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Trump is claiming 100 accomplishments for his first year. Are these really beneficial?
"55 Ways Donald Trump Structurally Changed America in 2017 Daily Intelligencer (Nick Tabor)" (Dated 12/21/2017)Nick Tabor has written an excellent article about Trump's accomplishment in 2017. Please read ( It’s a comprehensive listing)1) Travel from eight countries is bannedAfter 11 months’ worth of legal dueling, Trump has effectively delivered on a version of his Muslim ban. With the Supreme Court’s blessing, he’s halted nearly all travel from Iran, Syria, Libya, Somalia, Yemen, and Chad, plus North Korea and (in some cases) Venezuela.2) All refugees from 11 countries have been blocked from entering the U.S.Trump’s infamous “travel ban” executive order in January also decreed that refugees could no longer come here — no matter which country they were fleeing. Again because of lawsuits, that rule has been watered down, but Trump has successfully banned refugees from ten majority-Muslim countries plus North Korea, leading to a 40 percent drop in overall refugee admissions and a 94 percent drop in Muslim refugees.3) Protections for the Dreamers have been rescindedThe Department of Homeland Security will start cutting off protections for the nearly 700,000 Dreamers — undocumented immigrants who were brought to the U.S. as children — in March, by decree from Trump. There’s still a chance, however, that Congress will pass a new law in the interim offering them legal residency or a path to citizenship.4) A program for child migrants fleeing violence in Central America is being phased outMore than 2,700 children, mostly from El Salvador, had received tentative approval to move here — but this year the State Department abruptly turned them away. It has also stopped accepting new applications for the program, which has been around since 2014, and plans to abolish it altogether.5) The U.S. has backed out of the U.N.’s migration pactU.S. representatives had been involved in a United Nations’ council on migration since the inaugural meeting this past spring. The idea is to coordinate help for more than 60 million people who have been driven from their homes by wars, poverty, or climate change. But the U.S. announced in December that it was quitting; Secretary of State Rex Tillerson claimed that participating would undermine American sovereignty.6) Spouses and children of refugees have lost their path into the U.S.A program that helps refugees reunite with their families has been suspended by the State Department and other agencies — until when no one knows.7) Immigration agents are now required to treat the claims of asylum-seekers more skepticallyHomeland Security is telling its asylum officers to take a more critical stance on the stories of immigrants who say they are fleeing violence or persecution. If the interviewees seem nervous, the agents are to avoid factoring in that it might be caused by trauma or culture shock.8) Green cards are taking longer to obtainHomeland Security now requires in-person interviews for certain kinds of applications — something they had stopped doing ten years ago because it was a colossal waste of time. Immigration lawyers told CNN it could mean millions of fewer immigrants will be admitted here by 2020.9) Federal prosecutors have been stripped of their discretion and ordered to seek maximum penaltiesAttorney General Jeff Sessions issued the order in May, with a specific intent that prosecutors pursue stiff sentences for drug-dealing, gun crimes, and gang violence. But the mandate applies to every kind of case.10) A police-department reform program has been cut offAfter the Department of Justice sued the police in Ferguson, Missouri, and ordered the department to clean up its act on race relations, the DOJ created a program where other police departments could seek similar guidance, but on a voluntary, cooperative basis. Police departments in Philadelphia, San Francisco, and Las Vegas, among others, took advantage of it. Sessions effectively cut off the program and channeled the money to groups like police unions instead.11) Local police are once again stocking up on military weaponsAfter police in Ferguson used military weapons against protesters in 2015, Obama took measures to end the militarization of police. Sessions rescinded those rules, so police can once again obtain surplus grenade-launchers, bayonets, and armored vehicles for free or with federal dollars.12) Half a million fugitives are now allowed to buy gunsIn February, the DOJ narrowed the definition of “fugitive” to people who have crossed state lines to escape prosecution or avoid testifying, which cleared 518,670 alleged criminals for gun purchases, according to the FBI.13) Predatory loan companies now face less scrutinySince its founding in 2010, the Consumer Financial Protection Bureau has gone after lenders for taking advantage of students; in one case it got $480 million in loans erased for the students of a for-profit college. In August, though, the Department of Education said it would stop sharing student information that the watchdogs depend on.14) It’s easier for for-profit colleges to rip students offObama’s Department of Education had a plan to stop colleges from collecting on loans if their students didn’t land jobs that paid enough. Education Secretary Betsy DeVos stopped the plan from taking effect and said it would have to be rewritten — for the colleges’ sake.15) Transgender students aren’t guaranteed the right to use their bathroom of choiceIndividual schools have the prerogative to keep the protection intact, but the DOJ and the Department of Education have killed the rule that guaranteed it nationwide.16) Schools have more leeway on how they investigate sexual-assault reportsUnder Obama, schools were told to come down against the accused students if there was more evidence of guilt than of innocence. Now, thanks to DeVos, they’re allowed to raise the bar for establishing guilt, which some advocates fear will discourage victims from coming forward.17) A plan to reduce racial disparities in schools is being delayedUnder a plan released in the waning days of the Obama administration, the states would have to review districts where minority students are disciplined or sent into special education disproportionately often. It was set to take effect next year; DeVos has pushed it back to 2020 and may end up scrapping it altogether.18) The U.S. has rescinded its commitment to the Paris climate accordThe U.S. submitted its formal notice of withdrawal from the Paris climate accord in August. Besides the implications for domestic energy policy, this means the U.S. will renege on promises to provide aid to poorer countries for climate measures, and may also cause diplomatic and economic blowback around the world. However, the country technically can’t back out until November 4, 2020, at the earliest, and even then the next president could rejoin.19) The EPA is dismantling its Clean Power PlanThe Clean Power Plan was intended to make sure the U.S. met its overarching goal in the Paris deal: i.e., to reduce carbon emissions by at least 26 percent by 2025. It would limit carbon pollution from energy plants and would encourage states to invest in alternative energy. Scott Pruitt, head of the Environmental Protection Agency, has said he wants to replace the plan with new guidelines, but meanwhile, the repeal is underway.20) The Dakota Access pipeline is now open after its final construction phase was greenlighted by the ArmyThe pipeline runs more than 1,100 miles from North Dakota to southern Illinois. Its construction sparked months’ worth of protests last year; representatives from the tribes expressed worries that it would spring leaks and contaminate water supplies that millions of people depend on. Obama’s administration halted the construction, but in January, Trump ordered the Army to review that decision, posthaste. The pipeline opened in June.21) And the State Department has approved construction of the Keystone XL pipelineThe Keystone pipeline is designed to ship oil from Alberta, Canada, down to Texas, via the Canadian firm TransCanada. Obama rejected TransCanada’s application, saying the pipeline would undercut the U.S.’s “global leadership” on climate change. Trump invited the company to reapply, and in March the State Department approved its plans.22) Thousands of acres besides national monuments have been auctioned off to oil and gas companiesIn total, the Bureau of Land Management has sold the gas and drilling rights to some 54,000 acres of public land in Utah — including some near Dinosaur National Monument — and another 33,000 acres in Utah. To the Bureau’s surprise, though, demand has turned out to be fairly low; rights to additional swaths of land failed to sell for the minimum price of $1.50 per acre.23) The Arctic and Atlantic Oceans have been opened for more offshore drillingObama banned drilling in the seas near Alaska and in the canyons lining the East Coast, but in the spring, Trump signed an order to offer them up for oil and gas leasing — a process that will likely take about two years. Environmentalists worry it will devastate marine life and lead to oil spills.24) The Department of Interior has given coal companies a break on land-leasing pricesCoal companies get 40 percent of their product from public lands, and the royalty rates haven’t been updated in three decades — which, by some estimates, costs taxpayers hundreds of millions every year. Obama’s administration tried to remedy this, but Trump’s Department of Interior canceled the update before