#this is already a precedent from 4e

[mmdaesatra]

The Silencer - Chapter 19

"I already paid the price."

4E, 196

The voices, thick with malice, filled the room, echoing in my ears and drowning out all else. “Come on!” one growled, his breath searing against my skin. “Make her face me, yeah, just like that.”

His words barely registered, lost in the haze of pain and numbness that had claimed me long ago.

“Do you enjoy that, you little Thalmor slut?” another sneered, each syllable dripping with contempt. His voice twisted into a cruel mockery, a venomous joke, as his hand gripped my chin, forcing my eyes open. My gaze met the distorted, stained faces of the men towering above me—Imperials, perhaps, with sharp features like brothers. Their faces blurred together in a sickening montage of cruelty.

“She feels so good,” another groaned, his voice low and guttural, reverberating through my core. Their words were nothing more than noise in the endless abyss they had thrown me into.

A thick length filled me again and again, the rhythm hammering against my body. But the numbness had settled in long before, dulling every sensation, turning the pain into an unending, agonizing void.

“Look at me,” the man gripping my chin demanded, his voice cold and commanding. I had no choice but to obey, to meet those empty, soulless eyes. “Please,” I whimpered, my voice barely a breath, the last shred of strength I had left.

“Just like that,” the one on his right chuckled darkly, “Make her beg.”

Tears burned at the corners of my eyes, but I forced them back, choking them down as I had done for hours now. I couldn’t let them see me break, not completely.

“Don’t tire her out, boys,” the silent one finally spoke, buckling up his pants, his voice dripping with casual cruelty. “Helvo and the others will want a taste at the party tonight.”

A sudden, sickening pull as one of them withdrew left a warm, disgusting stream trailing down my leg. It was a mockery of relief, another in a series that seemed endless.

“I don’t get why we can’t just keep her to ourselves,” the one who had been lounging nearby leaned over, his hand brushing strands of hair from my sweat-streaked face. His touch was deceptively gentle, almost tender. “I could fuck her for all eternity.”

“She won’t live long,” the other replied, a cruel grin stretching across his face. “You know what they do to Thalmor like her around here.”

“We,” the man on the left growled, grabbing my aching, bruised behind with a grip that sent fresh waves of agony through me, “just want to have all the fun with her before handing her over.” He pulled me against him, his mouth descending on mine in a savage, suffocating kiss. His tongue invaded my mouth, and I gagged, choking on the taste of him.

“I said enough, Samuel!” the leader snapped, his tone laced with finality.

The lips that had trapped mine finally released their cruel hold, but his gaze remained, locking onto mine with a possessiveness that sent a shiver of revulsion through me. “She deserves kisses, doesn’t she?” he murmured, the words dripping with a twisted kind of affection.

Before I could respond, his mouth was on mine again—another long, wet kiss that left me feeling more disgusted than the acts that had preceded it. When he finally pulled away, his eyes gleamed with a sick satisfaction.

“I was her first, after all.”

As if that gave him some claim over me, some right to this madness.

I stared into his eyes—the man who had inflicted the most pain. His greenish-blue gaze was unfeeling. Each time he forced himself into me, the pain had been beyond anything I could have imagined, yet it was the cold, detached cruelty in his eyes that truly shattered me. It was as if he took pleasure not in my suffering, but in my slow, inevitable destruction.

A moment passed, and his gaze darkened, a cruel flicker of satisfaction as he finally pushed me away, rising from the floor as if discarding something worthless.

Three men loomed over me, their faces a twisted, nightmarish reflection of one another—three versions of the same monster, each leaving their own distinct brand of torment seared into my soul. They took their pleasure in different ways, carving out pieces of me until there was nothing left but a hollow shell.

My torn clothes were thrown at me, a pathetic heap on the floor, like scraps tossed to an animal. A final, degrading insult before they turned their backs on me. The door slammed shut with a resounding thud, the sound echoing through the silence like the toll of a death knell.

In that moment, I knew I was dying—not just in body, but in spirit, in every way that mattered.

The person I had been was gone, torn apart by their hands, replaced by a void as empty and cold as their eyes. I felt it in the hollow ache in my chest, in the numbness that spread through me like a poison, seeping into every part of who I was.

The silence that followed was suffocating, a void that swallowed everything. I lay there, broken and discarded, staring up at the dark ceiling, and all I could think was that this was it. This was how I would die—alone, in darkness, with nothing but the echoes of their laughter and the remnants of my shattered soul.

I survived the trial, didn’t I?

Even as the agony tore through me, as the cold, detached cruelty of these men threatened to break what little remained of my spirit, I clung to that truth. That trial had taken everything—Elamoril, my love, my friend. It had shattered me, leaving me a hollow shell, yet I I had endured that nightmare, and somehow, I would endure this one too.

I have to.

When I finally stirred back to consciousness, a numbness had settled over my lower back and legs, rendering them almost useless. Gritting my teeth, I placed my elbows on the filthy floor and tried to pull myself up. But the effort sent a sharp, stabbing pain through my body, forcing me to collapse back down.

The floor beneath me was a slick, nauseating mix of blood, the vile remnants of those three men, and filth. It clung to my skin, a constant reminder of the horror that had just transpired. I was in an attic somewhere, its walls steeped in darkness so thick that even with my eyes straining to adjust, I could barely make out any shapes. No windows, no cracks, no light—nothing to guide my escape.

How could I escape?

My eyes darted around the room, desperate to find an exit, but my legs were dead weight, and every movement sent unbearable pain coursing through me. I could try to walk, but the fear of collapsing, of my legs buckling under me, paralyzed me with dread.

But I had no choice. I had to reach deep inside, grasping for the smallest thread of restoration magic I had left. My hands trembled as I placed them over my legs, willing the numbness to fade, begging for just enough strength to stand. The pain was excruciating, sharp and relentless, and I was never good at healing. I bit down hard on my lip, trying to stifle the cries of pain, but small groans escaped through my clenched jaw. Each attempt felt like I was tearing myself apart from the inside.

Using the wall for support, I forced myself to my feet, every inch a battle against my broken body. My legs quivered beneath me, barely holding my weight, but I couldn’t let myself collapse. Not now.

I searched the crates and barrels scattered around the attic, hoping for something, anything that could aid my escape. But all I found were rotten food and scurrying mice, reminders of the filth and decay surrounding me. My heart sank further with each futile attempt. I was running out of options, running out of hope.

Leaning heavily against the wall near the door, my eyes locked onto the rusty lock. It looked like it could be picked, but I had nothing—no tools, not even a hairpin. The realization struck me like a hammer to the chest, crushing the last remnants of hope I had clung to.

I was really trapped.

The weight of it all crashed down on me, a suffocating wave of despair. My breath hitched, the hopelessness sinking into my bones, making the darkness around me feel even more oppressive. I had survived so much, endured horrors that should have broken me, yet here I was, caged like an animal with no way out.

When I first encountered them, there had only been one. It was laughable, really—me, defeated by a mere man. I, who had faced trials that would break lesser beings, brought low by a single enemy. But I had reached for the magic within me, the power that had once flowed so freely through my veins, ready to unleash it in one final, destructive move. And it had betrayed me. The connection slipped from my grasp like a ghost, leaving me scarred and bleeding, too weak to fight, without even a weapon to defend myself.

I remembered his eyes—how they darkened with a sinister gleam the moment he realized I was vulnerable—a Thalmor, alone and helpless. There had been no mercy in that gaze, only the cold, calculated hunger of a predator sensing easy prey. The realization of my weakness had brought him to life, igniting a twisted pleasure in my suffering.

Sitting here, waiting, was torture. Every second felt like a blade slicing into my skin, a slow, agonizing reminder that death was creeping closer. I was terrified, but I’d been terrified before—too many times to count. The day I was taken from my family, my first night at Clamcora, when I saw the Forsworn on the bridge with his bow… But through all of it, he was with me.

He was always with me.

Tears welled up in my eyes, not from fear, but from a deep, overwhelming sadness. My fear had turned into mourning so quickly that it took me by surprise. Here, in the darkness where no one could see or hear, I let the tears fall. No one would know.

The sorrow, so heavy and consuming, was like a cloak around my heart. The loneliness was unbearable, more painful than the wounds inflicted on my body. It was the absence of his presence, the emptiness where once there had been comfort and strength, that tore at me the most. Without him, the world felt colder, the darkness deeper, and the pain more intolerable.

I am lost without him.

So, I let the tears fall, each one carrying a piece of my soul with it. Because in that moment, I realized that this was the real trial—facing the darkness alone, without the one who had always been there to guide me through.

I wished he was here. Maybe then, everything would be okay again. His presence had always brought a sense of safety, a shield against the darkness. But now, with only shadows and silence as my companions, I felt that safety slipping away, replaced by a gnawing fear that threatened to consume me.

After what felt like hours of waiting and quietly crying in the shadows, I finally mustered the strength to check my body, marred with bruises and the lingering traces of all that had happened. The sight was a cruel reminder, but it also ignited a flicker of something deeper—anger, determination, a burning need to reclaim what had been taken from me.

I waited, letting the stillness work in my favor as I began to regenerate my magicka, drawing it back slowly, carefully, from the depths where it had retreated. With every ounce of strength I regained, I planned my next move—carefully, methodically, lethally.

Just like he taught me.

“Ah, you look ready for the party.” Samuel’s voice was light as he approached, his steps deliberate, each one bringing him closer. A radiant smile lit up his face, but as I mirrored it with a smile of my own, his expression faltered, the brightness in his eyes dimming like a flame snuffed out by the wind.

He gazed down at me, his eyes filled with uncertainty. I did not let him see the emptiness that lay beneath my facade. "Samuel," I said softly, my voice gentle but laced with a profound weariness, "I want to be with you again, first, before—" I struggled to steady my voice, "before all that.”

His eyes searched mine for something real, anything beyond the surface. I knew he would only find what I had revealed, sincerity, longing, even love, crafted to manipulate the moment to my advantage.

The corner of his lip curled up in a smirk as he began unbuckling his pants, his movements slow, deliberate. My eyes quickly shifted to the dagger strapped to his belt, hidden beneath his clothes. It was my only chance, my only hope to turn the tide. The grim reality of my situation pressed heavily on me, but I steeled myself, preparing for the moment I would act.

“Onto the table.” he commanded, his voice cold and authoritative. I complied, driven by a mix of fear and determination as he approached, his pants discarded along with the dagger. The weapon lay there, a symbol of my only hope, though it seemed distant in my desperation.

With a swift motion, he pulled my trousers down, his knee forcing my legs apart. His grip on my thighs was cold and unyielding. I felt a searing pain as he forced himself inside my brokenness, the rhythm of his movements harsh and relentless.

His arm slid beneath me, gripping my waist, while his other hand braced against the table. His lips met mine in a forceful, demanding kiss, a cruel reminder of his control.

“You loved it, didn’t you?” His gaze was locked onto mine, demanding a response as the table trembled beneath me. “Tell me.”

I knew what I had to do. Among the three, he was the most possessive, as if asserting his dominance over me meant something. I had watched and listened, and I knew that I had to survive.

“I only love what you do to me.” I whispered, my voice carrying a seductive edge that would appease his desires, a silent surrender amidst the chaos.

His grip tightened painfully as he lifted me up, and I wrapped my trembling legs around his waist. He carried me a few steps, the weight of my predicament pressing down on me.

My lips locked onto his, and my eyes darted to his discarded pants on the floor. My heart pounded with every step he took forward. He laid me down on the floor, his lips still pressed against mine as he continued his relentless rhythm. I could sense his satisfaction, his pleasure in knowing that he had my silent acquiescence—something the others had not received. It made him feel special, his sense of dominance bolstered by the illusion of my submission. My gaze flickered to the side, where the dagger lay just a few steps away.

I placed my hand on his chest, and he paused, his gaze lifting to meet mine for the first time. There was a flicker of confusion in his eyes, quickly replaced by surprise as he looked at me. For the first time since he had forced himself upon me, he hesitated—halting when I wanted him to.

I offered a playful smirk, using the briefest of opportunities to push him off and roll on top of him. His eyes lit up with amusement at the sudden shift in control, clearly enjoying the reversal of roles.

“Samuel,” I whispered softly, my voice a gentle caress against his ear. Despite my calm tone, my eyes burned with determination. I lowered myself closer to him, my breath brushing against his neck, and my hand reached out carefully to the side. My fingers found the edge of his trousers, and I tugged them just enough to access the weapon I needed.

“You were my first.” I whispered, my lips trailing up to meet his, a dark sense of irony twisting in my heart.

It was a cruel joke, just like the one he had played on me.

He moaned under my lips, his breath hot and ragged as he gripped my lower back, reveling in the intensity of the moment. “Yeah,” he gasped, clearly enjoying every second.

“And I, will be your last.”

The blade bit into his flesh, and a splatter of blood marked my face. I wiped it away with the back of my hand, then gripped the dagger firmly and pulled it out. Samuel’s eyes met mine, their vibrant blue and green dimming as life drained from them.

“Gahh!”

He gasped, another spurt of blood escaping his lips as I drove the dagger in once more. Tears traced down my cheeks, a silent testament to my inner turmoil.

Stop crying.

The third thrust, and the others that followed, did nothing to stir him from his lifeless state. The blood splashed across my face, each drop igniting a primal, dangerous urge within me. I could feel the frenzy threatening to consume me, but I knew I couldn’t give in, not now.

With urgency, I pushed myself away from Samuel’s lifeless body, quickly dressing and securing his dagger beneath my sleeve. My legs trembled with the aftermath of the ordeal, but I forced myself to move forward.

I approached the door, easing it open just enough to peer into the hall. The sound of laughter and chatter from the men beyond filled the space. I took measured steps toward the light, my breath steady but growing colder with each step.

A door to the hall suddenly flew open, and a jolt of panic surged through me. My heart raced as I realized there was no escape. Desperation clawed at me, and my gaze shot back to the room where Samuel’s lifeless body lay, but I couldn’t go back.

I shrank into the shadows, drawing my shoulders in, as a man emerged from the hallway and turned away. He was oblivious to my presence. With a silent, frantic resolve, I closed the distance and launched myself onto his back. My legs encircled his torso, and my arm tightened around his neck. His strangled grunt filled the air as I stabbed into his neck with brutal efficiency. Each thrust was a release of my rage. His body fell limp, crashing to the floor with a heavy thud.

The sudden voice from the hall pierced through my frenzied state, “What was that? Samuel?”

Fear gripped me as I scrambled to my feet, dragging the man’s lifeless form into the bathroom. My heart pounded violently against my ribs as I hefted his weight, my body trembling with the effort.

The footsteps in the hallway grew louder, closer. I pressed myself against the doorway, clutching the dagger tightly. The tremors that wracked my body were not just from fear but from the relentless, searing pain that seemed to pulse through every nerve. The agony was a constant, torturous reminder of the brutality I had endured. I dared not imagine how many bones were shattered beneath my skin.

“Samuel?” the voice called, filled with rising panic. There was a grunt, a gasp, and then, “He’s dead!” The footsteps quickened, and my pulse raced with mounting dread.

“Find that whore!”

A voice echoed in the distance, and my heart almost stopped when I spotted the bathroom window. With trembling hands, I climbed through the narrow opening, my body scraping painfully against the edges. I tumbled onto the snow outside, the cold numbing my bruised flesh as I crumpled into the snowbank.

“Look everywhere, find her!” the command cut through the night air, a chilling reminder of the hunt that had begun.

Panic surged as I staggered to my feet, each movement sending sharp jolts of agony through my battered body. I had no idea where I was, but my eyes locked onto the pine forest ahead. It was my only chance. The path through the trees was a grim reminder of the escape route I’d once taken—one I had to use again now. I couldn’t go back.

A sharp whistle pierced the air as a crossbow bolt whizzed past, grazing the snow beside me. My head snapped around, catching sight of at least five figures sprinting toward me. My heart raced, the unbearable pain in my legs pushing me to move faster. I barreled downhill, ducking my head to avoid another deadly bolt.

The icy wind cut through me, mingling with the excruciating pain. Despair clawed at my resolve, but I forced my legs to carry me forward. Every step was a struggle, every breath a battle against the agony. The forest loomed closer, its dark embrace offering a fleeting hope of escape.

My gaze lingered over the horizon, the vast, frozen tundra of Skyrim stretching endlessly before me, a desolate promise of freedom just beyond my reach.

Suddenly, the thunder of hooves shattered the silence, the noise closing in as six men on horseback encircled me, their steeds kicking up the snow in a whirlwind of power. I was their prey—weak, cornered, and helpless.

“Get her back here!” a voice barked, harsh and unyielding.

“She murdered our brother!” another shouted, his words dripping with venom as he drew his sword, the cold steel catching the faint light of the fading day.

“Easy, Elias!” one of the men tried to calm him, but Elias was beyond reason. His eyes, wild with rage, locked onto me as I stumbled backward, my legs giving out beneath me, sending me crashing into the snow. From my position on the ground, I looked up, the men towering over me from their horses, their expressions twisted with a mix of fury and disgust.

Elias advanced, his footsteps crunching through the snow as he closed the distance between us. His gaze burned with unwavering fury, the promise of violence etched into every tense line of his body. My breath caught in my throat, fear choking me as I prepared for the worst.

But before he could reach me, the third brother, the silent one grabbed Elias by the mantle, yanking him back with a force that made Elias stumble.

“I said stop!” his voice was low but commanding, brokering no argument.

“Why, Levi? She killed him!” Elias growled, his voice raw with pain and anger, but Levi remained calm, his eyes scanning me with a cold calculation before turning back to his brother.

“Legion will pay for her.” Levi whispered, his words meant only for Elias, but I heard them clear as day, the implication heavy in the air.

“Damn the gold! Samuel is dead!” Elias spat, his grief morphing into blind rage, his hand tightening around the hilt of his sword.

A sharp crack echoed through the clearing as Levi slapped his brother across the face, the sound cutting through the cold like a whip. Elias reeled back, stunned into silence, his eyes wide with shock as he stared at Levi, the raw sting of the slap stifling his protest.

“Enough!” Levi’s voice was firm, final. The fury in Elias’s eyes dimmed, replaced by a simmering resentment, but he said nothing more.

