V. 52, n. 1 (2012)

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V. 52, n. 1 (2012)

As prescribed in As used in this clause. Cannibalize means to remove parts from Government property for use or for installation on other Government property.

Contractor-acquired property means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title. Contractor's managerial personnel means the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of.

Demilitarization means rendering a product unusable for, and not restorable to, the purpose for which it was designed or is customarily used. Discrepancies incident to shipment means any differences e. Equipment means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract.

Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include materialreal propertyspecial test equipment or special tooling. Government-furnished property means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract.

Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

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Government property means all property owned or leased by the Government. Government property includes both Government-furnished and Contractor-acquired property. Government property includes materialequipmentspecial tooling, special test equipmentand real property. Government property does not include intellectual property and software. Loss of Government property means unintended, unforeseen or accidental loss, damage or destruction to Government property that reduces the Government's expected economic benefits of the property.

Loss of Government property does not include purposeful destructive testing, obsolescence, normal wear and tear or manufacturing defects.

Loss of Government property includes, but is not limited to. Material means property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item.

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Material does not include equipmentspecial tooling, special test equipment or real property. Nonseverable means property that cannot be removed after construction or installation without substantial loss of value or damage to the installed property or to the premises where installed. Precious metals means silver, gold, platinum, palladium, iridium, osmium, rhodium, and ruthenium.

Production scrap means unusable material resulting from production, engineering, operations and maintenance, repair, and research and development contract activities. Production scrap may have value when re-melted or reprocessed, e.

v. 52, n. 1 (2012)

Property means all tangible propertyboth real and personal. Property Administrator means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor. Property records means the records created and maintained by the contractor in support of its stewardship responsibilities for the management of Government property.

Provide means to furnish, as in Government-furnished propertyor to acquire, as in contractor-acquired property. Real property. See Federal Management Regulation Sensitive property means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability.

Examples include weapons, ammunition, explosives, controlled substances, radioactive materialshazardous materials or wastes, or precious metals.Court of Appeals of New York. Dean of counselfor Douglas Latta, appellant. Marianne KarasThornwood, for Vadim Vassilenko, appellant. Galluzzo of counselfor Angela Perez also known as Anna Ciano, appellant.

Cyrus R. Vance, Jr. Cohn and Alan Gadlin of counselfor respondent.

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Western Expressfacilitated transactions by which the purloined credit card data was transferred. Appellants' conduct, the People claim, was part of a larger enterprise to traffic in stolen credit card information.

To make out the corrupt enterprise, the People adduced before the grand jury proof that Eastern European vendors of stolen credit card data engaged in Internet transactions with buyers in New York. There was also proof that, in consummating these transactions, buyers and sellers sometimes availed themselves of services offered by Western Express through its publicly accessible Internet websites.

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While Western Express's menu of services — i. The People, in presenting the matter to the grand jury, dwelt principally on the carders' use of Western Express's digital currency exchange service.

v. 52, n. 1 (2012)

Western Express, having purchased large sums of the unregulated Internet currencies EGold and Webmoney, was an authorized vendor of those forms of tender. For a commission of between two and five percent, the company would transfer into a customer Internet account held in an assumed name digital currency purchased from it by the customer with US dollars.

The digital currency could then be, and on occasion was, transferred to pay for stolen credit card information, after which the vendor would sell the digital currency received in payment back to Western Express for its value in another digital currency or US dollars, with Western Express taking an additional commission.

This transactional pattern recommended itself for money laundering purposes by reason of the circumstance that E-currency was not government regulated and that international transactions using it went largely unscrutinized.

Legge 147/2013

There was evidence that Western Express was not a neutral observer of this use of its services; its employees offered advice on how to structure transactions to avoid detection and defendant Vassilenko, the company's president, recognizing that a significant portion of Western Express's business was from "carding" transactions, 2 actively sought the patronage of carders.

Carder business was encouraged by postings on the Western Express websites and there was proof that Vassilenko attempted evidently unsuccessfully to advertise Western Express's services on Carder Planet, a members-only website devoted exclusively to facilitating illegal carding activities.

Supreme Court granted appellants' respective motions to dismiss the subject indictment's enterprise corruption count upon the ground that the proof before the grand jury, even when viewed most favorably to the People, did not make out the existence of a "criminal enterprise.Ex Parte:. In re:. The applicant is an attorney who represented the second respondent in legal proceedings against the Road Accident Fund The Fund for the recovery of damages sustained by him as a result of injuries he sustained in a motor cycle collision in May The action was concluded successfully in favour of the second respondent in December when it was settled and an amount of 3.