it took effect.25) Energy companies are no longer required to capture methane leaks when they drill on public landThe Methane Waste Prevention Rule, also developed in the Obama years, would force energy companies to capture methane — a potent greenhouse gas — from leaks when they drill on public lands. After some setbacks in court, the Bureau of Land Management has worked out a plan to delay the implementation until 2019. So far it’s unclear whether it plans to scrap the rule entirely.26) The EPA has canceled limits on the pollutants power plants can dump into waterwaysSteam electric plants unload aluminum, arsenic, mercury, and other pollutants into streams, which has been linked to fish die-offs and other environmental problems. Obama’s EPA passed limits on how much they could discharge, which it said would keep 1.4 billion pounds out of the waterways each year. But under Trump, the agency has retracted those limits and said it will come up with new guidelines instead.27) Plastic water bottles are once again allowed in national parksIn 2011, the National Park Service banned plastic bottles, a rule intended to keep the parks clean. The Trump administration decided, however, that it trampled on the visitors’ right to choose “how best to keep themselves and their families hydrated” — “particularly during the hot summer months.” It might also have had something to do with the $1.2 million the bottled-water industry spent on lobbying.28) Hunters are free to use lead ammunition in national parksThe Obama administration banned lead ammunition at the end of 2016, along with lead sinkers for fishing, on the grounds that lead is widely known to be toxic. The Department of Interior, led by outdoorsman and former oil-company-board-member Ryan Zinke, lifted the rule in March.29) The bar has been raised for protecting endangered animalsThe Fish and Wildlife Service declined in October to put 25 animals on the endangered-species list, saying there wasn’t enough evidence that they were truly in peril. Environmentalists were especially upset about the Pacific walrus, given that its habitat in the Arctic is eroding due to global warming. The Barbour’s map turtle, the Big Blue Springs cave crayfish, and the San Felipe gambusia were also left off the list.30) Oil and mining companies no longer have to disclose their payments to foreign governmentsThe Dodd-Frank financial regulation law required these companies to make public any payments they made to foreign governments to secure mining and drilling rights — a measure intended to curb bribery and corruption in places like Russia and the developing world. As the CEO of Exxon, Rex Tillerson had lobbied vigorously against it, and the first bill Trump signed after taking office annulled the rule.31) Financial advisers are not legally required to put their clients’ interests firstThe Obama administration spent years working on the “fiduciary rule,” which would have required financial consultants to put clients’ interests first when advising them on their retirement accounts. It was supposed to take effect on June 1, but the Department of Labor has refused to enforce it, and the administration is trying to repeal it entirely.32) Cities have been blocked from creating retirement accounts for private-sector workersNew York, Philadelphia, and Seattle were considering setting up retirement accounts for workers who don’t have access to them through their jobs — amounting to 13 million people in the three cities. Obama’s Department of Labor had provisions to help them, but Congress passed legislation in the spring to halt the project. Investment banks were reportedly irked about the competition.33) Loopholes for inheritance taxes will survive untouchedObama’s Treasury Department came up with a reform package that would have closed loopholes on estate taxes, but under the new leadership of Steven Mnuchin, the agency has abandoned it. “Obviously,” Mnuchin said in a speech this past fall, cutting the estate tax “disproportionately helps rich people.”34) The Labor Department is backing off on overtime enforcementObama tried to cut off the exemptions that companies use to avoid paying overtime to millions of workers. But his plan was challenged in the courts, and over the summer, Trump’s Department of Labor announced it wouldn’t defend it but would instead write its own new guidelines.35) The government is no longer fighting pay discriminationUnder Obama, the Equal Employment Opportunity Commission ordered companies to start submitting detailed data on employee pay, categorized by race, gender, and type of work — starting in September 2017. Lobbyists found it “unnecessarily burdensome,” so Trump’s administration dropped the requirement.36) The DOJ has decided transgender people are no longer protected by sex-discrimination lawsIn 2015, the DOJ helped a transgender university instructor sue her employer for discrimination, eventually netting her a $1.1 million award. Under Sessions, however, the DOJ has changed its position: It now says employers are free to discriminate against transgender people, and it plans to argue that position in any future court cases.37) Government contractors won’t face extra scrutiny for workplace conditionsThe Fair Pay and Safe Workplaces rule, signed by Obama in 2014, had several parts: forcing companies to fix safety hazards if they wanted to compete for large government contracts, requiring them to give workers more information about their paychecks, and protecting women’s right to sue in open court for sexual harassment or discrimination. Industry lobbyists called it a job-killer, and Trump revoked it in March.38) The subsidies that undergirded Obamacare have been wiped outThe federal funds went to insurance companies so they could offer cheap plans to poor people. Trump abolished them in October, and as a result, premiums for those cheaper plans have already jumped by 7 to 38 percent, and, paradoxically, the Congressional Budget Office has estimated that it will add $194 billion to the federal deficit by 2026. There’s still a chance, however, that Congress will replace the funding.39) Employers can now refuse to cover birth controlIn contrast to the original Obamacare rules, any employer can now opt out of paying for contraceptives for employees by claiming they have moral or religious objections. Hundreds of thousands of women may lose their access to contraceptives. The government is also paying some of the legal fees for groups that sued the Obama administration to get this mandate overturned.40) The right to sue banks in class-action lawsuits won’t be expanded after allBanks and credit-card companies often put fine print into contracts, stipulating that customers can’t join class-action suits against them no matter what (say, for example, when they defraud customers en masse). The Obama administration spent five years working on a vast rule that would have encouraged more class-action suits, but in October, Congress voted to strike it down, and Trump swiftly signed the bill.41) The FCC has abolished net neutralityThe 2014 net-neutrality rules required internet-service providers like AT&T to deliver all content — from news stories to pornography to cat videos — at the same speed, and prevented companies like Netflix and Facebook from buying faster access than small companies. The FCC voted in December to revoke those rules. It also voted to reduce its own influence over broadband companies, which will constrain future regulatory efforts.42) The FCC is letting a conservative media conglomerate buy more local TV stations than allowed by lawSinclair Broadcasting, which buys up local TV stations and requires them to run laudatory segments on Trump, already broadcasts to 38 percent of U.S. households — which is just below the legal limit. But in August, the FCC found an obscure loophole that will let Sinclair buy 42 more stations and expand its reach to as much as 72 percent of the country.43) The FCC is targeting rules meant to protect local journalismThe FCC has taken other measures to help Sinclair as well. In October, it knocked down the “main studio rule” from 1940, which required broadcasters to have a physical studio in any area they had a license to transmit from. The rule helped protect the connection between local communities and their news organizations. And in November, the agency removed limits on how many stations or newspapers any company can own in a single local market.44) Planned protections on internet privacy have been canceledObama’s FCC designed rules to make internet providers like AT&T and Verizon obtain their customers’ permission before using the customers’ precise geolocation and information on their health, finances, children, and web-browsing history for advertising and marketing. The House and Senate both voted to repeal the rules — without a single Democrat’s support — and Trump signed the action into law.45) Federal broadband subsidies for the poor are being revokedThe FCC gives $9.25 each month to households below a certain income level so they can afford internet or phone service. In November, its board voted to impose a cap on the subsidies, and it also approved a measure that will force most poor households to find a new internet provider. However, the changes haven’t been finalized yet — a public-comment period is still ongoing.46) The EPA has decided not to ban a ubiquitous pesticide from farmsChlorpyrifos, which farmers use to kill pests on fruits and vegetables, has been known to cause headaches and nausea at high doses and to harm fetal development. There’s little research on whether residue on vegetables is harmful, but