...State Law Summary August 11, 2012 Professional, Ethical, and Legal Issues in Human Services-BSHS/332 Mental Health Codes for Adults and Children: New York Code- Title B: Mental Health Act states that the state of New York and its local governments have a responsibility for the prevention and early detection of mental illness and for the comprehensively planned care, treatment and rehabilitation of our mentally ill citizens. N.Y. MHY. LAW § 7.07: NY Code - Section 7.07: Office of mental health; scope of responsibilities The New York State of mental health has the responsibility to assure comprehensive plans, prevention, education, and the rehabilitation of the mentally ill. The local government along with community organizations and agencies will develop such services in the appropriate facilities. These offices are responsible in assuring that the mentally ill receive the proper care and treatment they require and that this service is one of high quality. While also assuring that their civil rights are adequately protected. They will also be required in providing financial support, culturally and linguistically competent mental health services. These services include but are not limited to the following services in-patient, outpatient, hospitalization, and or other treatments and services that they require. New York State of mental health also states that a doctor may admit a patient if they feel that this person may...
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...Summary International Law Week 1: International law: Rules and principles that govern the international relations between sovereign states and other institutional subjects of international law. * Created primarily by states. * The fact that rules come into being in the manner accepted and recognized by states as authoritative, is enough to ensure that ‘law’ exists. * When a country breaches international law, the Security Council may take enforcement action, or it can result in the loss of corresponding legal rights and privileges. * However, international law lacks many of the formal institutions present in national legal systems. * The International Court of Justice is the judicial organ of the UN and the ICC deals with serious violations of international law of individuals. There are also a few ad hoc tribunals that are concerned with discrete issues of international law. * Another disadvantage is that the system of flexible and open-ended rules is a lack of certainty. Effectiveness: - International law is needed in order to ensure a stable and orderly international society. - There is a psychological barrier against breaking international law, simply because it is law. - The practitioners of international law may have a ‘habit of obedience’ derived from their own training as national lawyers which serves to encourage respect for international law. Weaknesses: - Lack of formal institutions present in national legal systems. - Customary law-making process...
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...Theoretically, the law on the books and law in action are opposites that attract. Law on the books is in the constitution, it is a law established by the legislative bodies. However, the cases are decided by officials in high ranking positions. Law on the books explains the legality of the law, but it does not explain the law in action and how it should be done. Law on the books was written in law books, whereas law in action is the reality. According to Neubauer & Fradella (2014), the law in action perspective helps us understand how discretionary decisions are made within the context of the formal law. Discretionary—the discretion of a user, users could be judges, prosecutors, and defense attorneys. Formal law being Typically...
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...Agency Law 1. Agent is not a party, only representative to carry out almost all legal acts of principal. 2. Agent must have authority to represent. Relationship is normally contractual. a. Express authority ACTUAL: being set out/stated in words by principal, orally or in writing.超过一年或一年可能不能完成、买卖land/interest in land/business must written document即为power of attorney. b. Implication authority ACTUAL: • Authority被要求做things necessarily or normally incidental to acts that have been expressly authorized • Authority is given to agents employed in a particular capacity例如公司的经理 • Authority is customarily granted to agents employed in a particular market or type of business c. Apparent authority/ostensible authority名义代理 • Representation was made to third party that agent had authority to enter into the kind of trans in question • Representation was made by a person with actual authority to manage relevant aspects of 公司生意 • Third party was induced to enter the transaction by the representation and relied on it • The company in fact had the power to enter into the type of trans in question 3. Ratification a. If agent act without authority or outside the limit of actual authority, principal can assent批准by ratificaiton b. Ratification must be made within reasonable time and do not prejudice the interest to third party. c. No ratification of unauthorized act if principal is undisclosed. Principle is undisclosed when the third party not contemplate预期 of being legally bound to...
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...PROPERTY LAW Introduction -Historically there were two branches of Property Law: • Real property: (Land and interests in land) • Personal property: (Everything besides land and interests in land) -The reason for the two separate branches is that historically land was the most valuable type of property (and arguably still is). -This course predominately focuses on real property. *Note that personal property can become real property by being attached to real property – referred to as ‘fixtures’. (E.g. carpet fixed to a house). SEE LATER FOR FULLER DISCUSSION OF FIXTURES. -General terminology: • Licence: all rights in relation to land, which look like a property rights, but are not actually property rights. ❖ Bare licence: The licence is not coupled with any form of consideration, and therefore can be revoked at will. ❖ Contractual licence: A licence coupled with a contract, and therefore may have remedies in breach of contract (damages, etc.). -Real Property (Common law) rights: • Fee Simple – An unencumbered inherited interest in land. It is almost equal to ownership (the crown actually owns all the land, but people have the right to reside on the land. • Native title – To be distinguished from the common law system. • Life estate – This estate lasts until death, i.e. it is not inheritable. • Lease / tenancy agreement – The right of possession is given (also known as a ‘possessory estate’. (If...
