535 research outputs found
Trusts - Resulting and Constructive Trusts - Rights of Third-Party Donee to Enforce Oral Trust of Land
Plaintiff alleged that her husband, having paid the purchase price on land intended as a: gift for her, caused title to be taken in the name of defendant to hold as trustee. There was, however, no written evidence to support these contentions. Plaintiff further alleged that she took possession and made valuable permanent improvements on the land with the approval of both her husband and defendant. One year after the husband\u27s death and three years after plaintiff\u27s entrance, defendant filed suit for possession. In the present action to enjoin that suit and to establish her ownership, the lower court held that plaintiff failed to state a claim. On appeal, held, reversed, one judge dissenting. If plaintiff\u27s allegations are accepted as true, her complaint sets out facts upon which relief could be granted. Either a resulting trust or a constructive trust might be imposed in plaintiff\u27s behalf. Binz v. Helvetia Florida Enterprises, (Fla. App. 1958) 104 S. (2d) 124
Evidence - Character Testimony - Impeachment Through Reference to Prior Specific Acts of Defendant
Defendant, on trial for arson, presented a character witness who testified that defendant\u27s reputation in the community was good. During cross-examination the prosecutor asked if the witness had heard that defendant had been arrested for or convicted of various specific crimes in other states. No objection was made by the defense, and the trial judge took no action. The witness answered no to each question, and subsequently a jury verdict of guilty was returned. On appeal, held, reversed and remanded, three judges dissenting. Failure of the trial judge, before allowing such cross-examination, to ascertain on his own motion and out of the presence of the jury the actuality of the arrests or convictions, the time of their occurrence and their relevance to the question of reputation, and the failure of the trial judge properly to instruct the jury to limit its consideration of the prosecutor\u27s questions solely to the weight of the character testimony deprived defendant of a fair trial. People v. Dorrikas, 354 Mich. 303, 92 N.W. (2d) 305 (1958)
The effect of training on reaction time
A visual enhancement training program utilizing the Eyespan was evaluated for its effect on reaction time (RT} and motor response time (MRT). The RT\u27s and MRT\u27s of 47 subjects were measured under identical conditions before and after a training program. Twenty four experimental subjects participated in a three week training program involving a minimum of 15 five minute sessions with the Eyespan. The other twenty three subjects served as the control for the study. After the training program, results indicated a significant improvement in RT\u27s and MRT\u27s of the experimental group in comparison to the control group. Since the effect of training with the Eyespan appears to be transferrable, it may be possible to improve athletic performance by improving RT\u27s and MRT\u27s through this type of visual enhancement therapy
Large Magellanic Cloud Planetary Nebula Morphology: Probing Stellar Populations and Evolution
Planetary Nebulae (PNe) in the Large Magellanic Cloud (LMC) offer the unique
opportunity to study both the Population and evolution of low- and
intermediate-mass stars, by means of the morphological type of the nebula.
Using observations from our LMC PN morphological survey, and including images
available in the HST Data Archive, and published chemical abundances, we find
that asymmetry in PNe is strongly correlated with a younger stellar Population,
as indicated by the abundance of elements that are unaltered by stellar
evolution (Ne, Ar, S). While similar results have been obtained for Galactic
PNe, this is the first demonstration of the relationship for extra-galactic
PNe. We also examine the relation between morphology and abundance of the
products of stellar evolution. We found that asymmetric PNe have higher
nitrogen and lower carbon abundances than symmetric PNe. Our two main results
are broadly consistent with the predictions of stellar evolution if the
progenitors of asymmetric PNe have on average larger masses than the
progenitors of symmetric PNe. The results bear on the question of formation
mechanisms for asymmetric PNe, specifically, that the genesis of PNe structure
should relate strongly to the Population type, and by inference the mass, of
the progenitor star, and less strongly on whether the central star is a member
of a close binary system.Comment: The Astrophysical Journal Letters, in press 4 figure
Female harbor seal (Phoca vitulina) behavioral response to playbacks of underwater male acoustic advertisement displays
Ca II and Na I Quasar Absorption-Line Systems in an Emission-Selected Sample of SDSS DR7 Galaxy/Quasar Projections: I. Sample Selection
