...bleeding, or other discomforts I had each listed. While in the beginning of Milestone three or week three of my last classes on 11/04/16 I had a doctor’s appointment with my nurse practitioner and was diagnosed with Vaginitis, Severe Urinary Track Infection, and Vulvovaginitis. Just dealing with one at a time proves to be a challenge but all three was a lot of pain to handle. Unfortunately this made it hard to do homework and turn in on time. Thankfully I received the proper medication and antibiotics to treat my condition, I have a medication list for proof. I had been dealing with that condition somewhere from mid to late September. That being said for the entirety of those classes I was infected and still finished both classes with a C letter grade. However, My Urinary Tract Infection has been completely resolved and my Vaginitis and Vulvovaginitis are now much more bearable. None of these will affect my future moving forward with the Art Institutes. I plan to file for part time at work so I can devote the majority of my time to focus on my studies and become a star student and far surpass my 1.99 GPA that stands at the moment. I understand I was .01 away from having my academic dismissal reversed and it was a bit of a heartbreak to come that close. I will remain optimistic and hope you see that I want to work hard and prove to you that I can handle any work given to me in my classes moving forward. My last instructor for my Composition and Language II [Pinnacle] ENG1020 P01...
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...I am in receipt of and have reviewed your grievance appeal dated April 14, 2015, regarding your complaint. It is your belief you should be permitted to visit with your biological son since he was not a victim in your current conviction. You contend he is older now than the victim of your crime and he should be permitted to visit with you. You are requesting visiting privileges with your son. Missouri Department of Corrections procedure IS/SOP13-3.1-Offender Visitation states, “The offender shall only be considered for visiting privileges with biological, step or adopted children who are not victims unless the circumstance of the current or prior offense will compromise the safety of the visiting child. The CAO or designee shall consider...
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...Allowance How to make an ESA appeal Introduction There are three levels of appeal when appealing a decision by the Department of Work and Pensions (DWP). They are: 1. Reconsideration 2. Appealing to the First Tier tribunal 3. Appealing to the Upper tribunal. Generally it is best to first appeal by asking the Department of Work and Pensions to reconsider its decision. If this fails then you can appeal to the First Tier tribunal which is independent and run by the Social Security tribunal service. If your appeal to the first tier tribunal fails then you can appeal to the Upper tribunal. On the next page you will find a list of some of the types of documents that you could use as evidence in any appeal or application for Employment Support Allowance. © DLS 2011 2 Evidence for appealing Employment Support Allowance decisions at any level of appeal • A letter of support from your doctor; • A care plan; • A doctor’s report; • A Statement by the claimant showing the history of the problems they have and how they affect them; • Any medical information such as letter for appointments or anything which assists in proving your claimant attended their Doctor/hospital or other therapy for their problem; • A diary of how the problems effect the claimant on a day to day basis; • A statement from anyone that might provide care or help the claimant with their problems such as friends, family, care workers or Work colleagues etc. © DLS 2011 3 Appeals The decision (Decision-Maker) ...
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...Sava Gumarska v. Advanced Polymer Sciences, 128 SW 3d 304 - Tex: Court of Appeals, 5th Dist. 2004 1. Who won the case? Advanced Polymer Sciences, Inc. (APS), won in this appeals case on 3 of the 5 issues in this case. The appeals court reversed the trial court’s judgment awarding damages to AAPS, and rendered judgment that APS take nothing against SAVA. The appeals court reversed the trial court's judgment refusing to award SAVA attorneys' fees and awarding APS attorneys' fees and expenses under the declaratory judgment act and remanded the issue of whether to award attorneys’ fees to the trial court for further proceedings. On all other issues the appeals court affirmed the trial court’s judgment. 2. Why did that person win? On the issue of the trial court's conclusion that the alleged failure of APS's resin coating products was not a material breach of the Equipment Agreement between SAVA and APS. APS won as neither the Company Formation Agreement nor the Equipment Agreement between SAVA and APS contained a warranty of the performance of the resin coating products. Nor was there an express condition in the Equipment Agreement that the resin coatings to be sold to SAVA AP would perform as warranted. Further, there was evidence that the equipment covered by the Equipment Agreement was not product specific; it could be used with any resin coating products. The evidence supportted the trial court's conclusion that the alleged failure of APS's resin coating products was...