I have to run away.

I hadn’t prayed to Y’ffre in nine long years. My faith, once a flickering flame, had been extinguished by the Thalmor and their twisted teachings. But now, as I lay in the snow, battered and bruised, with death circling around me like a pack of wolves, I felt the old words rise from somewhere deep inside me, unbidden but powerful.

Please, Mother, help me. Give me strength.

The cold bit into my skin, numbing the pain that radiated from every inch of my body. My fingers dug into the snow, desperate for something, anything, to anchor me. I could hear them closing in, their footsteps crunching over the frozen ground, their breaths heavy with anticipation. I wanted to run, to scream, to fight—but my body refused to obey. I was trapped, surrounded, helpless.

“Take her!” one of them barked, and I heard the sound of a man dismounting, his boots crunching through the snow as he approached me.

My heart raced, every beat like a drum in my ears. The fear was overwhelming, a suffocating blanket that threatened to smother what little resolve I had left. I squeezed my eyes shut, praying with every ounce of strength I had left.

Please, Y’ffre… Mother…

Hunger. The hunger was overwhelming, gnawing at the edges of my sanity, a primal, insatiable need that consumed me from within. My hands trembled as they gripped the snow beneath me, the cold barely registering against the fiery desperation coursing through my veins. I felt as though my very essence was unraveling, each breath stoking the fire in my belly, sharpening my senses until the world around me seemed to blur and fade.

But then, a voice—a woman’s voice, soft and soothing—whispered in the depths of my mind, a voice that warmed my heart like the sun after a long winter.

“Will you pay the price?”

Her words echoed in my mind, cutting through the fear like a knife. The hunger that had consumed me began to fade, replaced by something else—something deeper, something I hadn’t felt in years.

Love.

Not the cold, distant love of my mother, but a fierce, protective love that wrapped around me like a warm blanket.

“Price of the Wild Hunt?”

The words echoed in my mind, a whisper from the abyss that threatened to consume me entirely. I trembled as one of the men grasped my shoulder, yanking me to my feet with a roughness that jarred me from the haze of my thoughts.

“Get her, right now!” His voice was sharp, but distant, drowned out by the pounding in my head. As his grip tightened, I was once more yanked into an insatiable hunger that clashed with the embrace around me—a love that wasn’t truly there. For a fleeting moment, I wished for death, to follow Elamoril wherever he had gone, to escape the unbearable weight of survival.

I already paid the price.

“Come here, you—” His words cut off as pain seared through my body, a pain unlike anything I had ever felt before. It twisted and tore at my bones, an agony that no man could have inflicted. I felt as though I was being remade, each movement becoming lighter, faster, stronger.

“Shor’s bones…”

“Ulkar! Gods! He’s dead!”

“What are those?”

I sprang up from the snow and Ulkar’s lifeless body slumped to the ground, his throat slit open, blood gushing out. But my dagger was still on the floor. My hands—no, not hands—were now thinner, longer, and tipped with razor-sharp claws.

I didn’t need a blade. The hunger was all I needed.

So hungry.

The next man fell before me, my claws sinking into his flesh with ease, his blood warm and sweet against my tongue. Two pairs of hands grabbed at me, trying to pull me away, but I was beyond their reach. My teeth found his neck, and I bit down with a primal fury, tearing through flesh, muscle, and bone with terrifying ease.

This was no ordinary hunger—it was a hunger for the world itself, for everything in it. And I would devour it all.

“Kill that monster!” Elias’s voice shattered the night, raw and desperate as he scrambled toward one of the panicked horses.

Not so fast.

I advanced with a predator’s grace, the two men holding me down clutching at my frenzied form. I met the gaze of one, black creeping into the corners of his pale blue irises. Fear. I snarled and twisted, my claws raking across his torso, drawing a guttural cry from him.

So hungry.

I broke free from their faltering grip, driven by a force beyond my own, and closed in on Elias. His earlier bravado had dissolved into sheer terror, his gaze darting away as he tried to flee.

“Look… at… me.” My voice was a rasp, laden with the primal hunger that had replaced my words. Each syllable was a snarl, a challenge.

Elias stumbled back, his face contorted with fear, his attempts to escape growing frantic. The hunter was now prey, and his fear was palpable, a stark contrast to his previous arrogance.

A crossbow bolt thudded into my shoulder, but it was inconsequential. The searing pain was a mere distraction, barely registering as I pressed forward. My eyes were locked on Elias, who had backed against a tree, his hands raised in a feeble attempt to shield himself.

“I said,” I snarled, my fingers forming a lethal point as I drove them into his torso, below his ribcage. The impact was visceral, a sickening crunch resonating through the night. “Look at me.”

His eyes met mine, a mixture of horror and desperation. I drove my claws into his torso, feeling the resistance of flesh and bone yielding beneath my grip. The sound of cracking ribs and tearing organs filled the night, mingling with Elias’s gasps and groans. His body writhed, a grotesque dance of agony, but he was forced to look into my eyes as his life slipped away.

The hunger within me roared, an insatiable beast that drove me to consume the very essence of my tormentor. The crossbow bolts that continued to fly past me were mere distractions; nothing could deter me from my purpose.

I looked into the now moss-colored, lifeless eyes of Elias, feeling the warm, sticky remnants of his insides dripping from my claws. His body slumped softly to the ground, leaving a trail of blood smeared across the snow and staining the bark of the surrounding trees.

Turning my gaze to the remaining men, I moved with the precision of a predator, my steps silent and swift. I could taste the coppery essence of Elias as I chewed on his remains, the hunger that had driven me to this moment now transforming into a fierce, consuming power.

The men around me began to scatter as panic took hold. “Behind us!” one of them shouted, his voice breaking the chaotic rhythm of the fight. The horses neighed in terror, adding to the frenzy.

With a speed that matched the striking of an owl, I lunged forward. My claws sliced through the throat of one man effortlessly, and I stepped back, my movements fluid and predatory. I grabbed the next victim by the throat, my enhanced strength making the task of ending his life as easy as a flick of my wrist.

The remaining men were visibly shaken, their confidence eroding as they beheld the bloody aftermath of their comrades. Levi’s face paled as he watched the carnage unfold, his voice cracking with anguish.

“Elias! No!”

The sight of their fallen allies drove me further, my hunger transforming into a relentless drive. I leaped at the two men on my right, their surprise making them easy targets. One man grabbed at what appeared to be antlers on my forehead, an odd, distracting gesture. But I shook him off with the grace of a deer, my claws finding their mark as I tore into him with brutal efficiency.

The screams and shouts around me became a blur, drowned out by the pounding of my own heartbeat and the rhythmic thumping of others’ rapidly fading pulses. The thrill of the hunt, the strength surging through me with each death, was intoxicating.

“Come here, demon!” One of the remaining men roared, his blade swinging wildly. I evaded his attacks with the agility of a fox, sidestepping and dodging with ease. Each movement was precise, calculated.

The man’s desperation grew as I danced around him, picking off his companions one by one. The only sounds were the gasps of the dying and the relentless beat of my own pulse.

As one man tried to flee, mounting his horse in a panic, I grabbed the reins, pulling him off the steed with a brutal yank. The horse, now wild with fear, reared and bucked, but I ignored it.

Levi was still at my heels, his blade swinging in increasingly desperate arcs. I dodged his every strike, my focus on the growing weariness in his eyes. Each movement, each dodge, was calculated to wear him down, to make him vulnerable to my relentless assault.

As Levi raised his arm to bring down his blade with all his might, I stood before him, my silence deadly, like a serpent lying in wait. His eyes, once full of fury, now brimmed with terror as he realized the futility of his strength against what I had become.

He straightened his posture, trying to regain some semblance of control. But as his sword descended, I moved with the swiftness of a feline, twisting around his strike. In an instant, my hand closed around his throat, lifting him effortlessly off the ground. The other men froze, their breaths caught in their throats as they watched in stunned silence.

But my focus was solely on Levi. The once silent, composed warrior now dangled helplessly in my grip, his eyes wide with fear, tears spilling down his cheeks.

The silent one. He was no longer a threat, but I had no intention of letting him go.

With a cruel precision, I forced his mouth open, my fingers prying it wide. His muffled grunts of pain echoed in the still air as I reached inside, grabbing hold of his tongue. My other hand tightened around his neck, and with a ferocity that matched a bear’s strength, I yanked. The sickening sound of tearing flesh filled the air as I ripped his tongue—and everything else attached to it—from his throat.

“Run! Now!” One of the remaining men shouted, his voice trembling with terror. The desperation in his words spurred the others into motion, but they were too slow. The stench of fear clung to them, intoxicating and overwhelming.

But the hunger was gone. My stomach churned, revolting against the remnants of flesh and blood I had consumed. The satisfaction of power was overshadowed by a sickening nausea that threatened to consume me.

I don’t want to eat anymore.

But then, a voice, soft and insistent, echoed in the recesses of my mind. Mother’s voice.

“Eat, child.”

I approached the remaining men as they desperately tried to flee, their fear a palpable force in the air. But this time, it wasn’t hunger that drove me—it was something deeper, a power that called out from within me. My magic surged, primal and potent, demanding release.

Dropping to my knees, I pressed my hands into the snow, the cold biting into my skin. My eyes closed as I reached out, feeling the frozen veins of the earth beneath me, sensing its icy pulse. The snow responded, its heartbeat quickening as my magic intertwined with it, awakening something ancient and unstoppable.

A horse’s anguished cry shattered the night, pulling me from the depths of my power. My eyes snapped open, and what I saw stole the breath from my lungs.

Spikes of ice, tall and merciless, had erupted from the ground, piercing through horse and man alike. The crystalline structures stood tall, gleaming in the faint light, reaching up toward the dark sky like frozen fingers of death. Blood stained the snow around them, the life force of my enemies frozen in place, a gruesome testament to the power that had surged through me.

And then, there was silence.

A silence so profound that it seemed to swallow the world, signaling the end of everything. The end of the hunt. The end of the fight.

The end of me.

A sharp coldness pressed against my side, and only then did I realize I had fallen, my body too drained to move. The world tilted as I lay on the frozen ground, my gaze fixed on the sky above. The stars, countless and eternal, shimmered down at me, their light cold and distant.

But to me, they were warm, beckoning.

I am ready.

Ready to join him, to follow Elamoril into whatever came next. The thought filled me with a peace I had not known in years. The pain, the hunger, the fear—all of it faded as my heart began to slow, its beat growing softer and softer until it was nothing more than a whisper.

I closed my eyes, surrendering to the darkness that crept in at the edges of my vision.

This was the end.

“Well, well, look at what we have here, Nazir!”

To be continued…

[aethuviel]

When was the Chantry sacked

and

How old are Gelebor and Vyrthur?

In this post, I will try to analyze these two questions, and I can say already that there is no definite answer, as if there were, someone would have found it in the last nine years.

However, I often see claims that the brothers were born before Ysgramor’s landing, or that the Chantry might have been sacked just centuries ago.

I think both of these are unlikely, and I will try to narrow these dates down as much as I can, going by quotes and sources in-game.

The Merethic Era ended some 4500 years before the events of Skyrim, where 4E 201 is exactly 4450 years after year 1 of the 1st era.

It is generally thought of to have lasted some 2500 years, but I can’t find any real source for this now. In any case, it was preceded by the Dawn Era, where time was not necessarily linear.

Ysgramor has no specific date tied to him, but the first Nord king of Skyrim, Harald I, was said to be the 13th in the line of Ysgramor, and was born in 1E 113.

Giving 20-40 years for one human generation (and Ysgramor already had grown sons by the time he gathered his Companions), this puts Harald’s birth at 260-520 years after Ysgramor. Giving an average generation span of 30-33 years, we can narrow it down to ~400 years. Since Ysgramor already had grown sons at the time, Harald I was probably born some ~350 years after the Night of Tears/sack of Saarthal.

The last mention of Snow Elves in the records, are of Harald I driving out and slaughtering the last few elves near the lake in the Rift, dated 13th of Sun's Dusk 1E139. [source] (The same year, interestingly enough, as one of the last remnants of the Nord Dragon Cult was discovered.)

The Journal of Mirtil Angoth, and the Dairy of Faire Agarwen, speak of how the last Snow Elves would travel at night, and hide to the best of their ability, to avoid the slaughter. They are not dated, however.

Enthir says the following: "The Nords went to war with the Falmer in the First Era."

Gelebor says they were “constantly at war with the Nords”, which does imply a conflict spanning many centuries (as can be seen of the line from Ysgramor to Harald). However, there is also evidence that Atmorans/Nords lived in Skyrim for centuries before Ysgramor, so this might imply war in the centuries before Ysgramor and Saarthal.

Gelebor’s dialogue

Gelebor is possibly our number-one source for anything regarding the Snow Elves at this point. He does say a lot of things, and we’ll see how much we can get from them:

"For the thousands of years I've served as the Chantry's sentinel, there hasn't been a single visitor here for any other reason.” Thousands. In the plural, meaning he has indeed been there for at least 2000 years (it implies but does not necessarily mean these thousands of years were spent alone, after the Chantry was sacked, rather than counting from when he became a Paladin).

Also, Harkon took up Vyrthur’s prophecy a long time ago, before Serana was put away, and they are generally believed to be from the Alessian-Reman interregnum, in 1E 2332 - 1E 2702 (while this is also up for debate, it’s unlikely they are from the time of the ancient Nords, since their architecture in Dimhollow Crypt was notably different and added on to the ancient Nord crypt). This means Vyrthur, and Vyrthur’s vampirism, is older than Serana.

One of the biggest points of Gelebor’s dialogue is sadly (and intentionally?) vague: “The Chantry was constructed near the beginning of the First Era to provide a retreat for those that wished to become enlightened.“

I always interpreted this as “very late Merethic”, since we know the Snow Elves had their glory days in the Merethic and were almost extinct by the time the First Era came around. However, this could just as well mean the opposite, very early First Era. “Near the beginning” - does that imply just before, or very early? I don’t know.

So, since the Merethic lasted for thousands of years, as did the First Era, and the last records of Snow Elves in the Nord history books is from 1E 139, we can roughly put the construction of the Chantry at ME -200 to 1E 200. Very roughly (and leaning to the older, given how scattered the Snow Elves were in the early First Era).

Now then, another thing Gelebor says, pointing to his age: “Sadly, the magic used to construct these wonders were lost long before I arrived here."

The Chantry was constructed so long before Gelebor arrived there, that the knowledge of the magic used to construct it, had been lost to history.

This seems to completely wipe out the idea that Gelebor and Vyrthur were born in the Merethic Era. But note, he said “before I arrived here”, not “before I was born”. Still, Tamrielic elves do have a limited lifespan, and we can’t expect Gelebor to have been centuries old by the time he got there, more on that later.

The Dwemer disappeared in 1E 700, over 550 years after Harald I’s attack on the last recorded Snow Elves. With the dwarves gone, the now fully twisted, blind and dumb Falmer were free to take over their cities for themselves.

In Dawnguard, there is a second type of Falmer, called feral Falmer, which is less intelligent than the standard kind, naked, wields no weapons, and is far more savage and aggressive, killing other Falmer as well. They may represent the 1st Era Falmer, as Gelebor says he’s noticed the Betrayed becoming more intelligent over the centuries, and Vyrthur’s frozen Falmer are of the same kind. Or, they may be Falmer infected with vampirism. We’re not sure.

I point this out as Vyrthur used the Betrayed Falmer to destroy the Chantry and kill everyone in it. (Will someone please explain why he would turn on his own people so viciously, besides just smiting Auri-El? Why wipe out the last remnant of your race because you’re angry at your god for abandoning you?)

This implies that the sack of the Chantry was after 1E 700, as the Falmer before then were the slaves of the Dwemer.

So, TL;DR recap: Ysgramor + Night of Tears ~240 years before the end of the Merethic Era. The Chantry was constructed around the beginning of the First Era, give/take a couple of centuries. Gelebor says he “arrived” at the Chantry long after the knowledge on how to construct it had been lost. King Harald I was born in 1E 113, and killed the last few Snow Elves mentioned in Nord records in 1E 139. The Dwemer disappeared, leaving their Falmer slaves free to roam, in 1E 700.

We know Vyrthur is unaging because he is a vampire, so he is technically dead. But why is Gelebor not aging? He is roughly 4000 years old, an absurd lifespan only otherwise known in very powerful mages like Divayth Fyr.

Tamrielic elves are said to live 200-300 years as a normal lifespan, while others point to The Real Barenziah claiming a few rare elves being able to live to 1000 (without being powerful mages), by avoiding violence and disease. I’ll take 200-500 as a normal lifespan, being generous.

Gelebor and Vyrthur are looking quite fine, especially Vyrtur, meaning he was not very old when he was turned. We can pretty safely assume Gelebor is kept unaging/aging very slowly by Auri-El. It is never mentioned, but we have this: “Through the grace of Auri-El they were restored to their spectral form to enable them to continue their duties.“

Gelebor mentions this when asked about the Prelates. If Auri-El can turn his dead prelates into ghosts, it seems the most logical solution to Gelebor’s long life being Auri-El suspending time for him.

This would likely (here I go assuming again) have happened after the sack of the Chantry, just as the ghosts were “resurrected”, as Gelebor was the only survivor left to protect the Chantry, he needed to remain alive for as long as possible to continue his duty. One could also assume all the Prelates and Paladins at the Chantry were blessed with long lives, but I don’t really see a reason for that, considering the circumstances.

So, Gelebor likely started aging very slowly (if at all) after the sack of the Chantry, which was likely after the Dwemer’s disappearance in 1E 700.

Now you can see, if they were born in the Merethic, they would have to be this fresh-looking at over 700 years old. (At least Gelebor, since we can’t know how long after his turning that Vyrthur sat on his plan before killing everyone. Meaning, Vyrthur could have been turned a lot earlier, but never mind.)

And if they were born before Ysgramor’s landing, that would have been some 900-1000 years before the Dwemer disappeared.

I really wanted Gelebor to be older than Divayth Fyr (who was mentioned as being 4000+ years old in 3E 427, putting his birth year at 1E 243 at the latest), but this would mean he had to be over 460 years old by the time the Dwemer disappeared. Not very likely, unless that Auri-El-time-stopping was since before, or the Paladins were well-versed in age-slowing Restoration magic.

