Friday, May 29, 2020

The Law of Agency to a Given Fact Situation - Free Essay Example

Apply the law of agency to a given fact situation LEVEL:5 Element 1 Define agency Performance criteria The definition establishes the relationship between principal, agent, and third party in terms of the type of agency. Universal agency: are agencies that has got unrestricted authority and are appointed by the general power of attorney, and are allowed to perform all acts of responsibilities. Special agency: are agencies that have special agents for special functions and/or purpose. Element 2 Apply the law relating to creation and termination of agency. Performance criteria 2.1 The criteria established in case law, which determine whether an agency is created, are applied to a given fact situation. Range one of à ¢Ã¢â€š ¬Ã¢â‚¬Å" express agreement, estoppel, ratification. Tom and Peter are both classic car lovers. Tom is a builder and Peter is a mechanic. Tom decides to buy a classical car as an investment so he asks Peter to visit a classical car auction that was to be held over the weekend. Peter sees a nice 1960à ¢Ã¢â€š ¬Ã¢â€ž ¢s Volkswagen and registers his name as one of the bidders in order to participate in the auction. The car sells for $30,000, and Peter leaves the auction. The next day Peter goes to the auction and the car is still there. Peter offers the owner of the Volkswagen that he will take the car for $35,000 and the owner agrees. Peter knows that Tom will take the car. He calls up Tom and Tom ratifies the deal between th e owner of the car and Peter. (unit 11635, 2013) Answer According to the above situation Ratification is applied. The law relating to the creation of agency because in this situation initially Tom rectifies. This means that Tom has accepted the deal between Peter and the owner of the car when Peter buys the car for $35000. 2.2 The criteria established in case law, which determine whether an agency is terminated, are applied to a given fact situation. Keith, is a landlord who negotiated with his tenant through his agent, real estate for the renewal of the lease. Through his agent, real estate, Keith made a written offer to renew the lease on terms. The offer stated that the tenant had one month within which to accept the terms. Keith passes away few weeks after making the offer. The tenant and the agent real estate were not aware of Keith death. (unit 11635, 2013) Answer According to the contract, it will be terminated directly because the landlord Keith passe s away after few weeks of the renewal of the lease. It is an operation of law because Keith the landlord passes away after a few weeks after making the offer. The tenant signed a written acceptance of the terms. Element 3 Apply the law relating to authority of agents. Performance criteria 3.1 The law, which determines whether the principal or agent is bound in contract through the agents actions, is applied to a given fact situation. Range one of à ¢Ã¢â€š ¬Ã¢â‚¬Å" express, apparent or customary authority. Jerry, a professional baseball player, asks Taz to be his sports agent and Taz accepts. Jerry tells Taz that he can review the contracts offered to Jerry from the various MLB baseball teams. Taz has the express authority to review contracts. Taz then hires his own secretary to direct phone calls and deal with some of the paperwork involved with the contracts. Jerry did not give Taz the express authority to hire the secretary and help Taz. (unit 11635, 2013) Answer According to the law of agency, delegation is not allowed. Taz as being appointed to act as an agent for Jerry had no authority to assign his secretary to deal with phone calls and paperwork of Jerry. In this given situation Taz was authorised to do all the paper work for Jerry and not to delegate his responsibilities and duties to his secretary. This is related to the personnel act the agent (Taz). Element 4 Apply the law as to the rights of third parties. Performance criteria 4.1 The law relating to the rights of the third party, where the principal is unnamed is applied to a given fact situation. Tanisha decided to acquire a swimming pool at the back of her house in Papakura. She called Paloma and paid NZ$ 5,000 00 as partial payment and agreed to be refunded if the project could not be completed in one month period. After two months, the construction of the pool was only on its first stage. Tanisha sued Paloma to get his partial payments. Paloma claimed that she is only acting as agent of Abc Construction and that she is not personally liable to it. (unit 11635, 2013) Answer In this given case there had been a mutual agreement between Paloma and Tanisha. Both Tanisha and Paloma agreed that if the project is not completed within the agreed time, the money will be refunded. 4.2 The law relating to the rights of the third party, where the agent is undisclosed, is applied to a given fact situation. Kelly Co authorized Robert, a jeweler, to buy 5 cuts of diamond on a joint account for himself and for them at a certain price. Robert, on his own behalf and without authority of anybody else, promised Durant to buy the diamond at a higher price which made Durant to wait. The intention that he was acting for Kelly Co. as well as himself was not disclosed by Robert to Durant. Robert cancelled the transaction to Durant and Kelly Co offer Durant to buy the diamond at a lower price Durant , subsequently discover ed that Robert is working with Kelly Co. Durant sue Robert for not disclosing his relationship with Kelly Co. Answer According to law of agency, Durant has the full right to sue Robert and Kelly because of the disclosure of information. 