...Law of Torts Assignment draft This paper shall examine the current position of the Rescuer under Irish law, and critically examine how this position has developed under common law and statutes. This development can draw many of its origins from the 2009 Law Reform Commission consultation paper which essentially outlined a framework for the drafting of legislation. Furthermore analysing case law and statue from our jurisdiction and abroad, which was applied in the only real substantive case in Ireland to date, O’Neill v Dunnes Stores Ltd To determine the position of the rescuer in Ireland several factors were considered by the LRC such as the moral versus legal question of a duty to intervene, how intervention affects society and with an increasing level of litigation in modern Ireland, how the courts should view subsequent cases for and against Good Samaritans and Voluntary organisations. LRC Consultation Paper The recognition and protection of persons providing voluntary assistance has been addressed by the LRC Consultation Paper on Civil Liability of Good Samaritans and Volunteers, which proposes the introduction of a statute restricting the liability of such persons who intervene as rescuers. The recommendations in the paper essentially aimed to clarify the confusing position of rescuers in Ireland through the implementation of statute. Section 5.01 of the recommendations states “The Commission recommends that there should be no reform of the law to impose a duty...
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...Although the Good Samaritan law and duty to act exists in every state, legal statues in each state are not the same. In most states, the Good Samaritan law only applies to citizens and volunteers, and in other states the law applies to off-duty first responders and healthcare professionals. Nevertheless, the goal of the Good Samaritan law is to have individuals consider their ethical and moral duty to render aid. The Good Samaritan law is in place to encourage citizens to assist each other in times of need without the fear of a lawsuit, and to shield individuals who act with good intentions from liability for wrongdoing from rendering assistance. Similar to the duty to act, the Good Samaritan law covers aid at the scene of an emergency, accident,...
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...Good Samaritan Act Colorado/Louisiana LaNita D. Scott Afternoon Class February 28, 2013 Good Samaritan Act Colorado/Louisiana The Good Samaritan Act is legal terms in which refers to individuals who in good faith, volunteer to help other individuals in need of medical attention. In return the person giving the help must be responsibly with the injured person life. Each state offer good Samaritans immunity for assisting. For those good Samaritans who negligent cause the injured person more injures they could be held liable for any civil damages. There are individuals in this world that try and help others every day. Then there are others who will not help due to the fact that they are afraid to get into trouble because of these laws. There are several states that have adopted the Good Samaritan Act. Colorado and Louisiana are two that have established these laws within their state. In Louisiana, if an emergency medical technician give their service to help another individual out during an emergency situation and do not arrange for further medical treatment will be liable for any civil damage. Colorado also states, that if a licensed physician and surgeon renders help and it leads up to negligent on the patient, that individual rending the services will be held liable only if that patient is not obligated to be covered by him or her. Louisiana holds everyone liable for their actions no matter what. Whereas, Colorado only hold the individual who is the Good Samaritan liable...
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...Ethical Scrapbook: Part II Anthony D Thomas 2016/01/18 Kristopher Crowley CJS/211 Upon completion of the initial scrapbook assignment, My eyes were wide open about Ethics in our society, and how each and every person contributes to the solution; as well as problem. The different topics that the assignment consisted of; touched on nearly every aspect of society that need be discussed. Ranging on subjects from being a “Good Samaritan” to “Professionals that commit criminal offenses knowingly”. The only question after completion of this assignment was, “why weren’t there any further topics to research and search for?” Well not really, but it was an interesting assignment to complete none the less. Each topic discussed consisted of 3 examples that took me different places on the web that I never even considered looking at. The first topic that initiated the research, was that of the “Good Samaritan”. The first example slide presented, involved a New York Police officer giving a homeless man a new pair of boots and socks during a winter period. During these times whereas most of America sees Officers as self-interest low lives, an act as such, surely boosted confidence somewhat in the big Apple. I could definitely see myself aiding in a situation as such. Especially, the way I see that it gets freezing cold around the later parts of the year. Also too; simply knowing that there’s a person in need helps out with that decision, easily. The next example used within the PowerPoint...