Again, the Chantry may have been constructed in the early First Era, and Gelebor was born arrived a long time later, meaning Gelebor and Vyrthur were likely born to one of these late, hidden groups of Snow Elves, after the Nords had pretty much taken over.

On the other hand, there is nothing really preventing the sack of the Chantry, and thus also the births of Gelebor and Vyrthur, happening long after these events, and well after 1E 700. I see no reason to believe this, however, so I think we can roughly put their births at 1E 200-600, and the sack of the Chantry... at any point after 1E 700, not likely very long after (again, due to aging).

Since Gelebor arrived rather than was born at the Chantry, that means the two were born to some remaining Snow Elf population outside the Chantry.

And, additional thought. Gelebor said: "it took some time for word of the dwarves' offer to reach us here" This implies he was at the Chantry, serving as a Paladin, before the last desperate Snow Elves turned to the Dwemer for help.

I hope this all does not sound as confused as I feel.

We don’t know when the pact between the Falmer and Dwemer happened, only that it was centuries before the Dwemer’s disappearance (assuming 1st-2nd centuries in the First Era, looking at the other events).

I tried to clear things up and only ended up confusing myself more.

Recap, again:

Ysgramor + Night of Tears ~240 years before the end of the Merethic Era. The Chantry was constructed around the beginning of the First Era, give/take a couple of centuries. Gelebor says he “arrived” at the Chantry long after the knowledge on how to construct it had been lost. King Harald I was born in 1E 113, and killed the last few Snow Elves mentioned in Nord records in 1E 139. Snow Elves sought help from the Dwemer in first couple of centuries 1E? Gelebor and Vyrthur were living in the Chantry at this point. The Dwemer disappeared, leaving their Falmer slaves free to roam, in 1E 700.

My previous guesstimate of 1E 200-600 as a birthdate should thus be put rather at 1E 100-300, but this still begs the question of their aging before the Chantry was sacked.

It would help a lot if we only knew roughly when the pact between the Falmer and Dwemer happened. Also, there is of course the possibility that Vyrthur’s Falmer (that he used to destroy the Chantry) were just one group that had managed to escape, giving us the possibility of the Chantry being sacked before 1E 700. However, not by much, as they were still highly devolved, which took many generations (according to Gelebor).

[weightlossfitness2]

What You Need to Know to Start Working Out After 50

If you are new to train, or coming again to it after a few years of a layoff, it is vitally difficult. You haven’t got the identical sense of fearlessness that you just had up to now. You could lack confidence for a lot of causes.

  If you might be over 50-years-old and beginning out, the problem can appear overwhelming. The fact is that we’ve an growing old inhabitants, extra consciousness of the advantages of train, and a way of urgency about lowering the price of healthcare as we age and bills go up.

    Unfortunately, the health trade continues to be dominated by the picture of youth and muscularity, usually neglecting older trainees. Most of this neglect might be greatest attributed to the truth that it is solely not too long ago that older individuals have felt inspired to take up train. We dwell longer and the standard of our life is instantly impacted by our skill to stay lively. People are starting to get it.

  Strength and Conditioning for People Over 50

I’m not going to patronize older readers by treating them as if they’re youngsters. You’ll see loads of articles about the necessity to take it simple, tempo your self, and be sure to have your physician’s permission to begin figuring out.

  You’ll see conflicting recommendation about what you may and can’t do: do not squat, do not carry heavy weights, be sure to take these dietary supplements, do not bend right here, do not twist there.

  Fortunately, at Breaking Muscle, we’ve entry to trainers, coaches, and consultants who’re within the discipline and coaching 50-year-olds in any respect phases of their health journey. Some are older trainees themselves, some are completely centered on older trainees.

  Matthew Levy of Fitness Cubed does not see any distinction between being an older trainee and a youthful one, “I’d say that folks over 50 want the identical issues as individuals underneath 50. The foremost variations are that you will want to have in mind the years of damage and tear on the physique and that considerably extra time usually must be centered on constructing power at finish vary to maintain the joints wholesome.

  Additionally, the anatomical adaptation section and hypertrophy phases usually must be longer and the maximal power and maximal energy phases extra abbreviated and on the larger finish of the rep ranges for these phases.”

  Levy continues, “So for example, if the recommended rep range for maximal strength is 3-5 reps, I would tend towards lower weight and higher reps – 5 reps rather than 3.”

    Every particular person goes to be completely different. Every growing old physique can have a historical past of exercise that may decide how a lot put on and tear already exists. You need to be sensible about the way you begin an train program if you’re coming it contemporary at an older age, however you do not have to be timid about it, both.

    “It’s never too late to start training. As we get older strength training becomes even more important because we start to lose muscle mass in older age. But studies have shown that older muscle still responds to exercise stimulus which, is very important for avoiding falls, for example, in old age.” Says Wayne Bradley, Gabinete Dietetico De Rueda-Bradley vitamin clinic.

  Athleticism Declines with Age

Your athleticism will decline as you become older. It begins in your twenties. However, we additionally see that fashionable athletes are staying within the sport longer than beforehand thought doable by adopting regimens that have in mind that they cannot do the quantity of coaching that they did when youthful.

  Scott Glasgow, Associate Professor of Mathematics at Brigham Young University, and former Xtremeperfect Weightlifting Club President says, “By the time an athlete is in their 50’s, I would estimate that optimal training for competitive weightlifting should include no less than half of the work being performed in modes that are clearly identifiable as bodybuilding in nature.”

  Jesse Irizzary, in his article on Bodybuilding and Olympic Weightlifting Aren’t Mutually Exclusive, says, “Bodybuilding work can be therapeutic, help aid in recovery, and used as a means to increase mobility, not limit it.”

  So, even if you’re a world-class athlete, you are going to need to undertake an strategy that helps in restoration and will increase mobility as you age. By extension, if you’re not a world-class athlete and beginning out later in life, that you must be cognizant of the necessity for restoration and an emphasis on mobility regardless of how usually somebody touts the advantages of power coaching.

  Lift Heavy, Even in Old Age (or Heavish)

Tom MacCormick, an knowledgeable in hypertrophy out of London, England, is a agency believer in lifting heavyish. MacCormick refers to The Human Nutrition Research Center on Aging (HNRCA) at Tufts University that established 10 biomarkers of growing old.

  “The top two were muscle mass and strength. The higher the levels of these the lower your age-related decline. Fast-twitch fibers are the first muscle fibers to decrease in size as you age. These are also the ones that are most positively associated with strength, muscle mass, and blood sugar management so, it makes sense to train these throughout your life.” Says MacCormick

  So, as an older trainee, you don’t have to try to break any world data or danger damage with maximal hundreds to stimulate the fast-twitch fibers. These fibers will likely be absolutely activated with hundreds at round 85% of your 1-rep max, which will likely be age-appropriate. Performing difficult units of 6 reps imply each rep will recruit your fast-twitch fibers.

  “I suggest that you include resistance training, on multi-joint movements, in the 6-10 rep range to promote strength, power, and muscle mass. All of this will have an anti-aging effect on your body and extend your healthspan.” Says MacCormick.

  This is the place it’s important to watch out you do not get patronized when getting recommendation. For somebody beginning out at age fifty and up, quite a bit will rely upon the standard of the work they do and never ego lifts, private data in poundage or any of the opposite issues that would find yourself pushing you in the direction of damage and failure.

  Enrico Fioranelli at 4E Fitness Training provides, “When exercising over 50 you need to place greater emphasis on how your body responds to the exercise you are doing, and how you feel that day. Don’t worry so much about what you are doing on a particular day worry more about how you feel throughout your workout.”

  Exercising After 50 Means Having Patience

Jarlo Ilano, Managing Director, GMB Fitness additionally believes that high quality of labor issues, “In my opinion, the first points for exercising after 50 is that progress tends to be considerably slower than somebody half that age and that accidents take for much longer to heal.

  “So the emphasis ought to be on the consistency of coaching somewhat than depth. The late Robert Follis (UFC Coach) had a fantastic line that resonated with me: It’s higher to do some bit quite a bit, then to do quite a bit a bit of bit. This particularly holds true for older trainers. It’s merely not value it to train intensely, solely to get injured after which be unable to coach constantly.

  “It’s a paradox but, trying to improve faster only makes it slower!”

  Pain-Free Training for Older Athletes

Rachel Binette of CrossFit City Line is absolutely conscious of the wants of her older shoppers. She says, “When coaching older athletes, I’ve discovered that their priorities sometimes shift from needing to be aggressive on the board to feeling good and having the ability to dwell their lives pain-free. We are combating decrepitude versus attempting to PR our deadlift.

  “What this interprets to in courses is making certain that they’re modified appropriately. Distances and reps are diminished to protect the stimulus of the exercise and weights and actions are modified to protect motion integrity within the face of fixing mobility.

  “As an example, several of my older athletes have “frozen shoulder” or very restricted overhead mobility. We modify away from barbells to dumbbells, deal with core engagement to forestall overextending the low again, and be certain that they’ve a path by bodily remedy to proceed to enhance.

  “When it involves physique composition, sustaining muscle mass is a excessive precedence for all of our athletes. In our older athletes, it may be the distinction between having the ability to stand up after a fall or not.

  When we coach vitamin for these athletes, there isn’t a change between what we do for our middle-aged and youthful athletes. Their exercise stage and muscle mass (we’ve an InBody scanner to take the muscle measurements) are taken under consideration after they have plans arrange for them.”

  Mobility is Key for Older Bodies

“Mobility is the closest factor there may be to the fountain of youth. As all of us age the objective ought to be Not to coach so as to add extra years to our lives, however somewhat so as to add extra life to our years,” says Brandon Richey of Brandon Richey Fitness.

  Richey’s sentiments are echoed in feedback we get from many different coaches, reminiscent of Micki Pauley of Warrior Body in West Virginia, “KEEP MOVING! Moving EVERYDAY is likely one of the best possible issues you are able to do for your self after 50 – even when for a brisk stroll. Strength coaching 2-Three days per week turns into much more necessary as a result of it helps preserve the muscle groups robust to carry out fundamental, on a regular basis duties!!”

  It’s Never Too Late to Start Exercising

Matt Beecroft of Reality SDC says, “Biologically there are a number of issues that age us together with, however not restricted to- oxidative stress, irritation and a lowered skill for autophagy.

  “We know that in order to help reverse our aging we need to improve the quality of our breathing (including using hypoxia), improve our sleep, experience heat and cold, fast, get sunlight, eat predominantly plant-based, reduce chronic stress and move much more, to help reverse aging.”

  Amanda Thebe of Fit n Chips, who focuses on coaching older athletes and particularly girls dealing with menopause, believes that it’s best to simply begin, “If you might be on the fence about power coaching, my recommendation is to begin lifting weights straight away- the earlier the higher.

  With main power declines as we age and the next danger for power ailments, constructing lean muscle turns into extra necessary than ever as a supply of prevention. There comes a time in your life when trying good bare is trumped (you may exchange that phrase with wins if you’d like) by residing life longer. It’s not horny however it issues.”

  Quality Fitness is Key For Aging Bodies

“When it comes to training over 50 focus on quality over quantity. Place extra emphasis on training intensity versus training duration. In the words of Bill Grundler; More is not better. Better is better.” Says Michael Tromello of Precision CrossFit, Agoura Hills, California.

  Jesse McMeekin of Adapt Performance provides, “I’ve found that focusing on making things harder before simply making them heavier is a good idea for most lifters, particularly as we age and accumulate the inevitable aches and pains.”

  The actual key to train and exercises within the later years is consistency and a systemic strategy.

  Jonny Slick of Straight Shot Training explains it as such, “I can’t stress enough the importance of strength training with my clients over 50. And I don’t just mean “power coaching” as in lifting gentle dumbbells for tons of reps… I imply systematic, progressive resistance coaching that challenges older athletes.

  Whether my shoppers are 25 or 75, all of them must be comparatively robust. We work on this by establishing good mechanics, practising these lifts with consistency, and step by step including depth acceptable to the place they’re at of their health journey.

  Getting stronger makes every part else simpler exterior of the health club, and it is among the finest issues you are able to do to forestall accidents, preserve muscle and bone mass, and handle your physique weight.”

  The Research and Concern About Exercising at an Older Age

There are quite a few, widespread, sources of analysis which can be broadly quoted to encourage extra consciousness of the advantages of train for these over 50, particularly if they’re simply beginning out on their health journey.

  A examine known as, Comparable Rates of Integrated Myofibrillar Protein Synthesis Between Endurance-Trained Master Athletes and Untrained Older Individuals, basically checked out masters athlete males who had been lively for a while in comparison with these simply beginning out.

  Without trying into the genetics or specifics of any of the contributors of the examine, this examine, by Manchester Metropolitan University in England, discovered that a newbie group might basically meet up with the group that had been lively for a few a long time.

  In essence, one group was into intense train, had been for many years, and the opposite was not. Yet, that was not an obstacle to the starters turning into late-bloomer athletes.

  In a examine known as, Association of Leisure-Time Physical Activity Across the Adult Life Course With All-Cause and Cause-Specific Mortality, the findings are much more encouraging as a result of being inactive however growing bodily exercise throughout midlife was related to 32% to 35% decrease danger for mortality.

  If all of the consultants and experience on this one article, a small slice of the information we’ve about these items, does not persuade you that past 50 is just not too late to start an train routine or, even, intense train plan, then let’s simply depart it at that.

The post What You Need to Know to Start Working Out After 50 appeared first on Weight Loss Fitness.

from Weight Loss Fitness https://weightlossfitnesss.info/what-you-need-to-know-to-start-working-out-after-50-2/

[weightlossfitnesssinfo]

What You Need to Know to Start Working Out After 50

If you are new to train, or coming again to it after a few years of a layoff, it is rather difficult. You do not have the identical sense of fearlessness that you just had up to now. You could lack confidence for a lot of causes.

  If you're over 50-years-old and beginning out, the problem can appear overwhelming. The fact is that we now have an ageing inhabitants, extra consciousness of the advantages of train, and a way of urgency about decreasing the price of healthcare as we age and bills go up.

    Unfortunately, the health business remains to be dominated by the picture of youth and muscularity, typically neglecting older trainees. Most of this neglect might be finest attributed to the truth that it is solely lately that older folks have felt inspired to take up train. We reside longer and the standard of our life is instantly impacted by our capacity to stay energetic. People are starting to get it.

  Strength and Conditioning for People Over 50

I'm not going to patronize older readers by treating them as if they're youngsters. You'll see loads of articles about the necessity to take it straightforward, tempo your self, and ensure you have your physician's permission to start out understanding.

  You'll see conflicting recommendation about what you possibly can and can't do: do not squat, do not raise heavy weights, ensure you take these dietary supplements, do not bend right here, do not twist there.

  Fortunately, at Breaking Muscle, we now have entry to trainers, coaches, and consultants who're within the subject and coaching 50-year-olds in any respect levels of their health journey. Some are older trainees themselves, some are solely targeted on older trainees.

  Matthew Levy of Fitness Cubed would not see any distinction between being an older trainee and a youthful one, "I might say that folks over 50 want the identical issues as folks underneath 50. The fundamental variations are that you'll want to keep in mind the years of wear and tear and tear on the physique and that considerably extra time usually must be targeted on constructing power at finish vary to maintain the joints wholesome.

  Additionally, the anatomical adaptation section and hypertrophy phases usually have to be longer and the maximal power and maximal energy phases extra abbreviated and on the increased finish of the rep ranges for these phases."

  Levy continues, "So for example, if the recommended rep range for maximal strength is 3-5 reps, I would tend towards lower weight and higher reps - 5 reps rather than 3."

    Every particular person goes to be totally different. Every ageing physique could have a historical past of exercise that can decide how a lot put on and tear already exists. You should be sensible about the way you begin an train program if you're coming it contemporary at an older age, however you do not have to be timid about it, both.

    "It’s never too late to start training. As we get older strength training becomes even more important because we start to lose muscle mass in older age. But studies have shown that older muscle still responds to exercise stimulus which, is very important for avoiding falls, for example, in old age." Says Wayne Bradley, Gabinete Dietetico De Rueda-Bradley diet clinic.

  Athleticism Declines with Age

Your athleticism will decline as you grow old. It begins in your twenties. However, we additionally see that trendy athletes are staying within the recreation longer than beforehand thought attainable by adopting regimens that keep in mind that they cannot do the quantity of coaching that they did when youthful.

  Scott Glasgow, Associate Professor of Mathematics at Brigham Young University, and former Xtremeperfect Weightlifting Club President says, "By the time an athlete is in their 50’s, I would estimate that optimal training for competitive weightlifting should include no less than half of the work being performed in modes that are clearly identifiable as bodybuilding in nature."

  Jesse Irizzary, in his article on Bodybuilding and Olympic Weightlifting Aren't Mutually Exclusive, says, "Bodybuilding work can be therapeutic, help aid in recovery, and used as a means to increase mobility, not limit it."

  So, even if you're a world-class athlete, you are going to should undertake an method that helps in restoration and will increase mobility as you age. By extension, if you're not a world-class athlete and beginning out later in life, it's essential be cognizant of the necessity for restoration and an emphasis on mobility irrespective of how typically somebody touts the advantages of power coaching.

  Lift Heavy, Even in Old Age (or Heavish)

Tom MacCormick, an skilled in hypertrophy out of London, England, is a agency believer in lifting heavyish. MacCormick refers to The Human Nutrition Research Center on Aging (HNRCA) at Tufts University that established 10 biomarkers of ageing.

  "The top two were muscle mass and strength. The higher the levels of these the lower your age-related decline. Fast-twitch fibers are the first muscle fibers to decrease in size as you age. These are also the ones that are most positively associated with strength, muscle mass, and blood sugar management so, it makes sense to train these throughout your life." Says MacCormick

  So, as an older trainee, you don’t have to attempt to break any world data or threat harm with maximal masses to stimulate the fast-twitch fibers. These fibers shall be absolutely activated with masses at round 85% of your 1-rep max, which shall be age-appropriate. Performing difficult units of 6 reps imply each rep will recruit your fast-twitch fibers.

