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Civil Action No. 8:19-cv-02924-PX
Pending before the Court in this breach of contract action is Defendants Hartford Fire Insurance Company's ("Hartford") and Baggette Construction, Inc.'s ("Baggette Construction") motion to transfer venue to the United States District Court for the Northern District of Alabama. ECF No. 20-1. The issues are fully briefed and the Court now rules pursuant to Local Rule 105.6 because no hearing is necessary. For the reasons stated below, Defendants' motion is granted.
I. Background
On October 28, 2015, Plaintiff John E. Kelly & Sons Electrical Construction, Inc. ("Kelly Electric") and Baggette Construction, entered into a written Subcontract Agreement ("Subcontract"). ECF No. 1-4. The Subcontract provided that Kelly Electric, the subcontractor, would perform work for Baggette Construction, the prime contractor, for a construction project known as the "Shopping Center Expansion" located at 1811 G Street, Joint Base Andrews, Maryland 20762 (the "Project"). Id. On September 9, 2015, in connection with the Project, Hartford, as a Miller Act surety, issued a payment bond identifying Baggette as the principal. ECF No. 1-5.
On October 4, 2019, Kelly Electric filed suit against Defendants, alleging Count I (Miller Act Bond Claim), Count II (Breach of Contract), and Count III (Quantum Meruit). ECF No. 1. Defendants, in response, answered the Complaint, ECF Nos. 18 and 19, and moved to change venue. ECF No. 20-1.
II. Analysis
Defendants rely on the forum-selection clause in the Subcontract as the basis for transfer. ECF No. 20-1 at 2. The clause states: "The parties agree, for the mutual convenience of the parties, that any litigation instituted by the Contractor or Subcontractor arising directly or indirectly out of this agreement shall be brought in Morgan County, Alabama." ECF No. 1-4 at 9 (Section 22, titled "Venue") (emphasis added). In response, Plaintiff argues that the United States District Court for the Northern District of Alabama is a less convenient forum, and that the interests of justice weigh against transfer. Plaintiff also argues that the Miller Act requires the case to be heard by this Court because the Act dictates that "[a] civil action brought under this subsection must be brought ... in the United States District Court for any district in which the contract was to be performed and executed, regardless of the amount in controversy." 40 U.S.C. §3133(3)(B) (emphasis added).
Plaintiff does not contest that Hartford, as a surety, stands in the shoes of its principal, Baggette Construction, and can avail itself of defenses available to Baggette Construction, including enforcement of the Subcontract's forum selection clause. See Travelers Indem. Co. v. Nationwide Const. Corp., 244 Md. 401, 412 (1966) ("The surety stands in the shoes of its principals and can avail itself of any defense still open to the principals.").
The general federal transfer statute, 28 U.S.C. § 1404(a), provides that "[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought." Section 1404 is procedural rather than substantive and so federal law governs the analysis. See Stewart Organization, Inc. v. Ricoh Corp., 487 U.S. 22, 32 (1988); Jones v. Weibrecht, 901 F.2d 17, 19 (2d Cir. 1990); see generally White Oak Power Constructors v. Alstom Power, Inc., No. CB-17-1437, 2017 WL 5158507, at *3 (D. Md. Nov. 7, 2017). Under § 1404(a), the Court evaluates the propriety of transfer by considering such factors as the convenience of the parties and the relevant public interests. Atl. Marine Constr. Co. v. U.S. Dist. Ct. for W. Dist. Tex., 571 U.S. 49, 62 (2013).
"The calculus changes, however, when the parties' contract contains a valid forum-selection clause, which 'represents the parties' agreement as to the most proper forum.'" Id. at 63 (quoting Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22, 31 (1988)). Because forum-selection clauses are "bargained for by the parties," "a valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." Id. (alteration in original) (quoting Stewart, 487 U.S. at 33) (internal quotation marks omitted).
In Atlantic Marine, the United States Supreme Court explained that a valid forum-selection clause changes the § 1404 analysis in three ways. 571 U.S. at 63-65. First, "the plaintiff's choice of forum merits no weight. Rather, as the party defying the forum-selection clause, the plaintiff bears the burden of establishing that transfer to the forum for which the parties bargained is unwarranted." Id. at 63. This is because the plaintiff, by executing a contract with a specified forum, has effectively chosen her forum before the dispute arises. Id. at 63-64.
