...Applied Legal Concepts in Healthcare Law Brewster v. University Hospital This paragraph will include a summary from the case which was obtained from the Healthcare Law Writing Assignment. In December 31, 1987 the Brewster’s had a daughter Emma that was born a week premature. Emma was transported to Children’s Hospital Medical Center the next day when she began showing signs of respiratory distress. She was treated by Dr. Craig Jackson, a neonatologist employed by the University of Washington. Emma suffered from hyperbilirubinemia, or jaundice, caused by elevated levels of bilirubin, a substance that is released into the bloodstream. Jaundice is not uncommon among infants as approximately a third or more of all newborns at the intensive care unit at Children’s hospital have jaundice. Greatly elevated bilirubin levels can result in permanent in brain damage. When Emma was admitted to Children’s Hospital, her serum bilirubin level was 4.2 micrograms per deciliter. It gradually increased to as high as 22.0 mcg/dl on January 7, 1988, then decreased to 5.7 mcg/dl on January 18, 1988. The type of jaundice Emma experience is generally treated with phototherapy. More serious cases are treated with a transfusion of all the blood in the infant’s body, a treatment entailing greater risks including cardiac arrhythmia, bleeding, bacterial infection and the development of air bubbles in the circulatory system. Dr. Martin prescribed phototherapy for Emma, which was unsuccessful, and Emma...
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...“THE CONCEPT OF RELEVANCE IN THE LAW OF EVIDENCE IS NOT AS STRAIGHTFORWAD AS IT APPEARS TO BE.” DISCUSS It is difficult to spell out a straightforward definition of the concept of relevance (Tapper, p71). In the R v Nethercott case, it was held that any two facts to which the concept of relevance is applied are so related to each other that according to the common course of events, one either taken by itself or in connection with other facts, proves or renders probable the past, present or future existence or non-existence of the other. According to Lord Simon in DPP v Kilbourne, “Evidence is relevant if it is logically probative of some matter which requires proof… It is sufficient to say … that relevant (that is, logically probative or disprobative) evidence is evidence which makes the matter which requires proof more or less probable” (Allen, p8). Essentially, relevant evidence is that which makes the matter requiring proof more or less probable. In this sense, relevance is arguably an absolute concept, as proof of one fact either makes the existence of another more probable, or it does not. Notwithstanding, relevance is often regarded as variable, just as evidence can be regarded as more or less relevant. Zuckerman describes relevance as “having a contextual and dynamic nature”, and the relevance of one fact to another can be judged on its own or in connection with other facts (Zuckerman, p46). This seems to relate more to the cogency of the evidence, given its relevance...
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...Fundamentals of Business Law and Ethics Course of Study Your competence will be assessed as you complete the LWC1 objective assessment for this course of study. This course of study may take up to 10 weeks to complete. Introduction Overview There are the two major subdomains of study within the Fundamentals of Business Law and Ethics Course of Study: business law and business ethics. The exam covers 11 business law and ethics concepts, including the following: contractual relationship government regulation of business dispute resolution labor and employment law hiring and employment practices warranties, negligence, and liabilities Sarbanes-Oxley Act ethical issues in business ethical leadership ethics programs use of company resources You likely have had some experience with the legal system, either through your own encounters or merely through listening to the nightly news, and you have probably read or heard about various ethical and legal issues causing financial upheaval in today's business world. This background will serve you well in this study. Now you can expand on that experience, and perhaps refine and enhance your own views on these issues. Once you complete this course of study, you will have demonstrated a level of competence that you can immediately use in your work setting and career. Outcomes and Evaluation There are 10 competencies covered by this course of study; they are listed in the "Competencies for Fundamentals of Business Law and Ethics (LWC1) " page...
