gas to escape. Make sure the funnel is closed before returning it to the upright position. After ~1 min of gentle shaking, allow the two layers to separate. Separate the aqueous layer from the organic layer (which is which?). Repeat this process by adding another 10 mL of 1M NaOH to the organic layer then separate and add the 2nd aqueous layer to the first. Decant the organic layer into a 125 mL Erlenmeyer flask.

Add 1 or 2 spatulas of anhydrous Na2SO4 (note CaCl2 may be used as a substitute) to your flask containing the organic layer and swirl gently, allow the sample to sit for 5 minutes. Using a funnel and a plug of cotton, filter the Na2SO4 from the solution, collecting the dried organic layer in a clean, pre-weighed 50 mL or 100 mL round bottom flask. Rinse the Na2SO4 residue with 10 mL of ethyl acetate .

RECOVERY OF ACID AND BASE

Cool the beakers labeled “AQUEOUS ACID” in an ice bath. Add 5-10 mL of 6 M HCl to the “aqueous acid” tube NOTE: if crystal do not appear you may need to add more of the acid or base. The solution should become cloudy and the products should begin crystallizing. Allow the beaker to sit on ice for ~ 5 minutes to complete the crystallization.

Isolate the crystals using vacuum filtration using a Buchner or Hirsch funnel. Filter your aqueous layer to collect the precipitated benzoic acid. Use ~10 mL of cold water to dislodge any remaining crystals in the beaker and pour onto the filter paper. Collect crystals and transfer crystals to a pre-weighed watch glass. Dry the crystals in an oven at 90oC.

While you are waiting on your crystals to dry, weigh a round bottom flask to the nearest 0.01 g. transfer your organic layer to the flask and evaporate the ethyl acetate from the round bottom flask using a rotovap. Cool the flask and weigh the flask and contents.

Subtract the weight of the flask to obtain your yield of biphenyl.

Weigh the dried product and subtract the weight of the boat to obtain the mass of your benzoic acid.

Determine the melting point for each of your compounds and compare them to the melting point of the pure substances.

Calculate the percent recovery of each compound (assume 1.5 g of starting material).

Pack melting point tubes with your two compounds, and determine the melting point of each. How does the melting point range compare to the published values?

Clean your biphenyl out of the beaker using 1 mL of ethyl acetate. Dispose of the ethyl acetate in the organic waste. Dispose of all filter paper, and crystalline products in the solid waste beaker under the hood.

Acme Petroleum

132, Victoria, Texas 12401. U.S, 321-577-8474

www.acmepetroluem.org

John M. Roberts,

Publisher, Victoria Advocates

101 W. Goodwin Ave., Suite 1200, Victoria, TX

Dear John,

Recently, we bought a land at Route 59 south Victoria which we intend to build a tank farm, a facility which is likely to have multiple oil terminals. We are aware that Route 59 is designated to become the future interstate 69. We are also aware of the local opposition to the construction of the tank farm. This is because of the statements made in the City Council meetings and several letters addressed to the Victoria Advocates newspaper. The opponents claim that all petrochemical companies are irresponsible polluters and Acme is no exception.

Acme has however shown in its economic benefit statement how a major fuel distribution node in Victoria will generate employment at the tank farm itself and by supplying gasoline that Crossroads companies need to develop how the new tank farm will contain state-of-the-art precautions against leaks. We are requesting you to hold a public forum on Acmes proposed tank farm so as to weigh out the advantages and disadvantages.

Your consideration will be highly appreciated.

Sincerely,

Communications Director, Acme Petroleum.

Author

Tutor

Course

Date

Introduction

In the article “Home” by Mok, the author describes the experience of how she stayed in her real hometown-Mainland China. The author was born in Hong Kong, so she wanted back to her hometown, a village in Canton. However, she felt as if she had landed on another planet. The author felt uncomfortable when she was at train station because the people wanted to sell something to her or suggested many inns to her. The author’s uncle and aunt just asked her if she had brought any gift or money for them when they met at the station. The author was so disappointed that she decided to stay for only three days. In addition, she seldom went out within the three days.

When I graduated from high school, our family decided to let me study in the U.S. I chose to study in the University of Oregon, which is located in Eugene, Oregon. I imagined a lot of views about Eugene before I landed. However, I felt like I had landed on a small village rather than a big modern city.

The first moment I went out of the airport, there was only a handful people outside and there appeared to be no taxi on site. This made me feel helpless and lonely. Nevertheless, I asked one of the airport staff if he could call a taxi for me. He helped me to find a taxi and, finally, I arrived at my place. Every day, I would take the bus to go to the University. It is quite disappointing that the bus would only operate once every half an hour, which is very different from China. Indeed, this proved extremely inconveniencing especially in instances where I missed the bus as I would have to wait until the next thirty minutes. In addition, the supermarket was too far from my place, which was extremely inconveniencing as I could only manage to go to the supermarket on the weekends. Before I came to the U.S., I thought it was easy to live alone in the U.S., but when I started to living in the U.S. by myself, I realized it was a very difficult thing to me.

Even more disappointing was the level of inefficiency that Americans, contrary to my thoughts, exhibited. The first time I came to the office to submit my applications, the officer told me I should wait for 8 weeks. I had no problem waiting for 8 weeks, but when I went back and asked the officer whether the application had been approved, he stated that I had to wait for another 4 weeks. Upon enquiring why I had to wait for another four weeks, he just stated that he was sorry but there was nothing more he could do for me. I was so angry and speechless because I thought Americans were extremely punctual.

As much as Eugene presented me with an extremely hard time, it was a memorable and good experience. It taught me how to take care of myself and enhanced my independence. Of course, my life in the United States was not the same as I had imagined, which was quite disappointing. However, I was grateful that I had a chance to study in the country as it enhanced my independence. It is imperative that individuals take more challenges when in undesirable situations.