Plaintiff is incorrect that the burden of proof lies with Defendants. ECF No. 21 at 2, 4, 6. --------
Second, a valid forum selection clause renders the parties' interests irrelevant. "When parties agree to a forum-selection clause, they waive the right to challenge the preselected forum as inconvenient or less convenient for themselves or their witnesses, or for their pursuit of the litigation. A court accordingly must deem the private-interest factors to weigh entirely in favor of the preselected forum." Id. at 64. The Court still considers the public interest factors. Id. at 64.
"Third, when a party bound by a forum-selection clause flouts its contractual obligation and files suit in a different forum, a § 1404(a) transfer of venue will not carry with it the original venue's choice-of-law rules." Id. The Court's analysis should militate against enforcing the forum-selection clause only in the most "extraordinary circumstances." Id. at 62.
As in Atlantic Marine, this matter involves a mandatory forum-selection clause. It states: "[a]ny litigation. . . shall be brought in Morgan County, Alabama." ECF No. 1-4 at 9 (emphasis added). See also Belfiore v. Summit Fed. Credit Union, 452 F. Supp. 2d 629, 633 n.2 (D. Md. 2006) (citation omitted) (clause is mandatory when it states in "clear language showing that jurisdiction is appropriate only in the designated forum."). Accordingly, the Court sets aside Plaintiff's argument related to the convenience of witnesses and parties, ECF No. 21 at 6-9, and considers only § 1404's public interest factors. See Atl. Marine, 571 U.S. at 64. "Consideration of the interests of justice is intended to encompass all those factors bearing on transfer that are unrelated to convenience of witnesses and parties." Cross v. Fleet Reserve Ass'n Pension Plan, 383 F. Supp. 2d 852, 857 (D. Md. 2005) (citation and internal quotation marks omitted).
Plaintiff argues that the interests of justice weigh against transfer because a federal court located in Maryland is better equipped than a federal court located in Alabama to decide the Maryland state law claims. ECF No. 21 at 9. To be sure, some weight is to be afforded in trying a case before a court "at home with the law." See AIG Europe Ltd. v. Gen. Sys., Inc., No. RDB-13-0216, 2013 WL 6654382, at *4 (D. Md. Dec. 16, 2013). However, Defendants correctly point out that either federal court is nonetheless well-qualified to review matters concerning Maryland common law. Plaintiff has brought forward no other public factors that weigh against transfer. Thus, the Court is not persuaded that the interests of justice merit disregarding the agreed-upon, mandatory, forum selection clause.
Lastly, Plaintiff maintains that the Miller Act's venue provision calls for the case to be tried in the District of Maryland, as Maryland is the "district in which the contract was to be performed and executed." 40 U.S.C.A. § 3133(b)(3)(B). ECF No. 21 at 6. This provision in the Miller Act, however, is "merely a venue requirement." F. D. Rich Co. v. United States ex rel. Indus. Lumber Co., 417 U.S. 116, 125 (1974). Accordingly, as with any statutory venue provision, parties may waive its protections by agreeing to a mandatory forum selection clause. See United States ex rel. B & D Mech. Contractors, Inc. v. St. Paul Mercury Ins. Co., 70 F.3d 1115, 1117 (10th Cir. 1995) (concurring with First, Fifth, and Eighth circuits that "a valid forum selection clause supersedes the Miller Act's venue provision"); accord FGS Constructors, Inc. v. Carlow, 64 F.3d 1230, 1233 (8th Cir. 1995) (Miller Act does not override subcontractor's choice of venue under the forum-selection clause); United States ex rel. Pittsburgh Tank & Tower, Inc. v. G & C Enterprises, Inc., 62 F.3d 35, 36 (1st Cir. 1995) ("venue provisions have long been subject to contractual waiver through a valid forum selection agreement"); In re. Fireman's Fund Ins. Companies, Inc., 588 F.2d 93, 95 (5th Cir. 1979) (Miller Act provision "is not jurisdictional but only a venue provision . . . [which] may be varied by contract") (citations omitted). See also United Corrosion Control, LLC v. G-W Mgmt. Servs., LLC, No. JKB-16-1856, 2016 WL 6610993, at *2 (D. Md. Nov. 9, 2016). Thus, pursuant to the mandatory forum selection clause executed by the parties in advance of this litigation, the case must be transferred to the United States District Court for the Northern District of Alabama.
