...need for proper defense. Thus, debates have often been held on issues such as the lawyer’s duty to reveal the truth, the advocate’s role in an adversary system and the conduct of the attorney in fulfilling his role as an advocate. Proponents of such arguments have often mentioned murder, rape, drug peddling and environmental despoliation as some of the crimes that people get away with due to the partisan zeal with which lawyers usually represent their clients (Freedman, 2005). Such arguments further demand that advocates conscientiously make judgments about what impact the client’s conduct would have on public interest thereby restraining their zeal when representing their clients (Freedman, 2005). The Adversary System The adversary system rises from the premise that in order to determine the truth and do justice in a manner that is effective, then two opposing advocates or adversaries should be pitted against each other with the responsibility of mobilizing all the relevant facts, authorities and policies on each side of the case. These are then presented to an impartial arbitrator. To achieve this adversarial role and effectively exhibit a clash of opposite views then it is necessary that the advocates take up zealous representation. The United States of America is for instance made up of Free states and uses the adversary system, whose emphasis is...
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...Assignments & Exams Course: Professional Responsibility & Legal Ethics: PLG-109-1406 Assignment: Assignment 1 (based on class 1) Although the “adversary system” used in the United States is not perfect, and is open to the judges interpretation of the law, at times subject to manipulation by rogue officers of the court, and does not always arrive at the truth, I believe that it is the best system of jurisprudence anywhere. Procedure in the adversary system in the United States is dependent upon case law and precedent from prior litigated cases. There are times when the system fails and there are guilty verdicts for innocent defendants, but as a whole, the system has stood the test of time. One can best describe the civil law system as an inquisition with both sides working together throughout the process with one goal in mind, to find the truth. One can describe the adversary system as a contest pitting adversaries against each other with one goal in mind, to win the case, and have their adversary lose the case. Although an attorney working under the adversary system of jurisprudence has an obligation to present truthful information to the courts, one has no general duty to promote truth, justice, or the other side’s interests. Again, the adversary system does not always render a result of truth, and innocent defendants may be subject to sanctions and punishments that are not equitable. Because of certain rights afforded to citizens of the United States through...
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...Part Introduction to the Law 1. 2. 3. 4. 5. 6. 7. 8. Law, Legal Reasoning, and the Legal Profession Dispute Settlement Business Ethics and Corporate Social Responsibility Business and the Constitution Crimes Intentional Torts Negligence and Strict Liability Licensing and Intellectual Property 1 Chapter 1 1. 2. 3. 4. 5. 6. 7. Law, Legal Reasoning, and the Legal Profession LO Learning Objectives After you have studied this chapter, you should be able to: Identify the basic functions of law. List the various sources of law. Analyze a case using the four steps in the process of legal interpretation. Make a legal decision by applying the three-step, stare decisis process. Explain how law is able to change despite of stare decisis. Read a judicial decision and identify which school of legal jurisprudence the judge has followed. Explain when the attorney–client privilege and work product privilege arise and when they are lost. Jennifer regularly smoked marijuana and crack cocaine throughout the duration of her pregnancy. While she was in labor, she used rock cocaine. After the child was born with an addiction to cocaine, Jennifer was charged with violating a state law that provided: “It is unlawful . . . to deliver any controlled substance to a person under the age of 18 years.” The state asserted that Jennifer “delivered” cocaine to her child via blood flowing through the child’s umbilical cord in the 60- to 90-second period after the baby was expelled...
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... Public relations practitioners, by nature of their position and job responsibilities, are often in a crossroad of a range of competing interests. Often, the tension may be between the practitioner’s own values and the culture of the organization. In other cases, it may be a conflict between the practitioner’s professional code of ethics and organizational norms and expectations. In yet other circumstances, they may be faced with competing interests between the organization and its various publics. At the very least, practitioners will frequently confront contradictions between business demands for economic performance and public expectations for ethical conduct. Concerns over these competing responsibilities and the ethical dilemmas they produce for public relations are the subject of this essay. In it, a range of challenges faced by public relations practitioners related to issues of ethics and corporate social responsibility (CSR) are explored. It is argued that CSR has, in many respects, altered the expectations and demands placed on the profession. As a profession, public relations have a long and contested relationship with ethics and more recently with corporate social responsibility (McBride 1989, pp. 5-20). Nevertheless, public relations has been regarded as a young profession that lacks core principles to guide ethical, responsible practices that cut across organizational and cultural boundaries (Olasky 1985, pp. 43-49; Rampton & Stauber 2001; Stauber & Rampton...
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...monitor every aspect of what employees do in the office environment, from email, surfing the Internet to phone conversations. Federal and state laws specifically address an employer's right and ability to monitor, save, record, access, or otherwise conduct surveillance of employees' use of company electronic communication resources and systems. Generally speaking, if an employer complies with the notice and consent requirements under these laws, and writes and distributes policies consistent with the laws, it will be difficult for employees to show a reasonable expectation of privacy in using company-owned electronic communication systems. But there are specific laws, rules, and regulations which grant certain employee privacy rights within the workplace. These laws govern Personnel records, social security numbers, monitoring and eavesdropping, medical records, drug testing, and background screening. Employees generally have a right to privacy in their personnel records, with exception of a few specific circumstances. This means that employers are generally not permitted to disclose personnel records of an employee to third parties without a legal obligation to do so or written consent from the employee's. The right can be found in state statutes, codes, or by judicial case law. Also, employees in most states have the right to request access to their personnel files upon proper notice. The next area where an employee can expect reasonable privacy in the workplace deals with...