4.3 The rules relating to the rights of the third party, where the agent is unauthorised or has exceeded authority, are applied to a given fact situation. Brent, the principal, is movie actor in New Zealand TV series . He accepted movie projects through his talent scout or agent, Denise. All the talent fees of Brent were collected by Denise and deposited to Brent account as agreed by the two parties. One day when Denise got the talent fee of Brent amounting to NZ$ 100,000 from one of his major projects, Denise decided to give half of the amount to the charity which was supported by Brent long before. Her decision was done without the knowledge of Brent. (unit 11635, 2013) Answer From the given case, Denise action m ay be considered as unauthorised. This is because Brent did not give authority to Densie to donate money to the charity that had been supported by Brent long before. Element 5 Apply the law relating to the duties of a principal and an agent to each other, and the remedies for breach of duty. Performance criteria 5.1 The law relating to the duties of an agent is applied to a given fact situation. Ritchie, the secretary of Manurewa Rugby Team agrees, without reward, to purchase sets of playing gear for the team from a local manufacturer. He receives discounts for the purchases, but conceals this fact from the team and charges it in full price, putting in his pockets the difference. (unit 11635, 2013) Answer According to the above case, it is a breach of duty of care and law because Ritchie purchases the gear in given discount, but discloses this fact from the team members and charges the team in full price and puts in his pocket the difference. Kamal, the principal, owns a superette near the bus station in Albany. He wanted to go back to his hometown and stayed there for good. He called Aroha, a real estate agent, and made an agreement to sell his properties only for NZ$200,000 to NZ$250,00 because he needs to left the New Zealand as soon as possible Answer Under the law of agency, the agent (Aroha) was not suppose to disclose the confidential information to the buyer, as it might enable the buyer to get the superette in a much lower price. 5.2 The law relating to the duties of a principal is applied to a given fact situation. Range one of à ¢Ã¢â€š ¬Ã¢â‚¬Å" to pay commission, to indemnify. Dan, a famous basketball player left his team due to professional jealousy among team members. He was introduced by his former team mate to Jimmy Mcguire, a sports talent scout. The agreement between Dan and Jerry was made, that Jerry will find a team for Dan. After a month, Dan played in Heat Lakers and enjoyed his salary. Jerry asked for his commission but Dan denied and claimed that he knew personally the coach of the team which made him part of it. Answer According to the above situation the agreement was made between Dan and Jerry was that Jerry would find a team for Dan. After a month, Dan played in Heat Lakers and enjoyed his salary. Under the law of agency Dan had to pay commission to Jerry as per their agreement, but Den denied and claimed that he knew personally the coach of the team which made him part of it. 5.3 The remedies for breach of principalà ¢Ã¢â€š ¬Ã¢â€ž ¢s duties are applied to a given fact situation. Range one of à ¢Ã¢â€š ¬Ã¢â‚¬Å" pay commission, indemnify, termination of contract. NDB 502 class of Cambridge Academy secured the help of Auckland City Travel to scout for different small businesses operating in Wellington as part of their benchmarking activities. The travel agency started the work and contacted personally business owners in Wellington and arranged the schedule of the visit. They also had ocular visits to all the places where Cambridge Academy students chose to ensure success of the activity. They completed the work in three weeks times. When they called Cambridge Academy for the schedule of the trip, to their dismay, they were informed that they will not push through the activity due to financial problem. The agency insisted Cambridge Academy to pay the expenses and damages they incurred for their work but the Academy claimed that they will not pay because the activity was not pushed through. Answer There had been a breach of contract between Auckland City Travel and Cambridge Academy, Auckland City Travel had the right to sue Cambridge Academy because Cambridge Academy reserved the Auckland City Travel for organising the trip for the students. The agency after arranging everything, Cambridge Academy cancelled the trip due to financial problem. The agency insisted to the Academy to pay for the expenses and damages for the work done, but the Academy claimed that they will not pay because the activity was not pushed through. Cambridge Academy has to cover the expenses for the agency for the financial loss that they went to arrange for the trip. 5.4 The remedies for breach o f agents duties are applied to a given fact situation. Paula got a job through employment agency. Part of their agreement is to have Paula undergo drug test as part of company policy. For a year it was religiously followed by Paula, but the for the next year Paula did not submit his drug test result and discovered that he is using illegal drugs. The Employment agency dismisses Paulaà ¢Ã¢â€š ¬Ã¢â€ž ¢s contract with them. (unit 11635, 2013) According to the above situation, the employment agency can legally cancel Paulaà ¢Ã¢â€š ¬Ã¢â€ž ¢s agreement between them. As part of the agreement Paula had to undergo drug test every year. For the first year Paula completes his drug test but the following year he fails to undergo the drug test. It was later discovered that he was using illegal drugs. Reference ianz. (2013). apply the law of agency to given fact situation. auckland: ianz. unit 11635. (2013). apply the law of agency to given fact situation. auckland: ia nz. 1