Defendants' motion to transfer venue (ECF No. 20-1) is GRANTED. This case shall be TRANSFERRED to the United States District Court for the Northern District of Alabama. The Clerk is DIRECTED to transmit copies of this Memorandum Opinion and Order to the parties and to CLOSE the case. It is so ORDERED. 2/12/2020
Paula Xinis
United States District Judge


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I was eight years old when John Kessler first barreled into my life in his dirty old pickup truck, gravel crunching underneath his tires and Eric Clapton blaring through his stereo. I watched curiously from the porch swing as he climbed out of the truck, trying to make out his features underneath the bill of a Rangers baseball cap. He was tall and lean, and his face seemed young... perhaps the same age as my cousin, who'd just finished his last year of high school.
I didn't have time to investigate further. He made a straight line for the barn and, for a fraction of a moment, found himself out of my line of sight. I followed after him with the haste and the stealth of a bouncy and overzealous child.
I didn't think he'd noticed me with my gap-toothed smile and my skinned knees, but if he did he didn't say anything.
That's the thing about John; in the few years that I knew him, I don't think I ever heard him speak a full sentence to anyone, not even me.
I ended up hiding in an empty horse stall, wedged between the wood paneling and a bale of hay, watching silently as John reached my father and shook his hand. My dad was well above average height and broad-shouldered, the build of a man who'd spent his whole life on a cattle ranch. It was so strange to see him have to look up to meet someone's eye.
"You here for the ranch hand position?" my dad asked gruffly.
"Yes sir I am," John replied with a nod. "I'm John... Kessler," he introduced himself, looking a little uncertain of what he should say or do next as my father went back to his job of mucking out the horse stalls.
"You ever worked on a ranch before?" my dad barked.
"No sir I haven't, but I'm a fast learner," John said steadily, as though he'd rehearsed the words a hundred times before. "I worked in a garage for a couple years in high school, so I'm pretty good at fixin' things."
My dad continued to shovel manure into a wheelbarrow and John shuffled his booted feet, looking mighty uncomfortable.
"You'll work from sun up 'til sun down... Payday's every other Friday, $489 a week... Room and board's free; you'll be stayin' in the loft," my dad went on to say, his back turned to John. He made his way towards the next stall, further down the walkway, forcing me to crane my neck so that I could keep them in my line of vision. "There's no kitchen so you'll have to eat at the main house – dinner's usually around seven... you can keep a mini fridge in the loft if you wanna... microwave as well... the missus ain't gonna let you at the table if you look like you've been workin' all day, so shower first..."
As they continued to speak about the ranch hand job – clearly it was none of my business and I shouldn't have been eavesdropping – I tried to discretely wriggle myself free so that I could go back to the swing, but all I managed to do was knock over a pitch fork and startle the chestnut mare in the opposite stall.
"Easy girl," my father said to the horse before turning his attention to me. "What are you doin' hidin' in there?" he asked me with a low chuckle.
Feeling the blood rush to my cheeks, I didn't say a word. John was looking at me now too, his brown eyes shadowed by his baseball cap and his mouth expressionless. I giggled and spun around on my heels, bolting out of the barn as fast as my feet would let me.
Last Turn HomeRomance
Carly Atwood always remembered the man that used to live in the loft above the barn when she was a little girl. John was her childhood crush, he was the guy she wrote about in her diary, and when he left her in his army greens, he was the first man...

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From the time tales of Tantric sex reached the West, numerous have actually tried to know Tantra – while having gotten it really incorrect.
Manuel Menal/Flickr Erotic rock carvings adorn the external walls associated with Lakshmana Temple in Khajuraho, Asia. The carvings about this temple among others when you look at the Khajuraho Group of Monuments are commonly thought to depict functions of Tantric sex while having become fairly well understood, if additionally misinterpreted, when you look at the western for that reason that is very.
We show Ayurveda (Indian Holistic Medicine) during the Institute of Holistic Nutrition in Vancouver, one thing We first acquired while residing being a Buddhist monk over about ten years ago. Ayurveda is highly impacted by Tantric spiritual traditions, therefore I show a rather introduction that is brief those traditions as an element of my program.
Each and every time i actually do, we ask my students, "What could be the thing that is first think about whenever you hear the word 'Tantra'?"
It's unusual that the learning pupil responses, nevertheless the smiles that spread through the entire space are response sufficient: Intercourse.
What Individuals Think Tantra Is — And What It Truly Is
Wikimedia Commons an example depicting sexual activity, extracted from the Kama Sutra, a historical Hindu text. coque huawei p10 Like Tantra, the Kama Sutra is now commonly misinterpreted in contemporary Western tradition, with many concentrating only its fairly minimal sexual aspects. Principally as a result, Tantra additionally the Kama Sutra have been often confused and conflated within the Western imagination.