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...the Good Samaritan Center located in Lovington, New Mexico. While working at the Good Samaritan center, Mitchell was given additional duties of handing out medications. There started to be issues with Mitchell not following the dress code, singing and not wanting to hand out medications. Mrs. Mitchell (appellee) was terminated on June 4, 1974 from Lovington Good Samaritan Center, INC. for alleged misconduct. June 12, 1974 Mrs. Mitchell applied for unemployment compensation benefits and was denied her benefits. July 24 1974, Mrs. Mitchell applied for an appeal. The issue of this case is whether the petitioner’s actions constituted misconduct if so as to disqualify her from certain unemployment compensation benefits. Under s 59-9-5(b), N.M.S.A.1953 The term “misconduct” is not defined in unemployment law for New Mexico. New Mexico adopted Wisconsin's 259-60,296 N.W. 636, 640 (1941) term for “misconduct”. The final decision was to reinstate Mitchells Commission due to the fact that her conduct was never severe enough to utilize the “last straw” doctrine. Using the “last straw” method an employer can rely on the doctrine for terminating an employee, where the termination is justified by a series of incidents of poor performance, followed by a final incident showing a blatant disregard for the employer's interests. In this case the Source: Kaplan University PA205 Unit 3 assignment case Mitchell v. Lovington Good Samaritan center Inc.,1976 Mitchell v. Lovington Good Samaritan...
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...Parables in Society What is a parable? A parable is a short story or a brief tale that is told to illustrate a religious, moral, or philosophical idea. About one third of Jesus Christ’s recorded teachings are in the form of parables. Jesus frequently used parables as a means of illustrating profound, divine truths. Stories such as these are easily remembered, the characters are bold, and the symbolism is rich in meaning. Parables were a common form of teaching in Judaism. Before a certain point in His ministry, Jesus had employed many graphic analogies using common things that would be familiar to everyone (salt, bread, sheep, etc.) and their meaning was fairly clear in the context of His teaching. Jesus told many parables during his ministry that really spoke to the people that he was ministering to and also gave them something to think about as well. I want to know something though; have you ever thought about the parables Jesus told and the fact that they could be true for us today in our society? Have you ever thought about how these parables can be examples of homelessness, inclusion, missionaries, and many other things in our society and how we can learn a lot from these parables? The parables that Jesus told were not just for those whom he personally taught. His parables are part of his gospel and are therefore for all peoples throughout all nations and throughout all time. When he said, “Go into all the world and preach the gospel to the whole creation” (Mark 16:15)...
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...Contemporary version of the Good Samaritan There was an poor, uneducated, immigrant Arabic woman who was hired at a local restaurant that was located in an upper-class, well-educated neighborhood that catered primarily to those who reflected that demographic. Those who lived in this particular community were satisfied with having only those who were educated with financial means to live in this community and work in this particular restaurant that was frequented by many of the community residents. The Arabic woman was hired to help serve meals and to occasionally wash dishes. However, she had difficulty speaking and clearly understanding English. She understood some key words and phrases but very little. This greatly annoyed the other employees, many who lived in the community. Many were very impatient with her and spoke ill and ridiculed her. Each day at work, they made fun of her and were unwilling to help her assimilate into the environment. Even those in management refused to yield time to help her understand what was fully expected of her. They avoided and ignored her when she requested for help. The waiters and waitresses, those who despised her being hired in the first place refused to help her as well, and would stand back and laugh when she would get something wrong or make a mistake. Finally, just as the Arabic woman was about to quit her job, sobbing tremendously, after having been bruised, taunted and abandoned by everyone else because she was an immigrant who...
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...Christian Love—One Step Beyond (Podcast) John H. Hampsch, C.M.F. Just before the Korean War some Communist rebels in a Korean town murdered a young Christian who was a YMCA secretary—an instance of Proverbs 29:10: "Bloodthirsty men seek to kill the upright." At the trial, the father of the slain boy, a minister, asked the judge to spare the life of the young cutthroat leader, and to be permitted to adopt him as his son, to replace the son that was murdered. As a result of this extra measure of forgiving love, the young Communist and all of his living relatives were converted to Christianity. What is the source of such heroic love? The answer is found in the very command to love with the extra measure, in the words "I say to you..." (Matt. 5:44). The secret of love and its glacier-melting warmth can be found only in the person of Jesus. He didn't say, "Without my ideals, you can do nothing," or "Without my precepts, you can do nothing." He said, “Without me you can do nothing." You can't live the Sermon on the Mount unless the Savior of the mount lives in you. "And this is how we know that he lives in us," says John. "We know it by the Spirit he gave us" (1 John 3: 24). Virtue, like a well-cut diamond, is multifaceted. Heroic virtue is any of those facets supercharged with love. "Over all these virtues put on love, which binds them all together in perfect unity" (Col. 3:14). That's why it is in the treatment of the virtue of charity or love that Jesus spotlights...