Saturday, May 23, 2020

Essay Writing in Sixth Grade

<h1>Essay Writing in Sixth Grade</h1><p>In the Internet world, there are such huge numbers of educational assets on writing and composing and specifically on composing story expositions. Utilizing them will make your composing experience much increasingly charming and agreeable, and furthermore increment your composing abilities tremendously.</p><p></p><p>In 6th grade, one can begin composing papers about certain issues that issue to them. There are numerous points like music, network, work, and so on. And afterward composing story papers is one of the choices to take.</p><p></p><p>You can browse an assortment of exposition tests dependent on your own needs. There are diverse substance choices like fiction, life stories, journals, and numerous others. This article should comprise of some fundamental story. Utilizing these article tests, you can start composing your work.</p><p></p><p>A enormous assortment of paper tests are accessible on the web, which can assist you with beginning on your story exposition composing. On the off chance that you truly need to figure out how to compose a story, you can begin this sort of composing. Be that as it may, on the off chance that you simply need to enhance your capacity to assemble words into a strong story, you can begin composing these sorts of articles with your own idea.</p><p></p><p>It is significant that you don't simply depend on the possibility of your crowd to assist you with making a paper. You should include your own thoughts or characters to it. Albeit account expositions are composed from the perspective of the principle character, it is as yet considered as an article, since it has some plot points.</p><p></p><p>Tone ought to be kept up, particularly with regards to story. This sort of exposition is normally intended to introduce a particular occasion in the characters' l ives, yet at the same time conveys with it some show. You should consistently utilize a fitting tone when composing an account essay.</p><p></p><p>Use the assets from story paper tests and compose. Your work will without a doubt be agreeable and informative.</p>

