...GLOSSARY – BLW 301 Segment 1 Chapter 2 Courts and Alternative Dispute Resolution jurisdiction | The authority of a court to hear and decide a specific action. | in personam jurisdiction | Court jurisdiction over the “person” involved in a legal action; personal jurisdiction | in rem jurisdiction | Court jurisdiction over a defendant’s property. | exclusive jurisdiction | Jurisdiction that exists when a case can be heard only in a particular court or type of court, such as a federal court or a state court | alternative dispute resolution (ADR) | The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR. | arbitration | The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision. The decision may or may not be legally binding | mediation | A method of settling disputes outside of court by using the services of a neutral third party, called a mediator | arbitration clause | A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court. | negotiation | A process in which parties attempt to settle their dispute without going to court, with or without attorneys to represent them. | award | In the context of arbitration, the arbitrator’s decision. | concurrent jurisdiction | Jurisdiction...
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...371-6650 AVAILABLE 7 DAYS A WEEK STRICTLY CONFIDENTIAL. We will make all arrangements for you and help you with information and counseling. 1 Specifically, Mr. Bigelow was charged with violating Va. Code Ann. § 18.1-63 (1960). The statute made it a misdemeanor to encourage or prompt the processing of an abortion "by publication, lecture, advertisement, or by the sale or circulation of any publication, or in any other manner, encourage or prompt the procuring of abortion or miscarriage". Mr. Bigelow was tried and convicted in Albemarle County Court. He appealed to the Albemarle County Circuit Court, where he was granted a de novo trial. De Novo is Latin for ‘new beginning’, so a de novo trial is a completely new trial. Typically, a trial de novo is ordered by an appellate court when the original trial failed to make a determination in a manner dictated by law. 2 He was tried by judge in July, 1971. The facts of the case were stipulated. The evidence presented included a copy of the advertisement printed in the February 8, 1971 issue of The Virginia Weekly, as well as the June 1971 issue of Redbook magazine, in which was printed an article...
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...5. The Key Study Areas are as follows….. * TCO A -Business ethics: Three layers of Business ethics: * 1) Basic values (honest, keeping promises) * 2) Notion of fairness (how do we treat others?) * 3) Issues related to community, environment, neighbors Business ethics considers fairness and morals standards amidst the pressure of earning a profit and providing returns to shareholders. Sometimes we may have business ethical tensions where Employee has personal economic interests in continuing employment that may compromise certain personal moral standards. -Ethical Models/Tests The Blanchard and Peale Model * Is it legal? (IF NO, analysis is done) * Is it balanced? (Is our deal with the other side balanced or was it cutthroat?) * How does it make me feel? (The action may be legal and appear balanced; but, do you feel good about it?) * Front Page of the newspaper test: Simple question that requires a decision maker to envision how a reporter would describe a decision on the front page of a local or national newspaper. * Laura Nash Perspective Model: How would I view the issue if I stood on the other side of the fence? What am I trying to accomplish? Can I discuss my decision with friends, family, and those closest to me? * The Golden Rule: “Do unto others as you would have them to unto you. This requires one to apply the same standards of fairness and equity to their own actions that they would demand...
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...In brief: This chapter gives an overview of the selection process, testing concepts, types of tests, and selection techniques. It also addresses legal and ethical questions surrounding the area of testing and selection. Interesting issues: Most companies desire reference and background information to make employment decisions, however, most companies also have policies against giving out any information on current or past employees beyond basic job titles and dates of employement. Students need to see the tug-of-war between privacy rights and employer needs for background and predictive information. Lecture Outline I. The Selection Process A. Why the Careful Selection is Important 1. Performance 2. Costs 3. Legal Implications and Negligent Hiring II. Basic Testing Concepts A. Validity 1. Criterion Validity 2. Content Validity B. Reliability 1. Retest Estimate 2. Equivalent Form Estimate 3. Internal Consistency C. Sources of Unreliability 1. Poor Sampling of the Material 2. Chance Response Tendencies 3. Testing Conditions 4. Changes in the Person D. How to Validate a Test 1. Analyze the Job 2. Choose your Tests 3. Administer the Test a. concurrent validation b. predictive validation 4. Relate Test Scores and Criteria Figure 5-3 on page 178 shows a sample expectancy chart. 5. Cross-validation and Revalidation E. Testing Guidelines 1. Use Tests as Supplements 2. Validate the Tests 3. Analyze...