A lot of people think Tantra is an approach that is spiritual intercourse (or maybe a sexy way of spirituality), or a modality of intimate recovery. The storyline goes that in ancient India there existed a Tantric tradition which unlike prudish, dualistic Western spirituality, had been a sex-positive, proto-feminist, sensual utopia.
The story that is real more complex. Tantra arose being a reclamation of techniques that were excluded from or minimized in Orthodox Vedic Hinduism, the conventional Yoga traditions, and traditions that are heterodox Buddhism and Jainism. coque huawei p30 These techniques included ritual innovations, magical spells, physical physical violence, mind-altering substances, and intercourse.
Tantras had been then a kind of esoteric text which arose in numerous Hindu lineages starting in the 5th century. These texts had been additionally published by Buddhists and Jains, and so arrived to possess a huge influence throughout India and beyond involving the ninth and 14th centuries.
Wikimedia Commons Left: A ritual diagram from Nepal circa 1100 depicting deities that are several embody the information of this Yoga Tantras. Appropriate: a late seventeenth century Tibetan artwork that functions as a synopsis of a few Tantras linked to health insurance and medication.
The reclamation and spiritual recipe publications yielded a worldview which supported and explained the methods inside them. This pairing of practice and philosophy is axiomatic in Indian faith and it is often known as view and course.
The scene of Tantric texts was generally constant across Hindu lineages. coque samsung a40 It reported that all the truth is a manifestation of divine energies. To be created is always to move out of the Godhead that is unmanifest enlightenment would be to move straight right straight back.
The texts state, all of reality can be used to reach the divine because all of reality is ultimately beyond good and evil and merely an expression of divine energy. coque samsung a5 The enlightened being understands this particular fact.
This understanding comes via, at the minimum, the employment of your body as a spiritual device, usage of complex real rituals, chanting of sacred terms, plus some amount of transcending dualistic perceptions of great and bad, sacred and profane.
The greater genteel manifestations of Tantra utilized ritual, chant, breathwork, and visualization, but remained inside the limitations of main-stream values (in other words., these were vegetarian, nonviolent, abided by virtues, seen morality that is sexual avoided drugs and alcohol, would not make use of intimate rituals, and observed fundamental purity laws and regulations). coque samsung a20 Adherents of those tips became referred to as Dakshinamarga, or "right-hand" Tantric practitioners.
Less genteel were the Vamachara, or "left-hand" practitioners (in Asia the right hand is utilized for eating, therefore the remaining hand for wiping yourself). We were holding a minority that is small with some associated with the wilder sects. The taboo techniques they embraced included meat-eating, searching, animal and sacrifice that www.redtube.zone is human the utilization of alcohol, cannabis and hallucinogens, character possession, the worship of terrifying or violent deities, the considerable utilization of magic and spells, and yes, ritual sex.
DIBYANGSHU SARKAR/AFP/Getty graphics Some Indian sadhus (Hindu holy males) nevertheless smoke cigarettes cannabis to this day.
The "magic and spells" an element of the equation resulted in the extensive relationship when you look at the Indian brain between Tantra and magic that is black. coque iphone 4 As celebrated scholar of Tantra David Gordon White chronicled in Sinister Yogis, for years and years in Asia the tantric master, or "yogi," has been regarded as a type of bogeyman to your level to be invoked to frighten kiddies lest they be "stolen because of the yogi."
Sexual rituals among the Vamacarins often included worshipping a female as a manifestation of the deity that is female then making love along with her. coque huawei p9 The purpose, though, had not been to market intimacy or better sexual climaxes for anybody, therefore the mankind associated with the females ended up being perhaps not as much as well-respected. Into the terms of scholar Serinity younger, Tantra "is not and had been never ever about sex equality."
One ritual, in a text referred to as Brihat Nila Tantra, still tips at this not enough equality and respect. It directs that toward yourself by her hair" and have intercourse after you worship the woman's breasts and vagina by writing mantras (sacred words) on them and whispering the same into her vagina, you "pull her. The girl can be an item of worship and make use of, treated in a fashion that is surprisingly domineering.
Likewise, other Tantras discuss conferring blessings by putting your penis into the mouths of females, having team intercourse with girls (age 12 to 20), and providing your intimate consort to your male guru for his usage.
The woman that is ideal constantly referred to as "young and beautiful" (which generally implied teenage girls) and ended up being well each time a transgressive option like an undesirable outcaste woman or prostitute ( each of which may additionally be either bought, kidnapped, or seduced without repercussions). "The preferred female tantric consort is a young and marginal girl without social energy," writes younger.