Friday, May 22, 2020

Game of Thrones Hand Writing T Shirt

<h1>Game of Thrones Hand Writing T Shirt</h1><p>In the most recent scene of Game of Thrones, a young lady has no custom shirt round of seats hand composing game. All things considered, I sure expectation that Jaime doesn't bite the dust tonight.</p><p></p><p>I love the way that this scene shows the hand composing on individuals' countenances. I love the amazing way they made these countenances on faces. I like the possibility of the excellent hand composing on a red lettering with a delightful skull behind it.</p><p></p><p>This is so cool since we have all viewed the Dark Comet and seen the entirety of the tattoos. Presently we see the hands appearing on the countenances. What a magnificent thought? They work superbly close by composing all over and shirts and we love the possibility of them doing it for such a mainstream TV show.</p><p></p><p>Did you realize that there are a few sites online th at sell shirts with Game of Thrones hand composing? Here is a connect to the site where you can get your own Game of Thrones t shirt.</p><p></p><p>It is interesting how the pictures on the Dark Comet were very much done yet since you see the entirety of the structures that were made for Game of Thrones, it is a very surprising story. I simply love the delightful way every young lady is playing around with the hand composing. Furthermore, the plan of the skulls and hand composing is amazing.</p><p></p><p>It is incredible to see that the structures that were on the Dark Comet despite everything hold up today. There is unquestionably something special about them and it is certainly one of my top picks. The plans on the Dark Comet were extremely expert and they ensured that the structures were made by somebody who recognizes what they are doing.</p><p></p><p>I couldn't want anything more than to have a portion of th e hand composing for my young ladies when they grow up. I might want to offer them the chance to be engaged with making their own custom shirt with the one of a kind penmanship. I would likewise love to give them that it is so enjoyable to make shirts with hand composing and how much fun it is to get the custom shirt for them to wear on their unique days.</p><p></p><p>My young ladies would get the coolest Game of Thrones shirt for themselves on the off chance that they picked the Dark Comet shirt. It is actually an impact for them to have this kind of fun in the realm of fashion.</p>