  "I suggest that you include resistance training, on multi-joint movements, in the 6-10 rep range to promote strength, power, and muscle mass. All of this will have an anti-aging effect on your body and extend your healthspan." Says MacCormick.

  This is the place it's a must to watch out you do not get patronized when getting recommendation. For somebody beginning out at age fifty and up, quite a bit will depend upon the standard of the work they do and never ego lifts, private data in poundage or any of the opposite issues that would find yourself pushing you in the direction of harm and failure.

  Enrico Fioranelli at 4E Fitness Training provides, "When exercising over 50 you need to place greater emphasis on how your body responds to the exercise you are doing, and how you feel that day. Don’t worry so much about what you are doing on a particular day worry more about how you feel throughout your workout."

  Exercising After 50 Means Having Patience

Jarlo Ilano, Managing Director, GMB Fitness additionally believes that high quality of labor issues, "In my opinion, the first points for exercising after 50 is that progress tends to be considerably slower than somebody half that age and that accidents take for much longer to heal.

  "So the emphasis must be on the consistency of coaching quite than depth. The late Robert Follis (UFC Coach) had an ideal line that resonated with me: It’s higher to perform a little bit quite a bit, then to do quite a bit a little bit bit. This particularly holds true for older trainers. It’s merely not value it to train intensely, solely to get injured after which be unable to coach persistently.

  "It's a paradox but, trying to improve faster only makes it slower!"

  Pain-Free Training for Older Athletes

Rachel Binette of CrossFit City Line is absolutely conscious of the wants of her older shoppers. She says, "When coaching older athletes, I've discovered that their priorities usually shift from needing to be aggressive on the board to feeling good and with the ability to reside their lives pain-free. We are combating decrepitude versus making an attempt to PR our deadlift.

  "What this interprets to in courses is guaranteeing that they're modified appropriately. Distances and reps are decreased to protect the stimulus of the exercise and weights and actions are modified to protect motion integrity within the face of adjusting mobility.

  "As an example, several of my older athletes have "frozen shoulder" or very restricted overhead mobility. We modify away from barbells to dumbbells, give attention to core engagement to forestall overextending the low again, and be certain that they've a path by way of bodily remedy to proceed to enhance.

  "When it involves physique composition, sustaining muscle mass is a excessive precedence for all of our athletes. In our older athletes, it may be the distinction between with the ability to rise up after a fall or not.

  When we coach diet for these athletes, there isn't any change between what we do for our middle-aged and youthful athletes. Their exercise degree and muscle mass (we now have an InBody scanner to take the muscle measurements) are taken under consideration once they have plans arrange for them."

  Mobility is Key for Older Bodies

"Mobility is the closest factor there may be to the fountain of youth. As all of us age the aim must be Not to coach so as to add extra years to our lives, however quite so as to add extra life to our years," says Brandon Richey of Brandon Richey Fitness.

  Richey's sentiments are echoed in feedback we get from many different coaches, resembling Micki Pauley of Warrior Body in West Virginia, "KEEP MOVING! Moving EVERYDAY is among the best possible issues you are able to do for your self after 50 - even when for a brisk stroll. Strength coaching 2-Three days every week turns into much more necessary as a result of it helps preserve the muscle mass sturdy to carry out fundamental, on a regular basis duties!!"

  It's Never Too Late to Start Exercising

Matt Beecroft of Reality SDC says, "Biologically there are a number of issues that age us together with, however not restricted to- oxidative stress, irritation and a lowered capacity for autophagy.

  "We know that in order to help reverse our aging we need to improve the quality of our breathing (including using hypoxia), improve our sleep, experience heat and cold, fast, get sunlight, eat predominantly plant-based, reduce chronic stress and move much more, to help reverse aging."

  Amanda Thebe of Fit n Chips, who focuses on coaching older athletes and particularly girls dealing with menopause, believes that you need to simply begin, "If you're on the fence about power coaching, my recommendation is to start out lifting weights straight away- the earlier the higher.

  With main power declines as we age and a better threat for continual illnesses, constructing lean muscle turns into extra necessary than ever as a supply of prevention. There comes a time in your life when trying good bare is trumped (you possibly can change that phrase with wins if you need) by dwelling life longer. It's not attractive however it issues."

  Quality Fitness is Key For Aging Bodies

"When it comes to training over 50 focus on quality over quantity. Place extra emphasis on training intensity versus training duration. In the words of Bill Grundler; More is not better. Better is better." Says Michael Tromello of Precision CrossFit, Agoura Hills, California.

  Jesse McMeekin of Adapt Performance provides, "I’ve found that focusing on making things harder before simply making them heavier is a good idea for most lifters, particularly as we age and accumulate the inevitable aches and pains."

  The actual key to train and exercises within the later years is consistency and a systemic method.

  Jonny Slick of Straight Shot Training explains it as such, "I can't stress enough the importance of strength training with my clients over 50. And I don't just mean "power coaching" as in lifting mild dumbbells for tons of reps... I imply systematic, progressive resistance coaching that challenges older athletes.

  Whether my shoppers are 25 or 75, all of them have to be comparatively sturdy. We work on this by establishing good mechanics, practising these lifts with consistency, and progressively including depth applicable to the place they're at of their health journey.

  Getting stronger makes all the things else simpler outdoors of the gymnasium, and it is probably the greatest issues you are able to do to forestall accidents, keep muscle and bone mass, and handle your physique weight."

  The Research and Concern About Exercising at an Older Age

There are quite a few, in style, sources of analysis which might be extensively quoted to encourage extra consciousness of the advantages of train for these over 50, particularly if they're simply beginning out on their health journey.

  A examine known as, Comparable Rates of Integrated Myofibrillar Protein Synthesis Between Endurance-Trained Master Athletes and Untrained Older Individuals, basically checked out masters athlete males who had been energetic for a while in comparison with these simply beginning out.

  Without trying into the genetics or specifics of any of the individuals of the examine, this examine, by Manchester Metropolitan University in England, discovered newbie group may basically meet up with the group that had been energetic for a few many years.

  In essence, one group was into intense train, had been for many years, and the opposite was not. Yet, that was not an obstacle to the starters turning into late-bloomer athletes.

  In a examine known as, Association of Leisure-Time Physical Activity Across the Adult Life Course With All-Cause and Cause-Specific Mortality, the findings are much more encouraging as a result of being inactive however rising bodily exercise throughout midlife was related to 32% to 35% decrease threat for mortality.

  If all of the consultants and experience on this one article, a small slice of the information we now have about these items, would not persuade you that past 50 will not be too late to start an train routine or, even, intense train plan, then let's simply go away it at that.

What You Need to Know to Start Working Out After 50 Find more on: Weight Loss Fitness

from Weight Loss Fitness - Feed https://weightlossfitnesss.info/what-you-need-to-know-to-start-working-out-after-50/

[wearesorcerer]

(Edit: I had to delete this the first time I posted because I reblogged it to the wrong account. Sorry. :( )

Less cool? Far from it!

Because my response to your question is quite long for this format (LibreOffice Writer says two pages single-spaced but with paragraph breaks), I’ve put it below a cut.

As for my original ask, the reason I was saying you should have a psionic archetype is because the Monk-as-clairvoyant characterization is frequent enough to apply (and there’s precedent in the Fist of Zuoken and 4e Monk). I mean, you post about Jedi all the time and they’re psychic (telepathic, telekinetic, clairvoyant, don’t rely on grimoires, etc.) and your tagline and description are all about transcendental inner strength…

Psionics is flavored on the premise that you can do things through innate talent and mental (meditative) rigor rather than on memorization of rituals for use at a later time (Vancian wizardry). Sorcery grew out of a desire for similar mechanics, but it has always been “Wizards but not Vancian because talent.” We’ve kinda lived in the shadow of the Wizard since 3.5 (when we were at the height of our popularity).

The descriptions of psionics and sorcery in most material on either include such things as “there’s a latent talent within everyone for this” and spontaneity. They’re pretty much the same beast, but one uses a purely fantasy term that is difficult to distinguish from Wizardry and the other uses a term coined recently (see below). However, there’s one problem I’ve had with Sorcery that isn’t present in psionics: a focus on ancestry. Because of a throw-away line in the 3.0 Player’s Handbook, Sorcery’s been strongly linked with one of your ancestors boinking something magical (usually a dragon) – to the point that Pathfinder calls all of origins “Bloodlines,” even though a good number of those (and a large number of possible Sorcerous origins in general) don’t need to be premised on being not-fully-human. (Credit where it’s due: 5e’s move to “Sorcerous Origin” instead of “Bloodline” was an improvement.)

So really, it’s cooler in my view for being the same thing but not overtly linked to ancestry – and all the more so because enough characterization of psychic powers is that, through meditation, anyone can achieve that level of power. In short, it’s got the personal empowerment potential of Wizardry without demanding it.

Psionics also don’t require the same components as Wizard spells, which is neat. It’s not a necessary requirement for my liking (hence the “Magic Hands” tag), but I like that the posing is optional.

As far as the loose hippie-ish/1960s flavor, the focus on crystals in certain parts of the psionics systems of the past has done that, but you see that come up with magic items crafted by wizards, as well. The word “psionics” is much older (it was coined by analogy to “electronics” to make the phenomena seem more scientific for parapsychological discussion). In that regard, I might concede a point about it being more science fiction sounding than fantasy if it weren’t for two major problems there: the fact that science fiction has been a part of D&D for quite a long time (e.g., Expedition to the Barrier Peaks, but even Vance’s Dying Earth series [which was the foundation for the magic system] was a sci-fi + fantasy setting) and that Wizards routinely get compared to scientists. However, even with the “Wizards are scientists” characterization, you’re still dealing with a mystical tradition, which was what the New Age movement that came out of the hippies and the Theosophical movement that preceded them. Simply put, I don’t see a greater connection with hippies from psionics than I already see from Vancian magic. There’s plenty of room to characterize Wizards as hippies (or other oddballs) and they don’t get derided for it.

Really, when I see “psionics,” I think X-Men (and some other things, but I’ll stick to X-Men for now). And I looooooove X-Men.

Besides Professor Xavier, Jean Grey, and Emma Frost, Storm’s canonically psionic (she’s been one of my favorites forever) and a good number of powers various members display are either frequently associated with psionics (e.g., teleportation) or are quite possible within the psionics systems with which I’m familiar (like Wolverine’s claws)

But you know, you don’t have to be a mutant or have lots of midichlorians to be psionic; those serve as explanations, but they’re not baggage that pretend to be intrinsic to the talents. It’s a little more liberating to see that characterization, even if it’s for the same thing as what I’ve got.

There are a few things I have disliked about the various psionics systems, but the majority of those go back to before 3rd edition. I didn’t play before 3.0 and the more I look at material from O/BECMI and AD&D, the less I like those systems. It’s not that I don’t like them at all, but in general I’d much rather play something else.

3rd edition’s original psionics system (outside of the core rules, which only applied to monsters anyway) was spontaneous casting with power points instead of spell slots – Sorcery with MP. I greatly prefer MP to spell slots. Like, I’ll just say it: I freakin’ hate spell slots. D&D is the only game I’ve run into (besides ones specifically based on it) that uses the spell slot system. It claims that this is for the sake of balance. D&D’s magic system has never been balanced against the non-magic systems (except in 4e, which I’m not going to digress on here) and is widely noted for making magic users far more powerful than non-magic users. Meanwhile, systems that use MP don’t generally get this treatment (it varies from system to system, obviously). I don’t think MP is necessarily more balanced than spell slots, but I see no evidence to the claim that they’re balanced. What they are is annoying. What I see is a monument erected to the works of a mid-20th Century Sci Fi writer (whose work I didn’t like when I finally had the chance to read it) that’s been treated as a sacred cow because it functions more-or-less as product identity.

Getting to use MP instead of spell slots alone would be enough for me to love psionics. (Fortunately, Unearthed Arcana [3.5] had that as an option.)

When 3.5 revisited psionics, it came with an upgrade to further differentiate it from Vancian casting: augmentation. It got rid of the majority of the spells with split into lesser and greater forms (not entirely, but most) and replaced them with the option to make your powers better by spending more power points on them. This is nearly identical to how 5e’s magic system uses higher-level spell slots to augment effects – and is one of the main bits of praise I give to 5e.

The main downside to this system which I’ve read about is that it’s possible to “nova”: spend all of your power points in a single encounter to make incredibly powerful effects. That’s even though there’s a restriction on how many power points you can spend on a single manifestation (= level). However, I think that was a case of a mechanic needing tweaking and playtesting into higher levels (which is a long-standing complaint about 3.5′s balance in general, from what I’ve seen) rather than something abundantly awful with it. It also makes sense with what I’ve read about the designed balance being premised on having an average of four encounters a day and party members spending ¼ of their (renewable) resources on each encounter. If that were the usual case, then the psion going nova would be at a major disadvantage – solve one encounter a la a Wizard, but not be able to contribute beyond that.

Really, I think psionics gets a bad rap because early editions (before 3rd) went out of their way to distinguish it from magic, which was totally unwarranted, impractical, and unwise. I don’t know why psionics got distinguished from magic, I don’t like the idea of it, and I wish WotC would drop the idea from its newest playtest material. 3.5 gave the option of treating Psionics As Different (capitalized because that’s a subheading in the book), but it detailed why that’s a terrible idea mechanically. From a flavor perspective, the only rationalization I’ve seen is that psionics “comes from the mind” rather than from an extradimensional source, which is 1.) false in most such settings (much of it is tied to drawing forth ectoplasm from either the Astral or the Ethereal plane) and 2.) runs into the reason you see things like The Weave in D&D settings (explanations for how magic can defy the laws of physics). And then there’s The Force, an energy field which grants…traditional psychic powers (but strangely no teleportation that I’ve heard of…). There’s no reason for the characterization of psionics and magic being distinct to exist beyond tradition.

Dear Monkalunk, you need a psionic-flavored archetype (at minimum). -Snorcerer

[technato]

Driving Transportation to an Emissionless Future

Learn how Nikola Motor Company partnered with TE Connectivity to enable fully electric hydrogen powered long-haul trucks

Trucking is vital to the way we live. Trucks haul the final miles between warehouses and stores. Supermarket shelves would be empty without their weekly deliveries. Long-haul trucks carry what’s needed to where it’s needed quickly and affordably. It’s fair to say that without trucking, life as we know it would not be possible.

While trucking may be essential, it comes with environmental costs associated with diesel engine emissions. Standards are getting tougher around the world. Europe is moving towards outlawing emissions altogether by 2030.

To make diesel engines greener, manufacturers have partnered with TE Connectivity to develop and apply the necessary fluid quality, pressure and temperature sensors used in after-treatment emission systems that reduce pollutants. SCR (Selective Catalytic Reduction) technology reduce NOx emissions. SCR technology relies on the appropriate dosing of urea (Diesel Emission Fluid – DEF) into the exhaust stream from the engine through a catalyst to reduce NOx into ammonia, nitrogen and oxygen. TE’s urea quality sensors ensure the concentration and quality of urea in the DEF fluid meets industry standards. If the ratio of urea to demineralized water is out of specification or the urea fluid is contaminated, the sensor provides this feedback to the engine control system which then adjusts engine operation to ensure the exhaust emissions meet environmental regulations.

Although cleaner diesel engines are an improvement, they still create carbon-based emissions. The future may lie in harnessing new technologies that rely on cleaner forms of energy.

Nikola gearbox close up

A FUEL FOR TOMORROW:  HYDROGEN

One promising solution is a fully electric long-haul truck currently under development by Nikola Motor Company. Hydrogen fuel cells will create the current that charges the truck’s batteries and powers the drive train.

The idea of hydrogen as a fuel is not a new one. In fact, it precedes the era of oil. In 1806, Francois Isaac de Rivaz invented the first hydrogen-powered internal combustion engine. The hydrogen was held in a balloon.

By 1863, the hydrogen-powered Lenoir Hippomobile became the first successful commercial vehicle. Gas powered engines started appearing in 1870.1 Fast forward 150 years and technology has advanced to the point where hydrogen is ready for prime time. Hydrogen fuel cells have already proven themselves in space flight, and technology is on the cusp of making hydrogen commercially viable.

TURNING HYDROGEN INTO ELECTRICITY

While the technology behind the hydrogen fuel cell may be sophisticated, the science is a fairly basic electrochemical process. First, hydrogen gas meets an anode inside a fuel cell. Together with a catalyst, the anode splits the hydrogen in two creating a hydrogen ion (a proton) and an electron.

The reaction at the anode: 2H2 > 4H+ + 4e-

Attracted by the cathode, the positively charged hydrogen ions pass through an electrolytic membrane. Unable to pass through this membrane, the electrons flow through a wire outside the fuel cell, eventually arriving at the cathode and completing the circuit. At the cathode, both hydrogen particles mix with oxygen in the air where they form water and generate current.

The reaction at the cathode: O2 + 4H++4e- > 2H20

In the PEM (Proton Exchange Membrane) fuel cell used on a hydrogen-powered vehicle, semi bipolar plates are positioned on either side of the cell acting as both distributors as well as current collectors. The electrolyte is contained in a thin polymer membrane sandwiched between these plates. This membrane only allows protons to pass through it. In order to function properly, this membrane is kept moist by the water produced by the fuel cell.2

A typical fuel cell creates 0.6V to 0.7V per cell. To create sufficient voltage to charge the truck’s batteries, PEM fuel cells are connected in a series, otherwise known as a fuel cell stack. The greater the surface area of a fuel cell, the more current can be generated.3 By connecting cells in a series to build voltage and increasing cell area to boost current, it’s possible to generate the large amounts of electrical power necessary to power a class 8 truck.

The most frequently used catalyst in a hydrogen fuel cell is platinum. However, metallic bipolar plates like these can corrode and reduce the effectiveness of the fuel cell. Low temperature fuel cells feature lightweight metals, graphite or carbon/thermoset composites as bipolar plate material.4 A stack of lithium batteries collects the energy generated by the fuel cells and distributes it across four different motors, one for each wheel in the rear of the truck.

TE and Nikola Collaborate

Working with their engineering team, we’re demonstrating the capabilities of TE connectors in this high voltage environment.