A number of the more extreme tantras rise above this, like the Buddhist Guhyasamaja and Cakrasamvara Tantras, that have considerable guidelines on making use of secret spells and potions for the purposes of rape and recommend ritual incest as providing reward that is spiritual.
The underlying logic is the fact that through participating in forbidden practices, it's possible to transcend dualistic thought, tap concealed power sources, and unite with all the divine.


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Can You Stop A DDoS Attack?
As we all know, recently a large domain name server (DNS) called Dyn had to deal with a huge distributed denial of service (DDoS) attack. The result was a lot of high-profile websites throughout the U.S. being taken down. How can we manage to stop a DDoS attack when our site is the target?
Latest DDoS Attack
The latest DDoS attack even prompted a federal investigation, according to Android Headlines. The investigation is yet to be concluded, but from the initial reports we may conclude that that the attack was conducted by a botnet. This consists in a network of hacked devices programmed to- simultaneously request access to the same website.
A botnet results in an attacked DNS timing out due to a traffic bottleneck. In case of the latest DDoS attack, the malicious network was created by a malware called "Mirai." The malware is especially programmed to target Internet of Things (IoT) devices like connected printers, webcams, speakers and routers by using their generic passwords assigned by manufacturers.
This means that one of the largest DDoS attacks in recent years was made possible thanks to IoT devices instead of being conducted through malware-infected personal computers. As we can see, IoT gadgets have become a critical internet security issue.
While we may blame people who failed to change default passwords of their new IoT gadget purchases, the average consumer cannot truly be found at fault. The consumer electronics manufacturers cannot realistically expect that their customers are tech-savvy enough to ensure changing the password on their recently purchased products.
The companies certainly should not be shipping IoT devices with identical hard coded root passwords in the first place. But how to avoid such issues in the future? Is it possible to stop a DDoS attack from taking place?
How To Stop A DDoS Attack?
According to Digital Trends, if you are using the default password or you do not have yet a password on your Wi-Fi router, now is time to change it immediately. Also ensure that rather of selecting the older WEP or WPA as the security mode, you select instead the nee WPA2 standard.
Nacked Security recommends that you should also disable the Wi-Fi Protected Setup (WPS) that has significant security vulnerabilities. Even if you don't own any IoT devices yet, it is a good idea to make these changes now in order to ensure that your home network isn't welcoming intruders.
Another thing to do is to ensure that your router has no open ports. For this task you may use the free tools available on the website yougetsignal.com. In case that you already have some IoT gadgets, the next step is to ensure that they aren't at risk of being captured by a botnet. You'll need to reset the product back to its factory settings in order to wipe any malicious code that eventually has found a home on your device. Also, it is recommended that you make sure your IoT gadget is running the latest firmare.
In case that your favorite website becomes the victim of a DDoS attack, you may not have many options beside to wait until the issue is fixed. But if a DNS provider is attacked, you may try to change your DNS provider from your local ISP to a service like Open DNS or Google DNS. Usually these bigger companies have a much more robust DNS infrastructure than your local ISP.
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The Brief
Other notes
Ad Specifications for the 2019 Marblehead Festival of Arts Program (as provided by Festival staff) Ad Size • Full page – 5" w by 8" h Ad Submission Specifications • 300 dpi resolution or higher • Document size must match the actual ad size. Preferred format: • Adobe Acrobat PDF Other accepted formats: • High resolution(300dpi/ppi) JPEG, TIF OR EPS file • InDesign (indd), Adobe Photoshop (psd) or Adobe Illustrator (eps) • Include all linked graphics & font files with your application files • Graphics files placed in a layout should be provided as JPEG, PDF, EPS or TIF files, positioned and updated within the application and sized/oriented properly. Unacceptable formats: • Microsoft Word, Excel or PowerPoint • PageMaker • CorelDraw Sending your ad to us: • As an email attachment. JPEG, PDF, EPS or TIF files also large jobs being sent as native files can be provided as self-extracting archives. • PDF proofs at 100% of ad size in the highest resolution possible are greatly appreciated and ensure the accuracy of your submission. Proofs must be created from and match the supplied electronic files. B+W Ads: • Convert color graphics with your documents to grayscale. We do NOT accept color ads. A NOTE ON QUALITY • Providing a clean, clear, high-resolution PDF will ensure that your ad represents your business well. Most images can be scanned, but the quality of the original will affect the print quality. We cannot guarantee the quality of submissions provided as color, Xerox copies, faxes, ads previously printed in newspapers or magazines and provided as clippings, or business cards, etc. Marble Harbor's logo, the Festival's logo as well as prior year's winning ads attached. Note: all entries must be in black and white and portrait orientation. If you need logo files in different formats, we can provide.