the pesticide has been banned from household and garden use since 2000, and the U.K. has banned it on almost all crops. Scott Pruitt rejected a ban on its use in agriculture — against the urging of EPA scientists.47) The military and CIA have eliminated measures that protected civilians from drone strikesIn the fall, Trump approved two changes to the use of military drones, according to the New York Times. One change allowed the military and CIA to target low-level jihadists with no particular skills or leadership roles. The other removed the requirement for high-level vetting before an attack is carried out. All told, this administration has killed more civilians while fighting ISIS than Obama’s administration did in three years.48) Syrian rebel groups no longer receive U.S. weapons or suppliesThe CIA had been backing certain rebel groups since 2013, with Obama’s tacit approval. The White House quietly ended its support in July — which wasn’t a surprise, since it had already said deposing Bashar al-Assad was not a priority.49) Travel and business transactions with Cuba have been severed againJust as it was before Obama’s overtures in late 2016, Americans can only travel to the island nation in tour groups and can’t stay at certain hotels or eat at certain restaurants. A similar ban is in place for businesses.50) FEMA has dropped construction standards meant to help with flood preparationThe agency issued construction standards in 2015 for roads, housing, and other infrastructure built with federal money, in response to climate change. One provision, for instance, would have required buildings to be elevated from the reach of rising water. Trump struck the rules down less than two weeks before Hurricane Harvey hit.51) A rule aimed at combating housing segregation has been suspendedThe Small Area Market Rent Rule, which was scheduled to take effect next year, would give bigger subsidies to some Section 8 recipients so they can afford to move out of impoverished areas. Under Ben Carson’s leadership, the Department of Housing and Urban Development has delayed implementation for two years, though advocates are suing to end the delay.52) The USDA is making it harder for small farmers to sue big agriculture companiesA rule set to take effect in February would have made it easier for farmers to prevail in lawsuits against companies they work with when they feel they’ve been shafted in business deals. That provision was delayed, then thrown out in October.53) Many federal agencies are being less generous with public information.The FBI’s first major crime report this year had 70 percent fewer data tables than the version from last year, making it harder to assess trends in violent crime. Data on workplace deaths have been removed from OSHA’s homepage and relegated to the website’s interior. EPA scientists have been restricted from speaking in public about climate change. The White House no longer keeps logs of its visitors, which would reveal who has had direct access to the president. The same is true at Mar-a-Lago. And the administration has refused to release the names of some members serving on its deregulation teams.54) States’ ability to defund Planned Parenthood has been restoredNumerous state legislatures have worked since 2015 to defund any health clinics, including Planned Parenthood, that provide abortions. A rule from the Obama administration blocked their efforts for a few months early this year, but Congress quickly voted to undo it, and Trump signed the bill in April.55) International nonprofits that provide abortions can be defunded, tooThe Mexico City Policy, announced by Reagan in 1984, revoked federal funding for any nongovernmental organization, anywhere in the world, that provides abortion counseling. It has been repealed and reinstated several times since, depending on which party is in power, and Trump reinstated it in January.Besides the 55 Items listed above, I have added the following Items:56) Coal mining companies are allowed to dump mine waste and toxic chemicals into local rivers and stream without violating the Clean Water Regulations.57) The Department of Education is implementing major changes involving public education, Federal funding for religious-based schooling, Charter Schools and Home Schooling without input from educational experts and the public.58) The State Department is being dismantled from the inside resulting in a massive loss of decades of expertise which is a direct threat to national security and future diplomacy.59) Trump has lied to the public and the media over 1000+ times during 2017.Trump supporters will label this "Fake News" and the rantings of left-wing liberals. I did not list the 150+ items on my listings. Trump and his supporters continue a direct assault on our democracy, undermining of our existing government institutions, and betrayal of our most fundamental values as a nation and our beloved Constitution.
What have you learned from your corporate life that has helped you in personal life?
1.Corporate Lesson: 1A crow was sitting on a tree, doing nothing all day. A small rabbit saw the crow, and asked him, "Can I also sit like you and do nothing all day long?" Thecrow answered: "Sure, why not." So, the rabbit sat on the ground below the crow, and rested. All of a sudden a fox appeared, jumped on the rabbit and ateit.Moral of the story: To be sitting and doing nothing you must be sitting very, very high up.2.Corporate Lesson: 2A turkey was chatting with a bull. "I would love to be able to get to the top of that tree," sighed the turkey, but I haven't got the energy." "Well, why don’t you nibble on some of my droppings?" replied the bull. "They're packed with nutrients." The turkey pecked at a lump of dung and found that it actually gave him enough strength to reach the lowest branch of the tree. The next day, after eating some more dung, he reached the second branch. Finally after a fourth night, there he was proudly perched at the top of the tree. Soon he was promptly spotted by a farmer, who shot the turkey out of the tree.Moral of the story: Bullshit might get you to the top,but it won't keep you there.3.Corporate Lesson 3:A little bird was flying south for the winter. It was so cold the bird froze and fell to the ground in a large field. While it was lying there, a cow came by and dropped some dung on it. As the frozen bird lay there in the pile of cow dung, it began to realize how warm it was. The dung was actually thawing him out! He lay there all warm and happy, and soon began to sing for joy. A passing cat heard the bird singing and came to investigate. Following the sound, the cat discovered the bird under the pile of cow dung, and promptly dug him out and ate him.Moral of the Story:1) Not everyone who drops shit on you is your enemy.2) Not everyone who gets you out of shit is your friend.3) And when you're in deep shit,keep your mouth shut.4. Corporate Lesson 4 :A man is getting into the shower just as his wife is finishing up her shower when the doorbell rings. After a few seconds of arguing over which one should go and answer the doorbell, the wife gives up, quickly wraps herself up in a towel and runs downstairs. When she opens the door, there stands Bob, the next-door neighbor. Before she says a word, Bob says, "I'll give you $800 to drop that towel that you have on" After thinking for a moment, the woman drops her towel and stands naked in front of Bob. After a few seconds, Bob hands her 800 dollars and leaves. Confused, but excited about her good fortune, the woman wraps back up in the towel and goes back upstairs. When she gets back to the bathroom, her husband asks from the shower, "Who was that?" "It was Bob the next door neighbor," she replies. "Great!" the husband says, "Did he say anything about the $800 he owes me?Moral of the Story: If you share critical information pertaining to credit and risk in time with your stakeholders, you may be in a position to prevent avoidable exposure.5. Corporate Lesson 5:A priest was driving along and saw a nun on the side of the road, he stopped and offered her a lift, which she accepted. She got in and crossed her legs, forcing her gown to open and reveal a lovely leg. The priest had a look and nearly had an accident. After controlling the car, he stealthily slid his hand up her leg. The nun looked at him and immediately said, "Father, remember Psalm 129?" The priest was flustered and apologized profusely. He forced himself to remove his hand. Changing gear, he let his hand slide up her leg again. The nun once again said, "Father, remember Psalm 129?" Once again the priest apologized "Sorry sister but the flesh is weak."Arriving at the convent, the nun got out gave him a meaningful glance and went on her way. On his arrival at the church, the priest rushed to retrieve a bible and looked up Psalm 129. It Said, "Go forth and seek, further up, you will find glory."Moral of the Story: Always be well informed in your job, or you might miss a great opportunity.6. Corporate Lesson 6:A sales representative, an administration clerk and the manager are walking to lunch when they find an antique oil lamp. They rub it and a Genie comes out in a puff of smoke. The Genie says, "I usually only grant three wishes, so I'll give each of you just one." "Me first! Me first!" says the admin clerk. "I want to be in the Bahamas, driving a speedboat, without a care in the world." Poof! She's gone. In astonishment, "Me next! Me next!" says the sales rep. "I want to be in Hawaii, relaxing on the beach with my personal masseuse, an Endless supply of pina coladas and the love of my life." Poof! He's gone. "OK, you're