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...The Good Samaritan Act is an act that lets people to give emergency medical care without the fear of being sued if something goes wrong. This acted is established differently in each state. This act promotes people to help others in any emergency that occurs. In the state of New Jersey the act was established in the year of 2013. New Jersey was the 44th state to pass the Good Samaritan law. The Good Samaritan Act now alone people in the state of New Jersey to aid someone without the danger of getting sued. The Good Samaritan law helped and protected people who used the AED or also known as automated external defibrillator. People believe that after the act was established more people would own AED and there would be more in the public. The...
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...Unit 3 Case Brief Jon E. Johnson Kaplan, University Unit 3 Case Brief Case: Mitchell v.Lovington Good Samaritan Center Inc., 555 P.2d 696 (N.M. 1976) Facts: On 6/4/1974 the Petitioner, Zelma Mitchell, was terminated from her employment at Lovington Good Samaritan Center, INC., for alleged misconduct. On 6/12/1974, Mitchell applied for unemployment compensation and was found ineligible due to her being terminated for misconduct. She was found to be ineligible by an Unemployment Security Commission Deputy. Mrs. Mitchell filed an appeal to the Appeal Tribunal, and the referee of the Tribunal, reversed the decision of the Unemployment Security Commission Deputy, and her benefits were reinstated. On September 13, 1974, the Good Samaritan Center INC., appealed the decision of the Appeal Tribunal, to the entire Commission pursuant to s 59-9-6(E), N.M.S.A. 1953, and the Appeals Tribunal’s decision was overruled, and Mrs. Mitchell was again disqualified from receiving unemployment benefits. Mrs. Mitchell then asked for and received a review of the Commission’s decision, from the District Court of Bernalillo County, pursuant to s 59-9-6(K), N.M.S.A. 1953. On 01/16/1976, the District Court overturned the Commission’s decision, and Mrs. Mitchell was again reinstated to receive her unemployment benefits. On June 4, 1974, the Petitioner, Mrs. Mitchell, was caught by Center’s director filling in her time sheet, prior to commencing her shift. When questioned about why she was doing...
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...A Defense of Abortion by Judith Jarvis Thomson Abortion can be a very touchy subject for many people for many different reasons. The knowledge that goes along with having an opinion about abortion is sometimes nonexistent; I have heard presentation after presentation about what people’s opinions are without the intelligence that you should have when you are bill boarding those thoughts. Reading A Defense of Abortion by Judith Jarvis Thomson is an article that covers these topics from the most common arguments to her personal thought experiments and it a has a refreshing way of discussing the arguments. I also find that every time I read the article I change my mind about what her feelings about the subject truly are. The most common and the first argument that Thomson discusses is that people believe that the fetus is a human being from the time of conception. Thomson argues this point by saying we are told to think of the development of fetus to birth and through childhood as a continuous life and then we are told to pick a point and draw and line showing "before this point the thing is not a person, after this point it is a person", which in my opinion and I believe Thomson’s as well is just showing the fetus and even the infant is not a person and makes the argument invalid. Then she also goes on to explore the idea that just because an acorn becomes an oak tree it doesn’t mean an acorn is an oak tree, or should just say this is true since we say a fetus is a person? If we...