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...LAW 421 Final Exam The LAW 421 Final Exam deals with basics of law and the methods in which it could play a role in the life of a common person. We have worked towards making the students comprehend the meaning of law in easy terms. There is a widespread negative notion among the masses that the concepts related to law are like alien language for the commoners of the society. The LAW 421 Final Exam throws light upon some of the most significant ideologies of the law world. The questions are strategically framed to bring out the major theme of the topic. For example, the role rendered by the hearing officer is an extremely minute, but essential concept that should be primarily known to the students of law. In addition, the LAW 421 Final Exam is beneficial for the students to learn the application of the numerous laws that are framed by the constitution with the help of sufficient practical examples. It encourages the students to think critically and make appropriate decisions. Many questions are framed in such a manner that the students may consider them to be in the place of a judge, or lawyer to present the final verdict regarding a case, and thereby take appropriate decisions. How to Answer? We have also worked hard upon framing the appropriate LAW 421 Final Exam Answers for the students. The answers to the multiple choice questions are drafted in a manner that the students instead of getting confused among the options, spot the correct answer by understanding the concept...
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...Multi-Layered and multi-levelled? Public law architectures for the 21st century Since the 19th century the world has changed. Some aspects of life have changed more, others less. The means of communication, technology and transportation of the 21st century, for example, are light-years away from those of the 19th century. Public law concepts have not kept pace. In the words of an author of the book reviewed here, reflecting on the concept of ‘the state’ and the problem of sovereignty: in political as in constitutional legal theory, we still need to cut off the King’s head,1 as we are still entrenched in the philosophical and constitutional language of the 19th century.2 But recently, with European integration and globalisation, change has also occurred in the traditional concepts of public law such as “state” or “constitution”. The book edited by Bamforth and Leyland is about this change over the last thirty years or so.3 “Public Law in a Multi-Layered Constitution” is a significant contribution to a better understanding of how public law is transformed, in Great Britain and elsewhere. The title of the book as well as its introduction (pp. 1-26) state that its central theme is the transformation of the British constitution into a “multi-layered constitution.” This is meant to refer to a constitution that “contains multiple, but inter-connected and sometimes overlapping European and national layers”,4 where “power (both legislative and political) has been spread away from the Westminister...
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...difference between Nazi law and, say, English Law is that the Nazis used their laws to achieve ends that are odious to an Englishman.” Though Hart and Fuller completely agreed about the odiousness of the ends that the Nazis pursued and the disgusting means through which they pursued them: racial discrimination, war crimes, genocide and torture. However, Fuller thought that there were important aspects of misrule by the Nazis that needed special attention by jurists and legal philosophers. He said that continuous violations of principles of legality...
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...institutions, and people in an interdependent economy? A) communism B) nationalization C) socialism D) globalization Answer: D Diff: 1 Chapter: 1 Skill: Concept Objective: 1 AACSB: Dynamics of the global economy 2) ________ results from the lessening of trade barriers and the increased flow of goods and services, capital, labor, and technology around the world. A) Economic integration B) Nationalization C) Protectionism D) Mercantilism Answer: A Diff: 1 Chapter: 1 Skill: Concept Objective: 1 AACSB: Dynamics of the global economy 3) In which of the following groups of trade blocs does most of today's world trade takes place? A) Middle East, China, and India B) North America, Africa, and Canada C) Western Europe, Asia, and the Americas D) Saudi Arabia, Western Europe, and the Gulf Answer: C Diff: 1 Chapter: 1 Skill: Concept Objective: 1 AACSB: Dynamics of the global economy 4) The European Union currently consists of how many nations? A) 12 B) 27 C) 34 D) 46 Answer: B Diff: 1 Chapter: 1 Skill: Concept Objective: 1 5) Which of the following best explains China's success in exporting? A) low costs and steady stream of capital B) geographic location in the world C) high educational standards D) close ties with Japan Answer: A Diff: 2 Chapter: 1 Skill: Concept Objective: 1 AACSB: Dynamics of the global economy 6) Which of the following countries is today known as the world's services supplier, providing highly...