ELECTRICITY MAKES IT RUN, COLLABORATION MAKES IT WORK

For the successful introduction of a major innovation like a fully electric class 8 truck, utmost importance is the safety and reliability of the vehicle. Nikola partnered with TE Connectivity to leverage our full portfolio of harsh environment connectors, sensors and high voltage solutions to ensure this high level of safety and reliability.

Working with their engineering team, we’re demonstrating the capabilities of TE connectors in this high voltage environment. For instance, TE’s high voltage connectors have integrated high voltage interlocks (HVIL) that ensure the system is safe from high voltage potentials when the connectors are in an unmated condition. The HVIL also ensures that the unmating of the terminals is completed with the high voltage potential removed. This eliminates any possibility of destructive arcing to occur between the terminals during the unmating process. The high voltage connectors are fully shielded to keep electromagnetic pulses from interfering with other critical circuitry. TE’s standard Deutsch connectors, known for their reliability in harsh environments, also carry-over to hydrogen fuel cell powered vehicles.

TE sensor technologies in E-motor resolvers, temperature, voltage, current, humidity, fluid quality, fluid level, position and pressure sensors, can provide robust solutions for various applications within the truck.

For instance, sensors play an important role in the stability of a fully electric truck. Around curves, the wheels on the inside of the curve should turn slower than those on the outside. In a standard truck, this is impossible since the wheels cannot turn independently. In the fully electric truck, each wheel motor powers its wheel independently. Thousands of times a second, the truck’s on-board computer samples sensor data from each wheel as well as the steering wheel, brakes, and accelerator pedal, then calculates how each wheel should respond. The motion control system sends this information to each motor telling it how to react. Because the inner wheels can slow while the outer wheels can accelerate, the truck has more control around curves, reducing the chances of fishtailing or rollovers.

As well, TE’s portfolio of high-speed interconnection solutions enable the reliable transfer of big data for various systems that play an important role in the final, road-ready Nikola One class 8 truck.

A NEW LEVEL OF EFFICIENCY

To keep a fully loaded truck moving requires a minimum of 1850 lb-ft of torque. 5 Diesel engines sacrifice acceleration and horsepower to generate sufficient torque. In the hydrogen electric truck, torque is instantaneous.6 Energy storage-to torque on an EV is more than 90% efficient rather than 35% for diesel engines.7 Since this new breed of trucks has an easier time generating torque, they can also have higher horsepower. The Nikola One’s 1000 horsepower system is capable of powering the truck up a mountain road at 65 miles an hour. Slow-moving trucks with blinking rear lights may one day be a distant memory.

The only emissions from a Nikola fully electric truck powered by hydrogen fuel cells are distilled water. But the benefits go far beyond the environmental.

Hydrogen filling is measured in kilograms. The Nikola hydrogen/electric system gets approximately 10 miles per kilogram of hydrogen. A modern diesel engine has to get 7.2 miles per gallon.8 So hydrogen is approximately 40% more efficient, since the potential energy in 1 kg of hydrogen is approximately the same as 1 gallon of diesel.

Because the hydrogen fuel cells create current as long as there’s hydrogen in the tank, they continually recharge the batteries. With an 70 kilogram tank, Nikola’s new breed of trucks have a range of 500 to 800 miles (depending on terrain) and a reserve charge of nearly 100 miles once all the hydrogen has been used. A plug-in battery electric truck would fall far short of that distance.

SO WHERE DO YOU GET A HYDROGEN FILL-UP?

Making the hydrogen/electric technology the future of trucking will require a new energy infrastructure to produce hydrogen, too. Rather than a central hub distributing hydrogen through pipelines, the current plan is to build a network of hydrogen-production plants at truck stops across the country. Powered by the electric grid as well as solar, wind, tidal, or geothermal energy, these mini-energy plants will give truckers a reliable source of hydrogen fuel to take them as far as they need to go and do it more affordably, more efficiently, more sustainably and more profitably than ever before.

Hydrogen Fill Station

At TE, we’re proud to play a part in shaping a greener, cleaner, more productive tomorrow for the trucking industry.

© 2017 TE Connectivity Ltd. family of companies. All Rights Reserved 09/2017

TE, TE Connectivity and TE connectivity (logo) are trademarks. Other product and/or company names might be trademarks of their respective owners.

Nikola Motor Company is a trademark.

1  http://fuel-efficient-vehicles.org/energy-news/?page_id=819

2 http://sepuplhs.org/high/hydrogen/hydrogen.html

3 http://www.fuelcellstore.com/fuel-cell-stacks

4 Karim Nice & Jonathan Strickland “How Fuel Cells Work” 18 September 2000.-HowStuffWorks.com. https://ift.tt/2pgEhXQ cy/alternative-fuels/fuel-cell.htm

5 http://www.autotraining.edu/blog/the-extraordinary-engine-configu– rations-of-18-wheelers/

6 https://www.carthrottle.com/post/how-do-electric-vehicles-produce– instant-torque/

7 https://cleantechnica.com/2013/09/16/instant-torque-and-blazing– speeds-the-best-thing-about-electric-cars/

https://ift.tt/2OxECQR didnt-know-about-semi-trucks/?slide=5

Driving Transportation to an Emissionless Future syndicated from https://jiohowweb.blogspot.com

[richard1lauritsen-blog]

Test Bank Legal Fundamentals for Canadian Business 4th Edition

For Order This And Any Other Test

 Banks And Solutions Manuals, Course,

 Assignments, Discussions, Quizzes, Exams,

 Contact us At: johnmate1122@gmail.com

  Legal Fundamentals for Canadian Business, 4e (Yates)  

Chapter 1   The Canadian Legal System

 1) Which of the following is the most usable definition of law?

A) It is most useful to us to define law in terms of what we think people ought to do.

B) We must define law in terms of what people used to do.

C) We must define law in terms of what the courts or other agents of government will enforce.

D) We must define law in terms of what society needs people to do.

E) It is most useful to us to define law in terms of what people do.

Answer: C

Diff: 1     Type: MC     Page Ref: 2

Skill: Recall

 2) Which of the following statements with regard to the characteristics of civil and criminal actions is true?

A) The person who begins a civil action is usually called the prosecutor.

B) A civil action is a private action; that is, a person or persons sue another or others usually for the purpose of being compensated for injury or loss suffered.

C) If a person is convicted of a criminal offence, he or she cannot also be sued in a civil action by the victim.

D) In a criminal case, an individual person is taking the action against the accused.

E) The prosecutor must prove his or her case based "upon a balance of probabilities."

Answer: B

Diff: 2     Type: MC     Page Ref: 3, 18, 23

Skill: Recall

 3) Which of the following is incorrect regarding roles played in legal cases?

A) In a civil action, the person suing is the plaintiff.

B) In a civil action, the person being sued is the defendant.

C) In an appeal, the person filing the appeal is the appellant.

D) In a civil case, the appellant is the same as the defendant, but he or she is now in the appeals process.

E) In a criminal case, the victim is likely to have the status of a witness.

Answer: D

Diff: 2     Type: MC     Page Ref: 3, 24

Skill: Recall

 4) Which of the following is correct with respect to the civil law system?

A) Quebec and New Brunswick use a system based on the French Civil Code.

B) The Civil Code as used in Quebec covers private disputes between individuals.

C) The Code is persuasive only and the judges are free to disregard it where the situation warrants.

D) The system used in Quebec is based on Justinian's code rather than the Napoleonic Code.

E) The Civil Code governs all legal matters arising in Quebec, including criminal actions.

Answer:  B

Diff: 2     Type: MC     Page Ref: 4

Skill:  Recall

5) At a recent computer show, you heard a student trying to explain our legal system to a man who recently immigrated from Russia. Which one of the following statements that he made is correct?

A) Today, we are governed only by statutes passed by our elected representatives.

B) All of the provinces follow law that stemmed from the English common law.

C) With the creation of our court system, the equitable tradition was lost. Today, a judge of our superior court does not apply principles or remedies developed by the courts of equity.

D) Judge-made law in England came from two traditions, civil law and parliamentary supremacy.

E) The chief characteristic of the common law is the theory of precedent; that is, judges are bound by decisions of judges on superior courts in that jurisdiction on the same point of law.

Answer: E

Diff: 2     Type: MC     Page Ref: 4, 5

Skill: Recall

 6) Which of the following is false with respect to our court system? (Note: B.C. is used as an example here.)

A) The consequence of the merger of the common law courts with the courts of equity is that the courts now apply both legal and equitable principles and remedies.

B) The lawyer arguing before the B.C. Supreme Court could cite a British case, but the judge is not bound to follow it.

C) There is no monetary limitation on the B.C. Supreme Court (i.e., the case may involve any amount of money).

D) A negligence action, where the extent of damage is $1500, would most likely begin in the B.C. Provincial Court, small claims division.

E) A judge on the B.C. Court of Appeal is bound to follow the decision of a judge on the B.C. Supreme Court on an identical case.

Answer: E

Diff: 2     Type: MC     Page Ref: 4, 5

Skill: Recall

 7) The custom of following already decided cases is called:

A) substantive law.

B) procedural law.

C) res judicata.

D) stare decisis.

E) civil law system.

Answer: D

Diff: 1     Type: MC     Page Ref: 5

Skill:  Recall

8) Which of the following statements is correct with respect to the sources of our law?

A) The Courts of Chancery developed the law of contracts.

B) Equity is a system of law developed by the provincial legislatures.

C) The term stare decisis refers to the practice of following precedent, which forms the basis of our common law system.

D) The only province in which a judge is required to follow a comprehensive civil code is Ontario.

E) The common law derived aspects of the law of families and estates from the French Civil Code.

Answer: C

Diff: 1     Type: MC     Page Ref: 5

Skill: Recall

 9) Which of the following is correct with respect to stare decisis in the common law?

A) Statutes play the same role as the code used in the French system.

B) It prevents a higher court from overruling a lower one.

C) It is based on trial by battle and trial by ordeal.

D) This term refers to the role played by the law of equity in our system.

E) It allows decisions of the courts to be set by precedent.

Answer: E

Diff: 2     Type: MC     Page Ref: 5

Skill: Recall

 10) Which of the following was not one of the factors that led to the creation of the law of equity?

A) the need for a supplement to the common law

B) the adherence to precedent

C) the unpredictable outcome in the common law courts

D) stare decisis

E) rigidity in the common law courts

Answer: C

Diff: 2     Type: MC     Page Ref: 6, 7

Skill: Recall

 11) Which of the following is correct with respect to the law of equity?

A) Equity means fairness in our legal system.

B) Equity refers to the body of law created by the Court of Chancery.

C) The Court of Equity was essentially a common law court.

D) Equity no longer exists; the courts were merged.

E) Equity refers to the amount still owing on a debt.

Answer: B

Diff: 2     Type: MC     Page Ref: 6

Skill:  Recall

12) An Ontario provincial court judge was forced to decide a case based on conflicting legal precedents from higher courts. One of the precedents had been set by the Ontario Court of Appeal. The other precedent had been set by the Alberta Court of Appeal. The Ontario provincial court judge elected to follow the Alberta Court of Appeal precedent. In these circumstances, the decision of the Ontario provincial court judge will likely be:

A) upheld on appeal because the judge clearly followed an existing precedent.

B) upheld on appeal because stare decisis only requires that a judge follow an earlier decision.

C) overturned on appeal because an inferior provincial court must follow the decision of a higher court within the province if faced with conflicting precedents elsewhere.

D) overturned on appeal because the judge failed to properly distinguish the cases before her.

E) stayed due to conflict of interest.

Answer: C

Diff: 2     Type: MC     Page Ref: 6

Skill: Applied

 13) Which of the following is incorrect regarding the development of common law in Canada?

A) Canon law (church law) influenced the development of common law in relation to the laws of wills and estates.

B) Common law was developed by the Court of Chancery.

C) Roman law influenced the development of common law in relation to property law.

D) The law merchant influenced the development of common law in relation to the law of negotiable instruments.

E) Common law is a body of rules based on cases developed in the common law courts.

Answer: B

Diff: 2     Type: MC     Page Ref: 6

Skill: Recall

 14) Which of the following is correct with respect to the role of statutes in our legal system?

A) Only the federal Parliament may enact statutes.

B) In Canada, most new laws follow the Civil Code legal system.

C) Where a properly passed provincial statute is in conflict with a well-established common law principle, the statute will be void.

D) Once a statute has been interpreted and applied in a court, a subsequent judge in a lower court is not required to follow that decision if he or she disagrees with it.

E) A statute, if it is clear and concise and properly passed, will always override common law and equity.

Answer: E

Diff: 1     Type: MC     Page Ref: 7

Skill: Recall

 15) Which of the following statements about statutes is true?

A) A statute may be only federal.

B) Statutes apply only when there is no common law covering the situation.

C) Government regulations are considered supreme to statute law.

D) Statutes are laws created by legislative bodies.

E) Statutes often summarize or modify canon law.

Answer: D

Diff: 2     Type: MC     Page Ref: 7

Skill:  Recall

16) Which of the following will a judge not apply in a Canadian court?

A) constitutional law

B) equitable principles

C) statute law

D) common law principles

E) Roman law

Answer: E

Diff: 1     Type: MC     Page Ref: 8

Skill: Recall

 17) In order to address the problem of illegal drugs being sold on university campuses across the country, the federal government passed a law allowing police officers to search student backpacks in order to seize any drugs found. The new law does not require that the police have any reasonable or probable grounds but rather allows them to search "whoever they want whenever they want." John Phillips was the first individual charged under the new law. His lawyer's attempt to have the law ruled unconstitutional will likely:

A) fail because illegal drug use is a serious issue on university campuses and the wide search powers constitute a reasonable exception to our Charter rights.

B) succeed. The law will be struck down and held to be void given the broad and unreasonable nature of the search and seizure powers violating John's legal rights under the Charter.

C) fail because the university also passed a by-law supporting the police entitlement to search backpacks and seize drugs.

D) fail because the federal government failed to employ the section 33 "notwithstanding" clause.

E) succeed because the federal government does not have the constitutional jurisdiction to make criminal law.

Answer: B

Diff: 2     Type: MC     Page Ref: 11, 13, 14

Skill: Applied

 18) Which of the following is incorrect with respect to the Charter and the Constitution?

A) Canada is no longer required to go to the Parliament of England for any constitutional change.

B) The most significant accomplishment of the Constitution Act (1982) was to create a new court structure for Canada.

C) The BNA Act (Constitution Act [1867]) divides power between the federal and provincial governments.

D) The provisions of the Charter of Rights and Freedoms guarantee us rights and freedoms that restrict both federal and provincial governments.

E) Rights such as freedom of expression are now constitutionally guaranteed.

Answer: B

Diff: 2     Type: MC     Page Ref: 8, 11

Skill:  Recall

19) Uncle Max just emigrated to Canada and learned some things about our laws and constitution on the plane. Which of the following things he heard is true?

A) There are many aspects of our constitution that we have inherited from the United States.

B) The Charter of Rights and Freedoms, part of the Constitution Act (1982), has been entrenched in our constitution and therefore cannot be changed.

C) The Constitution Act (1982) was the first document to determine which classes of subjects could be dealt with by the provinces and which by the federal government.

D) Our constitution provides that the provincial legislatures have exclusive jurisdiction to enact laws concerning health and education in the province.

E) Our federal Parliament is supreme in enacting laws concerning municipalities.

Answer: D

Diff: 2     Type: MC     Page Ref: 8

Skill: Recall

 20) With regard to the Constitution of Canada, which of the following is true?

A) Federal judges have been given the sole power to amend the Charter of Rights and Freedoms.

B) The Constitution provides for a single system of government.

C) The British Parliament can continue to pass legislation that affects Canada.

D) The Constitution Act (1982) contains a Charter of Rights and Freedoms that curbs the power of the federal and provincial legislatures.

E) The Constitution Act (1982) outlines which matters can be dealt with only by the federal government.

Answer: D

Diff: 1     Type: MC     Page Ref: 11, 13

Skill: Recall

 21) Which of the following statements is correct with respect to our constitutional law?

A) The Constitution Act (1982) is the supreme law of Canada and overrides statutes.

B) The Canadian Charter of Rights and Freedoms is part of the BNA Act (1867).

C) The Constitution Act (1982) was passed only by the English Parliament.

D) The Charter of Rights and Freedoms is entrenched and, as such, none of its provisions can be overridden by any level of government.

E) Both the federal and provincial governments can change the provisions of the Charter of Rights and Freedoms without going through the constitutional amending process.

Answer: A

Diff: 2     Type: MC     Page Ref: 13

Skill:  Recall

22) Regarding the Charter of Rights and Freedoms, which of the following statements is true?

A) Any statute, by any level of government, no matter how inconsistent it is with the provisions of the Charter, is still considered binding on all Canadians.

B) Neither the federal government nor the provincial governments can change the provisions of the Charter without going through the constitutional amending process.

C) Any action by a government official that violates the provisions of the Charter is not actionable under the Charter.

D) The guarantee of the right of free speech allows citizens to avoid being held liable for defamation under the Constitution of Canada.

E) The Charter protects fundamental freedoms that apply only to relations between private citizens.

Answer: B

Diff: 1     Type: MC     Page Ref: 13

Skill: Recall

 23) Which of the following statements is correct with respect to the application of the Charter of Rights and Freedoms?

A) Any provincial human rights legislation must comply with the provisions of the Charter.

B) The Charter applies to the federal and provincial governments.

C) The Charter takes precedence over Aboriginal treaty rights when there are inconsistencies between the two.

D) The provisions of the Charter apply only to government and to any government representative exercising a statutory power.

E) The Charter specifically prohibits discrimination on the basis of sexual orientation.

Answer: B

Diff: 2     Type: MC     Page Ref: 13

Skill: Recall

 24) Which of the following is true with regard to our legal system?

A) Our constitution can be amended by the federal Parliament acting alone.

B) Our Charter of Rights and Freedoms diminishes the power of both the federal and provincial legislatures.

C) Case law overrides the statute law on the same point.

D) If a case were heard before a provincial trial-level court, the judge could apply legal principles and award only cash remedies.

E) An appeal from the Supreme Court of Canada goes to the Federal Court of Appeal.