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...Chapter Study Questions Exam Five 2305 (Chapters 4, 5, and 9) The Enduring Democracy Third Edition, 2013-2014, Dautrich and Yalof, Cengage Publishing. Be sure to skip a line between the question and the answer and skip another line before the next question. Chapter Four: Civil Liberties 1. What are civil liberties and when did individual rights recognized by government first appear in a legal charter? What charter? 73 - Those specific individual rights that are guaranteed by the Constitution and cannot be denied to citizens by government. Most of these rights are in the first 10 amendments to the Constitution, known as the Bill of Rights. The original English legal charter, the Magna Carta of 1215. 2. How are civil liberties different from civil rights? 73 - Civil liberties may be distinguished from civil rights (sometimes called equal rights), which refer to rights that members of various groups (racial, ethnic, sexual, and so on) have to equal treatment by government under the law and equal access to society’s opportunities. 3. What were the Alien and Sedition Acts and were editors if newspapers actually jailed? 74 - Alien Act, which authorized the president to deport from the United States all aliens suspected of “treasonable or secret” inclinations; the Alien Enemies Act, which allowed the president during wartime to arrest aliens subject to an enemy power; and the Sedition Act, which criminalized the publication of materials that brought the U.S. government...
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... b. to provide society with guidance as to what acts are considered legally http://www.mangahere.co/manga/fairy_tail/v38/c384/right and legally wrong. c. to provide penalties and sanctions for wrongful acts. d. all of the above. 3. Common law rules develop from: a. statutes enacted by Congress and the state legislatures. b. the principles behind the decisions in hypothetical disputes. c. the principles behind judicial decisions in actual legal disputes. d. propositions voted on by state residents and enacted into law. 4. What is the doctrine under which judges are obligated to follow the precedents established in prior decisions? a. stare decisis. b. res ipsa loquitur. c. commom law d. post hoc. 5. In a particular case, if a court decides that an established rule of precedent is incorrect or inapplicable, the court: a. must refuse to decide the particular case. b. must apply the precedent. c. may rule contrary to the precedent. d. must “stand on the decided case.” 6. Statutory Law can best be defined as: a. laws enacted by legislative bodies at any level of government. b. a body of law created by...
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...The Need for Whistleblowing Legislation in Canada: A Critical Defence Jonathan Carson Research Officer The Association of Management, Administrative and Professional Crown Employees of Ontario 1 Dundas Street West Suite 2310, Box 72 Toronto, ON M5G 1Z3 carson@amapceo.on.ca Paper presented to the Canadian Political Science Association Conference, June 2006 The opinions expressed herein are those of the author and do not necessarily reflect those of AMAPCEO Working Paper – Please do not cite without permission from the author Introduction This paper is about the need for whistleblowing legislation in Canada, at both the federal and provincial levels. The focus of the paper is squarely on the public service. Although certain jurisdictions (for example, the United Kingdom1) have a single disclosure regime covering both the private and public sectors, then general trend throughout the world is for distinct legislation for the two sectors. In Canada, there are already numerous statutory avenues for individuals in both the public and private sectors to blow the whistle; however, the grounds for disclosure are generally quite circumscribed, with the statutes tending to deal only with specific concerns, e.g. occupational health and safety or the environment.2 At present whistleblowing legislation is coming into vogue across Canada, at both levels of government. This paper argues that such legislation should have the modest goal of protecting good faith whistleblowers. This...
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...In brief: This chapter gives an overview of the selection process, testing concepts, types of tests, and selection techniques. It also addresses legal and ethical questions surrounding the area of testing and selection. Interesting issues: Most companies desire reference and background information to make employment decisions, however, most companies also have policies against giving out any information on current or past employees beyond basic job titles and dates of employement. Students need to see the tug-of-war between privacy rights and employer needs for background and predictive information. Lecture Outline I. The Selection Process A. Why the Careful Selection is Important 1. Performance 2. Costs 3. Legal Implications and Negligent Hiring II. Basic Testing Concepts A. Validity 1. Criterion Validity 2. Content Validity B. Reliability 1. Retest Estimate 2. Equivalent Form Estimate 3. Internal Consistency C. Sources of Unreliability 1. Poor Sampling of the Material 2. Chance Response Tendencies 3. Testing Conditions 4. Changes in the Person D. How to Validate a Test 1. Analyze the Job 2. Choose your Tests 3. Administer the Test a. concurrent validation b. predictive validation 4. Relate Test Scores and Criteria Figure 5-3 on page 178 shows a sample expectancy chart. 5. Cross-validation and Revalidation E. Testing Guidelines 1. Use...
