... Weighting: The assignment is worth 20% of your final mark in this subject. 2. Due Date: The assignment is due and must be submitted latest by 4:00 pm on Monday, 15 September, 2014. 3. Questions: You must answer all questions. 4. Type: This is a common law problem-solving assignment, and as such, you are not required to discuss any legislation. The IRAC guide to answering problem questions is the format adopted for this assignment. It has been set out for you. You should cite relevant case authorities (cases) to support your answers. 5. Presentation: Your assignment must be typed with double spacing and wide margins. Size 12 font must be used. 6. Referencing: You must reference your work appropriately using footnotes. The Short Guide to Legal Citation available on LMS contains information on footnote citations. No bibliography is required. 7. Word Limit: The word limit is 1,500 words, including footnotes. You must provide the word count on the front page of your assignment. 8. Cover Sheet/Statement of Authorship: Your assignment must be accompanied by a cover sheet available on LMS. You must complete all the details required on the cover sheet including your tutor’s name and seminar time, and your name and student number. You must sign and date the cover sheet. 9. Submission: You must submit both a hard copy and an electronic copy of your assignment: a. Electronic submission (Turnitin): You must upload an electronic copy of your assignment unto LMS via the assignment submission...
Words: 1581 - Pages: 7
...ANSWERING A LEGAL PROBLEM: THE ‘FIVE STEP’ PLAN WHAT YOU NEED: • KEY FACTS • RELEVANT ISSUES • KEY LEGAL PRINCIPLES • APPLICATION OF THE LAW TO THE FACTS • TENTATIVE CONCLUSION WHAT TO DO: 1) Identify KEY FACTS of the problem Unlike judges, when you answer a problem or case study you do not need to summarise the facts of a problem. What you should do is identify the key facts. 2) Identify RELEVANT ISSUE of the problem From the key facts, you should then be able to identify the relevant issues in the problem you are considering. 3) Identify KEY LEGAL PRINCIPLES Once you have worked out the issues, ask: (a) does a statutory provision apply to this situation and, if so, does it provide a specific answer to the problem? AND (b) are there any cases which have dealt with a similar fact situation/legal issue to the one you are considering? You should provide the name/section of any relevant legislation and the names of any relevant cases in your answer. Note similarities to (follow) or differences from (distinguish) prior cases When reading a problem it is a good idea to jot down the names of cases that you have studied, where the facts/legal issues were similar, if not identical to the ones in the problem you are considering. Often the facts of a problem may be similar to but a little different to those in a decided case. Think about whether any factual differences matter. Whether or not any differences matter will depend...
Words: 707 - Pages: 3
...war crimes, genocide and torture. However, Fuller thought that there were important aspects of misrule by the Nazis that needed special attention by jurists and legal philosophers. He said that continuous violations of principles of legality...
Words: 2253 - Pages: 10
...Ethical Principles and Issues within Addiction Counseling Jennifer Spivey Liberty University Abstract Addiction counselors have many ethical and legal considerations in when providing services to substance abusers. There are ethical principles that including justice, autonomy, nonmaleficence, beneficence, and fidelity. Along with these principles there are federal and state regulations when providing services. As an addiction counselor there should be ethical guidelines to follow with informed consent, compensation, confidentiality, and collection and protection of data. Furthermore, addiction counselors must avoid coercion, provide alternative treatment options, protect vulnerable clients, and select representative participants for addictions research. The ultimate goal of addictions counseling is to benefit the clients and society as a whole. Keywords: ethical, principles, addiction, counselor Introduction There are many counselors that are faced with ethical issues on a regular basis. These issues are intensified for an addiction counselor. There are a number of reasons for ethical issues for addiction counselors. One is that there is a high correlation between addiction and criminal activity. There is also the concern that ethical issues such as informed consent can be complicated by problems arising out of substance abuse. The counselor’s ability to cope with these and other issues is dependent, to a large degree, on their ability to weigh up the inherent risks...
Words: 2854 - Pages: 12
...July 18, 2010 Professional Ethics Paper The purpose of this paper is to describe the relationships between legal and ethical issues, identify personal values and professional ethics, examine ethical theories and principles, and apply these to current practice examples. Nurses face an ever-growing complexity within their practice as professionals. Understanding the relationship between legal and ethical issues and how to apply that understanding to every day practice is paramount for today’s professional nurse. This paper will further explore these ethical theories and principles while discussing how personal values affect an individual’s nursing practice. The Relationship Between Legal and Ethical Issues Nurses, as with any job, face challenges in order to accomplish the tasks of their role. This is one of the reasons that it is important to have a description that serves as guidance as to how the role is to be accomplished. Without such guidelines, it is likely that there will be a breach of established rules along the way to performing duties and accomplishing the job duties. In situations where one person exercises authority over another, there are important guidelines that define relationship between the two parties. Legal and ethical principles define how a job is to be carried out and how individuals are to relate to one another. Legal and professional ethics define the liability of the person that is entrusted with accomplishing a certain task. They...