Answer: B

Diff: 2     Type: MC     Page Ref: 13

Skill:  Recall

25) With regard to the relationship between the judiciary (courts) and the legislatures, which of the following is true?

A) Common law overrides case law on the same point.

B) The courts have no authority to affect a statute once it has been passed by our elected representatives in the federal Parliament.

C) A provincial statute could be struck down by the courts for being contrary to the Charter of Rights and Freedoms.

D) The courts have no power to declare a provincial statute to be void; only federal statutes can be struck down by the courts.

E) The courts cannot affect the meaning of the statute through subsequent interpretation.

Answer: C

Diff: 2     Type: MC     Page Ref: 13, 15

Skill: Recall

 26) The Charter of Rights and Freedoms applies to which of the following?

A) the police

B) a municipal council

C) the provincial cabinet

D) a human rights commission

E) all of the above

Answer: E

Diff: 1     Type: MC     Page Ref: 13

Skill: Recall

 27) Which of the following situations would be addressed on the basis of the Charter of Rights and Freedoms?

A) discrimination in hiring at the local coffee shop on the basis of a physical disability

B) denying a promotion at a provincial ministry on the basis of age

C) refusing apartment accommodation on the basis of a mental disability

D) refusing access to a concert on the basis of having no ticket

E) denying employment at a provincial ministry on the basis of inadequate academic preparation

Answer: B

Diff: 2     Type: MC     Page Ref: 13

Skill: Applied

 28) Which of the following is a right or freedom guaranteed in the Charter?

A) the right to vote in federal and provincial elections

B) the right to have your children educated in any language

C) the right to be assured of a minimum level of income

D) the right to own property

E) the right to bear arms

Answer: A

Diff: 2     Type: MC     Page Ref: 14

Skill:  Recall

29) Which of the following is a legal right under the Charter?

A) The Charter applies only to government employees.

B) Legal rights include the rights to life, liberty, and the security of person.

C) The Charter states that everyone is not equal under the law.

D) The Charter does not protect the rights of Aboriginal people.

E) The Charter applies only to the federal government.

Answer: B

Diff: 3     Type: MC     Page Ref: 14

Skill: Recall

 30) Which of the following is a legal right under the Charter?

A) Everyone has the democratic right to vote regardless of age or mental capacity.

B) Everyone has the right to be employed.

C) Everyone has the right not to be deprived of his or her property.

D) Everyone has the right not to be exposed to any unreasonable search and seizure.

E) Everyone has the right to freedom of expression even if it interferes with the freedom of others.

Answer: D

Diff: 2     Type: MC     Page Ref: 14

Skill: Recall

 31) Which of the following is correct with respect to the Charter of Rights and Freedoms?

A) The Parliament or provincial legislature cannot override a section of the Charter.

B) The federal or provincial legislatures cannot override a person's right not to be discriminated against on the basis of race or religion.

C) The federal or provincial legislatures cannot override a person's right to free speech.

D) Section 33 (the notwithstanding clause) applies to all provisions of the Charter.

E) Mobility rights cannot be restricted by government or its agents.

Answer: B

Diff: 2     Type: MC     Page Ref: 14

Skill: Recall

 32) (Note: B.C. is used as an example here.) Fred sold Carole his old Macintosh computer and his printer in addition to eight programs for $2900. After she paid $1000, Carole quit paying. When she had no complaint about the computer, printer, or programs but simply wouldn't pay, Fred decided to sue. He would most likely begin his action in:

A) Small Claims Division, Provincial Court.

B) B.C. Supreme Court.

C) Criminal Division, Provincial Court.

D) Federal Court.

E) B.C. Court of Appeal.

Answer: A

Diff: 1     Type: MC     Page Ref: 16

Skill:  Recall

33) Ted was recently selected foreman of a jury in a high-profile criminal case. After hearing all of the evidence, the closing arguments of counsel, and the instructions from the judge, the jury returned to the jury room to decide the fate of the accused. Before coming to any decision, Ted asked the judge if they could decide both the facts and the law. The judge advised the jurors that:

A) they alone were responsible for deciding questions of fact and law.

B) he would be required to declare a mistrial in the circumstances.

C) they should return to the jurors' room and deliberate further on the issues of law only.

D) the jury's function is to hear evidence and decide questions of fact only. Questions of law are left to the judge.

E) he would deliver a directed verdict immediately in favour of the accused.

Answer: D

Diff: 2     Type: MC     Page Ref: 17

Skill: Applied

 34) Which of the following is correct with respect to specialized divisions of lower-level provincial courts?

A) Family courts deal with family law matters, including division of assets, custody of children, and divorce.

B) Youth courts deal with juveniles.

C) Criminal courts deal with all criminal offences.

D) The small-claims courts deal with criminal actions involving relatively small amounts of money.

E) All provinces share the same court structure.

Answer: B

Diff: 3     Type: MC     Page Ref: 16

Skill: Recall

 35) The highest-level trial court of the province cannot do which one of the following?

A) award punitive damages

B) try a case involving a claim for billions

C) hear trials (i.e., be a court of first instance)

D) hear criminal cases

E) bind the court of appeal of the province by its decisions

Answer: E

Diff: 2     Type: MC     Page Ref: 17

Skill: Recall

 36) Which of the following is true in relation to the Supreme Court of Canada?

A) The Supreme Court of Canada has one judge from each province and territory.

B) The Supreme Court of Canada selects the cases it hears based on what it thinks is most important for the country.

C) Private citizens have the right to take cases to the Supreme Court of Canada as a final appeal.

D) The judges on the Supreme Court of Canada are appointed by Parliament.

E) The Supreme Court of Canada hears appeals from federal courts, but not from provincial courts of appeal.

Answer: B

Diff: 2     Type: MC     Page Ref: 17

Skill:  Recall

37) Which of the following statements is correct?

A) In a civil action, the prosecution is referred to as Rex or Regina.

B) Tribunals act under provincial human rights legislation, which may not be in harmony with the provisions of the Charter of Rights and Freedoms.

C) Provincial courts deal only with civil matters.

D) In some provinces, discovery is increasing in scope, leading to a need to allow more time for it.

E) The tax court and military tribunals have the status of federal courts with specialized functions.

Answer: E

Diff: 2     Type: MC     Page Ref: 18

Skill: Recall

 38) Which of the following is correct in relation to legal representation and services?

A) People have the right to represent themselves, but only in civil cases.

B) Notary publics are lawyers who specialize in estates and land transfers.

C) In the English-speaking provinces of Canada, when lawyers are "called to the bar," they are designated as both barristers and attorneys.

D) In England, the term solicitor is no longer accepted; only barristers and attorneys may provide legal representation.

E) In both civil and criminal systems, people have the right to represent themselves.

Answer: E

Diff: 3     Type: MC     Page Ref: 18

Skill: Recall

 39) Which of the following is the document that initiates a court action in this jurisdiction?

A) Discovery

B) Writ of summons

C) Appearance

D) Statement of claim

E) Statement of defence

Answer: B

Diff: 1     Type: MC     Page Ref: 20

Skill: Recall

 40) In the procedure leading to trial of a civil matter, the step in which one party can be required to answer under oath questions that are put to him by the other party's lawyer is known as which of the following?

A) stare decisis

B) the appearance

C) the statement of defence

D) discovery

E) default judgment

Answer: D

Diff: 2     Type: MC     Page Ref: 20, 21

Skill:  Recall

41) Which of the following is incorrect in relation to the trial and judgment?

A) Usually, trials are open to the public.

B) Criminal juries consist of 12 people, and if some are disqualified or become sick during the trial, at least 10 jurors must render the decision and they must be unanimous in their decision.

C) Once a judgment for liability is obtained in a civil action, the standard remedy is an order that the defendant pay the plaintiff a sum of money called damages.

D) "You were there on Saturday, weren't you?" would be allowed in direct examination.

E) If a judgment debtor tries to conceal assets or otherwise avoid payment, his conduct may amount to contempt of court.

Answer: D

Diff: 3     Type: MC     Page Ref: 22

Skill: Applied

 42) With regard to the process of a civil law suit, which of the following is true?

A) The plaintiff must prove his or her case on the balance of probabilities, not beyond a reasonable doubt.

B) The statement of claim is a document registered by the plaintiff that contains a summary of the allegations that support the cause of action.

C) Any admission by the defendant at the examination for discovery can be used against him or her by the plaintiff at trial.

D) A counterclaim is an action by the defendant back against the plaintiff.

E) All of the above

Answer: E

Diff: 2     Type: MC     Page Ref: 20-22

Skill: Recall

 43) Which of the following is true related to remedies the court might order?

A) Permanent injunctions may be awarded prior to trial where circumstantial evidence shows a specific action must be prevented.

B) Interim and interlocutory injunctions are given before trial, usually to prevent greater harm to one of the parties.

C) A Mareva injunction allows the seizure of evidence and documents to ensure that they are not destroyed.

D) Solicitor client costs refers to payment by the losing party to compensate the winner for such costs as photocopying and partial compensation for lawyers' fees.

E) General damages are those that can be accurately calculated (e.g., medical expenses, lost wages).

Answer: B

Diff: 2     Type: MC     Page Ref: 23

Skill:  Recall

44) Which of the following statements is incorrect regarding legal remedies?

A) If a business had improperly used the logo of another company to market its own products, misleading the public as to the source of the product, the judge might order an accounting.

B) Where a person is selling pirated versions of a Disney movie, an Anton Piller order could be used to seize the movies and related documents in advance of the trial.

C) If a business had improperly used the logo of another company to market its own products, misleading the public as to the source of the product, the judge would likely award damages for pain and suffering.

D) Where a person is selling pirated versions of a Disney movie, both an Anton Piller order and a Mareva injunction might be authorized.

E) In the case of dispute over the sale of land, if the judge determines that the sale should proceed, he or she might order specific performance.

Answer: C

Diff: 2     Type: MC     Page Ref: 23

Skill: Applied

 45) Which of the following is correct with respect to the litigation process?

A) A statement of defence is a pleading prepared and filed by a plaintiff in response to the defendant's claims.

B) Even though a judgment is obtained, payment is not assured.

C) An offer to settle brings to an end the parties' right to proceed to trial.

D) A counterclaim is brought by the plaintiff who is then claiming against the defendant.

E) An examination for discovery of documents is an opportunity for the parties to settle the dispute before proceeding to trial.

Answer: B

Diff: 2     Type: MC     Page Ref: 24

Skill: Recall

 46) Mr. Holden, a program developer, had a successful business helping small firms and shops computerize their businesses. In his spare time, he developed software for inventory control that was superior to others on the market. He launched an ad campaign and all went well for several months until a competitor released a cheaper program. In time, Holden could not pay his debts when they became due and owing. A supplier sued for damages and was awarded $21 000. Holden did not pay. With regard to the supplier's position at this time, which of the following is true?

A) The supplier could ask for a post-trial hearing to identify Holden's assets and sources of income.

B) Since the decision is in his favour, the supplier would be a judgment creditor and Holden would be a judgment debtor.

C) The supplier could have a garnishee order served on Holden's bank, ordering the bank to pay money into court instead of to Holden.

D) The supplier could get a government official to seize and sell enough of Holden's property to satisfy the debt.

E) All of the above

Answer: E

Diff: 2     Type: MC     Page Ref: 24, 25

Skill:  Applied

47) Nadia recently learned that her credit card company charged her an unauthorized amount of 24 cents on her credit card bill. She reviewed the matter and determined that this charge had been made on a monthly basis for several months. She consulted with a lawyer who told her that in the circumstances the best procedural approach to addressing the problem was for her to:

A) issue a claim in Small Claims Court for the few dollars that she had been improperly charged.

B) commence court proceedings in Superior Court seeking a greater amount for legal costs.

C) do nothing given the small amount at stake and the costs of litigation.

D) seek to have the action against the credit card company certified as a class action, thereby allowing her to represent the entire group of possible class members, i.e., those who likewise were billed an unauthorized amount by the credit card company.

E) forget any court proceedings but try to attract media attention.

Answer: D

Diff: 2     Type: MC     Page Ref: 21, 22

Skill: Applied

 48) Bruce told Ewen that he would be willing to pay a high rate of interest for a two-month loan of $1000. Ewen agreed to lend Bruce this amount at an annual rate of 25%, repayable June 14. Bruce agreed to these terms. Meanwhile, Bruce had recently completed some plumbing work for Martinson for which he was owed $2000. If Bruce failed to pay Ewen on June 14, which of the following is true?

A) Ewen could execute against Bruce even if he had not obtained judgment against him.

B) Ewen could sue Martinson for violation (breach) of the contract.

C) Ewen could serve Martinson with a garnishing order after obtaining judgment commanding Martinson to pay the money owed to Bruce into court if the money had not yet been paid to Bruce.

D) Ewen does not have to wait to obtain a judgment before executing against Bruce's assets.

E) If Ewen obtained a judgment against Bruce, he could compel Bruce to be examined about Martinson's income, property, and debts.

Answer: C

Diff: 2     Type: MC     Page Ref: 25

Skill: Applied

 49) Plaintiffs and defendants are often required to proceed to mediation before a trial date can be scheduled. A mediator is the third party who attempts to assist the litigants in resolving their dispute. During the course of mediation, offers to settle may be made. What use can a plaintiff make of an offer to settle made by the defendant at mediation if settlement is not reached?

A) The plaintiff can advise the trial judge during trial that a settlement offer was made at mediation and how much that offer was.

B) The plaintiff can advise the trial judge during trial that an offer to settle was made at mediation but cannot advise the judge how much the offer was for.

C) The plaintiff is never at liberty to disclose any offers to settle made at mediation. These must be kept confidential.

D) No disclosure of an offer to settle may be made unless the mediator is called to give evidence at the trial.

E) All matters at mediation can be disclosed at trial.

Answer: C

Diff: 2     Type: MC     Page Ref: 26

Skill:  Applied

50) Which of the following statements is true?

A) The rules of precedent apply to arbitration hearings.

B) Mediators have the power to enforce decisions.

C) The public is entitled to know the result of mediated cases.

D) Alternate dispute resolution methods are less costly than litigation.

E) Use of alternate dispute resolution precludes parties from litigating.

Answer: D

Diff: 2     Type: MC     Page Ref: 26-28

Skill: Recall

 51) Which of the following statements is correct?

A) Alternate dispute resolution agreements are enforceable and appealable.

B) The parties to a dispute lose control in negotiations.

C) There is a great deal of flexibility in negotiation and mediation.

D) Goodwill is most likely maintained in litigation.

E) Privacy is maintained in an adjudication.

Answer: C

Diff: 2     Type: MC     Page Ref: 27

Skill: Recall

 52) A negotiation will most likely lead to agreement when the parties are:

A) equal in power.

B) coercive.

C) vulnerable.

D) uncommunicative.

E) aggressive.

Answer: A

Diff: 2     Type: MC     Page Ref: 28

Skill: Applied

 53) Many characteristics associated with the use of the court process may be considered advantages or disadvantages when compared to alternate dispute resolution. Which of the following is a favourable characteristic one would associate with the litigation process?

A) It is a less costly method of obtaining a resolution to a dispute.

B) It is a method of dispute resolution where both parties are more likely to be satisfied with the outcome.

C) Confidentiality is protected.

D) It is a speedier method of obtaining resolution of a dispute.

E) Enforcement of the decision is more likely.

Answer: E

Diff: 2     Type: MC     Page Ref: 28

Skill:  Applied

54) Which of the following regulatory board decisions would likely merit a court review?

A) a decision where the party involved had a fair hearing but felt the board decision was not the best one for her

B) a decision made despite the absence of one member of the board for 15 minutes during the hearing

C) a decision in which the party was not allowed to cross-examine witnesses

D) a decision in which the board did not apply the rules of evidence commonly used in a judicial hearing

E) a decision made after the person had been given reasonable notice of the hearing and related information, but he was not prepared with an appropriate response

Answer: B

Diff: 3     Type: MC     Page Ref: 29

Skill: Applied

 55) With regard to administrative law, the court exercises its review power with the option to apply which of the following remedies?

A) mandamus

B) injunction

C) prohibition

D) certiorari

E) All of the above are remedies available to the court.

Answer: E

Diff: 2     Type: MC     Page Ref: 31

Skill: Recall

 56) Which of the following statements is incorrect?

A) If a person is accused of a crime, the prosecutor must establish "beyond a reasonable doubt" that he or she is guilty of the offence.

B) The huge bonuses that executives at U.S. financial institutions took for themselves after the government bailout may be viewed as morally reprehensible, but it is doubtful that any law was broken.

C) "You were there at noon on the day the event occurred, weren't you?" would be allowed on cross-examination.

D) If a person drinks and drives and injures someone, he or she can usually rely on intoxication as a defence.

E) If two parties include a clause in a contract that stipulates that any disputes will be resolved by arbitration, it is unlikely a court would hear the case if one of the parties decided to litigate instead of relying on arbitration.

Answer: D

Diff: 2     Type: MC     Page Ref: 32

Skill: Applied

 57) When a client consults with a lawyer, the lawyer provides instruction and direction as to what to do.

Answer: FALSE

Diff: 1     Type: TF     Page Ref: 4

Skill:  Applied

58) Risk avoidance involves anticipation of what can go wrong and taking steps to avoid that eventuality.

Answer: TRUE

Diff: 1     Type: TF     Page Ref: 2

Skill: Recall

 59) Law and morality are the same thing.

Answer: FALSE

Diff: 1     Type: TF     Page Ref: 3

Skill: Applied

 60) Substantive law is concerned with how legal institutions work.

Answer: FALSE

Diff: 1     Type: TF     Page Ref: 3

Skill: Recall

 61) A person has the right to appeal a decision in a civil court.

Answer: TRUE

Diff: 1     Type: TF     Page Ref: 3

Skill: Recall

 62) The appellant may be either the plaintiff or the defendant.

Answer: TRUE

Diff: 1     Type: TF     Page Ref: 3

Skill: Recall

 63) A criminal matter is usually offensive conduct considered serious enough for the government to get involved and punish the wrongdoer.

Answer: TRUE

Diff: 1     Type: TF     Page Ref: 3

Skill: Recall

 64) Civil law is based on a codified system.