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...that area. A. The Special Need For Undercover Operations against Lawyers and Judges There is surely no need to belabor the importance of integrity in the administration of justice, or the necessity to pursue any corruption vigorously. At the same time, we must recognize that undercover operations directed against lawyers and judges, if inadequately controlled, could have an even more severe impact on the administration of justice than whatever corruption exists. 1 . Monroe H. Freedman is Professor of Law and former Dean of Hofstra University Law School. He has testified on several occasions before the Judiciary Committees of the United States Senate and House of Representatives, and has qualified as an expert witness on lawyers' ethics in federal and state proceedings,...
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...preserving the nature is reflected in the US and many other countries legal system. The laws are not...
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...Third Party Conflict Resolution January 17, 2013 Third Party Conflict Resolution In the negotiation process, the use of third-party conflict resolutions often comes into play when parties cannot seem to reach an agreement regarding resolving mutual interests. These types of third-party conflict resolutions are: arbitration, collaboration, litigation and mediation. For the Seatcor Manufacturing Company, the use of third-party conflict resolution is necessary. The researchers of Team A have reported collaborative ideas of this case by (1) analyzing the possible intervention strategies, (2) applying what is thought to be the best strategy, (3) explained how the best strategy should resolve the conflict, and (4) developed a contingency plan in case the best strategy does not work, or is rejected. Intervention strategies Possible intervention strategies include negotiation, mediation, arbitration, litigation, collaboration and hybrids. Two types of hybrid intervention strategies are mediation – arbitration and arbitration-mediation. • Negotiation - There are four elements to the negotiation process, which include managing interdependence, engaging in mutual adjustment, creating or claiming value, and managing conflict. Negotiations consist of two or more parties be that individuals, groups, or organizations. A conflict of needs and desires exist between parties and the parties chose to negotiate. Parties expect a “give and take” process that is fundamental...
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...The Uses and Abuses of Agency Theory in Business Ethics The spectacular corporate scandals and bankruptcies of the past decade have served as a powerful reminder of the risks that are involved in the ownership of enterprise. Unlike other patrons of the firm, owners are residual claimants on its earnings.1 As a result, they have no explicit contract to protect their interests, but rely instead upon formal control of the decision-making apparatus of the firm in order to ensure that their interests are properly respected by managers. In a standard business corporation, it is the shareholders who stand in this relationship to the firm. Yet as the recent wave of corporate scandals has demonstrated once again, it can be extraordinarily difficult for shareholders to exercise effective control of management, or more generally, for the firm to achieve the appropriate alignment of interests between managers and owners. After all, it is shareholders who were the ones most hurt by the scandals at Enron, Tyco, Worldcom, Parmalat, Hollinger, and elsewhere. For every employee at Enron who lost a job, shareholders lost at least US$4 million.2 Furthermore, employees escaped with their human capital largely intact. Creditors and suppliers continue to pick over the bones of the corporation (which still exists, under Chapter 11 bankruptcy protection, and continues to liquidate assets in order to pay off its debts).3 But as far as shareholders are concerned, their investments have simply evaporated...
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...Year 12 Legal Studies Notes Focus Study: Crime Key Legal Concepts and Features of the Legal System Crime - a violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties Types of Crimes Offences against the person Offences against the person are defined as acts that intend to cause harm or injury to the victim Homicide Definition: is the unlawful killing of one person by another * Murder is the killing of one person by another “with malice aforethought”(mental component) * Manslaughter is the killing of someone in circumstances less culpable than murder. (generally given a lighter sentence than for murder) Degrees of awareness | Murder | Voluntary Manslaughter | Involuntary manslaughter | Non-criminal Killing | Intention to killReckless indifference of life Constructive murderDeath during intention to commit grievous bodily harm | Where the intention to kill or cause the act is mitigated by other factors, such as provocation or diminished responsibility | Non-reckless indifference to life or manslaughter by criminal negligenceReckless indifference to grievous bodily harmManslaughter by an unlawful and dangerous act | Death by non-criminal negligenceDeath by an unlawful act that is not dangerousAccidental deathSelf-defence | Stats: Murder: * In 2001 of the 340 homicides in Australia, 306 were murder * Maximum penalty is life imprisonment ...
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...management field. The Army defines Knowledge Management simply by stating: Knowledge management is a discipline that promotes an integrated approach to identifying, retrieving, evaluating, and sharing an enterprise’s tacit and explicit knowledge assets to meet mission objectives. The first thrust of AKM was framed in a series of five goals that defined a very high-level strategy. That was followed by a strong push for the establishment of communities of practice, the promotion of knowledge management education, and then naming a chief knowledge officer (CKO). After a series of interesting accomplishments during the first few years of AKM (e.g., creation of multiple communities of practice, launching the Battle Command Knowledge System (BCKS), establishing an Army Knowledge Leaders program, and tasking the Army’s Training and Doctrine Command [TRADOC] with KM education), there was some...
