Which of the following would be used to resolve buyer/seller disputes related to global shipping and packaging?
World Trade Organization (WTO)
General Agreement on Tariffs and Trade (GATT)
North American Free Trade Agreement (NAFTA)
Convention on Contracts for the Sale of Goods (CISG)
Which of the following is likely to obligate to a fiduc iary responsibility?
For which of the following is credit card purchases the MOST appropriate?
Which of the following would generally NOT be accepted methods of payment for goods acquired through international procurement?
Letters of credit.
Payment after receipt and inspection.
Payment upon receipt of documented evidence of shipment.
has placed an orde r that called for delivery to be F.O.B. Shipping Point, with Freight Allowed to Destination. On delivery the purchasing manager discovers that the material was damaged in transit. What should the purchasing manager do?
File a claim with the transportation company for repair and replacement costs.
Notify the supplier and request that it file the claim and reship the material.
Have repairs made to the material and backcharge the supplier.
Refuse to accept the shipment and reorder the material.
Which of the following BEST defines the concept of "sharp" buying practices?
Negotiating with more than one supplier.
Developing a supplier alliance for strategic materials.
Misleading a supplier about the actual quantity that the buyer intends to purchase.
Reporting verified information about a supplier's financial problems to management.
On which of the following do most state and local governments establish a supplier base?
Interactions between purchasing and the supplier.
Interactions between the using department and the supplier.
Which of the following is LEAST likely to result from a supplier dealing directly with several user departments within ?
Confusion and uncertainty.
Lower total acquisition costs.
Bureaucratic problems for purchasing.
Increased supplier knowledge about the organization.
Which piece of legislation is designed to prevent monopolies by outlawing discrimination in pricing due to conspiracies or combinations that act in restraint of trade?
The Clayton Act.
The False Claims Act.
The Davis-Bacon Act.
The Robinson-Patman Act.
has won a grant from the federa l government to construct and operate a standard weather observation station and equipment structure. On the basis of which of the following would the construction contract for the weather observation station and equipment structure be awarded?
Letter of intent.
Competitive sealed bid.
Competitive sealed proposal.
Student design and build competition.
You work as a buyer at . You have responsibility for the purchase of capital equipment. You receive an emergency call from the plant manager, requesting the purchase of a special generator that costs $100,000. The existing generator is old and causing problems, and the repair company can no longer guarantee future repairs. Normal leadtime for delivery of the special generator is 20 weeks. However, the plant manager has requested delivery of the new generator within 30 days. Which of the following should you do FIRST?
Insist that the plant manager submit a properly approved and funded requisition for the new generator.
Determine the current cost of the new generator and additional costs related to short-time-interval ordering, expediting, and premium transportation.
Contact the repair company to determine the extent of the existing generator's problems before taking any action.
Quickly contact potential suppliers to determine availability of the new generator.
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Reginald MORGAN, Appellant, v. John RABUN; Lori Derosear, D.O.; John Twiehaus; Myra Ward, R.N.; Jerlean Williams, R.N.; Wardell Hardy, R.N.; Ron Scharer, R.N.; Rosemary Gardner, R.N.; Theodor Rankin, II, L.P.N.; Willie Thomas, R.N., Appellees.No. ninety seven-1041. decided: November 10, 1997 before BOWMAN, Circuit decide, HENLEY, Senior Circuit decide,1 and MORRIS SHEPPARD ARNOLD, Circuit choose.Margaret Hart-Mahon, St. Louis, MO, argued, for appellant. Hugh L. Marshall, Jefferson metropolis, MO, argued (Jeremiah W. (Jay) Nixon, Atty. frequent, on the brief), for appellee.
Reginald Morgan filed swimsuit beneath 42 united statesC. § 1983 (1994) claiming that Dr. John Rabun and his personnel administered psychotropic medication to Morgan against his will in violation of his rights beneath the Due process Clause of the Fourteenth modification. Dr. Rabun turned into Morgan's treating healthcare professional on the St. Louis State health center, where Morgan had been committed. The District courtroom 2 granted summary judgment in choose of the defendants. Morgan now appeals the judgment of the District court docket. We verify.
In November 1992, Morgan was indicted for first diploma assault, armed criminal action, and unlawful use of a weapon. Morgan had allegedly stabbed a man with a butcher knife. The state trial court discovered that based upon a psychiatric evaluation of Morgan, he “lack[ed] the mental fitness to proceed” with trial and ordered Morgan dedicated for evaluation to the custody of the Director of the branch of mental fitness. Appellant's App. at 737. Morgan become admitted to St. Louis State sanatorium on February 22, 1993.