Saturday, May 16, 2020

The Ancient Sources for the History of Ancient India

It used to be  said that the history of  India and the Indian Subcontinent  didnt begin until the Muslims invaded in the 12th century A.D. While thorough history-writing may stem from such a late date, there are earlier historical writers with 1st-hand knowledge. Unfortunately, they dont extend back in time as far as we might like or as far as in other ancient cultures. It is common knowledge that there is no corresponding equivalent on the Indian side. Ancient India has no historiography in the European sense of the word-in this respect the only historiographic civilizations of the world are the Graeco-Roman and Chinese ones...—Walter Schmitthenner, The Journal of Roman Studies When writing about a group of people who died thousands of years ago, as in ancient history, there are always gaps and guesses. History tends to be written by the victors and about the powerful. When history is not even written, as was the case in early ancient India, there are still ways to extract information—mostly archaeological, but also obscure literary texts, inscriptions in forgotten languages, and stray foreign notices, but it doesnt lend itself to straightline political history, the history of heroes and empires [Narayanan]. Although thousands of seals and inscribed artifacts have been recovered, the Indus script remains undeciphered. Unlike Egypt or Mesopotamia, this remains a civilization inaccessible to historians.... In the Indus case, while the descendents of urban dwellers and technological practices did not entirely disappear, the cities their ancestors had inhabited did. Indus script and the information it recorded also were no longer remembered.—Thomas R. Trautmann and Carla M. Sinopoli When Darius and Alexander (327 B.C.) invaded India, they provided dates around which the history of India is constructed. India did not have its own western-style historian before these incursions so reasonably reliable chronology of India dates from Alexanders invasion in the late 4th century B.C. Shifting Geographic Limits of India India originally referred to the area of the Indus River valley, which was a province of the Persian Empire. Thats how Herodotus refers to it. Later, the term India included the area bounded on the north by the Himalayas and Karakoram mountain ranges, the penetrable Hindu Kush in the northwest, and on the northeast, the hills of Assam and Cachar. The Hindu Kush soon became the border between the Mauryan empire and that of the Seleucid successor of Alexander the Great. Seleucid-controlled Bactria sat immediately to the north of the Hindu Kush. Then Bactria separated from the Seleucids  and independently invaded India. The Indus River provided a natural, but controversial border between India and Persia. It is said that Alexander conquered India, but Edward James Rapson of The Cambridge History of India Volume I: Ancient India says its only true if you mean the original sense of India -- the country of the Indus Valley -- since Alexander didnt go beyond the Beas (Hyphasis). Nearchus, an Eyewitness Source on Indian History Alexanders admiral Nearchus wrote about the Macedonian fleets travel from the Indus River to the Persian Gulf. Arrian (c. A.D. 87 - after 145) later used Nearchus works in his own writings about India. This has preserved some of Nearchus now lost material. Arrian says Alexander founded a city where the Hydaspes battle was fought, which was named Nikaia, as the Greek word for victory. Arrian says he also founded the more famous city of Boukephala, to honor his horse, also by the Hydaspes. The location of these cities is not clear and there is no corroborative numismatic evidence. [Source: The Hellenistic Settlements in the East From Armenia and Mesopotamia to Bactria and India, by Getzel M. Cohen, University of California Press: 2013.) Arrians report says that Alexander was told by inhabitants of Gedrosia (Baluchistan) about others who had used that same travel route. The legendary Semiramis, they said, had fled through that route from India with only 20 members of her army and Cambyses son Cyrus returned with only 7 [Rapson]. Megasthenes, an Eyewitness Source on Indian History Megasthenes, who stayed in India from 317 to 312 B.C. and served as ambassador of Seleucus I at the court of Chandragupta Maurya (referred to in the Greek as Sandrokottos), is another Greek source about India. He is quoted in Arrian and Strabo, where the Indians denied having engaged in foreign warfare with any but Hercules, Dionysus and the Macedonians (Alexander). Of the westerners who might have invaded India, Megasthenes says Semiramis died before invading and the Persians acquired mercenary troops from India [Rapson]. Whether or not Cyrus invaded northern India depends on where the border is or was set; however, Darius seems to have gone as far as the Indus. Native Indian Sources on Indian History Soon after the Macedonians, the Indians themselves produced artifacts that help us with the history. Particularly important are the stone pillars of the Mauryan king Ahsoka (c. 272- 235 B.C.) which provide the first glimpse of an authentic historical Indian figure. Another Indian source on the Mauryan dynasty is the Arthashastra of Kautilya. Although the author is sometimes identified as Chandragupta Mauryas minister Chanakya, Sinopoli and Trautmann say the Arthashastra was probably written in the second century A.D. Sources The Hour-Glass of India C. H. Buck, The Geographical Journal, Vol. 45, No. 3 (Mar., 1915), pp. 233-237Historical Perspectives on Ancient India, M. G. S. Narayanan, Social Scientist, Vol. 4, No. 3 (Oct., 1975), pp. 3-11Alexander and India A. K. Narain ,  Greece Rome, Second Series, Vol. 12, No. 2, Alexander the Great (Oct., 1965), pp. 155-165The Cambridge History of India Volume I: Ancient India  By Edward James Rapson, The Macmillan CompanyIn the Beginning Was the Word: Excavating the Relations between History and Archaeology in South Asia Thomas R. Trautmann and Carla M. Sinopoli​,  Journal of the Economic and Social History of the Orient, Vol. 45, No. 4, Excavating the Relations between Archaeology and History in the Study of Pre-Modern Asia [Part 1] (2002), pp. 492-523Two Notes on Seleucid History: 1. Seleucus 500 Elephants, 2. Tarmita W. W. Tarn​,  The Journal of Hellenic Studies, Vol. 60 (1940), pp. 84-94