The application is divided into two parts. The relief sought at the hearing of the matter is formulated as follows in the notice of motion. Appointing Advocate Charl van Rooyen as curator ad litem to Leonard Arthur Futter, for the purposes of reporting to this Honourable Court on whether a curator bonis ought to be appointed to the estate of the said Leonard Arthur Futter. Postponing the application sine die, to be reinstated by the Applicant for the purpose of receiving the reports of the curator ad litem and the Master of the Honourable Court, and for the granting of the further relief set out hereunder.

At the hearing of the matter the second respondent sought leave to intervene in the application and to be joined as a party thereto.

v. 52, n. 1 (2012)

The application was not opposed and he was added as a respondent. According to the medico-legal reports placed before the Court in his damages action, the injury resulted in the second respondent suffering orbito-frontal dementia with associated organic mood disorder.

In the present matter the applicant does not seek an order declaring the second respondent to be of unsound mind. The order sought in the second part of the application is that the second respondent be declared to be incapable of managing his own affairs.

The basis for this order is the contention that the applicant is suffering from a mental disability which renders him incapable of managing his own affairs. The second respondent filed an answering affidavit to which the applicant replied. The second respondent in turn denies that he is incapable of managing his own affairs and that there is any need to appoint a curator ad litem or bonis to him as contended by the applicant.

His opposition to the appointment of a curator ad litem is essentially premised on the contention that the applicant in his founding affidavit has failed to establish a case for the relief sought. The submission is that the applicant has failed to show that he has locus standi to bring the application, and that the application does not comply with the requirements of rule Another consideration effecting the issue of locus standi in the context of the present matter is that an order placing someone under curatorship effects the status of that person and involves a serious encroachment upon the personal freedom and the rights the person concerned.

v. 52, n. 1 (2012)

Accordingly, the need to establish and determine the standing of the applicant is understandably an essential feature of an application as envisaged in Rule 57 2 a.

It matters not whether it is a curator ad litem or bonis who is to be appointed to the individual concerned. It is accordingly incumbent upon an applicant to not only allege that he has locus standibut also to make the necessary factual allegations in support thereof.

This is clearlywhat is envisaged by Rule 57 2 a. There is in my view no merit in this argument. In Judin v Wedgwood and Another 5 SA W it was by way of example held that a debtor-creditor relationship alone does not give locus standi to a creditor to apply for the appointment of a curator ad litem to his debtor. The inability, of a breadwinner to manage his affairs may not only impact negatively on their right to be maintained by him, but they also, by virtue of their close relationship with the patient, have a real interest in his welfare.

From a practical point of view they are also better placed to testify with regard to issues such as the health of the patient, his mental state and whether he is able to look after his own affairs. Accordingly, if the applicant in proceedings under Rule 57 is not the spouse or a next of kin of the patient, then the reason why the spouse or next of kin does not bring the application should be stated, and if they are not available to make the application, what steps had been taken to establish their whereabouts before the application was made.

If no relatives exist who are in a position, or willing for that matter, to make the application to Court, it may be brought by someone else who, on the facts and in the circumstances of the particular case, stands in a sufficiently close relationship to the person concerned to be recognised at law as someone who has on interest in his welfare, and who is in a position to assist the Court in arriving at a decision.

Such persons may be a friend or even a close business associate see Erasmus Superior Court Practice at B1 — These aspects must be fully dealt with in the founding affidavit, particularly where, as in the instant matter, it is evident from the documentation which the applicant incorporated by reference thereto into his application, that the second respondent is married and has next of kin.

He attempted to deal therewith in his replying affidavit only after it was raised by the second respondent in his answering affidavit. However, after the action was finalised, she advised the applicant that she was no longer willing to do so. As he does not know anyone else who is close to the second respondent, the applicant says that he had no choice but to bring the application himself.

To simply state that he does not know of such a person is not enough. Further, as correctly pointed out by Counsel for the second respondent, an applicant in motion proceedings is bound to justify his claims and to make out his case in his founding affidavit.

He may therefore not introduce new matter or make out a case in his replying affidavit. Where he does so, the Court may either ignore it or strike it out. While the Court has an overriding discretion to allow an applicant to introduce new matter in his replying affidavit, the applicant must provide an adequate and acceptable explanation for its omission from the founding affidavit.Barack Obama Democratic.

The United States presidential election was the 57th quadrennial presidential electionheld on Tuesday, November 6, As the incumbent presidentObama secured the Democratic nomination with no serious opposition.

The Republicans experienced a competitive primary. Romney was consistently competitive in the polls and won the support of many party leaders, but he faced challenges from a number of more conservative contenders.

Romney secured his party's nomination in May, defeating former Senator Rick Santorumformer Speaker of the House Newt Gingrichand other candidates. The campaigns focused heavily on domestic issues, and debate centered largely around sound responses to the Great Recession. Other issues included long-term federal budget issues, the future of social insurance programsand the Affordable Care ActObama's marquee legislative program. Foreign policy was also discussed, including the phase-out of the Iraq Warmilitary spending, the Iranian nuclear programand appropriate counteractions to terrorism.