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Rebecca Gibney stars as the forensic psychiatrist, Dr. Jane Halifax. As a psychological sleuth, she is immersed in a mire of crime and punishment. She works hand in hand with both the police and the legal profession. She is called upon by the defence or prosecution as an expert witness into the workings of the human mind.Episodes -(The Scorpions Kiss((Playing God)n(Takes Two)
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Best Reggae Music Books - What are some of the best Reggae Music Books out there?. There are hundreds of books about Reggae music published worldwide but not all have covered the genre in depth.
We have done some research and came up with some of the best selling reggae books ever published up 2018.
See our Top 12 Reggae Books below...
Most of these books are available in hard-copy, streaming and also the online version.
We also came across this website Thoughtco.com which has listed what they say are the Top Ten Books About Reggae and Jamaican Music.
You can also purchase most if not all of the books listed above on Amazon.com
We have also made it very easy for you, as we have also posted a few of our top choices below which you can purchase sit back and enjoy.
BOOK: The Passion of Reggae and African Music - Drumming and dancing have been part of Africa's culture for ages as ceremonial activities initiated by the ancestors to appease the gods.
Return to Dancehall Reggae World homepage from Reggae Music Books page
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Feb 16, 20 08:51 PM
Dancehall trendsetter, Macka Diamond aka Mackadoucious is expressing gratitude to her fans for showing overwhelming love and support for her latest visuals
Feb 15, 20 09:55 PM
Production duo Love Star Music are the epitome of their Dancehall riddim, appropriately titled "Gifted and Chosen." Released in September 2019, the riddim
Feb 13, 20 09:46 PM
Canadian singer and songwriter Latoya Jane recently completed the Jamaican leg of her promotional trek for her newest track, Be In Like. Her visit was
Feb 13, 20 09:45 PM
Dakrome Productions has collaborated with Dancehall artiste Shalanda, on two new tracks titled "Boom" and "Show-Off." Both high-energy dancehall singles
Feb 12, 20 10:39 PM
RegTo write each and every academic essay, especially regarding history, one should conduct nearly as an entire search in terms of trustworthy information, credible sources, etc.gae history -


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The motivation letter is a vital portion of your program. If your letter was created for the initial scenario, you should start with an official speech and compliments, followed by a quick paragraph demonstrating your academic abilities, accomplishments and strengths. You might also see scholarship letters. It's going be essential that you know how to write a formal and specialist scholarship approval letter to permit the pupils know that their applications are successful.
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The samples can help you to correct the scenario when a bio is not informative for the reader. Admit you want a template in the event you don't even know how to present the purpose of the business. An expert biography template is supposed to lower the practice of generating printed professional biographies especially for an individual who would like to reach lots of individuals or associations.


text: Global News Morning BC December 21 2019 3:04pm 03:55 Holiday road safety Many of us will be heading out on the roads over the holiday season to visit family and celebrate with friends. ICBC Road Safety Manager Clay Steiro shares some tips on driving smart and staying safe. Responsive site?


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Hafiz Muhammad Azeem
JUDGE Leon R Yankwich once said, "There are no illegitimate children, only illegitimate parents", and this
also our belief that on the Judgment Day, the children of Adam will be called out by their mother's name and this demonstrates that God ensures it—that even when there will be no secrets, a child (not born out of wedlock) must not be discriminated there as well by calling as an illegitimate, rather he is the unfortunate child. Admittedly for the child born out of wedlock, the father/husband is duty bound to provide maintenance, but for the child born not out of legitimate relationship ie marriage, our legislation is silent. One of the paramount purposes of the legislation is to remedy the defects and reduce the miseries of the citizens, in a society by providing adequate measures and means to achieve it. No one's life and rights can be regarded as illegitimate—everyone is equal in the eyes of God—and so as every child; therefore, family laws are need to be amended to secure the maintenance for every child.
Firstly, for Muhammadans one of the main reasons to formulate and legislate the family laws in our society, is the institution of Nikah or marriage which establishes paternity for a child. In Pakistan the Nikah is registered under the Muslim Family Law Ordinance 1961, where after the spouse is called as husband and wife or in other words a 'family'. This gives right to the use words 'legitimate child' to the very offspring and the same, if unfortunately, not born out of such a legitimate relationship i.e. marriage of Nikah, then society tagged him as an illegitimate child; yet, in fact it is not the child rather the relationship which is legitimate or illegitimate. Secondly, maintenance primarily means and includes "food, raiment and lodging" for which Supreme Court in case titled as Humayun Hassan v Arslan Humayun of 2013 held that such definition should be given an extended meaning for the purpose of meeting and catering the present-day requirements. It held that such definition was neither conclusive nor exhaustive and should be given an extended meaning for the purpose of meeting and catering for the present days social, physical, mental growth, upbringing and well-being of minor, keeping in regard to status and norms of society, but corresponding to and commensurating with the means and capacity of the father to pay.