Friday, May 8, 2020

Benefits Of Using A Journal Writing Service

Benefits Of Using A Journal Writing ServiceAn effective journal writing service can provide an excellent way to document your personal and professional experiences. Those who require a regular writing assignment for their journal will find that they are able to acquire a greater level of understanding from their writings, especially when they consider that those entries will ultimately form the basis of their professional and personal histories.An overview of various types of journals, from parents who wish to document their children's years of education, to new graduates who wish to record their experiences during their time of study, to business professionals who wish to build their own knowledge base, all can be found within the examples of these other groups of individuals. Even professionals who wish to document their own personal experience will find that journal writing service providers offer an alternative for them to have their journal entries captured and documented by exp erts.In addition to this, individuals who wish to record their own experiences may also need to take advantage of a journal writing service in order to ensure that their journal remains in their possession as a constant and ongoing experience-driven document. This is often due to a number of different reasons, but one of the most common issues relates to the fact that individuals often find themselves writing on a regular basis, but rarely take the time to document their daily experience.Journal writing service providers will often work alongside their clients to ensure that their journal remains fresh and up to date on a weekly basis. In addition to this, it will often be necessary for a client to make use of their journal for the purposes of gaining more insight into their life and environment.From helping individuals with practical advice for improving their living situation, or even suggesting ways that they can improve themselves in a positive manner, there are a vast number of benefits that they can find when they engage in journal writing service. These include ensuring that individuals get an insight into what might be beneficial for them, as well as how they could better their current circumstances.Through journal writing service, people will also be able to receive a greater insight into their surroundings and be better able to interact with others. This is particularly important for individuals who wish to discover new skills or learn new information as well as individuals who wish to obtain a better understanding of their personal circumstances.Regardless of whether you are looking to build a permanent piece of documentation that could be used for your own reasons, or you just need a regular diary entry to remind yourself of certain events that took place, a journal writing service will help you to achieve this goal. This is especially important for individuals who require a constant journal to keep themselves in the loop as to what is happening in their everyday lives.A journal writing service is the perfect option for individuals who require the written documenting of their life as well as those who are seeking a change in their life. In many instances, these are the same individuals who require a short term solution, and in these instances, it is imperative that individuals look for an all encompassing solution in which to do this.

Wednesday, May 6, 2020

Essay on Environmental Ethics - 2347 Words

Ethics is the study of what is right and wrong in human conduct. Environmental ethics studies the effects of human’s moral relationships on the environment and everything within it (Stanford Encyclopedia of Philosophy, 2008). The ethical principles that govern those relations determine human duties, obligations, and responsibilities with regard to the Earth’s natural environment and all of the animals and plants that inhabit it (Taylor, 1989). The purpose of this paper is to reveal environmental issues that are threatening the existence of life on Earth, and discus our social obligations to refrain from further damaging our environment, health and life for future generations. I will discus the need for appropriate actions and the ethical†¦show more content†¦These perspectives are anthropocentric or human centered and view all non-human life as less important than humans themselves. Environmental ethics challenges these beliefs by questioning the assumed moral superiority of human beings to members of other species on earth (SEP, 2008). Preservation of the environment is essential to the preservation of the human race. Global Warming is the number one concern threatening the very existence of humans and everything within the environment today. The human race is to blame for the destruction of the natural world. The environmental issues that are threatening all human and non-human life today, started in the industrial revolution and the discovery of oil The need to improve the quality of life resulted in the construction of factories to mass produce products for consumers. These factories were powered by fossil fuels such as coal, oil and gas. The combustion of these fossil fuels emitted great quantities of pollutants that remain in the Earths atmosphere to this day and is the number one cause of global warming. However, in ethics one cannot evaluate just one thing. In ethics, as in nature, everything is connected to everything else (Partr idge, 1998). Deforestation for agricultural purposes and the expansion of human habitats is happening around the world. ThisShow MoreRelatedCreating an Environmental Ethic Essay1418 Words   |  6 PagesCreating an Environmental Ethic Traditionally, Western views of environment ethics has been unclear and for the most part unnecessary. We used earth’s resources without thinking about consequence. This nonchalant use aided in the West’s ability to influence the world through technological advances. In the past, limited travel and slow communication systems had limited our view to a local one. If pollution or to much urbanization occurred the solution was to move. 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Tuesday, May 5, 2020

