the past. In two cases‚ Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly ‚ the Supreme Court expanded the scope of pleading requirements. The Supreme Court held that “[t]o survive a motion to dismiss‚ a complaint must contain sufficient factual matter‚ accepted as true‚ to “state a claim to relief that is plausible on its face.” The Court went on to state “[a] claim has facial plausibility when
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that there must be a two-stage test applied • Factual foreseeability is a prerequisite Factual Foreseeability (a prerequisite) • Even when you prove this‚ there is no duty of care yet • Conversely‚ only when there is factual foreseeability then we go to the test. • This is the ability to see beforehand the likely effects of a certain action or inaction • Is it foreseeable that an action would result in a certain consequence? If it is‚ then factual foreseeability can be established Proximity
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Read the book "The Drunkard’s Walk - How Randomness Rules Our Lives" by Mlodinow and pay special attend to the following questions. Some of these questions may appear on quizzes and exams. Chapter 1 Peering through the Eyepiece of Randomness 1. Explain the phenomenon "regression toward the mean." In any series of random events an extraordinary event is most likely to be followed‚ due purely to chance‚ by a more ordinary one. 2. What factors determine whether a person will be successful
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the end. Telling of men who he is sad to say goodbye to‚ while the reader doesn’t know anything about how he came to know these men. Following the prologue‚ he goes back to the beginning‚ where he first reached the area in Louisiana. He goes on to recount his adventures. Each chapter beginning a new adventure‚ a new part of the bayou to explore‚ a new friend to meet. He tells of how friendly the residents of the Cajun coast are. One of his new friends Tim Melancon said “A Cajun will give you de hat
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Though a dutiful queen and protective‚ loving mother‚ Queen Jocasta is not simply the innocent victim of misunderstanding‚ for it becomes clear that she in fact knows the truth of Oedipus’ life and their union together. After hearing the prophecy about her child‚ Jocasta hands away her only son to be deserted in the mountains‚ believing her difficult choice would protect her baby from a life of fear and suffering. This means she would know about his feet being maimed. Furthermore‚ in a time when
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Efrain Rincon Jr Professor Yuhas English - 6 6 May‚ 2013 ‘An Occurrence at Owl Creek Bridge’ and ‘The Red Convertible’ ‘An Occurrence at Owl Creek Bridge’ by Ambrose Bierce and ‘The Red Convertible’ by Louise Erdrich both recount sorrowful tales of men during times of war. The stories differ in that ‘An Occurrence at Owl Creek Bridge’ is a story written in reverse‚ where the readers do not truly know the plot until the end- whereas ‘The Red Convertible’ is just a man recounting the story of his
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to arrange them or elucidate them‚ or attract readers by some charm of style." (Einhard) However some might receive Einhard recount as a disorder of written expression‚ Ms. Rose described it as‚ “a romanticized account of a glorious life‚ which leaves the reader with a little more hope for the compassions of men.” The account of Charles’ life‚ as written by Einhard recounts the glory of his reign by beginning with the kings’ delegation of power. Pepin‚ Charles father‚ had ruled over the Franks for
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OCdt Tam‚ Harry Dr. M. Hurley ENE100 10-Oct-2014 The Hobbit: A Romance Narrative Bilbo Baggins’ journey through Middle Earth has been argued to be many different types of literature from an epic to a fairy tale‚ but many of its aspects point out The Hobbit as being a romance. One important factor in the creation of a romance is the environment‚ one of mystique and the supernatural. Bilbo travels through the fantastical land of Middle Earth to accomplish a mission that could save the world‚ he
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love. The brutality of human nature is a central theme communicated throughout Briar Rose through the concept of genocide and the Holocaust: ‘one thousand a day’‚ and in particular in the middle section titled ‘home’ and through Josef’s vivid recount of his experiences in the Holocaust. The brutality of human nature is introduced by Yolen through the analogy ‘but not the bad fairy… not the one in black with big black boots and silver eagles on her hat’ where Yolen equates the Nazi guards of concentration
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Alexandria Rael Ms. Dickinson AP English III 7/8 September 11‚ 2014 The Awesome Assignment That Proved to be Cancerous Due to the Unfathomable Amount of Confusion and Dumb Questions Recount an incident or time when you experienced failure. How did it affect you‚ and what lessons did you learn? A time I experienced failure was during a family trip to Conchas Lake‚ and I attempted to knee board. I had just watched my brother do it effortlessly after two attempts and now I wanted to try. I got into
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