In March 1994, the courtroom ordered that Morgan stand acquitted of the charges “on the floor of intellectual disease or defect except for accountability.” id. at 739. The courtroom dedicated Morgan “for care and medicine” to the Director of the department of intellectual health. id. The courtroom stated that Morgan “suffers from Schizophrenia chronic Paranoid type.” identity. at 738.
Dr. Rabun become Morgan's treating healthcare professional on the State sanatorium from February 22, 1993 until August eleven, 1994. Upon Morgan's admission on February 22, Dr. Rabun performed a psychiatric examination and filled out an assessment file. within the file, Dr. Rabun wrote:
The affected person turned into uncooperative in regularly occurring and evidenced an aloof/suspicious demeanor․ The patient turned into markedly antagonistic on examination and even started the interview by stating “i am antagonistic.” The patient made a lot of threats right through the interview ․ [like] “you are nagging me like an animal, always people get in main issue when they nag me like an animal.” The patient mentioned that he had “homicidal ideas but i am not going to inform you about any of that.” ․ The affected person ․ had the evident antagonistic and dangerous demeanor. three
id. at 699-700. Morgan also admitted to Dr. Rabun that he had previously been convicted of homicide and served time within the state prison. identification. at 697. based mostly upon “the character of the charges in opposition t him and his hostility towards [Dr. Rabun] and overt threats,” Dr. Rabun discovered Morgan “definitely dangerous to others” and licensed forced remedy. id. at 701. On February 22, he changed into given an injection of psychotropic medicine.
The 2nd event on which Morgan changed into forcibly administered psychotropic remedy changed into July 21, 1993. Morgan had turn into agitated in the patient lounge and started knocking pool balls and swinging a pool cue. He tore the internet off of a ping pong table and tried to tear the steel brackets. Morgan told the staff, “i'm dropping my intellect, i'm going loopy, I can't handle myself.” identification. at 570. Morgan admits making these statements. Morgan Aff. para. 6. Dr. Rabun ordered an injection and five-factor leather restraints “in order that both the affected person and others would no longer be in danger.” Rabun Aff. para. 14.
apart from the two forced injections, Morgan customarily drank his oral medicine with out incident. every so often Morgan would refuse or spit out the treatment.
Morgan admits, although, that the medicinal drugs were by no means forcibly administered when he refused to comply with his medicine. Morgan Dep. at 31-32.
Morgan claims that Dr. Rabun administered these psychotropic medicines in violation of the Due procedure Clause of the Fourteenth modification. principally, Morgan argues that Dr. Rabun violated his substantive due system rights on the two events when Morgan became forcibly injected. Morgan additionally asserts that Dr. Rabun's resolution to deal with Morgan involuntarily with psychotropic drugs on an everyday basis violated his procedural due process rights. as a result of we agree that the undisputed facts set up that Morgan's due technique rights had been not violated, we verify the District court docket's provide of abstract judgment.
We assessment a supply of abstract judgment de novo. See Coplin v. Fairfield Pub. entry tv Comm., 111 F.3d 1395, 1401 (8th Cir.1997). summary judgment is relevant if, taking all of the statistics and economical inferences within the light most favorable to the non-relocating birthday party, “there isn't any precise concern as to any fabric reality and ․ the moving birthday celebration is entitled to a judgment as a rely of legislations.” Fed.R.Civ.P. 56(c).
We have to examine no matter if Morgan's proof is ample to allow an affordable jury to discover that Dr. Rabun violated Morgan's due method rights. The concern always has “each important and procedural elements.” Washington v. Harper, 494 U.S. 210, 220, a hundred and ten S.Ct. 1028, 1035, 108 L.Ed.second 178 (1990). The great difficulty involves defining the covered constitutional interest, in addition to settling on the conditions under which competing pursuits may also outweigh it. See Mills v. Rogers, 457 U.S. 291, 299, 102 S.Ct. 2442, 2448, seventy three L.Ed.second 16 (1982). The procedural subject issues the minimal process required by the charter. See id.