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...Kimberly Hoefer GE510- Intro to Graduate Studies Program/Sch.: MSML, MontreatCollege—SPAS Group: Group A Assignment: Stewardship Instructor: Dr. Alan Cellamare Date: 02/06/2014 Stewardship is defined as the position and duties of a steward, a person who acts as the surrogate of another of others, especially by managing property, financial affairs, an estate etc. Responsible for overseeing and protection of something considered worth caring or and preserving (www.webster.com). The bible has many examples of stewardship and how it relates to society today. God gave generosity as part of the law. As his people, we have special roles that were assigned to dominate creation. In this paper I will critique the articles “The Oxford Declaration on Christian Faith and Economics, Caring for Creation: Vision, Hope, and Justice, and “A statement on Biblical Justice”. I will address how the bible addresses stewardship and the benefits of fulfilling the responsibility? Why is stewardship rewarding? How does stewardship affect the decision making process in God’s vision for all of his people? Stewardship provides the opportunity to express their creativity and talents in the service to others. Stewardship is about supporting the community, working together and helps develop each other’s gifts and abilities. Stewardship is our serve to God, to be faithful servants and help someone else. God gives Adam dominion over the creatures and the land (Genesis 1:30). God made us in his own...
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...GOOD SAMARITAN LAW GUIDELINES 1. The Bystander is allowed to leave immediately after safely taking the injured person to the hospital without getting questioned only after giving the address. 2. The Bystander should be compensated or rewarded for his act to encourage others to come forward to help the road accident victims 3. The Bystanders shall not be liable for any civil or criminal liability 4. The Bystander shall not be compelled to reveal their personal details while informing the police or the emergency services. 5. Disclosure of personal details should not be made compulsory under MLC form of the hospital. 6. Disciplinary actions against those who do not follow it. 7. A person who has willingly admitted to be an eye witness, shall be investigated without harassment. 8. The examination should follow procedures mentioned under section 294 of CPC 9. Video Conferencing should be used for interrogations. 10. Both the private and the government hospitals should not force the bystander to pay the admission costs unless he a relative of the person. 11. Lack of response from the doctor shall constitute professional misconduct under the Indian Medical Council Regulation 2002. 12. All Hospitals shall publish a charter outside the hospital in English, hindi and the regional language of the place stating that they shall not detain the bystanders. 13. If the Bystander desires, the hospital shall provide a acknowledgement confirming...
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...recognized her. The pretty young lady in front of me was so different from the dowdy little girl I once knew. When she was small, she was an indifferent and non-fastidious dresser who used to wear faded hand-me-downs from her elder sister which was often several sizes too enormous. Now, she wore a figure-hugging dress that could only be one of the latest creations found in a fashion magazine. “Wow, how good-looking you are now! You are sure the belle of the town, right?” I joked. ************************************************************************************* Jessie has never said anything bad about anyone. She usually praises others if she knows a person has done something bad, she will keep quiet and never reveal the bad thing the person has done> Whenever a person says something bad about a person, she will always say,” Maybe the person has a good reason to act the way he or she acted. We must know the reason why a person is acting in a certain way before we judge the person.” ***This one must write at the beginning of the story.*** Jessie has been called the Good Samaritan. Her helpfulness attracts me so much. Hardly a day goes by when she does not help someone when they are in straitened circumstances. When a student cannot make head or tail in solving mathematical problem, the student will go to her for help. One day, she noticed a classmate coming to school with torn shoes....
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...I’m proud of my dirty hands. Yes, they are dirty. And they are rough and knobby and calloused. And I’m proud of the dirt and the knobs and the calluses. I didn’t get them that way by playing bridge or drinking afternoon tea out of dainty cups, or playing the well-advertised Good Samaritan at charity balls. I got them that way by working with them, and I’m proud of the work and the dirt. Why shouldn’t I feel proud of the work they do – these dirty hands of mine? My hands are the hands of plumbers, of truck drivers and street cleaners; of carpenters; engineers, machinists and workers in steel. They are not pretty hands, they are dirty and knobby and calloused. But they are strong hands, hands that make so much that the world must have or die. Someday, I think, the world should go down on its knees and kiss all the dirty hands of the working world, as in the days long past, armored knights would kiss the hands of ladies fair. I’m proud of my dirty hands. The world has kissed such hands. The world will always kiss such hands. Men and women put reverent lips to the hands of Him who held the hammer and the saw and the plane. His weren’t pretty hands either when they chopped trees, dragged rough lumber, and wielded carpenter’s tools. They were workingman’s hands – strong, capable proud hands. And weren’t pretty hands when the executioners got through them. They were torn right clean through by ugly nails, and the blood was running from them, and the edges of...
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