Answer: TRUE

Diff: 1     Type: TF     Page Ref: 4

Skill: Recall

 65) If a lawsuit is filed in Quebec after a runner carelessly bumps into another and causes injury, the judge would rely on precedent cases to determine the outcome of the case.

Answer: FALSE

Diff: 1     Type: TF     Page Ref: 4

Skill: Applied

 66) Judges in a common law system base their decisions on other judges' decisions.

Answer: TRUE

Diff: 1     Type: TF     Page Ref: 4, 5

Skill: Recall

 67) A British Columbia judge is required to follow the decisions of a higher court in Alberta.

Answer: FALSE

Diff: 1     Type: TF     Page Ref: 4, 5

Skill:  Recall

68) In the common law system, if a judge feels that the decision made by a judge in a higher court is wrong, he or she is free to disregard it.

Answer: FALSE

Diff: 1     Type: TF     Page Ref: 5

Skill: Recall

 69) Common law judges in Canada often look to decisions from other, similar judicial systems, including Great Britain, the United States, Australia, and New Zealand; these decisions are not binding, although they can be persuasive on Canadian courts.

Answer: TRUE

Diff: 1     Type: TF     Page Ref: 5

Skill: Recall

 70) Stare decisis is the Latin term for following the code.

Answer: FALSE

Diff: 1     Type: TF     Page Ref: 4, 5

Skill: Recall

 71) The common law courts as developed by the king of England were used to impose the will of the sovereign on the people.

Answer: FALSE

Diff: 1     Type: TF     Page Ref: 6

Skill: Recall

 72) Although the Court of Chancery and common law courts were merged, the bodies of law remain separate today.

Answer: TRUE

Diff: 1     Type: TF     Page Ref: 6

Skill: Recall

 73) The law of equity was developed in the Court of Chancery.

Answer: TRUE

Diff: 1     Type: TF     Page Ref: 6, 7

Skill: Recall

 74) Although the English-speaking provinces adopted the English legal system at different times in their history, they now have a common body of laws.

Answer: FALSE

Diff: 1     Type: TF     Page Ref: 8

Skill: Recall

 75) Since the passage of the Constitution Act (1982), federal legislation in Canada no longer requires royal assent from the governor general.

Answer: FALSE

Diff: 1     Type: TF     Page Ref: 10

Skill: Recall

 76) Parliamentary supremacy is no longer completely in effect in Canada today.

Answer: TRUE

Diff: 1     Type: TF     Page Ref: 13

Skill:  Recall

77) The provisions set out in the Charter of Rights and Freedoms are general principles. To understand what they really mean, it is necessary to examine the decisions of courts, especially those of the Supreme Court of Canada.

Answer: TRUE

Diff: 1     Type: TF     Page Ref: 15

Skill: Recall

 78) The small claims court deals with civil actions where one party sues another for relatively small amounts of money.

Answer: TRUE

Diff: 1     Type: TF     Page Ref: 16

Skill: Recall

 79) A jury is not available in civil disputes.

Answer: FALSE

Diff: 1     Type: TF     Page Ref: 17

Skill: Recall

 80) The Supreme Court of Canada hears only appeals of private citizens.

Answer: FALSE

Diff: 1     Type: TF     Page Ref: 17

Skill: Recall

 81) A case in which one person sues another for breach of contract would be conducted in a criminal court.

Answer: FALSE

Diff: 1     Type: TF     Page Ref: 18

Skill: Recall

 82) In a criminal matter, the judge must be satisfied that the accused probably committed the crime.

Answer: FALSE

Diff: 1     Type: TF     Page Ref: 22

Skill: Recall

 83) Negotiation works only when both parties are willing to make concessions.

Answer: TRUE

Diff: 1     Type: TF     Page Ref: 26

Skill: Recall

 84) Serious disadvantages of alternate dispute resolution are that it is expensive and time consuming.

Answer: FALSE

Diff: 1     Type: TF     Page Ref: 28

Skill: Recall

 85) Prohibition involves overturning the decision of the decision maker.

Answer: FALSE

Diff: 1     Type: TF     Page Ref: 31

Skill:  Recall

86) Mandamus involves the decision maker being required to make a decision.

Answer: TRUE

Diff: 1     Type: TF     Page Ref: 31

Skill: Recall

 87) Administrative decisions are excluded from the Charter of Rights and Freedoms.

Answer: FALSE

Diff: 1     Type: TF     Page Ref: 31

Skill: Recall

 88) Who brings a civil action?

Answer: the plaintiff

Diff: 1     Type: SA     Page Ref: 3

Skill: Recall

 89) Who are the parties in a civil action?

Answer: plaintiff and defendant

Diff: 1     Type: SA     Page Ref: 3

Skill: Recall

 90) Which province in Canada continues to use a civil code system of law?

Answer: Quebec

Diff: 1     Type: SA     Page Ref: 4

Skill: Recall

 91) The body of law developed by the Court of Chancery is called ________.

Answer: equity

Diff: 1     Type: SA     Page Ref: 6, 7

Skill: Recall

 92) The law of equity was developed by ________.

Answer: the Court of Chancery

Diff: 1     Type: SA     Page Ref: 6, 7

Skill: Recall

 93) What is the highest court in Canada?

Answer: Supreme Court of Canada

Diff: 2     Type: SA     Page Ref: 17

Skill: Recall

 94) How many judges are involved at the Supreme Court of Canada level and how are they appointed?

Answer: There are nine judges. These judges are appointed by the governor general upon recommendation by the prime minister and cabinet.

Diff: 2     Type: SA     Page Ref: 17

Skill: Recall

 95) What is the standard of proof used in a civil action?

Answer: balance of probabilities

Diff: 2     Type: SA     Page Ref: 22

Skill:  Recall

96) Who prosecutes a criminal matter?

Answer: the state (i.e., the Crown)

Diff: 2     Type: SA     Page Ref: 32

Skill: Recall

 97) What is the standard of proof used in a criminal matter?

Answer: beyond a reasonable doubt

Diff: 2     Type: SA     Page Ref: 32

Skill: Recall

 98) Why is law important?

Answer: Business activities involve significant human interaction. Our business relationships involve important rights, responsibilities, and obligations. These take the form of legal rules, so it's important to understand law as we participate in business.

Diff: 1     Type: ES     Page Ref: 2

Skill: Applied

 99) Identify five ways in which companies can reduce legal risks in business transactions.

Answer: Students may identify any number of options available to businesses. Their suggestions might include these risk-avoidance strategies and practices:

1. Know enough about the law to be able to avoid legal problems.

2. Know when legal advice is needed.

3. Recognize legal risks associated with physical facilities.

4. Prepare contracts with an anticipation of all possible eventualities.

5. Include alternate dispute resolution options in contracts.

6. Protect intellectual property.

Diff: 2     Type: ES     Page Ref: 2, 20

Skill: Applied

 100) Distinguish between a criminal trial and a civil trial.

Answer: A criminal trial involves a prosecutor acting on behalf of the state, prosecuting an accused to the end that that person will be punished for his or her offence against the state. The status of the victim is as a witness. In a civil action (often referred as a private action), one person is suing another to the end that the court will award compensation for injury suffered or some other remedy requested by the plaintiff. The standard proof is also different in a criminal action, where the matter must be proved beyond a reasonable doubt, while in a civil action the standard is upon the balance of probabilities.

Diff: 3     Type: ES     Page Ref: 3, 22, 32

Skill: Applied

 101) Identify the parties and their roles in a civil action.

Answer: The person who is suing is the plaintiff and the person being sued is the defendant. If one party is dissatisfied with the outcome of the case and decides to appeal the decision, the one who files the appeal is the appellant and the other party is the respondent. Note that the appellant can be either the former plaintiff or the former defendant.

Diff: 2     Type: ES     Page Ref: 3

Skill:  Recall

102) What role does the civil code system of law play in Canada?

Answer: Quebec uses a civil code for areas that fall under its jurisdiction.

Diff: 1     Type: ES     Page Ref: 4

Skill: Applied

 103) Explain what role precedent plays in the civil code system of law.

Answer: Prior judges' decisions are merely persuasive, not binding; the Code is binding.

Diff: 1     Type: ES     Page Ref: 4

Skill: Applied

 104) Explain what is meant by stare decisis.

Answer: This is the foundation of the common law system whereby one judge's decision must be followed by another. This system involves a complex set of rules to determine which precedent must be followed. Basically, a decision in a case involving the same legal issue decided in a higher court in the same jurisdiction is a binding precedent that must be followed.

Diff: 2     Type: ES     Page Ref: 4, 5

Skill: Recall

 105) Explain why the law of equity developed.

Answer: Because of the inequity and harshness of the common law, people seeking unique remedies would petition the king for relief. Since, in theory, the king was the source of all power for all courts, he had the power to make orders overcoming individual injustices caused by the shortcomings of the common law courts. This task was soon assigned to others and eventually developed into a separate body known as the Court of Equity. The body of law that developed was equity, and so it can be said that equity developed to supplement the common law because of the inadequacy and rigidity of the common law.

Diff: 2     Type: ES     Page Ref: 6, 7

Skill: Recall

 106) "The term equity refers to fairness in our legal system." Discuss the accuracy of this statement.

Answer: Equity is that body of law developed by the Court of Chancery and may or may not be considered fair by today's standards. In the 19th century, the Court of Chancery and common law courts were merged into one court system, but it must be emphasized that the bodies of law developed (that is, common law and equity) remain separate and distinct bodies of law.

Diff: 2     Type: ES     Page Ref: 6, 7

Skill: Applied

 107) Explain why statutes override the common law.

Answer: Because of the principle of parliamentary supremacy, when Parliament passes a statute, it overrides common law or equity.

Diff: 2     Type: ES     Page Ref: 7

Skill: Applied

 108) What is the significance of the Constitution Act (1867)?

Answer: It created the Confederation of Canada and, for our purposes today, it divides powers between the federal and provincial governments.

Diff: 2     Type: ES     Page Ref: 8

Skill:  Recall

109) "Canada's Constitution is embodied in the British North America Act." Comment on the accuracy of this statement.

Answer: This is incorrect. Canada has a constitution similar to that of the United Kingdom. It is an unwritten constitution in the sense that it is found in various proclamations, statutes, traditions, and judicially proclaimed principles. Thus, the rule of law, the Magna Carta, and parliamentary supremacy are all part of the constitutional tradition inherited by Canada. The BNA Act has constitutional status in Canada.

Diff: 2     Type: ES     Page Ref: 8

Skill: Applied

 110) Give examples of areas that fall under federal jurisdiction.

Answer: money and banking, the military, criminal law, and weights and measures

Diff: 2     Type: ES     Page Ref: 8

Skill: Recall

 111) Give an example of powers that are given to the provincial government under section 92 of the Constitutional Act (1867).

Answer: health, education, and commercial activities carried on at the local level

Diff: 2     Type: ES     Page Ref: 8

Skill: Recall

 112) When an individual is faced with federal legislation and provincial legislation both dealing with the same subject matter, which should he or she obey?

Answer: When this happens, and there is a true conflict (where it is impossible to obey both), the federal legislation takes precedence over the provincial legislation. This is called the principle of paramountcy.

Diff: 2     Type: ES     Page Ref: 8, 9

Skill: Applied

 113) In addition to the federal and provincial governments, other bodies have the authority to make laws. Provide four examples of other bodies with this authority and limitations placed on the laws they create.

Answer: The Yukon, the Northwest Territories, and Nunavut have been authorized by the federal government to pass legislation much like the provinces. Other bodies that also have authority to make law include cities and towns, as well as regional districts and First Nations communities. However, these bodies pass subordinate legislation (by-laws) and they must act within the limited authority granted under federal or provincial legislation.

Diff: 2     Type: ES     Page Ref: 10

Skill: Recall

 114) What is meant by a statute?

Answer: A statute is a parliamentary or legislative enactment having the force of law. It is sometimes referred to as a bill prior to passage and as legislation or an Act afterwards.

Diff: 2     Type: ES     Page Ref: 10

Skill: Recall

 115) What is meant by the Revised Statutes of Canada?

Answer: Periodically, the statutes are summarized and brought up to date. When this happens, they are referred to as the Revised Statutes.

Diff: 2     Type: ES     Page Ref: 11

Skill:  Recall

116) Explain the relationship between regulations and statutes.

Answer: Statutes often authorize a cabinet minister or other official to create sublegislation or regulations to accomplish the objectives of the statute. These regulations are published and available to the public. If the regulations have been properly passed within the authority as specified in the statute, they have the same legal standing as a statute. Thus, the Canadian Human Rights Act has nine different bodies of regulations associated with it, including equal wage guidelines, immigration guidelines, and regulations protecting personal information. The general rules would be set out in the statute, whereas the regulations set out the specific procedures to be followed, penalties for violations, or the fees to be charged for different services. Both the statutes and the regulations passed under it have the force of law and can be enforced by the government department that created them.

Diff: 2     Type: ES     Page Ref: 11

Skill: Recall

 117) Identify four prohibited discriminatory practices set out in the Canadian Human Rights Act.

Answer: The Act prohibits the denial of goods, services, facilities, or accommodations that would normally be available to the public and the denial of access to commercial premises or residential accommodations on one of the prohibited grounds. Harassment and hate messages are also prohibited. Prohibited discriminatory practices with regard to employment include advertising, application forms, hiring, training, wages, promotion, transfers, termination, and all other matters related to employment. Also included are harassment in the workplace and the requirement to accommodate people with special needs.

Diff: 2     Type: ES     Page Ref: 11, 12

Skill: Recall

 118) Discuss why it is important for business people to become familiar with the human rights legislation in force in their province.

Answer: While the legislation may vary by province, all provinces have human rights laws and strong enforcement bodies. These bodies have the power to hear complaints, gather information, hold hearings, and provide remedies. A business person is more likely to have dealings with provincial human rights bodies than with the Charter or other constitutional matters and should become well acquainted with their requirements and processes to avoid any practices that can give rise to complaints. It is critical that employees be trained properly on these laws to eliminate the risk of human rights violations.

Diff: 2     Type: ES     Page Ref: 12

Skill:  Applied

119) Discuss the significance of the passage of the Charter of Rights and Freedoms in Canada's legal system.

Answer: Students should describe the nature of the Charter of Rights and Freedoms, why it was needed, and how it affected the rest of Canada's legal system. Before the Charter, there were few restrictions on government because of supremacy of Parliament. There was a need for overall entrenched rights that controlled the actions of government and government officials and agents. It is important that they indicate that the Charter only applies directly to governments but indirectly affects individuals' relations with each other because provincial and federal human rights legislation and other statutes must conform to the Charter. They should show that the Charter shifts power to the courts, that Parliament is no longer supreme, but also that there is an exception with the notwithstanding clause.

Students' answers should show that they know what the Charter of Rights and Freedoms is, why it was passed, and that it fundamentally altered the relationship between the courts and Parliament in this country.

Diff: 2     Type: ES     Page Ref: 13

Skill: Recall

 120) How does the Charter of Rights and Freedoms affect the principle of parliamentary supremacy?

Answer: Prior to 1982, in theory at least, Parliament was supreme. Either the federal government or the provincial government had the power to pass all types of legislation. After 1982, however, the Charter placed limitations on that power, thus redirecting power to the courts and limiting the principle of supremacy of Parliament.

Diff: 2     Type: ES     Page Ref: 13

Skill: Applied

 121) Explain how the rights set up in the Charter of Rights and Freedoms are limited.

Answer: 1. The Charter applies only to government, government institutions, and agents acting on behalf of government.

2. Section 1 of the Charter allows for reasonable exceptions to the rights and freedoms set out in the Charter. This is only where it is reasonable (e.g., preventing prisoners from claiming mobility rights). Section 33, the "notwithstanding clause," allows the provinces or the federal government to override section 2 and sections 7-15 by so declaring in the legislation.

Diff: 2     Type: ES     Page Ref: 13

Skill: Applied

 122) How does section 33 limit the rights set out in the Charter of Rights and Freedoms?

Answer: This is the "notwithstanding clause"; it allows the government, for a period of five years, to override the rights set out in sections 2 and 7-15 of the Charter by so stating in the legislation. At the end of five years, such overriding legislation lapses and must be passed again.

Diff: 2     Type: ES     Page Ref: 13

Skill:  Recall

123) Explain the limitations on the application of the Charter of Rights and Freedoms.

Answer: The Charter applies only to government, including laws made by all levels of government, government institutions, and agents acting on behalf of governments. Thus, the provisions of the Charter cannot be relied on to challenge nongovernmental situations such as employment, accommodation, or services, areas that are normally protected by provincial human rights legislation.

Diff: 2     Type: ES     Page Ref: 13

Skill: Applied

 124) "An individual who is refused service at a restaurant because of his race has had his Charter rights violated." Comment on the accuracy of this statement.

Answer: The Charter of Rights and Freedoms is not intended to cover this situation; it's not a public matter involving government, but rather a private matter between citizens. That must be dealt with by the human rights legislation in the province. However, if that local human rights legislation does not counter this situation, then that human rights legislation, which is an Act of the government, can be challenged under the Charter.

Diff: 2     Type: ES     Page Ref: 12

Skill: Applied

 125) Indicate what kind of fundamental freedoms are protected under the Charter.

Answer: freedoms of speech, religion, the press, and association

Diff: 2     Type: ES     Page Ref: 14

Skill: Recall

 126) What kinds of rights are protected under the heading of mobility rights in the Charter?

Answer: The rights of Canadians to live and work anywhere within Canada, as well as the right to enter and leave Canada, are protected.

Diff: 2     Type: ES     Page Ref: 14

Skill: Recall

 127) What kind of legal rights are protected under the Charter?

Answer: The rights to life, liberty, and the security of person; the rights to be told why you are being arrested and to have a lawyer; the right not to incriminate yourself; the right to be tried within a reasonable time; the right to a jury trial; and the right not to be exposed to any unreasonable search and seizure or cruel or unusual treatment are protected.

Diff: 2     Type: ES     Page Ref: 14

Skill: Applied

 128) What kind of equality rights are protected by the Charter of Rights and Freedoms?

Answer: "Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination." Discrimination on the basis of race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability is prohibited. (NOTE: Section 15 of the Charter is actually broader than this and prohibits any form of discrimination.)