The campaign was marked by a sharp rise in fundraising, including from nominally independent Super PACs. Obama defeated Romney, winning a majority of both the Electoral College and the popular vote. Obama won electoral votes and Obama was the first incumbent since Franklin D.

Roosevelt in to win reelection with fewer electoral votes and a smaller popular vote margin than had been won in the previous election, and was also the first two-term president since Ronald Reagan to win both his presidential bids with a majority of the nationwide popular vote.

This was also the first presidential election since in which neither candidate had military experience. Obama did not hold onto IndianaNorth Carolinaor Nebraska's 2nd congressional districtbut crucially won all 18 " blue wall " states and defeated Romney in other swing states the Republicans had won in andmost notably Florida and Ohio. Ultimately, of the 9 swing states identified by the Washington Post in the election, Obama won 8, losing only North Carolina.

Inseveral state legislatures passed new voting laws, especially pertaining to voter identification, with the stated purpose of combating voter fraud ; the laws were attacked, however, by the Democratic Party as attempts to suppress voting among its supporters and to improve the Republican Party's presidential prospects. FloridaGeorgiaOhio[2] Tennesseeand West Virginia 's state legislatures approved measures to shorten early voting periods.

Florida and Iowa barred all felons from voting. KansasSouth Carolina[3] TennesseeTexas [4] and Wisconsin [5] state legislatures passed laws requiring voters to have government-issued IDs before they could cast their ballots. This meant, typically, that people without driver's licenses or passports had to gain new forms of ID. Clinton said the moves would effectively disenfranchise core voter blocs that trend liberal, including college students, Blacksand Latinos.

In addition, the Pennsylvania legislature proposed a plan to change its representation in the electoral college from the traditional winner-take-all model to a district-by-district model. With an incumbent president running for re-election against token oppositionthe race for the Democratic nomination was largely uneventful. The nomination process consisted of primaries and caucusesheld by the 50 states, as well as GuamPuerto RicoWashington, D. Additionally, high-ranking party members known as superdelegates each received one vote in the convention.

A few of the primary challengers surpassed the president's vote total in individual counties in several of the seven contested primaries, though none made a significant impact in the delegate count. Running unopposed everywhere else, President Obama cemented his status as the Democratic presumptive nominee on April 3,by securing the minimum number of pledged delegates needed to obtain the nomination. Candidates with considerable name recognition who entered the race for the Republican presidential nomination in the early stages of the primary campaign included U.

A total of thirteen debates were held before the Iowa caucuses. The first major event of the campaign was the Ames Straw Pollwhich took place in Iowa on August 13, Compared to previous versions, RegCM4 includes new land surface, planetary boundary layer, and air—sea flux schemes, a mixed convection and tropical band configuration, modifications to the pre-existing radiative transfer and boundary layer schemes, and a full upgrade of the model code towards improved flexibility, portability, and user friendliness.

The model can be interactively coupled to a 1D lake model, a simplified aerosol scheme including organic carbon, black carbon, SO 4dust, and sea sprayand a gas phase chemistry module CBM-Z. After a general description of the model, a series of test experiments are presented over 4 domains prescribed under the CORDEX framework Africa, South America, East Asia, and Europe to provide illustrative examples of the model behavior and sensitivities under different climatic regimes.

These experiments indicate that, overall, RegCM4 shows an improved performance in several respects compared to previous versions, although further testing by the user community is needed to fully explore its sensitivities and range of applications.

Inter-Research Science Publisher. Coppola 1F. Solmon 1L. Mariotti 1M. Sylla 1X. Elguindi 1G. Diro 1V. Nair 1G. Giuliani 1U. Turuncoglu 1S. Cozzini 2I. Tawfik 5A. Shalaby 6A. Zakey 7A. Steiner 5F. Stordal 8L. Sloan 4C. Brankovic 3. Clim Res Cited by. Published in CR Vol.In an action tried on the facts without a jury or with an advisory jury, the court must find the facts specially and state its conclusions of law separately.

The findings and conclusions may be stated on the record after the close of the evidence or may appear in an opinion or a memorandum of decision filed by the court. Judgment must be entered under Rule In granting or refusing an interlocutory injunction, the court must similarly state the findings and conclusions that support its action.

The court is not required to state findings or conclusions when ruling on a motion under Rule 12 or 56 or, unless these rules provide otherwise, on any other motion. A master's findings, to the extent adopted by the court, must be considered the court's findings. A party may later question the sufficiency of the evidence supporting the findings, whether or not the party requested findings, objected to them, moved to amend them, or moved for partial findings.