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...(FINAL REQUIREMENTS: PROFESSIONAL ETHICS CS 170) Submitted to: Mrs. Abegale B Lajo Submitted by: Perez, Kleimar B. Course Year and Section: BSIT-3A An overview of ethics Questions: * Give at least 5 life experiences that helped you define your own personal code of ethics. Explain completely your answer. * Do you think that the importance of ethical behavior in business is increasing or decreasing? Defend your answer. * Write an essay discussing the ethics, risks, and benefits of using cookies and spyware to track customer browsing and online purchasing habits. My Answer: 1. In my whole entire life as a citizen of the Philippines and as a student taking up bachelor of science in information technology, I always do the things what is right and wrong. Even though I do things that is wrong, I always do a good things and a ethical way, here are some of my experience that included an ethical way: - When I always in the bus and there’s no more seat, I stand, when someone stands in their seat, I always check if there’s any women who is standing and struggling to balance herself in a very fast bus and I always do is poking or making a sign in the girl for her to know that there was a available seat for her to seat and not struggling. I always do that in order for me to be a gentleman and doesn’t want girls to struggle to stand. - When do I have a exam and I don’t have a time to review, I do is a quick review, when the exam starts, I struggle and tempted...
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...3 Учреждение образования «Брестский государственный университет имени А. С. Пушкина» Кафедра английского языка с методикой преподавания М. В. Гуль EDUCATIONAL SYSTEM. COURTS AND TRIALS СИСТЕМЫ ОБРАЗОВАНИЯ И ПРАВОСУДИЯ ВЕЛИКОБРИТАНИИ И США Практикум по английскому языку Для студентов 4-го курса гуманитарных и педагогических специальностей (специальность 1-21 06 01-01, современные иностранные языки специальность 1-02 03 06, иностранные языки (английский, немецкий)) БрГУ имени А. С. Пушкина Брест 2009 4 УДК 372.016 : 811.111(076) ББК 74.268.1(Англ)р Г94 Рецензенты: Кандидат филологических наук, доцент кафедры иностранных языков технических специальностей БГТУ Д. В. Новик Зав. кафедрой кафедрой иностранных языков второй специальности БрГУ имени А. С. Пушкина, доцент В. М. Иванова Практикум направлен на совершенствование навыков и развитие умений диалогической и монологической речи по темам: система образования, система правосудия Великобритании и США, а также на совершенствование письменной компетенции студентов. Каждый раздел содержит тематический словарь, ряд упражнений на закрепление лексики, достаточное количество текстов по теме, упражнения на повторение. Практикум предназначен для аудиторной и самостоятельной работы студентов 4-го курса, изучающих английский язык как основную специальность. 5 Educational System (the USA and the UK) Topical Vocabulary Nursery school, kindergarten, elementary school, high school (junior, senior), secondary school...
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...actions. RULE 1 GENERAL PROVISIONS Section 1. Title of the Rules The Rules of Court are not penal statutes. They cannot be given retroactive effect. They can, however, be made applicable to cases pending at the time of their passage and therefore are retroactive in that sense. Under the 1987 Constitution, the rule-making power of the Supreme Court has the following limitations: 1. It must provide a simplified and inexpensive procedure for the speedy disposition of cases; 2. Uniform for all courts of the same grade; and 3. Shall not diminish, increase or modify substantive rights (Art: VIII Section 5[5]). Section 2. In what courts applicable Section 3. Cases governed ACTION CLAIM An ordinary suit in a A right possessed by one court of justice. against another. One party prosecutes The moment said claim is another for the filed before a court, the enforcement or claim is converted into an protection of a right or action or suit. QuickT the prevention or redress ime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. of a wrong. APPLICABILITY: 1. Civil Action – one by which a party sues another for the enforcement or protection of a right or the prevention or redress of a wrong. 2. Criminal Action – one by which the Stake prosecutes a person for an act or omission punishable by law. Formal demand of one’s legal rights in a court of justice in the manner prescribed by the court for by the law. (B) As to...
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...ПРАКТИЧЕСКИЙ КУРС АНГЛИЙСКОГО ЯЗЫКА ГУМАНИТАРНЫЙ, ИЗДАТЕЛЬСКИЙ Сканирование, перевод в .d jvu: Суворов УЧЕБНИК ДЛЯ ВУЗОВ ПРАКТИЧЕСКИЙ КУРС АНГЛИЙСКОГО ЯЗЫКА 4 КУРС Под редакцией В.Д. Аракина Издание пятое, переработанное и дополненное Рекомендовано Министерством образования и науки Российской Федерации в качестве учебника для студентов высших учебных заведений Москва УМ М АШ Г4АМ ь МЗДЛГЕЛЬСХМ ^ХВПЛЛОС 2006 УДК 811.111(075.8) ББК 81.2Англ-923 ГІ69 В.Д. Аракин , И.А. Новикова, Г.В. Аксепова-Пашковская, С.Н. Бронникова, Ю.Ф. Гурьева, Е.М. Дианова, JI.T. Костина, И.Н. Верещагина, М.С. Страшпикова, С.И. Петрушин Рецензент: кафедра английского языка Астраханского государственного педагогического института им. С.М. Кирова (зав. кафедрой канд. филол. наук Е.М. Стомнель) Практический курс английского языка. 4 курс : учеб. для П69 студ. высш. учеб. заведений / [В.Д. Аракин и д р .]; под ред. В.Д. Аракина. — 5-е изд., перераб. и доп. - М. : Гумалитар. изд. центр ВЛАДОС, 2006. — 351 с. : ил. ISBN 5-691-00978-8 (в пер.). Серия учебников цредцолагаст прсемствешгость в изучении английс кого языка с І по IV курс. Цель учебника — обучение устной речи па основе развития необходимых автоматизированных речевых навыков, развитие техники чтения, а также павыков письменной речи. Учебник предназначен для студентов высших учебных заведений. УДК 811.111(075.8) ББК 81.2Лнгл-923 ISBN 5-691-00978-8 (в пер.) © Коллектив авторов, 2003 ...