up," the Genie says to the manager. The manager says, "I want those two back in the office after lunch."Moral of the story: Always let your boss have the first say.7.Corporate Lesson 7:A man stays at a hotel in Australia. The room has a computer and he decided to send an email to his wife. However, accidentally he messes up the email address and without realizing his error, sends the message.Meanwhile somewhere in Houston widow returns from the funeral of her husband. She decides to check e-mails from relatives and friends. After reading the first message, she fells backward into unconsciousness. Her son runs into the room, finds his mother on the floor and looks at the screen, where he reads:To my beloved wifeTopic: I arrivedDate: November 7, 2010I know you will be surprised to hear from me. They already have computers here and you can send messages to loved ones. I just arrived here and I already have been accommodated. I see that everything is prepared for your arrival tomorrow. I am very impatient to see you! Hope your journey is also smooth as mine.PS: Hell it is hot down here!Moral of the Story: Make sure you communication is between the right sides! Otherwise the results may not meet your expectations.8. Corporate Lesson 8:Johnny wanted to rock-end-roll with a girl in his office. But she had a boyfriend ... One day, Johnny was fed up and could not take it any more so he decides and he walks to her with an offer:- I'll give you a thousand dollars if you let me sleep with you.The girl cuts him off: "NO WAY"! – she shouts, I HAVE A BOYFRIEND!.Johnny said:- I'll be quick. Will throw money on the floor, you will bend over and I'll be done before you even stand up!She thought for a moment and says that she should consult with her boyfriend.... She calls him and tells him about the offer. The boyfriend advises her:- Ask him two thousand dollars, collect the money very quickly - he will not even be able to take off his pants!So the girl agrees and accepts the proposal. Her boyfriend is waiting for her to call back soon. However, half an hour has past and she does not call. Finally, after 45 minutes, he rang her and asked her what is going on.She replied:- the bastard throws coins!Moral of the Story: Always consider all aspects of the business proposal before you agree to or get screwed up!9. Corporate Lesson 9:When the human body was created, all parts of it wanted to be the Boss.Brain said:- I should be the Boss because I control all body functions!Feet said:- We must be the Boss because we move the brain around anywhere he wants!Hands said:- We must be the Boss because we do all the work and earn money!So spoke the heart, lungs, eyes, until finally the ass wanted to be the Boss.All parts started to laugh at the idea. Then the ass shuts himself down and refused to work. After some time the eyes started to close, hands are paralyzed, legs become numb, heart and lungs feel in panic and the brain - in fever. At the end, all realize that ass should be the boss and things continue as usual. All the body parts keep do their job while the Boss just sat there and disposed the faecal.Moral of the Story: It is needless to be a genius in order to be a boss: any ass can do that!10. Corporate Lesson 10:In Africa, every morning a gazelle wakes up with the thought that she must outrun the fastest lion to stay alive. Every morning a lion wakes up with the thought that he must outrun the slowest gazelle, in order not to starve to death.Moral of the Story:No matter whether you are a lion or gazelle: when the sun rises, it is better to get up right-the-way in order to leave behind the competitors.11. Corporate Lesson 11:Usually the staff of the company plays football.The middle level managers are more interested in Tennis.The top management usually has a preference for Golf.Moral of the Story: As you go up the corporate ladder, the balls reduce in size.12. Corporate Lesson 12:A city boy, Aslam, moved to the village and bought a donkey from an old farmer for Rs. 1000. The farmer agreed to deliver the donkey the next day.The next day the farmer drove up and said...Farmer: "Sorry Aslam, but I have some bad news, the donkey died while I was bringing him here."Aslam: "Well then, just give me my money back." The farmer said: "Can't do that. I went and spent it already."Aslam: "OK then, just unload the donkey."Farmer: "What you are going to do with him?"Aslam: "I'm going to raffle him off." (Note: Raffle is like lottery - draw lot to a group of people each paying the same amount for a ticket and there is a big prize for the people who win.)Farmer: "You can't raffle off a dead donkey!"Aslam: "Sure I can. Watch me. I just won't tell anybody he's dead."A month later the farmer met up with Aslam and asked, "What happened with that dead donkey?"Aslam: "I raffled him off. I sold 500 tickets at Rs. 10 each and made a profit of Rs 4990 with the donkey worth Rs. 1000 as the prize.Farmer: "Didn't anyone complain?"Aslam: "Just the guy who won. So I gave him back his Rs. 10."Moral of the Story: No situation is so bad that it cannot be turned around. You need to just think hard. So look at your glass always as half full (positive attitude) rather than half empty. Do not lose hope.13. Corporate Lesson 13:A man found Rs. 100. He planned a plot and decided to have a luxurious dinner at a 5 Stars hotel. The waiter bring Rs. 2000 bill. The man denied; he has nothing to pay. The manager handed over him to the police. The man gave Rs. 100 to the police and went free.Moral of the Story : Think the possible end beforehand to avoid horrible finish.14. Corporate Lesson 14:A Jobless man applied for the position of ‘office boy’ at Microsoft. The HR manager interviewed him then watched him cleaning the floor as a test. ’You are employed’ he said. Give me your e-mail address and I’ll send you the application to fill in, as well as date when you may start. The man replied ‘But I don’t have a computer, neither an email’. ‘I’m sorry’, said the HR manager. If you don’t have an email, that means you do not exist. And who doesn’t exist, cannot have the job.’ The man left with no hope at all. He didn’t know what to do, with only $10 in his pocket. He then decided to go to the supermarket and buy a 10Kg tomato crate. He then sold the tomatoes in a door to door round. In less than two hours, he succeeded to double his capital. He repeated the operation three times, and returned home with $60. The man realized that he can survive by this way, and started to go every day earlier, and return late. Thus, his money doubled or tripled every day. Shortly, he bought a cart, then a truck, and then he had his own fleet of delivery vehicles.5 years later, the man is one of the biggest food retailers in the US. He started to plan his family’s future, and decided to have a life insurance. He called an insurance broker, and chose a protection plan. When the conversation was concluded the broker asked him his email. The man replied, ‘I don’t have an email.’ The broker answered curiously, ‘You don’t have an email, and yet have succeeded to build an empire. Can you imagine what you could have been if you had an e mail?!!’ The man thought for a while and replied, ‘Yes, I’d be an office boy at Microsoft!’Moral of the Story:1. Internet is not the solution to your life.2. If you don’t have Internet, and work hard, you can be a millionaire.15. Corporate Lesson 15:A team of young budding Managers were given an assignment to measure the height of a flagpole. So the Managers discussed and put up a project plan with roles and responsibilities. The manager who was responsible for organizing the resources went out and got a ladder and a tape. The tape measure was just the ordinary tape of 6 feet.The lead manager assigned another manager to go on top of the pole and start the measure. They were falling off the ladders, dropping the tape measures - the whole thing was just a mess.An Engineer came along and saw what they' were trying to do. He walked over pulled the flagpole out of the ground, laid it flat, measured it from end to end, gave the measurement to one of the managers and walked away.After the Engineer went away, one manager turns head to another and laughs. "Isn't that just like an engineer? We're looking for height and he gives the length"Moral of the story:No matter how good engineer you are, Managers always finds fault in you.16. Corporate Lesson 16:A well-known motivational speaker gathering the entire crowd's attention, said, "The best years of my life were spent in the arms of a woman who wasn't my wife!"The crowd was shocked! After a pause, the speaker followed up by saying, "That woman was my mother!" The crowd burst into laughter and he gave his speech, which was well received.About a week later, one of the top managers who had the training decided to use that joke at his house. He tried to rehearse the joke in his head. It was a bit foggy to him. He said loudly, "The greatest years of my life were spent in the arms of a woman who was not my wife!" Naturally, his wife was shell shocked by hearing this.After standing there for almost 10 seconds trying to recall the second half of the joke, the manager finally blurted out "... and I can't remember who she was !"As expected, he got thrashing of his life time by his wife.Moral of the Story: Don't copy if you can't paste.17. Corporate Lesson 17:An old man lived alone. He wanted to spade his potato garden, but it was very hard work. His only son, who would have helped him, was in prison. The old man wrote a letter to his son and mentioned his predicament.Dear Son,I am feeling pretty bad, because it looks like I won't be able to