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...THE COURT OF APPEALS and BANK OF THE PHILIPPINE Promulgated: ISLANDS, Respondents. November 18, 2005 x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x DECISION CARPIO, J.: The Case This is a petition for review[1] of the Decision[2] of the Court of Appeals dated 7 September 2000 and its Resolution dated 18 October 2000. The 7 September 2000 Decision affirmed the ruling of the Regional Trial Court, Makati, Branch 144 in a case for estafa under Section 13, Presidential Decree No. 115. The Court of Appeals Resolution of 18 October 2000 denied petitioners motion for reconsideration. The Facts Petitioners Jose C. Tupaz IV and Petronila C. Tupaz (petitioners) were Vice-President for Operations and Vice-President/Treasurer, respectively, of El Oro Engraver Corporation (El Oro Corporation). El Oro Corporation had a contract with the Philippine Army to supply the latter with survival bolos. To finance the purchase of the raw materials for the survival bolos, petitioners, on behalf of El Oro Corporation, applied with respondent Bank of the Philippine Islands (respondent bank) for two commercial letters of credit. The letters of credit were in favor of El Oro Corporations suppliers, Tanchaoco Manufacturing Incorporated[3](Tanchaoco Incorporated) and Maresco Rubber and Retreading Corporation[4] (Maresco Corporation). Respondent bank granted petitioners application and issued Letter of Credit No...
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...APPEALS PROCESS KENNETH SPAULDING CJS/220 UNIVERSITY OF PHOENIX MAY 7 2015 APPEALS PROCESS An appeal is a right you usually have after a final decision of a court or government agency. If you don’t agree with the decision of the court or agency, you can have the decision reviewed by a higher court or agency, and sometimes a court can review an agency’s decision. Almost all appeals have to be filed in writing. All appeals have to be filed within a certain time, called the appeal period. Sometimes you have to post an appeal bond, of cash or property, within a certain time, to appeal from a lower court to a higher court. A typical appeal in a criminal case is from a conviction following a trial. The defendant will allege to the appellate court that one or more errors occurred in the trial or the process leading up to trial that rendered the trial fundamentally unfair or unconstitutional. The appellate courts determine whether searches and seizures, interrogation practices, and trial procedures are constitutional or not. Thus, the appellate decisions directly affect future conduct by police, prosecutors, and trial judges. Many people complain that defendant are procedurally precluded from raising certain issues on appeal because their lawyer did not object at trial or their appellate attorney did not raise the issue on the initial appeal, and that these procedural bars result in the continued incarceration of people who did not receive a fair trial and possibly even...
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...Dear Siphokazi I write regarding your request for advice on your recent dismissal from the financial firm you’ve worked for the past 6 years. Dismissal is the employer’s termination a contract of employment and whilst dismissals are not uncommon practice in organisations, circumstances where one feels injustices have occurred, have grounds for an appeal through external systems (Bendix, Sonia, 2010). Most dismissal appeal cases aim to result in reinstatement, but seeing as you have interests in receiving compensation, and having the injustices of your dismissal corrected, below I shall outline steps you can take to achieve this through the CCMA or Labour Court. The two options I explains have differing weightings on their likelihood to produce justice (ie. Probable ruling in your favour) and their degree of compensation. I shall end off by advising you based on these weightings. To start the appeal process for any of the options I will suggest, you will need to send a written referral to the Commission for Conciliation, Mediation and Arbitration (CCMA), seeing as financial institutions do not have a bargaining council of their own (Bendix, Sonia, 2010. This should be done within the 30 days from the date you were informed or given notice of dismissal, which in your case is probably when you received the outcome of your disciplinary hearing. You can find the prescribed form for referrals through this link, which once completed, should be copied for delivery to your employer...