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...In 1965, New York City enacted its Landmarks Preservation Law, which protected historic landmarks and neighborhoods from destruction or alterations to their characters. This Landmarks Law also established the Landmarks Preservation Commission, whose purpose was to identify and designate the city’s landmarks (and districts) as well as regulate changes made to these designated structures. Penn Central Transportation Company owned the Grand Central Terminal, which had been designated as a landmark under the application of the Landmarks Law in August of 1967. In January of 1968, Penn Central entered into a renewable 50-year lease with Union General Properties, Ltd. (a corporation of the United Kingdom) to allow UGP to construct a multistory office building in the air space above the terminal; UGP would pay Penn Central $1 million for each year of construction and $3 million each year after that. Penn Central and UGP jointly applied to the Landmarks Preservation Commission for permission to build the proposed office building atop the Terminal. The first plan, Breuer I, called for a 55-story building to be cantilevered above the existing façade, but was denied as the Commission thought a building of such great height would not only look outlandish on top of an 8-story historical landmark, but would also diminish the prominence of the landmark itself. The second plan, Breuer II Revised, called for a removal of the Terminal’s 42nd Street façade to build a 53-story office building...
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...Separating the Law from Politics Unlike the President, or Congressmen, the Supreme Court is meant to remain a non-political entity. For this reason, each court member must represent an independent and a-political view, thus, all decisions stemming from the court ought to be born out of the Constitution. In theory, Constitutionalism within the court then, could be defined as the “the practice of ensuring that the spirit of the Constitution is the deciding factor in all court cases brought before SCOTUS”. (Pettit 2011) Shapiro explained that the court must create policy without violating neutrality, “not in terms of philosophic, jurisprudential, or historical correctness of the concept of neutral principles.” (Shapiro 1964) It is understood...
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...The process selection for law enforcement should have strict guidelines to enhance how selected officers perceive themselves and how they will behave toward the public. “During interviews the applicant should be prepared to explain life experiences, such as good and bad.” (Doemer, p. 116, 2016). This allows the decision makers to get a feel of how the candidate can handle being a police officer when it comes to serious situations. Being a police officer is not the job for anyone, it takes a strong minded individual with the mindset to follow the law and protect the community. Their duties are dangerous and consist of being caution on a daily basis of their surroundings and also the citizens surroundings. “The truth of the matter is, given the...
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...Westminster International University in Tashkent, Academic year 2013-14, Semester 1 Module name Personal Development CW weighting 40% Submission deadline TW12-13 Sem.One CW format (individual/group) Individual CW number and title CW 2 Oral presentation CW checks the learning outcomes 1- prepare documents about themselves, reflecting the personal development of a student (such as a portfolio, an action plan); 2- set goals for further improvement based on individual reflective learning; 4- communicate in writing and orally; 6- deliver a presentation Oral Presentation You will need to prepare an individual oral presentation. The Oral Presentation task will test your ability to communicate information in oral form supporting it with visual aids such as Power Point slides, posters, etc. The presentations will take place in TW 12-13 of semester one. Each presentation will last 5-6 minutes. It will consist of an introduction, the main body and a conclusion and will be followed by questions from the audience. You will be assessed on 1. quality of the content, 2. ability to structure the material, 3. interaction with the audience using body language and eye contact and dealing with questions appropriately 4. quality of visual aids. Prepare a presentation which is based on the topic “My personal learning from research on Mass Media in Uzbekistan” You need to follow the steps below: 1 Westminster International University in Tashkent, Academic year 2013-14, Semester...
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...results to be attained, not how they are to achieve them. CDRs use orders to provide direction and guidance that focus the forces activities on the achievement of the main objective, set priorities, allocate resources, and influence the situation. 6. Accept prudent risk – a deliberate exposure to potential injury or loss when the commander judges the outcome in terms of mission accomplishment as worth the cost. PRESENTATION OUTLINE / SLIDES A. Intro, purpose, references, procedure/outline 1. Greeting (poised and confident) 2. Purpose (BLUF) – relevant, focused, clear, concise, stating thesis 3. References (current and meaningful) 4. Procedure and outline, logical, posted or embedded throughout the brief B. Quick summary of events leading to battle. C. Analysis of mission command from one side of the battle – four of the 6 principles of mission command D. Quick description of the battles outcome on how the mission affected that outcome. E. Significance of this analysis. 1. Para B-E body of Mission Analysis paper 2....