plant my potato garden this year. I hate to miss doing the garden because your mother always loved planting time. I'm just getting too old to be digging up a garden plot. If you were here, all my troubles would be over. I know you would dig the plot for me, if you weren't in prison.Love, DadShortly, the old man received this telegram "For Heaven's Sake, Dad, don't dig up the garden! That's where I buried the guns!"At 4 A.M. the next morning, a dozen FBI agents and local police officers showed up and started digging up the entire garden without finding any guns. Confused, the old man wrote another note to his son telling him what happened and asking him what to do next. His son's reply was "Go ahead and plant your potatoes, Dad, It's the best I could do for you from here."Moral Of the Story: In corporate smart work is more important than hardwork.18. Corporate Lesson 18:In the famed jungle, there lived a small ant which habitually got up early and started work immediatelyBeing very sincere and having no other diversions, she kept producing a lot and was happy with whatever was available and provided for.The Chief, the Lion was too surprised to see somebody performing so well without any supervisionHe shared this news with Tiger, Wolf and other Board members happily stating that things are going on so wellThe Wolf intervened and said that a continuity plan was essential and suggested that there be a supervisor – not a high cost resourceThey recruited a cockroach, who had experience as supervise and was famous for writing excellent reportsThe first day at work – cockroach introduces attendance system to regulate the working hoursHe needs a Secretary for preparing the reports and reports a SpiderThe trendy dressed spider manages archives, monitors phone calls and makes reports in XL and in graphsThe Managing Committee of Lion & Others are delighted seeing the cockroach’s reportsThis time, another member stresses the need for analysis of the reports so that PPT presentation can be made in the Board meetingThey buy a new computer and laser printerA fly is recruited to work on the ComputerA Butterfly is roped in to manage the IT DepartmentThere are meetings and more meetings and Ant starts feeling the pressureThe reports depict fall in production and everyone comes up with a new working plan.The need for somebody to manage is understood and the position goes to CicadaThe newly appointed Manager buys a carpet, an ergonomic chair, makes the office presentableHe brings a person who had earlier worked with him to rationalize, prepare budge and make Strategic Optimisation plansThe need for market strategy and advertisement is also figuredThe workplace becomes too serious and the charm and entertainment in air vanishesThe profits are vanishing; enraged the Management engages a top notch firm for evaluation.The Owl studies the Office for months and reveals that the place is over staffed.Management gets tough and takes punitive action to remedy the situation.Somebody who showed lack of motivation and has a negative attitude towards work is to be fired.Guess who the lion fires first?The ant , of course because he lacked "showed lack of motivation and had a negative attitude".Moral of the Story:Management of human resources efficiently is a key factor to create the successful of the enterprise. Poor management makes employees caught up in the whirlpool of the anonymous work, leaders take time chasing resolve errors in workflow, find remedial plan, which wastes resources needlessly.19. Corporate Lesson 19:"You have done a great job"means"More work will be given to you.""We'll do it"means"You'll do it.""That's a good question means"means"I don't know anything about it.""We are a team"means"I am not the only one to be blamed."All the bestmeans"You are in trouble."20. Corporate Lesson 20:This one is my favourite "To err is human but to blame it one someone else shows real managment potential."or"A person who smiles when things go wrong has thought of someone to blame it on."21. Corporate Lesson 21:Oscar Wilde (author) "Experience is the name everyoe gives to their mistakes."22.Corporate Lesson 22:This is not actually a lesson but different perspective of higher and lower managment.Hierachy in corporate is best represented by this metaphor of birds.Moral :"When top level guys look down they see only shit. When bottom level guys look up they see only assholes."23.Corporate Lesson 23 :This is regarding importance of work life balance in your professional life.Work is a never ending process, so you have to strike a balance between family life, leisure time and your office time.Bryan Dyson, Former CEO of Coco Cola said:“Imagine life as a game in which you are juggling some five balls in the air. You name them – Work, Family, Health, Friends and Spirit and you’re keeping all of these in the air.You will soon understand that work is a rubber ball. If you drop it, it will bounce back. But the other four balls – Family, Health, Friends and Spirit – are made of glass. If you drop one of these; they will be irrevocably scuffed, marked, nicked, damaged or even shattered. They will never be the same. You must understand that and strive for it.Work efficiently during office hours and leave on time. Give the required time to your family, friends and have proper rest. Value has a value only if its value is valued.”24.Corporate Lesson 24 :An excited Kirt Womack of the Thiokol factory in Utah sprinted into his manager’s office on the first day of spring and asked if the folks on the factory floor could do something fun -- say, head outside and fly paper airplanes -- if they met their quota two hours early. The manager wrinkled his brow and vetoed the idea. Kirt persisted, “Well, then, what if we exceed our quota by 50 percent?” Figuring he had nothing to lose, the manager finally gave in.Later that day, at 1:30, the manager checked on things and found that his employees had reached 110 percent of their quota. By 3 p.m., they’d surpassed 150 percent. The airplanes were launched, laughter rang out and people frolicked (funny word, frolicked).Moral of the story: "If people are having fun at workplace, they’re going to work harder, stay longer, maintain their composure in a crisis and take better care of the organization."25. Corporate Lesson 25:There was a farmer who had a horse and a goat.One day, the horse became ill. So he called the veterinarian, who said:"Well, your horse has a virus. He must take this medicine for three days.I'll come back on the 3rd day and if he's not better, we're going to have to put him down....Nearby, the goat listened closely to their conversation.The next day, they gave the horse the medicine and left.The goat approached the horse and said: “Be strong, my friend.Get up or else they're going to put you to sleep!”On the second day, they again gave the horse the medicine and left.The goat came back and said: "Come on buddy, get up or else you're going to die!Come on, I'll help you get up. Let's go! One, two, three..."On the third day, they came to give the horse the medicine and the vet said:"Unfortunately, we're going to have to put him down tomorrow. Otherwise,the virus might spread and infect the other horses".After they left, the goat approached the horse and said: "Listen pal, it's now or never!Get up, come on! Have courage! Come on! Get up! Get up! That's it, slowly! Great!Come on, one, two, three... Good, good. Now faster, come on...... Fantastic! Run, run more!Yes! Yay! Yes! You did it, you're a champion...!!!"All of a sudden, the owner came back, saw the horse running in the field and began shouting:It's a miracle! My horse is cured. We must have a grand party. Let's kill the goat!!!!Moral of the Story :This Often Happens In The Workplace.Nobody truly knows which employee actually deserves the merit of success, or who's actually contributing the necessary support to make things happen.Remember LEARNING TO LIVE WITHOUT RECOGNITION IS ASKILL!!!!If anyone ever tells you that your work is unprofessional, remember:AMATEURS BUILT THE ARK [which saved all the species]andPROFESSIONALS BUILT THE TITANIC [all died tragically].26. Corporate Lesson 26:A butcher watching over his shop is really surprised when he saw a Dog coming inside the shop. He shoos him away. But later, the Dog is back again. So, he goes over to the Dog and notices he has a note in his mouth.He takes the note and it reads, "Can I have 12 Sausages and a leg of Lamb, please. The Dog has money in his mouth, as well". The butcher looks inside and, behold, a ten dollar bill. So he takes the money and puts the sausages and lamb in a bag, placing it in the Dog's mouth.The butcher is so impressed, and since it's about closing time, he decides to shut up shop and follow the Dog. The Dog is walking down the street when he comes to a level crossing. The Dog puts down the bag, jumps up and presses the button. Then he waits patiently, bag in mouth, for the lights to turn. They do, and he walks across the road, with the butcher following him all the way.The Dog then comes to a bus stop, and starts looking at the timetable. The butcher is in awe at this stage. The Dog checks out the times, and then sits on one of the seats provided. Along comes a bus. The Dog walks around to the front, looks at the number, and goes back to his seat. Another bus comes. Again the Dog goes and looks at the number, notices it's the right bus, and climbs on.The butcher, by now, open-mouthed, follows him onto the bus. The bus travels through the town and out into the suburbs, the Dog looking at the scenery. Eventually he gets up, and moves to the front of the bus. He stands on 2 back paws