A. significant Due process
under the Due procedure Clause of the Fourteenth amendment, there is no doubt that Morgan “possesses a big liberty pastime in warding off the undesirable administration of antipsychotic drugs.” Harper, 494 U.S. at 221-22, 110 S.Ct. at 1036-37. Psychotropic medication alter the chemical steadiness in a affected person's mind and might produce critical, even deadly, aspect effects. See identity. at 229, one hundred ten S.Ct. at 1040. besides the fact that these data, a person's liberty activity in averting forcible administration of psychotropic medication is not unconditional. We should steadiness this liberty interest towards the valuable state pastimes to assess even if Morgan's constitutional rights were violated. See Youngberg v. Romeo, 457 U.S. 307, 320-21, 102 S.Ct. 2452, 2460-sixty one, seventy three L.Ed.2nd 28 (1982).
earlier than we discuss the federal constitutional points of major due system, however, we should first assess to what extent, if any, Missouri's relevant state laws give additional protections.4 The Federal Due technique Clause defines most effective the minimum protections required. State law, youngsters, can also admire greater wide liberty interests than the Federal charter. See Mills, 457 U.S. at 300, 102 S.Ct. at 2448. These state-created liberty pursuits are entitled to protection under the Fourteenth change's Due process Clause. See identity. regarding the two cases of pressured injections, the primary Missouri statutes study 630-005 in pertinent part:
1. No affected person, resident or client of a residential facility or day program operated, funded or licensed by way of the branch [of mental health] can be subject to actual or chemical restraint, isolation or seclusion until it depends upon the top of the ability or the attending licensed general practitioner to be necessary to offer protection to the affected person, resident, client or others.
Mo.Rev.Stat. § 630.175.1 (1986). Chemical restraint is described as:
[M]edication administered with the primary intent of restraining a patient who gifts a likelihood of significant actual harm to himself or others, and never prescribed to treat an individual's scientific condition.5
Mo.Rev.Stat. § 630.005.1.(three) (Supp.1991). These Missouri statutes create no further rights that lengthen beyond the Federal charter. The statute requires no more than the constitutional requirement discussed infra-a finding that the patient gifts a danger to himself or others. for this reason, the Federal Due procedure Clause sets the general through which to verify no matter if Dr. Rabun violated Morgan's substantive rights.
The Supreme court has held that “given the necessities of the prison atmosphere, the Due manner Clause allows the State to deal with a prison inmate who has a significant mental affliction with antipsychotic drugs towards his will, if the inmate is bad to himself or others and the medicine is within the inmate's scientific activity.” Harper, 494 U.S. at 227, 110 S.Ct. at 1039. The governmental pastimes in working a state mental health center are an identical in material elements to that of running a jail. administrators have a a must have interest in making certain the defense of their group of workers, different sufferers, and naturally in making certain the patients' personal safety. as a consequence, we follow the Harper commonplace to this case. If Dr. Rabun found Morgan to be a danger to himself or others, then Morgan's sizeable due process rights had been no longer violated.
Our function isn't to examine conclusively that Morgan changed into certainly dangerous. reasonably, we need to quite simply ensure that Dr. Rabun exercised knowledgeable judgment in making the resolution that Morgan changed into unhealthy. See Youngberg, 457 U.S. at 321, 102 S.Ct. at 2460 (adopting the ordinary that “the constitution handiest requires that the courts be sure that knowledgeable judgment truly become exercised”). To a constrained extent, this requires us to check the bases upon which Dr. Rabun made such a decision. See Cochran v. Dysart, 965 F.2nd 649, 650-51 (eighth Cir.1992) (remanding case to district court docket for evaluation of files on which treating medical professional relied in authorizing involuntary remedy). We beginning from a presumption that the selections made via professionals are proper. See Youngberg, 457 U.S. at 323, 102 S.Ct. at 2462.
We discover that on each situations when Morgan changed into forcibly injected, Dr. Rabun exercised his skilled judgment in deciding on that Morgan changed into dangerous. the first time Morgan become injected became upon his admission to the sanatorium. Dr. Rabun determined that Morgan turned into dangerous based upon the character of the crime that ended in his dedication and his hostile demeanor. Morgan denies asserting that he had homicidal ideas or that he made any threats when he was admitted. He claims this is a question of undeniable fact that should still be decided by way of a jury. however in spite of the fact that we accept Morgan's self-serving denials as genuine, there is still enough other proof to fulfill us that Dr. Rabun exercised his professional judgment in concluding that Morgan became bad. Morgan had just been committed to the state health center for stabbing a person primarily based upon lively psychotic beliefs. in advance of that, Morgan additionally had committed murder. in the admission interview, Dr. Rabun had designated his observations of Morgan and recorded parts of their conversations. The assessment document obviously indicates Morgan was unstable and doubtlessly bad. definitely, Morgan admits telling Dr. Rabun within the interview that he turned into hostile. eventually, Morgan features out that he had been in metropolis reformatory for six months earlier than his health center admission without remedy and did not trigger injury to himself or others. but the undeniable fact that Morgan was in this type of unstable environment for six months, unmedicated, and harboring active psychotic beliefs in reality weighs in desire of Dr. Rabun's resolution that he was probably unhealthy.