Thirdly, it is all crystal clear that among all Muslim schools of thought the marriage is one of the causes that makes maintenance wajib, and a Muhammadan father is duty bound to provide maintenance to his family, as opined by Allah SWT in following verse: "And on the child's father (the husband) is their food and clothing"… (2:233) But what, if unfortunately, a child is born in consequence of rape or fornication? The answer is in Hadith Al walad lil firash, "the child/progeny belongs to the owner of the bed", and wa-li-l-?âhir al ?ajar "and for the adulterer, the stone". The essential condition for burdening the maintenance is (husband) which a man only becomes after entering into a valid marriage (Nikah). For brevity of this concept, here it would be pertinent to distinguish the two situations; one where a child is born in consequence of fornication of a married woman then the maintenance is her husband's responsibility, second where if the female is unmarried then primarily it is her own responsibility and of the State.
Therefore, the State is responsible for the child's maintenance if he is unfortunately not born through a legitimate relationship. Our family laws are silent and their silence creates confusion for the courts as well as for the society. At present the family courts constituted under the Family Courts Act, 1967 do understand what to do in a simple scenario for a child's maintenance, but they are facing a great confusion in case of a child not born under the valid marriage, resultantly this increases the child's sufferings. To conclude, in the very words of Allah SWT in Surah Al Maida, Verse No. 3 "This day I have perfected for you your religion and completed My favour upon you and have approved for you Islam as religion"; so, it is the dire requirement of day that to amend the family laws and secure the maintenance for each child.
The issue has also been highlighted in case of Nadeem Masood v the State in Lahore High Court wherein a child was born in consequence of rape and the court while briefly discussing this issue (a rapist is not bound under current family laws to pay maintenance) ordered the convict to pay Rs one million to the victim child as a compensation under criminal administration of justice, but not under the family laws because they are silent. Under these constrains, by relying on Verse No 15 of Surah Al-Isra that "…no bearer of burdens can bear the burden of another…"and reminding the legislation its prime duty to legislate—keeping in due regards to the Article 35 of the Constitution of Islamic Republic of Pakistan, 1973 — it is hereby requested before the parliamentarians/legislators to do their job and amend the family laws.
—The writer is an advocate of the High Court and teaches law.
Child's maintenance & family laws
Hafiz Muhammad Azeem


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Ludwig LAC2983MT Atlas Arch Mount
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The season's trendiest garment – the crop top. This top is tight-fitting but still incredibly comfortable, and it hits just above the navel.
• 52% combed and ring-spun cotton/48% polyester
• 40 singles thread weight
• Form fitting
• Side seamed
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We do not ship to the following countries at this time: Cuba, Iran, Iraq, Antilles, Crimea, Syria, and North Korea.
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A fitted crop top to pair with skirts, jeans, and much more. Made of 100% cotton, this crop top has a soft hand feel and light texture. • 100% 30/1 combed cotton • Form fitting • Made in the USA • Two colors: black and white • Bottom hem has...$22.95 Select options
A classic, all-purpose unisex tank. A timeless classic intended for anyone looking for great quality and softness. • 100% combed and ringspun cotton • Tri-blends are 50% polyester/25% combed/25% ringspun cotton/rayon • Side-seamed, unisex sizing • Sizes – XS-2XL was last modified: August 6th, 2019 by Tyler Green$24.95 Select options
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2 Bed 2 Bath fully Furnished Apartment at Ciana - Close to all amenities
Apartment rental property, Indooroopilly QLD
Enter from 24 Allwood st and buzz #199 for access.
Ciana Apartments - Modern, spacious and close to all amenities!
This large, air-conditioned apartment, with its sizable balcony and modern design, is located on the first floor and has commanding views over the bowling green and surrounding community.
Perfectly situated in one of Brisbanes busiest suburban satellite centres, Ciana is situated a short stroll from the Indooroopilly train station, Indooroopilly Shopping Town, restaurants, cinemas, local schools and parks. It is less than 4km from the University of Queensland and Indooroopilly Golf Club, and only 7km from the Brisbane CBD. Enjoy easy access to Brisbanes vast network of walking and cycling tracks.