Diff: 2     Type: ES     Page Ref: 14

Skill: Recall

 129) Indicate the jurisdiction of the Small Claims Court in your area.

Answer: This will vary from province to province. For example, in British Columbia and Ontario, it is civil matters up to $25 000.

Diff: 2     Type: ES     Page Ref: 16

Skill:  Recall

130) Describe the court structure in place in your province.

Answer: This will vary from province to province. In British Columbia, the bottom level is Provincial Court, including the Small Claims Court, the Family Court, and the Criminal Division. The next level is the B.C. Supreme Court; the highest level is the Court of Appeal.

Diff: 3     Type: ES     Page Ref: 16, 17

Skill: Applied

 131) Describe the process involved when one person sues another in a civil action.

Answer: Students should describe in some detail the process of civil litigation and note that it may vary by province. A bonus would be where students describe the difference between an action in the superior court and small claims court. Students should point out that usually there is a period of negotiation and that the action must be commenced within the limitation period. The action is commenced with the issuance and service of a particular document, which varies with the jurisdiction (e.g., a writ of summons). Once the action has started, the defendant must respond with an appearance and then the plaintiff responds with the statement of claim. The defendant then must file a statement of defence, and sometimes a counterclaim will be launched at this time. This concludes the pleadings. Discovery then takes place, being eliminated in some jurisdictions where the claim is for a lower amount. There may be formal offers to settle before trial. In many jurisdictions there is a pre-trial hearing to promote settlement. The trial then takes place, judgment is rendered, and remedies are ordered. Steps can be taken to enforce the judgment, including a post-trial hearing to identify the judgment debtor's assets. Enforcement tools may include garnishment of wages or seizing property.

The question does not limit itself to the pre-trial process, and so students should deal with the trial and the enforcement of judgment as well.

Diff: 2     Type: ES     Page Ref: 18-24

Skill: Applied

 132) Indicate what a statement of claim is.

Answer: The statement of claim is the document that summarizes the allegations that support the cause of action.

Diff: 2     Type: ES     Page Ref: 20

Skill: Recall

 133) Explain what is meant by the discovery process.

Answer: Discovery is a two-stage process. First, each party has the right to look at and copy documents held by the other side (e.g., receipts, electronic documents) that may be used later as evidence in the trial. The second step involves examination under oath of each party by the other side's lawyer. This is done in the presence of a court reporter. Transcripts can later be used as evidence at the trial.

Diff: 2     Type: ES     Page Ref: 20, 21

Skill:  Recall

134) Explain recent changes related to discovery.

Answer: Pre-trial proceedings result in considerable delays. Some provinces (British Columbia, Alberta, Ontario, and Nova Scotia), in an effort to increase efficiency and reduce cost, have recently made significant changes to their litigation procedures. One of the most important reforms has been to reduce the scope of discovery and the time permitted for it. Where smaller claims are involved or where the facts are not in dispute, they eliminate it entirely.

Diff: 2     Type: ES     Page Ref: 21

Skill: Applied

 135) Explain what is meant by a garnishee.

Answer: Funds that are owed to the judgment debtor can be intercepted by the judgment creditor by serving a garnishment order (issued by the court) on the bank or employer who owes that money to that judgment debtor.

Diff: 2     Type: ES     Page Ref: 24, 25

Skill:  Recall

 136) "A plaintiff must be very certain of some return before risking litigation." Discuss the wisdom of this statement as well as options that may increase the likelihood of collection after a judgment.

Answer: This is a very wise statement. The cost of a trial can be significant and winning may not ensure compensation even if it is awarded by the court. If a judgment debtor has no assets or is bankrupt, trying to collect may be fruitless. This risk must be considered when deciding whether to sue. Often taking some form of security at the outset, before any conflict arises, can avoid much of the risk associated with litigation. Depending on the type of transaction, it is possible where debt is created to take a claim against some asset as security. This might be anything from tangible property (e.g., boat, car, land) to intangible property (e.g., shares, negotiable instruments, accounts receivable). Another alternative is to have a third party guarantee the debt. When security is present, the claimant can usually take possession of it and resell it without a court order.

Diff: 2     Type: ES     Page Ref: 25

Skill:  Applied

137) Consider the available alternatives to going to court and suing someone, and discuss the relative merits of these different courses of action.

Answer: The first alternative is for the parties to negotiate directly with each other to try to come up with a solution that is agreeable to both parties. When there is a higher level of conflict and the parties cannot reach agreement through negotiation, they may agree to hire a mediator to facilitate the resolution of the dispute. The mediator communicates with both parties and makes suggestions, but it is still up to the parties to make the final decision. When both parties agree to the settlement, it is more likely they will live up to their obligations and feel better about the settlement. If they fail to live up to the agreement, the terms of the settlement will be influential in a court hearing or may even form the basis of the court-imposed decision. Mediation is required in some situations (e.g., collective bargaining). A mediated settlement is convenient, inexpensive, and private, and allows the parties to resume their business relationship.

A third alternative is arbitration. In this case, the parties surrender the decision making to an arbitrator selected by both parties. This is often set out in the initial contract between the parties, or it can be agreed upon as a means of settling a dispute after it arises. The parties must agree in advance to be bound by the decision, but they can place limitations on the scope of the decision and what remedies can be imposed. Where arbitration is a requirement in a contract and one party chooses to litigate instead, the courts will usually refuse to hear the case on the basis that it should have been arbitrated. Arbitrators usually have expertise in the area under dispute. This expertise and the power to make a binding decision make arbitrators very effective and the process is relatively quick. Arbitration is required by law in some areas (e.g., collective bargaining).

Including such litigation alternatives in commercial dealings is a valuable cost-reducing tactic and should be included in a risk-avoidance strategy formulated for any business. The advantages with each of these processes is that they are faster, less costly, and more private for the parties, and although there is still typically a winner and loser, the decision is usually easier for the parties to live with. The difficulty is that there are limited powers of enforcement.

Diff: 2     Type: ES     Page Ref: 25-28

Skill: Applied

 138) Distinguish between mediation and arbitration.

Answer: Mediation involves someone trying to help the parties to get a settlement, but any recommendations are not binding and the mediator has no power to impose an agreement. Arbitration involves a third party deciding the matter, and that decision is binding on the parties.

Diff: 2     Type: ES     Page Ref: 26, 27

Skill:  Recall

139) Ms. Jones was dissatisfied with the decision of the worker's compensation tribunal, feeling its decision may have been fair but that it did not take her personal objectives into consideration. She decided to ask for a court to review the decision, but her request was denied. Explain when courts will intervene in such situations.

Answer: The Supreme Court of Canada has made it clear that considerable deference should be given to such regulatory bodies, and only rarely should the courts interfere with their decisions. The grounds for such interference have been reduced to "correctness" and "reasonableness." Correctness refers to the process and includes the tribunal having the authority (jurisdiction) and to the fairness of the process. The reasonableness standard means essentially that, where the board has several different options, the choice made is reasonable. Where the board has several different options, and if the one chosen could be said to be reasonable, a reviewing court cannot substitute its own decision even if it determines it to be more reasonable than that of the board.

Diff: 2     Type: ES     Page Ref: 29, 30

Skill:  Applied

[weightlossfitness2]

What You Need to Know to Start Working Out After 50

If you are new to train, or coming again to it after a few years of a layoff, it is rather difficult. You do not have the identical sense of fearlessness that you just had up to now. You could lack confidence for a lot of causes.

  If you’re over 50-years-old and beginning out, the problem can appear overwhelming. The fact is that we now have an ageing inhabitants, extra consciousness of the advantages of train, and a way of urgency about decreasing the price of healthcare as we age and bills go up.

    Unfortunately, the health business remains to be dominated by the picture of youth and muscularity, typically neglecting older trainees. Most of this neglect might be finest attributed to the truth that it is solely lately that older folks have felt inspired to take up train. We reside longer and the standard of our life is instantly impacted by our capacity to stay energetic. People are starting to get it.

  Strength and Conditioning for People Over 50

I’m not going to patronize older readers by treating them as if they’re youngsters. You’ll see loads of articles about the necessity to take it straightforward, tempo your self, and ensure you have your physician’s permission to start out understanding.

  You’ll see conflicting recommendation about what you possibly can and can’t do: do not squat, do not raise heavy weights, ensure you take these dietary supplements, do not bend right here, do not twist there.

  Fortunately, at Breaking Muscle, we now have entry to trainers, coaches, and consultants who’re within the subject and coaching 50-year-olds in any respect levels of their health journey. Some are older trainees themselves, some are solely targeted on older trainees.

  Matthew Levy of Fitness Cubed would not see any distinction between being an older trainee and a youthful one, “I might say that folks over 50 want the identical issues as folks underneath 50. The fundamental variations are that you’ll want to keep in mind the years of wear and tear and tear on the physique and that considerably extra time usually must be targeted on constructing power at finish vary to maintain the joints wholesome.

  Additionally, the anatomical adaptation section and hypertrophy phases usually have to be longer and the maximal power and maximal energy phases extra abbreviated and on the increased finish of the rep ranges for these phases.”

  Levy continues, “So for example, if the recommended rep range for maximal strength is 3-5 reps, I would tend towards lower weight and higher reps – 5 reps rather than 3.”

    Every particular person goes to be totally different. Every ageing physique could have a historical past of exercise that can decide how a lot put on and tear already exists. You should be sensible about the way you begin an train program if you’re coming it contemporary at an older age, however you do not have to be timid about it, both.

    “It’s never too late to start training. As we get older strength training becomes even more important because we start to lose muscle mass in older age. But studies have shown that older muscle still responds to exercise stimulus which, is very important for avoiding falls, for example, in old age.” Says Wayne Bradley, Gabinete Dietetico De Rueda-Bradley diet clinic.

  Athleticism Declines with Age

Your athleticism will decline as you grow old. It begins in your twenties. However, we additionally see that trendy athletes are staying within the recreation longer than beforehand thought attainable by adopting regimens that keep in mind that they cannot do the quantity of coaching that they did when youthful.

  Scott Glasgow, Associate Professor of Mathematics at Brigham Young University, and former Xtremeperfect Weightlifting Club President says, “By the time an athlete is in their 50’s, I would estimate that optimal training for competitive weightlifting should include no less than half of the work being performed in modes that are clearly identifiable as bodybuilding in nature.”

  Jesse Irizzary, in his article on Bodybuilding and Olympic Weightlifting Aren’t Mutually Exclusive, says, “Bodybuilding work can be therapeutic, help aid in recovery, and used as a means to increase mobility, not limit it.”

  So, even if you’re a world-class athlete, you are going to should undertake an method that helps in restoration and will increase mobility as you age. By extension, if you’re not a world-class athlete and beginning out later in life, it’s essential be cognizant of the necessity for restoration and an emphasis on mobility irrespective of how typically somebody touts the advantages of power coaching.

  Lift Heavy, Even in Old Age (or Heavish)

Tom MacCormick, an skilled in hypertrophy out of London, England, is a agency believer in lifting heavyish. MacCormick refers to The Human Nutrition Research Center on Aging (HNRCA) at Tufts University that established 10 biomarkers of ageing.

  “The top two were muscle mass and strength. The higher the levels of these the lower your age-related decline. Fast-twitch fibers are the first muscle fibers to decrease in size as you age. These are also the ones that are most positively associated with strength, muscle mass, and blood sugar management so, it makes sense to train these throughout your life.” Says MacCormick

  So, as an older trainee, you don’t have to attempt to break any world data or threat harm with maximal masses to stimulate the fast-twitch fibers. These fibers shall be absolutely activated with masses at round 85% of your 1-rep max, which shall be age-appropriate. Performing difficult units of 6 reps imply each rep will recruit your fast-twitch fibers.

  “I suggest that you include resistance training, on multi-joint movements, in the 6-10 rep range to promote strength, power, and muscle mass. All of this will have an anti-aging effect on your body and extend your healthspan.” Says MacCormick.

  This is the place it’s a must to watch out you do not get patronized when getting recommendation. For somebody beginning out at age fifty and up, quite a bit will depend upon the standard of the work they do and never ego lifts, private data in poundage or any of the opposite issues that would find yourself pushing you in the direction of harm and failure.

  Enrico Fioranelli at 4E Fitness Training provides, “When exercising over 50 you need to place greater emphasis on how your body responds to the exercise you are doing, and how you feel that day. Don’t worry so much about what you are doing on a particular day worry more about how you feel throughout your workout.”

  Exercising After 50 Means Having Patience

Jarlo Ilano, Managing Director, GMB Fitness additionally believes that high quality of labor issues, “In my opinion, the first points for exercising after 50 is that progress tends to be considerably slower than somebody half that age and that accidents take for much longer to heal.

  “So the emphasis must be on the consistency of coaching quite than depth. The late Robert Follis (UFC Coach) had an ideal line that resonated with me: It’s higher to perform a little bit quite a bit, then to do quite a bit a little bit bit. This particularly holds true for older trainers. It’s merely not value it to train intensely, solely to get injured after which be unable to coach persistently.

  “It’s a paradox but, trying to improve faster only makes it slower!”

  Pain-Free Training for Older Athletes

Rachel Binette of CrossFit City Line is absolutely conscious of the wants of her older shoppers. She says, “When coaching older athletes, I’ve discovered that their priorities usually shift from needing to be aggressive on the board to feeling good and with the ability to reside their lives pain-free. We are combating decrepitude versus making an attempt to PR our deadlift.

  “What this interprets to in courses is guaranteeing that they’re modified appropriately. Distances and reps are decreased to protect the stimulus of the exercise and weights and actions are modified to protect motion integrity within the face of adjusting mobility.

  “As an example, several of my older athletes have “frozen shoulder” or very restricted overhead mobility. We modify away from barbells to dumbbells, give attention to core engagement to forestall overextending the low again, and be certain that they’ve a path by way of bodily remedy to proceed to enhance.

  “When it involves physique composition, sustaining muscle mass is a excessive precedence for all of our athletes. In our older athletes, it may be the distinction between with the ability to rise up after a fall or not.

  When we coach diet for these athletes, there isn’t any change between what we do for our middle-aged and youthful athletes. Their exercise degree and muscle mass (we now have an InBody scanner to take the muscle measurements) are taken under consideration once they have plans arrange for them.”

  Mobility is Key for Older Bodies

“Mobility is the closest factor there may be to the fountain of youth. As all of us age the aim must be Not to coach so as to add extra years to our lives, however quite so as to add extra life to our years,” says Brandon Richey of Brandon Richey Fitness.

  Richey’s sentiments are echoed in feedback we get from many different coaches, resembling Micki Pauley of Warrior Body in West Virginia, “KEEP MOVING! Moving EVERYDAY is among the best possible issues you are able to do for your self after 50 – even when for a brisk stroll. Strength coaching 2-Three days every week turns into much more necessary as a result of it helps preserve the muscle mass sturdy to carry out fundamental, on a regular basis duties!!”

  It’s Never Too Late to Start Exercising

Matt Beecroft of Reality SDC says, “Biologically there are a number of issues that age us together with, however not restricted to- oxidative stress, irritation and a lowered capacity for autophagy.

  “We know that in order to help reverse our aging we need to improve the quality of our breathing (including using hypoxia), improve our sleep, experience heat and cold, fast, get sunlight, eat predominantly plant-based, reduce chronic stress and move much more, to help reverse aging.”

  Amanda Thebe of Fit n Chips, who focuses on coaching older athletes and particularly girls dealing with menopause, believes that you need to simply begin, “If you’re on the fence about power coaching, my recommendation is to start out lifting weights straight away- the earlier the higher.

  With main power declines as we age and a better threat for continual illnesses, constructing lean muscle turns into extra necessary than ever as a supply of prevention. There comes a time in your life when trying good bare is trumped (you possibly can change that phrase with wins if you need) by dwelling life longer. It’s not attractive however it issues.”

  Quality Fitness is Key For Aging Bodies

“When it comes to training over 50 focus on quality over quantity. Place extra emphasis on training intensity versus training duration. In the words of Bill Grundler; More is not better. Better is better.” Says Michael Tromello of Precision CrossFit, Agoura Hills, California.

  Jesse McMeekin of Adapt Performance provides, “I’ve found that focusing on making things harder before simply making them heavier is a good idea for most lifters, particularly as we age and accumulate the inevitable aches and pains.”

  The actual key to train and exercises within the later years is consistency and a systemic method.

  Jonny Slick of Straight Shot Training explains it as such, “I can’t stress enough the importance of strength training with my clients over 50. And I don’t just mean “power coaching” as in lifting mild dumbbells for tons of reps… I imply systematic, progressive resistance coaching that challenges older athletes.

  Whether my shoppers are 25 or 75, all of them have to be comparatively sturdy. We work on this by establishing good mechanics, practising these lifts with consistency, and progressively including depth applicable to the place they’re at of their health journey.

  Getting stronger makes all the things else simpler outdoors of the gymnasium, and it is probably the greatest issues you are able to do to forestall accidents, keep muscle and bone mass, and handle your physique weight.”

  The Research and Concern About Exercising at an Older Age

There are quite a few, in style, sources of analysis which might be extensively quoted to encourage extra consciousness of the advantages of train for these over 50, particularly if they’re simply beginning out on their health journey.

  A examine known as, Comparable Rates of Integrated Myofibrillar Protein Synthesis Between Endurance-Trained Master Athletes and Untrained Older Individuals, basically checked out masters athlete males who had been energetic for a while in comparison with these simply beginning out.

  Without trying into the genetics or specifics of any of the individuals of the examine, this examine, by Manchester Metropolitan University in England, discovered newbie group may basically meet up with the group that had been energetic for a few many years.

  In essence, one group was into intense train, had been for many years, and the opposite was not. Yet, that was not an obstacle to the starters turning into late-bloomer athletes.

  In a examine known as, Association of Leisure-Time Physical Activity Across the Adult Life Course With All-Cause and Cause-Specific Mortality, the findings are much more encouraging as a result of being inactive however rising bodily exercise throughout midlife was related to 32% to 35% decrease threat for mortality.

  If all of the consultants and experience on this one article, a small slice of the information we now have about these items, would not persuade you that past 50 will not be too late to start an train routine or, even, intense train plan, then let’s simply go away it at that.

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