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...Bombay High Court 1 1862 - 2012 A Journey of 150 Years through some Memorable Judgments Part 1 2 PREFACE A tiny kernel of an idea planted by Justice Mridula Bhatkar took root, and has resulted in a humble effort to present before you a compendium of the crux of some of the judgments of the Judges who have served the Bombay High Court since its inception in 1862.1 The initial idea was to document one judgment of the First Court from each year which was modified to include a judgment of the Bombay High Court of each year. I soon realized that it was too expansive an idea to merit a single judgment a year. I could collect and collate, as many as ten judgments which would qualify to show the development of the law we desired to portray. Having found too vast a number of such judgments, I had to settle at a more reasonable figure of about five judgments each year to showcase the progress this Court has made from its illustrious beginnings. Our Chief Justice Mohit Shah and our Justice Chandrachud wholeheartedly supported the idea to complement the Book published on this the sesquicentennial of our Court. As the number of Judges grew, fewer judgments of each Judge would be selected as illustrations. These judgments are not the only path-finding groundbreaking ones; they are also ones with simplicity and legal elegance. The number of judgments we settled upon just would not permit all deserving judgments to be compiled; only a few have been picked from each year as the first in...
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...ETHICS IN INFORMATION TECHNOLOGY Third Edition This page intentionally left blank ETHICS IN INFORMATION TECHNOLOGY Third Edition George W. Reynolds Australia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom • United States Ethics in Information Technology, Third Edition by George W. Reynolds VP/Editorial Director: Jack Calhoun Publisher: Joe Sabatino Senior Acquisitions Editor: Charles McCormick Jr. Senior Product Manager: Kate Hennessy Mason Development Editor: Mary Pat Shaffer Editorial Assistant: Nora Heink Marketing Manager: Bryant Chrzan Marketing Coordinator: Suellen Ruttkay Content Product Manager: Jennifer Feltri Senior Art Director: Stacy Jenkins Shirley Cover Designer: Itzhack Shelomi Cover Image: iStock Images Technology Project Manager: Chris Valentine Manufacturing Coordinator: Julio Esperas Copyeditor: Green Pen Quality Assurance Proofreader: Suzanne Huizenga Indexer: Alexandra Nickerson Composition: Pre-Press PMG © 2010 Course Technology, Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright herein may be reproduced, transmitted, stored or used in any form or by any means graphic, electronic, or mechanical, including but not limited to photocopying, recording, scanning, digitizing, taping, Web distribution, information networks, or information storage and retrieval systems, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without the prior written permission...
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...brought to you by the William & Mary Law School Scholarship Repository. http://scholarship.law.wm.edu/wmlr A PATTERN-ORIENTED APPROACH TO FAIR USE MICHAEL J. MADISON* ABSTRACT More than 150 years into development of the doctrineof "fairuse" in American copyright law, there is no end to legislative,judicial, and academic efforts to rationalizethe doctrine. Its codification in the 1976 CopyrightAct appearsto have contributedto its fragmentation, rather than to its coherence. As did much of copyright law, fair use originated as a judicially unacknowledged effort via the law to validate certain favored practicesand patterns.In the main, it has continued to be applied as such, though too often courts mask their implicit validation of these patterns in the now-conventional "caseby-case" application of the statutoryfair use "factors"to the defendant's use of the copyrighted work in question. A more explicit acknowledgment of the role of these patterns in fair use analysis would be consistent with fair use, copyright policy, and tradition. Importantly, such an acknowledgment would help to bridge the often difficult conceptual gap between fair use claims asserted by individual defendants and the social and cultural implications of accepting or rejecting those claims. In immediate terms, the approach should lead to a more consistent and predictable fair use jurisprudence.When viewed in light of recent research by cognitive psychologists and other social scientists on patternsand creativity...
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