The 2nd event on which Dr. Rabun authorized a pressured injection was when Morgan began swinging a pool cue, knocking pool balls, and tearing up a ping-pong table in the patient lounge. Morgan informed the personnel he turned into going crazy and dropping handle. in this circumstance, Dr. Rabun clearly exercised skilled judgment in settling on that Morgan was a danger to himself and others. even if Morgan claims it changed into his remedy that caused him to lose manage, he isn't qualified to make this decision. See Kayser v. Caspari, 16 F.3d 280, 281 (8th Cir.1994) (noting that self-prognosis by myself can't set up a scientific truth). And besides the fact that Morgan didn't threaten any person in my view and destroyed best “property,” we do not require that a person definitely endure damage before medication can also be authorized.
B. Procedural Due procedure
Morgan claims his procedural due procedure rights had been violated when Dr. Rabun determined to treat Morgan with antipsychotic medicine for basically eighteen months. Procedural due system involves ascertaining “even if the State's nonjudicial mechanisms used to examine the data in a particular case are adequate.” Harper, 494 U.S. at 220, 110 S.Ct. at 1035. From February 22, 1993 through August 11, 1994, Dr. Rabun and his group of workers administered oral medicines to Morgan. On most occasions, Morgan took the medicines. Morgan contends, although, that on everyday he took his drugs orally, it was involuntary.
Like noticeable due method, procedural due method is intertwined with state legislation considerations. See Mills, 457 U.S. at 299, 102 S.Ct. at 2448. for this reason, we have to begin this discussion by means of choosing even if Missouri has conferred procedural protections that lengthen beyond the minimum constitutional requirements. See identity. at 300, 102 S.Ct. at 2448.
Morgan is alleging a procedural due method violation only with recognize to the every day, oral doses of medicine. The relevant Missouri statute read 630-005s:
field to other provisions of this chapter, the top of a intellectual fitness or intellectual retardation facility may authorize the clinical and surgical remedy of a patient or resident below the following instances:
(1) Upon consent of a patient or resident who's capable;
(2) Upon consent of a mother or father or criminal guardian of a patient or resident who's a minor or legally incapacitated;
(three) Pursuant to the provisions of chapter 431, RSMo;
(4) Pursuant to an order of a court docket of read 630-005y jurisdiction.
Mo.Rev.Stat. § 630.183 (1986) (emphasis introduced). The strategies set forth during this statute create no extra constitutionally blanketed interests. In Hewitt v. Helms, 459 U.S. 460, 472, 103 S.Ct. 864, 871, seventy four L.Ed.2d 675 (1983), the Supreme court held that state laws atmosphere forth procedural restrictions tackle constitutional significance handiest if these laws include “explicitly obligatory language in reference to requiring certain great predicates.”
The Supreme court docket has rejected the Hewitt methodology when the source of the claimed liberty pastime derives from a jail law. See Sandin v. Conner, 515 U.S. 472, 480-84, a hundred and fifteen S.Ct. 2293, 2298-300, 132 L.Ed.2nd 418 (1995). The Supreme courtroom held that in its place of attempting to find necessary language in a jail law, courts should still verify whether the claimed violation “latest[s] the type of abnormal, gigantic deprivation in which a State might conceivably create a liberty activity.” identity. at 486, one hundred fifteen S.Ct. at 2301. Sandin, besides the fact that children, does not observe to this case. In Sandin, the court docket primarily limited its reasoning to penal complex rules:
[The search for negative implication from mandatory language] may be completely sensible in the general project of construing a statute defining rights and treatments available to the customary public. it is a fine deal much less brilliant within the case of a prison law basically designed to guide correctional officials in the administration of a prison.
id. at 481-82, one hundred fifteen S.Ct. at 2298-ninety nine. right here we're dealing with a state statute promulgated under a scheme which delineates its goals totally “for the residents of this state,” i.e., the ordinary public, as opposed to a jail legislation. Mo.Rev.Stat. § 630.020.1 (1986). additionally, the Supreme court reasoned that jail laws should be analyzed in another way than other statutes as a result of “such laws [are] not designed to confer rights on inmates.” Sandin, 515 U.S. at 482, a hundred and fifteen S.Ct. at 2299. The Missouri legislature above all positioned section 630.183 under the “sufferers' Rights” area. therefore, this is not the category of statute to which the Sandin “abnormal, enormous deprivation” analysis turned into supposed to follow.
because Sandin doesn't apply, we return to the Hewitt analysis. area 630.183 doesn't use “necessary” language in describing limits placed upon state officers' behavior. See Dautremont v. Broadlawns Hosp., 827 F.2nd 291, 299 (8th Cir.1987). as a substitute, the statute uses the notice “may also,” as antagonistic to “can also simplest.” this is discretionary language. See identity. (discovering “may additionally” language discretionary); cf. Hewitt, 459 U.S. at 471-seventy two, 103 S.Ct. at 871-seventy two (finding language similar to “shall,” “will,” or “must” necessary).