The aim of this project is to identify low-redshift host galaxies of quasar
absorption-line systems by selecting galaxies which are seen in projection onto
quasar sightlines. To this end, we use the Seventh Data Release of the Sloan
Digital Sky Survey (SDSS-DR7) to construct a parent sample of 97489
galaxy/quasar projections at impact parameters of up to 100 kpc to the
foreground galaxy. We then search the quasar spectra for absorption line
systems of Ca II and Na I within +- 500 km/s of the galaxy's velocity. This
yields 92 Ca II and 16 Na I absorption systems. We find that most of the Ca II
and Na I systems are sightlines through the Galactic disk, through High
Velocity Cloud complexes in our halo, or Virgo cluster sightlines. Placing
constraints on the absorption line rest equivalent width significance (>=3.0
sigma), the Local Standard of Rest velocity along the sightline (>= 345 km/s),
and the ratio of the impact parameter to the galaxy optical radius (<=5.0), we
identify 4 absorption line systems that are associated with low-redshift
galaxies at high confidence, consisting of two Ca II systems (one of which also
shows Na I), and two Na I systems. These 4 systems arise in blue, L_r^*
galaxies. Tables of the 108 absorption systems are provided to facilitate
future follow up.Comment: 13 pages, 11 figures, 6 tables; online data included in electronic
version as 1 FITS table and 2 machine readable tables; to be published in The
Astronomical Journa
Search for Interstellar Water in the Translucent Molecular Cloud toward HD 154368
We report an upper limit of 9 x 10^{12} cm-2 on the column density of water
in the translucent cloud along the line of sight toward HD 154368. This result
is based upon a search for the C-X band of water near 1240 \AA carried out
using the Goddard High Resolution Spectrograph of the Hubble Space Telescope.
Our observational limit on the water abundance together with detailed chemical
models of translucent clouds and previous measurements of OH along the line of
sight constrain the branching ratio in the dissociative recombination of H_3O+
to form water. We find at the level that no more than 30% of
dissociative recombinations of H_3O+ can lead to H_2O. The observed spectrum
also yielded high-resolution observations of the Mg II doublet at 1239.9 \AA
and 1240.4 \AA, allowing the velocity structure of the dominant ionization
state of magnesium to be studied along the line of sight. The Mg II spectrum is
consistent with GHRS observations at lower spectral resolution that were
obtained previously but allow an additional velocity component to be
identified.Comment: Accepted by ApJ, uses aasp
National Launch System cycle 1 loads and models data book
This document contains preliminary cycle 1 loads for the National Launch System (NLS) 1 and 2 vehicles. The loads provided and recommended as design loads represent the maximum load expected during prelaunch and flight regimes, i.e., limit loads, except that propellant tank ullage pressure has not been included. Ullage pressure should be added to the loads book values for cases where the addition results in higher loads. The loads must be multiplied by the appropriate factors of safety to determine the ultimate loads for which the structure must be capable
Interstellar and Circumstellar Optical & Ultraviolet Lines Towards SN1998S
We have observed SN1998S which exploded in NGC3877, with the UES at the WHT
and with the E230M echelle of STIS aboard HST. Both data sets were obtained at
two seperate epochs. From our own Galaxy we detect interstellar absorption
lines of CaII, FeII, MgI, and probably MnII from the edge of the HVC Complex M.
We derive gas-phase abundances which are very similar to warm disk clouds in
the local ISM, which we believe argues against the HVC material having an
extragalactic origin. At the velocity of NGC3877 we detect interstellar MgI,
MgII, MnII, CaII, & NaI. Surprisingly, one component is seen to increase by a
factor of ~1 dex in N(NaI) and N(MgI) between the two epochs over which the
data were taken. Unusually, our data also show narrow Balmer, HeI, and
metastable FeII P-Cygni profiles, with a narrow absorption component
superimposed on the bottom of the profile's absorption trough. Both the broad
and narrow components of the optical lines are seen to increase substantially
in strength between the two epochs. Most of the low-ionization absorption can
be understood in terms of gas co-rotating with the disk of NGC 3877, providing
the SN is at the back of an HI disk with a similar thickness to that of our own
Galaxy. However, the variable absorption components, and the classic P-Cygni
emission profiles, most likely arise in slow-moving circumstellar outflows
originating from the red supergiant progenitor of SN1998S. [Abridged.]Comment: Accepted by ApJ, 26 pages including 9 figure
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