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...Student Appeals Center – General Request Form (This document will be used as the coversheet and SAC form) This form should be used by all students requesting an academic policy exception. Example: general admissions, application of credits, concurrent course enrollment, waiving a prerequisite, directed study courses, etc. NOTE: This form is not to be used by students who were either: (1) Academically Disqualified, (2) Denied Admission after failing to meet the terms of their Provisional Admission, (3) General re-entry request, or (4) Course waiver requests. |Date: 02/20/2016 |IRN: 9052170836 | |Last Name: |Kumaramangalam |First Name: |Arwin |PG |1 | |This section must be completed by Student Services. | |Campus: Online | |Campus Contact: | |Campus Approver: | |Title: | | |Original Program: | |Version: |...
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...from the public and those affected by the new regulation. Often times, comments from the industry and public have influenced the FAA to either change or abolish the propsed regulation all together. When the process has run its course, the FAA issue’s a Final Notice of Rule Making. This notice will set forth the final rule as it will be adopted and an effective date for it to take effect. Under the Code of Federal Regulations (CFR), Title 14-Aeronautics&Space, Part 13 Investigative and Enforcement Procedures, Subpart B-Administrative actions, the FAA may administer a “Warning Notice” which deals with the available facts and information about the incident or condition and shows that it may have been a violation. The FAA may also give a “Letter of Correction” that acknowledges the FAA decision in the matter and states a necessary corrective action the violator has taken or agrees to take. If the administrative process does not work, the FAA may invoke Subpart C-Legal Enforcement Actions; the FAA can enforce the regulations by instituting civil penalties. Civil penalties include, fines, summary seizure of aircraft (if being able paying the fine is...
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...Citation: United States v. Kutas 542 .2d 527 (9TH Cir.1976) Parties: United States, Plaintiff- Appellee Eva Agnes Kutas, Defendant- Appellant Facts: Defendant was convicted in the United States District Court for the District of Oregon, Otto R. Skopil, Jr., J., of harboring and concealing, and of conspiracy to harbor and conceal, an escaped federal prisoner, and she appealed. The Court of Appeals, Duniway, Circuit Judge, held that the evidence was sufficient to support defendant's conviction, that certain testimony did not constitute improper hearsay, that jury instructions were proper, and that defendant was not prejudiced by the fact that her attorney also represented a coconspirator. The evidence was sufficient to support a jury finding that Kutas knowingly harbored and concealed an escaped prisoner. Prior Proceeding: The court instructed the jury as follows: The words “harbor” and “conceal” refer to any physical act of providing assistance, including food, shelter, and other assistance to aid the prisoner in avoiding detection and apprehension. *529 In light of the interpretation given to “harbor and conceal” in United States v. Hobson, supra, 519 F.2d at 773-74, the instruction was correct. Issue or Issues: Based on Kutas conviction and sentence why did Ackerman failed to tell her about her rights to a separate counsel and influenced her improperly? Rule of Law: 9th circuit is that to prevail on its ground, the defendant has the burden of establishing...
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...MALAYSIAN COURT SYSTEM The purpose of this is to provide a brief overview of the Malaysian Court System. Whilst its intention is to familiarise readers with the function of Malaysian Courts, it is no substitute for professional legal advice which you should obtain whenever you are involved with the Courts. Such advice can be obtained from the numerous legal firms in the country or from the various Legal Aid Centres. MAGISTRATES COURT The Magistrates Courts deal with the vast majority of cases, both civil and criminal, and sit in almost all major towns in Malaysia. A) CIVIL JURISDICTION A Magistrates Court may hear a civil case when the amount in dispute does not exceed RM 25,000. Where the amount claimed does not exceed RM 5,000 you may wish to file your claim in the “Small Claims” division of the Magistrates Court. If you do so, however, you must be prepared to conduct the case yourself, as legal representation is not permitted. B) CRIMINAL JURISDICTION A Magistrates Court may hear criminal matters of the following nature: i. Where the offence is punishable by a fine only – this would cover the majority of the traffic offences. ii. Where the offence provides for a term of an imprisonment not exceeding (10) years. A Magistrate may not, however, impose a term of imprisonment exceeding (5) years. SESSIONS COURT A) CIVIL JURISDICTION A Sessions Court may hear any civil matter involving motor vehicle accidents, disputes between landlord and tenant, and distress actions. The Sessions...