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...4/11/2016 Purdue OWL Welcome to the Purdue OWL This page is brought to you by the OWL at Purdue (https://owl.english.purdue.edu/). When printing this page, you must include the entire legal notice at bottom. Contributors:Elyssa Tardiff, Allen Brizee. Summary: This resource describes why outlines are useful, what types of outlines exist, suggestions for developing effective outlines, and how outlines can be used as an invention strategy for writing. Four Main Components for Effective Outlines Ideally, you should follow the four suggestions presented here to create an effective outline. When creating a topic outline, follow these two rules for capitalization: For firstlevel heads, present the information using all uppercase letters; and for secondary and tertiary items, use upper and lowercase letters. The examples are taken from the Sample Outline handout. Parallelism—How do I accomplish this? Each heading and subheading should preserve parallel structure. If the first heading is a verb, the second heading should be a verb. Example: I. CHOOSE DESIRED COLLEGES II. PREPARE APPLICATION ("Choose" and "Prepare" are both verbs. The present tense of the verb is usually the preferred form for an outline.) Coordination—How do I accomplish this? All the information contained in Heading 1 should have the same significance as the information contained in Heading 2. The same goes for the subheadings (which should be less significant than the headings)...
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.... Introduction – You need to outline to your CEO the aim of report, the issue in focus (a quick summary from your brief), what management functions /theories are going to be covered, and how the issue is going to be addressed. 2. Defining and framing the Issue –You need to identify the underlying reasons why the issue has arisen in the first place (the ‘why’? question). As part of this, you will need to frame the issue in relation to the current practices with management functions (including supporting theory/theories) that may have contributed to the issue. You should include some consideration of any relevant environmental factors (internal/external) that may have influenced the issue. 3. Addressing the Issue – You need to show how you will address the underlying reasons that have contributed to the issue by outlining changes to the existing practices with the identified management functions (the ‘how’? question). Your arguments need to be supported with reference to theory/theories that endorse the new approach. 4. Conclusion – You need to provide a summary and evaluation of the key findings of the report. You may choose to identify some limitations and/or assumptions associated with the findings that reader of the report should be aware of. 5. Recommendations – You need to provide no less than two and no more than three recommendations on the courses of action that the business ‘should’ undertake. These recommendations should clearly and succinctly outline a suggested...
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...The audio summary is a new product for the market. These is no direct competitor because we are the only audio summary in the market currently. However, the competitions are still existed since there are substitutes for our product. The substitutes include document summary and video review for textbooks. It is obvious that there are many different documental summary for textbooks in the market right now. For example, Koofers Notes is a website that allowed students to upload these course materials for others students, but the materials are delayed and unorganized. It has hundreds relative files for one course, and many of them are insignificant. It will take a great amount of time for students to find the information they want. In addition,...
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...Consulting Case Memo -- Outline Executive Summary While this section appears first, it should actually be the last thing you write. * The executive summary should be no more than one page. * Executive summaries are not “introductions.” They do not provide background. * Everything discussed in the executive summary should be explained in greater detail in the body of the memo. * If the only thing someone reads is your executive summary, your reader should have a good understanding of the problem, your proposal, the most important cost(s), and the most important benefit(s). Problem Statement Identify the problem in business terms. State clearly why the owner, president, or CEO should care about addressing the problem you’ve identified. Proposed Solution Identify the one most important action the company or organization needs to take to address the problem. Be as specific as possible in describing your solution. Costs of the Proposal Be as inclusive as possible when thinking about costs. Consider things like opportunity costs and the impact of the proposed change on the organization’s culture in addition to the more obvious financial costs. Identify every possible objection to your proposal. Why hasn’t the company already taken this step? The quickest way to have your recommendation rejected is to hear an objection to which you must reply, “I hadn’t thought of that.” Benefits of the Proposal How will your specific proposal address the problem you’ve...
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...Chapter 7 was about crime. We only did a simple comparison of criminal cases v. civil cases. We skipped Chapter 8 and went onto Chapter 9, which introduced contracts. We discussed the definition of a contract and the sources of contract law. Article 2 of the Uniform Commercial Code for sales of goods, common law for other contracts, and the United Nations’ Convention on the International Sales of Goods are the sources of contract law. The elements of a contract were introduced. These elements were agreement, consideration, capacity, and legality. We classified contracts as bilateral v unilateral, valid, void, voidable, enforceable v. unenforceable, express v. implied, executed v executory, and formal v. informal. These topics were the basis...
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