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...do business across the world as the new technology allows this to be possible. The problem with this is that different countries have different ways of accounting standards, and therefore there is a problem on how to account standards. Hence, during the last years the debate on whether to use Fair presentation or the True and fair View is becoming a major concern. Fair presentation and the true and fair concept may seem as a similar concept, however, they do differ as well. While the former is the concept for United States, the latter is used in the UK, EU, Singapore, Australia and New Zealand. The IASB job is to prepare a “high quality global accounting standard that requires transparent and comparable information in general purposes financial statements”. According to the International Accounting Standard Board (IASB) the fair presentation is the concept which should be used, while the UK’s company act believe it’s the true and fair view ( TFV). The latest version of International accounting standard (IAS1) was brought into action from July 1998. This adopted both concepts, and it “required fair presentation and disclosure of compliance with IAS and a limited true and fair view override if compliance is misleading” . Fair presentation comes from the word GAAP (Generally accepted accounting principles) and first appeared in 1939. “Fair presentation requires the faithful representation of the effects of transactions, other events, in accordance with the definitions and recognition...
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...- II Constitutional Law - I Paper - III Research Methodology Semester II Paper - I Legal Theory - II Paper - II Constitutional Law - II Paper - III Law and Social Change ~YllabUS for tbe LL.M. Programme Note: The topic title of the syllabus is merely indicative. In order to keep up with the recent developments in law and the development of various concepts and ideologies, the subject faculty will supply detailed syllabus during the course of the scheme. The subject faculty will also supply the seminar topics for each student for each semester separately. The student should ensure that they are allotted the seminar topics in each of the subjects at the beginning of the semester itself. LEGAL THEORY I 1. Nature of jurisprudence 2. Meaning of Law 3. Natural Law theories 4. Classical Positivism 5. Pure Theory of Law 6. Analytical School of Law 7. Sociological School of Law 8. American Realism 9. Scandinavian Realism 10. Historical and Anthropological Jurisprudence 11. Marxist Theories of Law and State 12. Feminist Jurisprudence 13. Postmodernist Jurisprudence 12 SUGGESTED READINGS 1. Lloyd's introduction to jurisprudence 2. Jurisprudence by Dias 3. Jurisprudence by Mahajan 4. Jurisprudence by Bodenheimer 5. Jurisprudence by Wayne Morrison 6. Concept of Law H.L.A. Hart 7. Social Dimension of law by Julius Stone 8. Law in the Changing Society by Friedman 9. Law in the making by C.IZ. Allen 10. 1300ks on Constitutional Law in India and Constitutional...
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...partners are unable to come to a mutual agreement relating to property interests, the Family Law Act 1975 (Cth) aims to provide the means by which to reach a ‘just and equitable’ financial outcome. Despite this clearly identified aim set out by the legislation, the Family Law Act has to a certain extent been unsuccessful in achieving this objective, because of its failure to acknowledge the consequences of the sexual division of labour in contemporary society. By reference to the works of various socio-legal scholars and the relevant provisions of the Family Law Act/Marriage Act, this essay will explore the aforementioned failure of the family law in Australia...
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...Week 3 Knowledge Check The material presented below is not meant to be a comprehensive list of all you need to know in the content area. Rather it is a starting point for building your knowledge and skills. Additional study materials are recommended in each area below to help you master the material. Personalized Study Guide Results: Score: 17 / 18 Concepts Mastery Questions Stakeholder Influence 67% 123 Ethical Differences 100% 456 Rules of Ethical Decision Making 100% 789 Laws Affecting Business Commerce 100% 101112 Laws Affecting Business Occupation 100% 131415 Laws Affecting Business Organization 100% 161718 Concept: Stakeholder Influence Mastery 67% Questions 123 Materials on the concept: Stakeholders and Business Ethics 1. Which of the following people or groups supply a company with productive resources and are affected by the way a company does business? A. Stakeholders B. Customers C. Employees D. Managers Correct : “Stakeholders (are) people or groups of people who supply a company with its productive resources and thereby have an interest in how the company behaves” (Jones, 2007, p. 144). Materials Stakeholders and Business Ethics 2. Who has a claim on a company because they own shares? A. Employees B. Stockholders C. Customers D. Managers Correct : Stockholders own shares (stock) of a company; therefore, they have a claim on the company’s profits in the form of dividends. Materials Stakeholders...