and pushes the button to stop the bus. Then he gets off, his groceries still in his mouth. Well, Dog and butcher are walking along the road, and then the Dog turns into a house.He walks up the path, and drops the groceries on the step. Then he walks back down the path, takes a big run, and throws himself against the door. He goes back down the path, runs up to the door and again, it throws himself against it.There's no answer at the house, so the Dog goes back down the path, jumps up on a narrow wall, and walks along the perimeter of the garden. He gets to the window, and beats his head against it several times, walks back, jumps off, and waits at the door.The butcher watches as a big guy opens the door, and starts abusing the Dog, kicking him and punching him, and swearing at him.The butcher runs up, and stops the guy. "What in heaven's name are you doing? The Dog is a genius. He could be on TV!" to which the guy responds: "You call this clever? This is the second time this week that this stupid Dog's forgotten his key."Moral of the Story:You may continue to exceed onlookers' expectations but shall always fall short of the boss's expectations! It's a Dog's life after all.27.Corporate Lesson 27:A mother and a baby camel were lying around, and suddenly the baby camel asked, “mother, may I ask you some questions? Mother said, “Sure! Why son, is there something bothering you? Baby said, “Why do camels have humps?” Mother said “Well son, we are desert animals, we need the humps to store water and we are known to survive without water”. Baby said, “Okay, then why are our legs long and our feet rounded?” Mother said, “Son, obviously they are meant for walking in the desert. You know with these legs I can move around the desert better than anyone does!” Baby said, “Okay, then why are our eyelashes long? Sometimes it bothers my sight”. Mother with pride said, “My son, those long thick eyelashes are your protective cover. They help to protect your eyes from the desert sand and wind”.Baby after thinking said, “I see. So the hump is to store water when we are in the desert, the legs are for walking through the desert and these eye lashes protect my eyes from the desert then what in god’s name are we doing here in the Zoo!?”Moral of the Story:Skills, knowledge, abilities and experiences are only useful if you are at the right place.28.Corporate Lesson 28:Once upon a time the lion , the king of the forest had grown old and sick and was lying in his cave. All the animals, except for the fox, had come to visit their king and enquiring about his health. The wolf seized this opportunity to denounce the fox in front of the lion, complaining that the fox showed no respect for the lion, who was the common master of them all. Indeed, the fox had not even come to pay the ailing lion a visit! The fox arrived just in time to hear the end of the wolf's speech. The lion roared at the fox, but the fox asked for a chance to explain herself. 'After all,' said the fox, 'which one of all the animals assembled here has helped you as I have, travelling all over the forests in the world in order to seek out and discover an appropriate herbal remedy for your illness? And I got it atlast majesty he overwhelmed with joy. The lion ordered the fox to describe the remedy immediately, and the fox replied, 'You must flay a living wolf and wrap yourself in his skin while it is still warm.The lion suddenly got the energy roared and killed the wolf instantly. When the wolf had been killed, the fox laughed and said, 'It is better you shut your mouth when talking to the boss and don’t try to ruin the team for selfish motive.Moral of the Story:Someone who plots against his fellow team by short circuiting cock and bull stories to the boss falls into his own trap.29. Corporate Lesson 29:Its a Fine Sunny Day In The Forest And A Rabbit Is Sitting Outside His Burrow, Tippy-Tapping On His Typewriter.. Along Comes A Fox, Out For A Walk.Fox: "What Are You Working On?"Rabbit: "My Thesis."Fox: "Hmm... What Is It About?"Rabbit: "Oh, I`M Writing About How Rabbits Eat Foxes."Fox: "That`S Ridiculous ! Any Fool Knows That Rabbits Don`T Eat Foxes!"Rabbit: "Come With Me And I`Ll Show You!"They Both Disappear Into The Rabbit`S Burrow. After Few Minutes, Gnawing On A Fox Bone, The Rabbit Returns To His Typewriter And Resumes Typing.Soon A Wolf Comes Along And Stops To Watch The Hardworking Rabbit.Wolf: "What`S That You Are Writing?"Rabbit: "I`M Doing A Thesis On How Rabbits Eat Wolves."Wolf: "You Don`T Expect To Get Such Rubbish Published, Do You?"Rabbit: "No Problem. Do You Want To See Why?"The Rabbit And The Wolf Go Into The Burrow And Again The Rabbit Returns By Himself, After A Few Minutes, And Goes Back To Typing.Finally A Bear Comes Along And Asks, "What Are You Doing?Rabbit: "I`M Doing A Thesis On How Rabbits Eat Bears."Bear: "Well That`S Absurd ! "Rabbit: "Come Into My Home And I`Ll Show You"Scene :As They Enter The Burrow, The Rabbit Introduces The Bear To The Lion.Moral of the Story:It doesn't matter how bad your performance is,what matters is whether your boss like it or not.30.Corporate Lesson 30:A village farmer rears 25 young hens and one old cock as part of his egg and chicken business. These days, he feels that the old cock could no longer handle his job efficiently. As a routine, the farmer bought another young cock from the market to increase his business productivity. On arrival of the yong, old cock started calmly talking to enthusiastic dashing young cock.....Old cock: Welcome to join me, we will work together towards productivity...and make our owner proud of 'US'.Young cock: What do you mean? As far as I know, you are old & should be retired and gone by this time.Old cock: Young boy, there are 25 hens here, can't I help you with some?Young cock: No!! No!! …Not even one, .. now onward all of them will be mine.Old cock: In this case, I shall challenge you to a competition… and if I win you shall allow me to have one hen…. and if I lose you will have all.Young cock: OKKK.. What kind of competition?Old cock: 50 meters run… from here to that tree….. But due to my age, I hope you allow me,.. to start off the first 10 meters.Young cock: No problem !Old cock: Good ….We will compete tomorrow morning, when our owner is around, so that he can see the result...In the morning the Young cock allows the Old cock to start off & when the Old cock crosses the 10 meters mark ……the Young cock chases him with all his might…… Soon enough, he was behind the Old cock's back in a matter of seconds......Suddenly ..."BANG"!!!...Before Young cock could overtake the old cock, he was shot dead by the farmer ...who cursed: ..."Hell" .....This is the 5th GAY cock I've bought this month."Moral of the Story:1. Experience matters.2. Watchout for corporate politics.P.S: Thank you for reading all the way.
How is someone deemed to be a hostile witness in court?
Either a prosecutor or a defense attorney may ask the court to consider a person a hostile witness if they are not testifying favorably. It essentially means that the witness you call to testify is not on your side, i.e., is 'hostile' to your client's position. Nevertheless, you want to call that witness to testify in your case (in which you're trying to prove your case, not disprove the other side's) for other reasons, i.e., to fill in some facts that need to be stated for you to satisfy your burden of putting into evidence all of the facts necessary to demonstrate your entitlement to bring the claims your client has asserted. If the Judge accepts your assertion that the witness is hostile to your case, you are permitted to 'lead' the witness with questions like, 'isn't it true that the light was red when you first observed the blue car?' If the witness is not 'hostile' the lawyer is not permitted to 'lead' the witness, i.e., to suggest the answer to the question. All you're allowed to do is to ask open-ended questions like 'where were you on the 20th of March? Who, if anyone else, was also there?' Treating a witness as hostile is a mechanism to cross examine the witness when there are circumstances that dictate this. Here are 2 such circumstances:When you have called a witness in your own case in chief but they are an unfavorable witness or an 'adverse witness,' you may treat the witness as hostile and cross examine the witness. You technically do not have to request permission from the Judge but it is always good form and respectful if you do request such permission.When you have called a witness and are performing direct examination of this witness (because you believed they would testify as a favorable witness) but they start changing their story and are not cooperating, you may request permission to treat the witness as an adverse witness (aka 'hostile'). This allows the attorney to cross examine the witness.