The statute does not create a federally included liberty interest in its tactics. for this reason, we seem to be only to the Due procedure Clause in deciding on what minimal processes are required. In selecting what strategies are required beneath the Due system Clause, we steadiness the deepest interest at stake, the chance of misguided deprivation of such pastime, and the governmental pursuits worried. See Mathews v. Eldridge, 424 U.S. 319, 335, ninety six S.Ct. 893, 903, 47 L.Ed.2d 18 (1976).
We don't need to operate the Mathews balancing check, however, as a result of Morgan's facts fails to create a fact concern as to whether he took these oral medicines voluntarily. Morgan claims his compliance become involuntary because he feared that his refusal to cooperate would effect in the forced administration of the treatment. but Morgan admits that he became under no circumstances compelled to take the medication when he did refuse to conform. additionally, nothing in the list establishes that Dr. Rabun knew Morgan was taking the drugs out of worry. simplest if Morgan had made Dr. Rabun conscious that his consent became involuntary might Dr. Rabun have tried to bounce via any essential procedural hoops. See Doby v. Hickerson, 120 F.3d 111, 113 (8th Cir.1997). there's without problems nothing in the checklist to suggest that Dr. Rabun forcibly administered these oral doses.
definitely, the record suggests the contrary. as an example, on April 12, 1993, when Dr. Rabun changed Morgan's each day remedy from Haldol to Prolixin, he wrote “[Patient] asking for a [change] in medicines. wants to [discontinue] his Haldol and consents to a trial of Prolixin; aspect results defined to [patient]․” Appellant's App. at 712. this means Morgan turned into taking each drugs on a voluntary groundwork and shows that Dr. Rabun honored Morgan's request to stop taking Haldol. Morgan can not now quite simply leisure on bare assertions. in any other case, plaintiffs corresponding to Morgan could prevent summary judgment purely by means of asserting they took their prescribed medicine out of worry. There changed into no constitutional violation because the record indicates that Morgan voluntarily took his treatment.
In conclusion, we cling that Dr. Rabun didn't violate Morgan's substantial due system rights, nor did he violate Morgan's procedural due technique rights. consequently, we verify the District courtroom's supply of summary judgment.
2. The Honorable Jean C. Hamilton, Chief decide, u.s. District court for the eastern District of Missouri.
3. youngsters Morgan admits he instructed Dr. Rabun he was opposed, Morgan denies asserting “that [he] had homicidal concepts or that ‘americans who hold nagging me like animals might get harm,’ or any statements of identical import.” Morgan Aff. para. four.
4. in their briefs, neither birthday celebration discusses important Missouri state law and its knowledge effect on the noticeable due system question. We interact in the dialogue as a result of “[f]or functions of settling on precise rights and tasks ․ questions of state law cannot be avoided.” Mills v. Rogers, 457 U.S. 291, 300, 102 S.Ct. 2442, 2448, seventy three L.Ed.2d 16 (1982).
5. The District courtroom cited that part 630.a hundred seventy five.1 and area 630.005.1(3) didn't follow “[b]ecause [Morgan] bought the involuntary injections of haldol and prolixin as a part of a medicine regimen and not as a kind of chemical restraint.” Morgan v. Rabun, No. 4:94CV909, Mem. and Order at eight (E.D.Mo. Nov. 26, 1996). youngsters, upon examination of Dr. Rabun's precise prescription orders, it seems clear that the compelled injections had been used as a kind of chemical restraint. See Appellant's App. at 705. Dr. Rabun ordered Haldol and Ativan intramuscular (by using injection) or orally “prn-agitation,” meaning as obligatory for agitation. identity. He added that the two medicinal drugs may well be given concurrently. See id. additionally, Dr. Rabun wrote a standing order for oral Haldol to be taken at bedtime universal, see id., which he later changed to Prolixin. See id. at 712. Injections of Haldol and Ativan were to be given handiest if Morgan grew to become agitated-these were no longer a part of his daily medication routine. quite, the “basic intent” of the injections became to restrain Morgan if he received out of hand. The standing orders for day by day, oral Haldol and Prolixin, as opposed to the injections, were for medication purposes.
BOWMAN, Circuit judge.
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