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...Ethics and Professional Responsibility Study Unit By Michael Wilson, Esq. Reviewed By Brian Bastyr, Esq. About the Author Michael Wilson is a freelance writer and college instructor who has had wide legal and educational experience. He graduated with his Bachelor of Arts degree in English from the University of Kentucky in 1976 and three years later received his law degree from the same school. He has been a partner in a law firm, a solo practitioner, and has done work in General and Family Mediation. He has also been a fulltime instructor in Paralegal Studies at Sullivan College, Lexington, KY, where he has taught such classes as Legal Research, Advanced Legal Writing and Appellate Practice, and Wills and Estates. He was given the “Teacher of the Year” award in 1997. Mr. Wilson has also had a number of papers published on legal topics in both scholarly and popular journals. About the Reviewer Brian Bastyr is a senior attorney editor for West Group, a legal publishing company. He earned a bachelor’s degree at the University of Illinois, and a Juris Doctor from the University of Illinois College of Law. He is currently a member of the Illinois bar, and has published a number of articles in legal journals. All terms mentioned in this text that are known to be trademarks or service marks have been appropriately capitalized. Use of a term in this text should not be regarded as affecting the validity of any trademark or service...
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...Stay True Travel Staying True to You™ Final Strategic Plan BUS475 Week 5 Professor Dhillon February 14, 2012 Stay True Travel Staying True to You™ Final Strategic Plan Introduction Being a successful business, or corporation, is composed of more than simply having the best logo, slogan, or advertising campaigns, but rather it is about how each individual aspect of an organization is constructed and built from the ground up. With money being tight, budgets shrinking, and uncertainty with job security, for businesspersons and families alike, the tourism industry has had to truly redefine itself and adapt to continue to be sustainable. Travel and lodging has become more than a small room, an uncomfortable bed, continental breakfast, and a free morning paper that it once was. Now, clients seek personalized service, lavish design, and a unique ambiance wrapped up into an affordable package and a uniquely tailored experience. Travel agencies are beginning to face rash decisions with their outdated marketing campaigns, untrendy travel destination partnerships, and ultimately losing clientele because they can no longer do the one, single-handedly simple thing that all travelers wish for: being heard and having their individual wants and needs met without hesitation. Although it may seem as if there are no adequate travel agencies to turn to that can and will meet all needs and wants of the everyday traveler, there is indeed one agency that will not let its clientele...
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...ISRAELI TARGETED KILLINGS Sarah Arrasmith INTL 614 - Assassination October 25, 2014 "Consequently, today's threat is just a real from seven thousand miles away as it is from ten feet away," Michelle Mallette-Piasecki, Albany Law Review, 2013. In 1995, Yahya 'Ayyash, otherwise known as "The Engineer," and an expert terror planner for Hamas, answered his last phone call. The Israelis had laden the phone with explosives and detonated while he was carrying it ( Luft, 2003, 2). In that same year Fathi Shiqaqi, the spearhead of the Palestinian Islamic Jihad, who had organized several suicide bombings against Israelis, received fatal gunshot wounds by Mossad, the often mythical Israeli Intelligence (Luft, 2003, 2). These were not the first nor last targeted killings performed by the State of Israel yet are signatures of Israel's propensity and tenacity to not fall victim to terror attacks. The history of violence and threats inflicted by terror groups and nations against the state of Israel has lead to Israel's development of tenacious military and intelligence capabilities. Due to its geopolitical disadvantage, Israel must utilize aggressive and resilient tactics against terror groups, state, and non-state actors. Are targeted killings a necessary resort? Are other enforcement and intelligence strategies just as effective? Israel has propagated targeted killings as effective and credits this action with saving more lives of the innocent while reducing terrorist incidents...
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...respect to socioeconomic status, foreign reform, as well as the differences in ethics and religions. Multiculturalism can have an effect in any institution of culture whether it involves government, education, economics, religion, or family. For the purpose of this paper we will focus on strategies and situations many businesses will face. Culture will be defined as “the pattern of shared beliefs and values that give members of an institution meaning, and provide them with the rules for behavior in their organization” (Shafritz, Ott & Jang, 2011, p. 364). We will discuss why the need arises for a business or organization to expand or change their ventures to another vicinity outside of their native culture; what problems can occur during the transition of moving from one culture to the next; and the benefits behind using multiculturalism. Multiculturalism today is met with the demand of the economy on a global scale. Capitalism or the pursuit of profits is a driving factor for businesses to relocate in the hopes of achieving higher margins in profit. The stakeholders, those who have vested both time and resource into a business or organization are persistently pushing businesses for higher profits. Businesses must consider what barriers are necessary to break down in both their country and the one they are considering to expand inside. “In the modern structural, organizational economics, and systems/environment theories of organizations, organizations are assumed to be rational-utilitarian...
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