-Corri D. Fetman, Esq.Corri Fetman & Associates, Ltd.www.cfalawfirm.comUnder the rules of evidence, you are not supposed to ask leading questions of your own witness because leading questions suggest the answer. In other words, you can spoon feed answers to your witnesses, and that's not what the courts want. They want you to ask open ended questions so the witness can testify based on what they know instead of what the attorney tells them.For example, if you call a witness to testify that the light was red when the other side crashed into your client, the attorney cannot ask:"Isn't it true that the light was red?"Instead, they should ask 'What color was the light?' This way the witness answers based on their own experience.For the first question, the other side's attorney would object to the question as "leading."However, if the witness is 'hostile' for whatever reason then you may ask the court to declare the witness as hostile so you can ask leading questions, even if the attorney called the witness. Without such a showing, it is presumed that your own witnesses are not 'hostile', so opposing attorneys will object to your questions as leading.Usually, a 'hostile' witness is one that won't answer your questions, shows a bias against you, or other similar reasons. I once had a hostile witness in a criminal case where I was a prosecutor, and the witness was a cooperating criminal. He wouldn't answer my questions directly so I asked the judge to declare him a hostile witness.Here is Federal Rule of Evidence 611:http://www.law.cornell.edu/rules/fre/rule_611-MATTHEW S. JAMESJames DefenseThe essence of the question is asking the court to recognize that the lawyer has called a witness to the stand on direct examination that is hostile to the claim or defense. Normally, a lawyer is given very little latitude when questioning witnesses favorable to her positions in the case. The lawyer is not supposed to ask a question that suggests the desired answer. Lawyers call these 'leading questions.' Think of them this way, a leading question essentially allows the lawyer to testify through the witness by designing questions that can only be answered in a yes/no format. Questions that begin with 'Isn't it true that...' or that in themselves are statements not asking for open explanation are leading questions. If I as a trial lawyer called the witness to the stand there is a normal presumption that the witness is favorable to me, therefore I cannot ask leading questions.When the lawyer asks the court to treat the witness as hostile, the lawyer is asking permission to lead the witness to make specific points from a witness that normally does not want those points made. Normally, unless the witness is actually an opponent in the litigation or a hired expert witness for an opponent, the court will not allow the witness to be treated as a hostile witness until the witness exhibits hostility to the sponsoring lawyers positions in testimony with non-leading, open ended questioning.-Lin McCrawMcCrawGanttBoard Certified in Personal Injury Trial Law by the Texas Board of Legal SpecializationIf I am representing my client and call a witness, I generally expect that witness to support my case. Sometimes a witness will have information that is NOT supportive. Since I've called the witness, I may ask the court to name the witness as 'hostile.' That allows me to use the tools of cross-examination which are not generally allowed in direct testimony.-J. Kim Wright, J.D.Member, NC Bar1989 Graduate of University of Florida Lawhttp://www.cuttingedgelaw.com/The phrase appears in movies and television more so than in real life. However what it really means is that the lawyer is seeking the ability to ask 'leading' questions of the witness. A 'leading' question is one that suggests the answer desired by the lawyer. Examples include 'You never actually saw Bill that night, did you?' or 'You never reported the incident to management, did you?' Leading questions allow the lawyer to control the dialogue more easily so that the jury hears the testimony in such a way that is the lawyer's choosing while making it harder for the witness to avoid answering the question.Generally a lawyer cannot ask leading questions of witnesses unless the witness is on cross-examination or is being clearly evasive in the witness' answers (i.e. 'hostile'). So the lawyer is asking the judge to make the determination that the witness is being clearly evasive so as to allow the lawyer to ask leading questions. Certain witnesses are assumed to be 'hostile' and therefore it isn't necessary to ask for permission to ask leading questions. These can include opposing parties, people employed by opposing parties or otherwise under the influence or control of opposing parties.-John H. Barkley, Esq.Attorney at LawShustak & Partners, P.C.Certain questioning techniques are allowed when a witness is consideredhostile, which would otherwise be objectionable. The best example - alawyer can ask the witness questions that are leading in nature, which wouldotherwise not be allowed. A judge will grant such permission if the witness is not answering questions properly, being evasive or otherwise difficult.-Lance E. MuellerMueller, S.C.Generally speaking the phrase 'permission to treat a witness as hostile' is a cue to both the judge and the jury that a witness is not cooperating with the judicial process and/or is not being honest with their answers. An attorney can ask questions to a hostile witness that they would not be able to ask a friendly witness, so the allowance can broaden the manner of interrogation.-Matthew Reischer, Esqhttp://www.LegalAdvice.comNormally when a lawyer calls a witness they are only allowed to conduct direct examination. So for example, a question might be 'What time did you leave the store?' After a lawyer finishes questioning a witness the other side gets to cross examine the witnesses. In cross examination you can ask leading questions. A leading question might be 'Isn't it true that you left the store at 4:30?' The advantage to a leading question is that the lawyer is providing the information to the court through the witness.When a lawyer calls a witness who is non-cooperative or refuses to answer questions, they can, at the discretion of the judge, be considered hostile. When a witness is determined to be hostile the lawyer on 'direct' can then use leading questions to facilitate their testimony.This technique is used if you require the testimony of the adverse party,or someone close to them (parent, spouse, employee, etc.) in order to make a critical point in a case. A lawyer has to be careful though, because judges don't always grant the request. Then you are stuck trying to 'pull' what you need from direct questions, and then the other lawyer gets to lead what might be a very friendly witness to them.I have tried civil, criminal and family court cases involving direct and cross examination of witnesses, and dealt with the 'permission to treat the witness as hostile' question in a multi-day trial just a few weeks ago.-James R. Snell, Jr.Attorney at LawLexington, South Carolinawww.snelllaw.comThis is when a lawyer asks a Judge permission to ask a witness, usually his own, leading questions (You saw my client sign the contract, correct?) on direct examination. Leading questions usually are only asked during cross examination. A hostile witness is someone who's testimony is contrary to the facts and law the lawyer seeks to present, therefore the lawyer must now impeach the testimony of the witness. A witness on cross examination is presumed to be hostile, so the lawyer does not need to seek the court's permission to treat the witness as hostile.-Andrellos MitchellAttorney & Counselor at LawLaw Office of Andrellos MitchellThe short answer is that it means the lawyer is asking the judge if the lawyer may insert a ring through the witness's nose and lead the witness wherever the lawyer leads.Now, why might that lawyer need that permission and why might the judge grant it? Well, broadly speaking, there are two rules that lawyers must follow at trial concerning the manner in which lawyers question witnesses. On direct examination, a lawyer generally may not 'lead the witness.' On cross-examination, the lawyer may do so, and generally will use nothing but leading questions.Direct examination is the type of examination that, generally speaking, occurs when a lawyer is putting on his client's case-in-chief and calls a witness to the stand to testify. The lawyer must not lead the witness during questioning on direct examination. A leading question is one that suggests the answer, such as, 'You left the bar at about 10:00 p.m. on that night, correct?' 'Yes.' But if the lawyer has the witness on direct examination, the lawyer may not lead. Instead, the lawyer has to resort to who, what, why, when, and how questions, or 'Please explain to the jury . . .' or 'Please tell the Court . . .' So, back to our example about the guy leaving the bar, on direct examination the question becomes, 'Now, on the night of the accident, Mr. Client, about what time did you leave the bar?'On cross examination, which occurs when the lawyer is questioning a witness called or clearly associated with an adverse party, the lawyer is permitted to lead the witness. Cross examination is great fun for trial lawyers, because in essence, they get to do the testifying. In theory, the lawyer just puts the words in the witness's mouth, and ideally all the witness says is yes or no. And as a result, the lawyer has much greater control over the course of the testimony. Well-coached witnesses will fight you, but there are other techniques for dealing with that problem. By contrast, direct examination involves much less control by the lawyer and can be more challenging for that reason.So what's with this permission-to-treat-witness-as-hostile question? Well, on occasion a lawyer may have to call a witness in his client's case-in-chief who is just not all that fond of the lawyer's client. Now, if that witnesses is someone clearly identified with an adverse party in the case-let's say plaintiff calls to the stand in her case-in-chief an employee of the corporate defendant-then the lawyer may get to call the witness 'under cross-examination.' In that instance, the lawyer can start with leading questions right out of the gate, from the first question. But let's suppose the witness I have to call is a former employee of my client and for reasons totally unrelated to this case, that ex-employee is just not a real fan of my client anymore. The judge probably will not permit me to call the witness in my client's case-in-chief 'on cross examination' right out of the box. Instead, I may have to begin the questioning as if on direct examination with my usual non-leading, who, what, where, when, and why questions. If, however, the witness starts going off on my client, clearly demonstrating hostility and damaging my oh-so-well-crafted story for the jury, then I turn to the judge and say, 'Your Honor, may I have permission to treat the witness as hostile?' And if the judge grants that permission, I may now start using leading questions to get the witness to where I want to go.