On a party's motion filed no later than 28 days after the entry of judgment, the court may amend its findings—or make additional findings—and may amend the judgment accordingly.

2012 United States presidential election

The motion may accompany a motion for a new trial under Rule If a party has been fully heard on an issue during a nonjury trial and the court finds against the party on that issue, the court may enter judgment against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue. The court may, however, decline to render any judgment until the close of the evidence. A judgment on partial findings must be supported by findings of fact and conclusions of law as required by Rule 52 a.

As amended Dec. July 1, ; Apr. The provisions of U. The rule stated in the third sentence of Subdivision a accords with the decisions on the scope of the review in modern federal equity practice. It is applicable to all classes of findings in cases tried without a jury whether the finding is of a fact concerning which there was conflict of testimony, or of a fact deduced or inferred from uncontradicted testimony.

Silver King Consolidated Mining Co. KeepU. FerrisU.The Honda VTX was launched in as a model. Making amends for years of underperforming V-twins, Honda set out to produce a cruiser with the biggest CID ever and so designed a big bike with a muscular looking body that was long and low to the ground, featuring significant rake and trail.

On the VTX, Honda updated its linked braking feature, instead of having the usual separate hand and foot brakes, the hand brake operated two-thirds of the front pistons while the foot operated the other third in front and all the rear via a proportioning valve.

The degree V-twin included an offset-dual-pin crankshaft, a design first used on the Honda Shadow to produce perfect primary balanceas well as two primary-shaft-mounted counterbalancer weights to reduce the inevitable rocking couple vibration in a large V-twin engine. Compared to the Retro models and the others that would follow the VTX type C was identifiable by its two-into-one exhaust system, and its speedometer mounted within the handlebar risers. Honda's sales of the VTX by late were approaching 30, units.

Honda added a more performance-oriented VTXF model inwhich had low-profile radial tires on cast alloy wheels with a five twin-spoke design, and also incorporated an LCD tachometer and clock into the tank-mounted speedometer. In contrast to the VTX line, VTX bikes used standard unlinked brakes, with a single large front disk, mm in diameter.

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The rear brake was a mm disc. Although it was similar to thethe was not the same engine with a smaller bore or shorter stroke, but a new design. The single carb had a manual choke for cold starts, [22] and was heated by engine coolant to improve cold-weather operation.

The configuration of the new powerplant was the same liquid-cooled overhead-cam degree V-twin layout as its larger sibling, but the VTX engine was designed around a single-pin crankshaft, unlike the s dual-pin crank.

As a result, the required dual two-axis primary counterbalancers to control engine vibration. The VTX line employed the same two-into-two exhaust system across the board, as opposed to the model specific two-into-one system of the VTXC. VTX bikes came with the least possible instrumentation, one large analog speedometer with a digital odometer in a nacelle on top of the fuel tank, unaccompanied by so much as a clock or fuel gauge.

The new C model also sold in large numbers in its first year, upwards of 11, units. The R-model also did well on the showroom floor, with first-year sales over units. The Tourer was basically a type R bike equipped at the factory with what had been the three accessories most often added by Honda dealers; saddlebags holding 24 litres 0.

Forthe two-into-two exhaust system was redesigned to be more compact. Total sales for all types of VTX cruisers amounted to 82, for all model years.

The Fury's design went beyond the domain of traditional Honda cruisers and onto full-out chopper turf, having austere bodywork on a faux-hardtail frame with a high-mounted steering head and long fork tubes that made the rake angle conspicuous at 38 degrees, The caster angle being 32 degrees with 6 degrees added into the steering yokes, [30] A wide rear tire was paired with a narrow front wheel, and the two were spanned by the longest wheelbase for any Honda production motorcycle.

Beyond the chopper-style Fury, the VTC line offered three conventional cruiser models forall of which remain in the lineup for Sabre, Interstate and Stateline. In contrast to the Fury, the Sabre emphasized function over form with a less extreme seating position, narrower handlebar and lower steering head, making the VTCS aka VT13CS [43] a fairly typical cruiser design, competing with other mid-size cruisers such as the Star Stryker.

The Sabre had slightly more travel in its rear mono-shock and a steel swingarm rather than aluminum, plus a larger fuel tank that incorporated an instrument panel.

2012 United States presidential election

The Stateline used the same suspension and fuel tank as the Sabre. The VTCT Interstate used the same bodywork and running gear as the Stateline, but with additional amenities for touring, such as a windshield, saddlebags, floorboards for the rider and covers for the fork tubes. ABS was not available on the Interstate, the only model in the VTC line to not offer that option, [28] [59] however, Honda included the ABS option starting with the model year.

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From Wikipedia, the free encyclopedia. Honda Powersports. American Honda Motor Co. Retrieved 26 February


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