Mathew Shepard Case Brief Essay Example For Students

Mathew Shepard Case Brief Essay Matthew Shepard Case BriefFacts: Twenty one year old, University of Wyoming college student, Matthew Shepard, died October 12, 1998 at 12:53 a.m. after spending five days in a comma due to massive injuries and head trauma in a robbery and hate crime assault (Matthew Shepard, 2000 on-line). Matthew Shepard met Aaron McKinney (22) and Russell Henderson (21) of Laramie in a local bar called Fireside Lounge. McKinney and Henderson had been drinking. The two led Shepard to believe they were gay and lured Shepard to their truck. McKinney pulled out a gun and said, Guess what- were not gay and youre gonna get jacked. McKinney then told Shepard to give him his wallet. When Shepard refused, McKinney hit him with the gun. With Henderson behind the wheel, McKinney continued to strike Shepard. McKinney then told Henderson to get a rope out of the truck. McKinney allegedly tied Shepards beaten body to a wooden split-rail post fence, robbed him of his wallet and patent leather shoes, continued to beat him and left him to die for over 18 hours. Chasity Vera Pasley (20) and Krista Lean Price (18), the suspects girlfriends, hid the bloody shoes of Henderson and provided the suspects with alibis. Shepards shoes, coat and credit card were found in McKinneys pick-up truck; his wallet was found in McKinneys home. A .357 Magnum was also found in McKinneys home (Matthew Shepard, 2000 on-line). On April 5, 1999, 22 year old, Aaron McKinney was found guilty of felony murder, second-degree murder, kidnapping and robbery. 21 year old, Russell Henderson pled guilty to kidnapping and felony murder and was sentenced to two consecutive life terms. Two women described as the suspects girlfriends, Chasity Vera Pasley (20) and Krista Lean Price (18) were charged as accessories after the fact of first-degree murder (The Data Lounge, Issues 2000, on-line). Issues: Aaron James McKinney seemed to believe that his allegation that Shepard had made a pass at him was sufficient grounds to justify joining with friend Russell Henderson in savagely beating Shepard, clubbing him with a handgun, lashing him to a wooden fence and leaving him to die. McKinneys attorney wanted the jury to accept that because McKinney has a homosexual encounter when he was younger and that he was under the influence of both drugs and alcohol when he alleges Shepard made a pass at him, that he was therefore not responsible for his actions. The theory was that the combination of those factors created a gay panic within McKinney, meaning that it amplified McKinneys own homophobia combined with a self-loathing fear that he might be gay and that it was this combination which created rage sufficient to result in the death of Matthew Shepard (Gay/Lesbian Issues, 2000, on-line). Henderson wished to change his plea. He agreed to plead guilty to kidnapping and to felony murder with robbery as the underlying cause (Cullen, Dave, 1999, on-line). Decision: In regards to McKinney, the judge ruled that the defense was not admissible because, in a limited ruling, that the defense constituted a form of diminished capacity, or temporary insanity, defenses which are not valid under Wyoming law (Gay/Lesbian Issues, 2000, on-line). In regards to Henderson, he would accept the two life sentences to avoid the death penalty. The charge of premeditated murder would be dropped. The judge accepted the verdict and unveiled his next surprise. Henderson would waive his right to a pre-sentencing investigation, and the sentencing phase would commence on the spot (Cullen, Dave, 1999, on-line). Reasons: In Wyoming, life means life; no chance for parole, only the unlikely prospect of a commutation by a future governor. By imposing the sentences consecutively, for Henderson, the judge wanted to make a statement and he did so (Cullen, Dave, 1999, on-line).The judge said, At the very least, you stood by while he was struck again and again and again (Cullen, Dave, 1999, on-line). Comments: Wyoming has now passed a Hate Crimes Prevention Act. President Clinton plans to endorse a bill that would expand federal hate crime laws to include offenses based on sexual orientation. Under the bill, the current law would be expanded so that the Justice Department could prosecute crimes based on a persons sex,