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...1. What are the legal issues in this case? What did the appeals court decide? The Equal Employment Opportunity Commission (EEOC) stated that Target had disobeyed Title VII of the Civil Rights Act of 1964 when they did not properly store employee records pertinent to the ruling of illegal employment actions were being, or ever were, happening. The EEOC also went on to state that Target was indeed participating in unlawful discrimination of applicants that were African American, for higher managerial positions. The case was ousted by the District Court. 2. What are the obligations of an employer regarding the retention of records related to recruiting? What problems does the court identify with Target’s record retention practices? Under Title VII, it is mandatory for employers to prepare and proper store any documentation that may determine if there is anything unlawful in their practices. In other words, it is the responsibility of the employer to retain any applicant’s hiring paperwork. From the time of the charge, to the closing of the case, the court found that Target’s system does not have any provisions that hold documents pertaining to the case. 3....
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...and elsewhere, to secure the repayment of Rs. 20,000 at 12 per cent. interest on some houses belonging to the respondent. The amount actually advanced is in dispute. At that time the respondent was an infant; and he did not attain twenty-one until the month of September following. Throughout the transaction Brahmo Dutt was absent from Calcutta, and the whole business was carried through for him by his attorney, Kedar Nath Mitter, the money being found by Dedraj, the local manager of Brahmo Dutt. While considering the proposed advance, Kedar Nath received information that the respondent was still a minor; and on July 15, 1895, the following letter was written and sent to him by Bhupendra Nath Bose, an attorney:— “Dear Sir,—I am instructed by S.M. Jogendranundinee Dasi, the mother and guardian appointed by the High Court under its letters patent of the person and property of Babu Dhurmodas Ghose, that a mortgage of the properties of the said Babu Dhurmodas Ghose is being prepared from your office. I am instructed to give you notice, which I hereby...
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...to prevent pregnancy discrimination and monetary relief for $20,000 for McKinley. Intesa Sanpaolo is a bank that operates in New York. Giuseppe had gone on FMLA leave do to many health issues including depression. After being on leave he for five months Intesa sent Giuseppe a letter asking if he was going to return to work or if he was going to abandon his position at the bank. The back received a letter from Giuseppe’s attorney stating that “has not at any time evinced or expressed an intention to 'abandon his position.' Rather, he has been sick and unable to work, with an uncertain prognosis and a return to work date that is indeterminate at this time” (Nowak, 2013). The bank then terminated Giuseppe’s employment. He later sued the bank and their response was that he requested an indefinite leave. They expressed that this was an accommodation, which was not required by the employer since it was an unreasonable request. Even though the New York law mentioned that the leave can not be indefinite they requested that the bank show burden of proof that by permitting Giuseppe’s leave it would cause the bank an undue hardship. A case involving Google is proceeding after it has gone thru an appeals court. This comes when a huge concern about online privacy has risen. The issue was targeted in 2010 when people accused the company of using their...
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...[pic] NORTHERN HOME FOR CHILDREN 5301 Ridge Avenue Philadelphia, PA 19128 POLICY To ensure that the rights of consumers of Northern Home for Children are safeguarded and that disputes concerning our consumers are resolved promptly and fairly, consumers or their guardians have the right to lodge grievances and appeals when informal methods of resolving disputes are unsuccessful. The following grievance and appeal system is in effect at Northern Home for Children. GRIEVANCE PROCEDURE Northern Home for Children strives to promote consumer satisfaction by ensuring consumer rights are safeguarded and disputes concerning your rights are resolved in an expeditious manner. On occasion, there may be differences of opinion in the execution of services resulting in disputes, complaints, issues and concerns. The agency strongly encourages direct communication with Program Managers/ Directors to discuss and resolve concerns in a mutually satisfactory manner. Consumer’s who are in disagreement with the resolution implemented by the supervisory staff may contact the Director of Compliance & Performance Improvement for additional support in the resolution process. If a Northern Home for Children consumer has a concern, unanswered question, or complaint regarding his/her treatment or quality of care, the consumer may exercise his/her right to file a grievance by following the steps listed here: STEP 1: The consumer should first address his/her question, concern...
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