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...AL-HELAL Course Title: Administrative Law Class Roll: ZH-26, 4th Batch, 5th Semester Dept. of Public Administration, University of Dhaka. Cell : 01924202090, E-mail : helal_pad_du@yahoo.com RULE OF LAW IN BANGLADESH: AN OVERVIEW ABSTRACT: "No free man shall be taken or imprison or disseized or exiled or in any way destroyed nor will we go or send for him, except under a lawful judgment of his peers and by the law of the land". --MAGNA CARTA This paper is a presentation of the concept of rule of law, Dicey's theory of 'Rule of Law', rule of law in true and modern sense and rule of law in Bangladesh. In Bangladesh context I have discussed the provisions for ensuring rule of law in Bangladesh constitution. I also have discussed the provisions of the constitution, which are contrary to the concept of rule of law in Bangladesh. It has been also identified the difficulties of application of rule of law in Bangladesh. INTRODUCTION One of the basic principles of the English constitution is the rule of law. This doctrine is accepted in the constitution of U.S.A. and also in the constitution of Bangladesh. Now a days rule of law is one of the most discussed subjects of developing countries. Developed countries and donor agencies always instruct the developing countries for sustainable development and good governance. Actually sustainable development and good governance mostly depends on the proper application of rule of law. Laws are made for the welfare of the people...
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...Week 1 Knowledge Check Concepts Business Systems Productive Resources Law of Supply Law of Demand Calculating Profit Calculating Profitability Effect of the Business Model Mastery 67% 100% 100% 67% 100% 67% 67% Questions 1 2 3 Score: 17/21 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Concept: Business Systems Concepts Business Systems Mastery 67% Questions 1 2 3 1.What are the three components that make up a business system? A. Business commerce, business organization, business occupation B. Business organization, business management, business exchange C. Business commerce, business organization, business market D. Business market, business management, business organization Correct! The correct answer is: A. The three components that make up a business system are as follows: business commerce, business occupation, and business organization. 2.Which term refers to the total money or assets of a business? A. Competitive advantage B. Sales revenue C. Capital D. Wealth Correct! The correct answer is: C. “Profit that is kept in a company and invested in its business increases its capital, the total monetary value of its financial assets such as cash, property, land, stock, patents, and brand name” (Jones, 2007, p. 8). . 3.Information technology, e-commerce, human resource management, and procurement are included in what type of value chain function in a business? A. Tertiary function B. Complimentary function...
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...Week 1 Knowledge Check Concepts Business Systems Productive Resources Law of Supply Law of Demand Calculating Profit Calculating Profitability Effect of the Business Model Mastery 100% 100% 67% 100% 100% 100% 100% Questions 1 2 3 Score: 20/21 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Concept: Business Systems Concepts Business Systems Mastery 100% Questions 1 2 3 1.What are the three components that make up a business system? A. Business commerce, business organization, business occupation B. Business organization, business management, business exchange C. Business commerce, business organization, business market D. Business market, business management, business organization Correct! The three components that make up a business system are as follows: business commerce, business occupation, and business organization. 2.Which term refers to the total money or assets of a business? A. Competitive advantage B. Sales revenue C. Capital D. Wealth Correct! “Profit that is kept in a company and invested in its business increases its capital, the total monetary value of its financial assets such as cash, property, land, stock, patents, and brand name” (Jones, 2007, p. 8). . 3.Information technology, e-commerce, human resource management, and procurement are included in what type of value chain function in a business? A. Tertiary function B. Complimentary function C. Primary value function D. Secondary value...
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...NIRMA UNIVERSITY INSTITUTE OF LAW TERM ASSIGNMENT II ON “JUS COGENS IN CONTEXT OF INTERNATIONAL LAW” IN THE SUBJECT OF PUBLIC INTERNATIONAL LAW SEM. VIII SUBMITTED TO: Mr. NADEEM KHAN ASSISTANT PROFESSOR SUBMITTED BY: DEEPAK TIWARI 11BBL118 SEC. - D JUS COGENS IN CONTEXT OF INTERNATIONAL LAW INTRODUCTION The term “jus cogens” refers to norms that command peremptory authority, overriding conflicting treaties and custom, in international law. The modern international law doctrine of jus cogens asserts the existence of fundamental legal norms from which no derogation is permitted.'1 The status of norms of jus cogens as general international law, Onuf and Birney argue, Is not a logical necessity so much as a compelling psycho-logical...
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