-Charles PenotThe Law Offices of Charles Penot, PLLCWhen a lawyer asks permission to treat a witness as hostile, they are doing that so that they can 'lead' the witness. When an attorney calls a witness and questions him or her, that is called a direct examination and the attorney must ask open-ended questions rather than leading questions. This is a more amiable conversation than a cross-examination, during which leading questions are asked (wherein the answer is implied). Unfortunately, sometimes a witness that may be helpful to your case does not want to cooperate and therefore, your client will be better protected if you can ask leading questions (it's also easier to elicit the answer you want). The attorney must request permission to treat the witness as hostile so that the leading questions are not objectionable.-Shari-Lynn Cuomo Shore, Esq.Wolf & Shore, LLCwww.wolfandshorelaw.comWhen a lawyer asks to treat a witness as hostile they are asking the Judge for permission to question the witness in a certain way. Traditionally when a lawyer calls a witness in their case in chief (i.e. the plaintiff's lawyer calls the defendant as a witness on the plaintiff's behalf), the witness may not be favorable to the parties case (i.e. the defendant doesn't want to testify on the plaintiff's behalf). When you are calling your own witness that is determined to be hostile you may do certain things such as ask leading questions 'Weren't you there on that night' instead of 'Where were you on this night'. It basically involves starting the question off assuming the answer or using questions that solicit yes and no answers. The goal of leading questions is to solicit information the witness is otherwise going to be elusive in providing when asking open ended or less direct questions.Attorney's usually have an unfettered right to ask leading questions on cross-examination, so if the plaintiff's lawyer calls the defendant as a witness, when the defendant's attorney is cross examining her at that time, the defendant's attorney may automatically (subject to each state's rules) use leading questions.-Tiffany S. FrancAttorneyhttp://www.pklaw.com/Generally, a witness must ask open-ended questions when examining their own witnesses and can only cross-examine (i.e., ask leading questions) when questioning witnesses called by an opposing party. However, sometimes a lawyer needs to call as a witness someone who is not cooperative and acting hostile to the lawyer and his client. If that happens, the lawyer can ask the judge for 'permission to treat the witness as hostile.' If the judge agrees, the lawyer can then ask leading questions. A judge will review both the witness's manner on the stand and any interest adverse to the lawyer and his client. So, most frequently, a lawyer tries to question his witnesses with open-ended questions and seeks permission to treat as hostile after the witness demonstrates hostility and un-cooperativeness. Nevertheless, sometimes a lawyer can ask before even questioning if it is clear that the witness will be adverse. If not granted, he can request again if the witness is, in fact, hostile to the initial questions.-Thomas J. Simeone, Esq.Simeone & Miller, LLPwww.SimeoneMiller.comThe meaning or purpose of asking the court for leave to treat a witness as hostile is that the attorney is seeking leave to ask leading questions (which are generally not allowed on direct examination of a witness that the attorney has called to testify) and to possibly impeach or discredit the witness with his/her prior statements or conduct.It is generally used when a witness who is either thought to be neutral, or even un-helpful to the attorney's client in some respect, has to be called because they can offer some key piece of evidence that cannot be introduced otherwise.-John R. O'Brien, AttorneyChicago, IllinoisLicensed in Illinois since 1978An adverse or hostile witness is a witness whose trial testimony, on DIRECT examination, is "adverse" or "hostile" to the lawyer questioning the witness. For example, a lawyer calls the complainant at trial when the lawyer represents the defendant who supposedly victimized the complainant. The lawyer can ask that the complainant be designated "hostile" because the complainant is adverse to the defense position. Allowing the witness to be designated hostile allows the lawyer to then ask LEADING questions. A leading question calls for a "yes" or "no" answer. The direct examination then proceeds in a leading manner (as if the witness is being cross-examined).-Neal Davis is a criminal defense attorney in Houston, Texas and founder of the Neal Davis Law Firm, PLLC. Neal is board certified by the Texas Board of Legal Specialization in criminal law and has garnered national recognition for defending cases before the US Supreme Court and Texas courts.www.houstoncriminaldefenselawyers.comYou are asking the judge to allow you to ask the witness leading questions, which have presumptive elements about them and may even suggest the answer.Some witnesses are adverse by nature - party opponents for instance. They are hostile witnesses by nature and will usually erect vague and ambiguous answers to your questions. They can drag the case on with such antics. Who, what, when, where and why are not leading. "Isn't it true?" is a leading question and allowed during cross examination or if the court allows leading questions on direct examination of a hostile witness.-Dr. Shawn Council, Esquire, LPDAttorney at LawDoctorate of Law & Policywww.shawncouncil.comAn angry witness is stewing on the witness stand poised to pounce at any moment on our hero - the social pariah of a lawyer who is taking on corrupt government, big business, or vile criminals. As our hero fires off several rounds of questions, he's outmatched by the cunning of the witness. Until suddenly, our hero screams out, 'Permission to treat the witness as hostile?' The judge readily grants the motion and a high stakes drama unfolds which eventually leads to the witness's shocking confession before a stunned jury.But permission to treat a witness as hostile isn't usually all that exciting. The rules of evidence allow attorneys to use leading questions in cross examination against the opposing counsel's witness. A leading question is a question that implies the answer and usually involves a yes or no question. For example, these types of questions might start with 'Isn't it true you...."Usually, these types of questions are improper with one's own witnesses. The jury needs to hear testimony from the witness, not the lawyer. So, a lawyer should ask his own witness open ended questions such as who, what, where, when, why, and how. The idea behind the rules is that the opposing counsel's witnesses may be biased or untruthful and leading questions are a tool to fully examine the accuracy of a witness's statement, whereas one's own witnesses must be free to explain what he or she witnessed and not influenced by an attorney trying to win a case. And yet there are times when the attorney's own witness is evasive or prone to be hostile by virtue of the circumstances of the case. In those times, a court may grant latitude to use leading questions because the attorney's own witness is not much different from that of opposing counsel. This is a very common tool when witnesses recant prior testimony.While this fun declaration is usually not as exciting as it's portrayed in the media, it's a very useful tool to the skilled lawyer to get to the bottom of the matter.-Mark Heath, criminal defense attorney,http://www.jacksonwhitelaw.com/Please see the following articles for more information about jobs related to criminal law:Matt Murphy, Senior Deputy District Attorney, Orange County, CaliforniaHow to Become a District AttorneyConsidering a Career as a District Attorney?The Life and Career of Attorney Nancy Grace, Who Turned Lawyer after the Murder of Her Fiance.Top 39 Tips for New Litigation Associates and Trial Lawyers: How to Be a Good Litigation AttorneyJob Opportunities in Criminal LawJury Consultants Continue to be in Hot DemandThe Life and Career of Marcia Clark Criminal Defense AttorneyA Television show for military related crimes by former pilot turned Lawyer : Lt. Cmdr. "Harm" Rabb. Jr.Please see the following articles for more information about jobs related to criminal law:Make a career change as Public DefenderThe Rocky Balboa of Criminal Defense Law: Joseph TacopinaThe Life and Career of Tony Serra: Criminal Defense LawyerDefending the Mob: Chicago Criminal Defense Attorney Rick HalprinTop 39 Tips for New Litigation Associates and Trial Lawyers: How to Be a Good Litigation AttorneyJob Opportunities in Criminal LawJury Consultants Continue to be in Hot DemandA Television Show for Military Related Crimes by Former Pilot Turned Lawyer: Lt. Cmdr. "Harm" Rabb. 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