Travel is a breeze being this close to buses and trains, so you could easily leave the car at home, and why not? Being minutes from the CBD means Ciana is one of the most attractive locations for modern apartment living in Brisbane today. The proximity to every convenience makes living at Ciana, living life to the full.
The stylishly designed 2 pac kitchen is complete with glass splash back, stone bench tops and European stainless steel appliances. Inclusions: Stainless steel fridge, dishwasher, cutlery, crockery, cookware, bedding, washing machine, dryer, iron and board, flat screen televisions in the living room and main bedroom, sound system, artwork, decorative pieces and more. The apartment has a separate study area and laundry. Your comfort is assured with luxurious Australian made furniture in modern, neutral tones.
The apartment is cleverly designed, with the two large bedrooms being located on opposite sides of the living area. The master bedroom features direct balcony access, an ensuite and large walk-through wardrobe. The sizeable second bedroom features a large built-in wardrobe and views over Indooroopilly. It is located adjacent to the main bathroom.
The apartment has a separate study area with built-in desk, and a laundry located within the main bathroom. Your apartment includes access to secure basement parking and ample visitor parking. It is ready to live-in just bring your own linen and towels.
Complex facilities include a lap pool, BBQ areas, well-equipped gym, secure under-cover parking, swipe key security, professional on-site management.
Call us today to arrange an inspection.
More Information
- Category: Apartment
- Details: 2 2 1
- Rent: LEASED
- Bond: $2400
- Available From: 27 January, 2020
- Pets Allowed: No
Property Features
- Furnished
- Balcony
- Intercom
- Air Conditioned


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Physical Spousal Abuse Lawyer | Serving Glens Falls, NY
If you are a victim of physical spousal abuse, or you fear your spouse, then hiring a physical spousal abuse lawyer may be a great option for you. A skilled Glens Falls physical spousal abuse lawyer will protect physical spousal abuse victims in physical spousal abuse cases.
Did you know that there are various types of physical spousal abuse? Sexual assault is one type of physical spousal abuse, as are other types of physical violence. A qualified physical spousal abuse attorney is well versed in domestic violence laws and can help you obtain a restraining order by developing your case and convincing the court that your spouse is guilty of abusing you.
In legal practice, experience matters. An experienced attorney will likely have handled issues similar to yours many, many times. Therefore, after listening to your situation, the attorney should have a reasonable idea of the time line for a case like yours and the likely resolution.
An attorney consultation should provide you with enough information so that you can make an informed decision on whether to proceed with legal help.
A reputable attorney will be very upfront about how he/she will charge you. The three most common fee structures that attorneys use to charge for their services are:
Depending on your specific legal situation, it's possible that only one type of fee structure is available. For instance, criminal defense attorneys almost always bill by the hour. In a flat fee arrangement, an attorney accepts a one-time payment to help you resolve your issue. With a contingent fee agreement, the client pays little to nothing upfront and the attorney receives a percentage of the money recovered if you win your case.
Pro se - This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.
Statute - Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.
Subject matter jurisdiction - Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.
Lead Counsel's objective process independently verifies attorney records, conferring with state bars across the country and conducting annual reviews to confirm that the attorney practices in the legal categories as indicated, possesses a valid bar license, and is eligible to practice in the specific jurisdiction.


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Hotel description
The 2.5-star Lolo Oyong El Nido Pension House offers comfort and convenience whether you're on business or holiday in Palawan. Offering a variety of facilities and services, the hotel provides all you need for a good night's sleep. Service-minded staff will welcome and guide you at the Lolo Oyong El Nido Pension House. Designed for comfort, selected guestrooms offer non smoking rooms, air conditioning, desk, fan, shower to ensure a restful night. Access to the hotel's massage will further enhance your satisfying stay. Friendly staff, great facilities and close proximity to all that Palawan has to offer are three great reasons you should stay at Lolo Oyong El Nido Pension House.
Pets are not allowed.
Paying at the Hotel
The following payment methods are accepted by the hotel: Master Card, Visa Card.
City important notice
In compliance with Philippine Executive Order 26 passed by the national government, smoking is now strictly prohibited within all public and enclosed spaces. This includes restaurants, function spaces, and guestrooms on all floors.
Children are welcome at this hotel.
Using Existing Beds
For each room, 1 child 4 years old and under can use existing beds for free, breakfast not included; 1 child from 4 to 12 years old can use existing beds with additional P1.0 charge per person per night.
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