Words: 2093 - Pages: 9
...Professional EThics Professional Ethics Legal and ethical issues are frequently encountered in the health care setting and present unique challenges to health care professionals. Practicing nurses need to be knowledgeable with these concepts to ensure patient’s rights. In this paper, the author will describe the relationships between legal and ethical issues. In addition, the author will identify personal values and professional ethics and examine ethical theories and principles. Examples of applications of legal and ethical issues to current practice will also be provided. Relationships Between Legal and Ethical Issues “Ethics is the branch of philosophy concerned with evaluating human action” (Guido, 2010, p. 3). It is based on the principles of right and wrong and provides structure to behaviors and actions. Ethics are closely intertwined with morals and values. Morals are “personal principles that are acquired from life experiences, family and peer relationships, religion, culture, and the law” (Guido, 2010, p. 3). Values are “personal beliefs about the truths and worth of thoughts, objects, or behavior” (Guido, 2010, p. 3). Therefore, ethics are subject to an individual’s personal interpretation. In contrast, laws are rules and regulations established by some authority and enforced by judicial decision (Dictionary.com, 2011). The legal system governs actions and behaviors without regard to personal values, beliefs, and views. Laws are constantly evolving to...
Words: 2080 - Pages: 9
...Law and Ethics in Health Care Laws and ethical principles are essential for protecting the mankind, and they play a crucial role in the practice of health care. Laws and ethics play a vital role in cases such as organ donation, human genetics, and HIV/AIDS and confidentiality. The health care issue I selected for discussion is HIV/AIDS. In the case of HIV/AIDS patients, there is always ethical conflict of protecting the confidentiality of patient and disclosing the information to others about the risks of the disease. Salient Ethical and Legal Concerns Associated with HIV/AIDS As described by Pozgar (2013) one of the legal issues is the association between blood transfusion and HIV. Law suits often arise when a person with AIDA claims that he or she contracted the disease due to the administration of contaminated blood (Pozgar, 2013). Lawsuits commonly arise when there is transfusion of mismatched blood, improper screening, and improper storage procedures (Pozgar, 2013). Since May 1985, all blood donated in the United States are screened for HIV antibodies and even then patient’s may claim that they contracted the disease due to transfusion. Another legal and ethical issue is whether to allow the AIDS infected surgeons to perform surgeries. Pozgar (2013) described that the transmission of the virus from an infected surgeon to a patient is unlikely, but there is still a possibility. There is an ethical dilemma whether to allow these surgeons to perform surgeries...
Words: 942 - Pages: 4
...required. But the basic fundamentals are still the same: a well-structured piece of work that leads the reader through a discussion of a particular problem or issue. There should be an introduction, a body and a conclusion. Inevitably, either you will be required to put up arguments for hypothetical parties dealing with a hypothetical business problem or you may be asked for your view about a particular legal issue. It is essential that you base your arguments and views on legal principles and cases and thus reliance on what others have written is necessary. This guide attempts to provide you with some assistance in writing and referencing law academic papers. Some basic resource materials are also noted. [NB: This guide is a starting point only.] There are two types of Law Academic Papers Students who take the Business Law Major will inevitably be expected, at some stage, to answer at least two different styles of legal questions: legal case studies and essays. Legal case studies These are questions based on a set of hypothetical facts. The purpose of legal case study questions is both to engage you in problem solving and to consider the issues relevant to risk management. In particular, case studies test your ability to complete an IRAC analysis of the question. This analysis proceeds as follows: Issues • Identify a problem that has occurred for one or more of the parties. That is, what has gone wrong? Who has suffered?...
Words: 1487 - Pages: 6
...English, import and export laws, international sale of goods, principles of civil law and necessary basics of legal knowledge relating to contract , maritime transportation, insurance, corporate law, partnership, and agency. STUDENTS Law school students LECTURING HOURS 40 hours TUTORING HOURS By appointment during Monday mornings 9AM-12AM and Wednesday mornings 9AM-12AM in the professor’s office. LECTURER’S INFO – Dr. Phil Cameron Office venue: A201 Office telephone:+86 (21) 6770 3307 E-mail:philcameron@shift.edu.cn COURSE DESIGN This course focuses on integrating the laws, rules and legal principles for the international trade of goods, including practical lawyering skills, business procedures, identifying risks, managing problems, and creating resolutions for common legal issues. OBJECTIVES A. To understand the basic the laws, rules and legal principles for the international trade of goods, as well as, develop some practical lawyering skills B. To cultivate academic quality and business skills, such as: 1) the ability to examine and resolve legal issues resulting in practical business solutions, along with the application of legal theory 2) an understanding of the rational, moral and jurisprudence basis of relevant rules as applied to current legal matters, and also, to examine the reasonableness and practicality of international business rules. C. To acquire practical skills and techniques for solving simple legal problems. 1 LECTURE STYLE AND STUDENT REQUIREMENTS A....
Words: 1009 - Pages: 5
...Ethical Health Care Issues Paper HCS/545 May 22nd, 2013 Mary Nell Cummings University of Phoenix Ethical Health Care Issues Introduction There are many ethical health care issues that are currently affecting our society. One of the current healthcare issues that are affecting our society is blood transfusion, the ability to receive medical treatment. This issue affects our society because it enables patients to receive blood transfusions in many situations that can save lives. Many reasons behind blood transfusions are done for injury, major surgeries and related blood disorders. In this paper, we will discuss the importance of blood transfusion and reasons why it is a current ethical health care issue. The four major ethic principles will be used to evaluate and apply reasons to this issue. Blood transfusion is a medical treatment that replaces blood loss during serious injuries, surgery, disease, lack of blood due to blood disorders and illness (Torphy, 2012). Blood donated comes from another person and used for transfusions. Patients who have illnesses and common blood disorders are highly recommended to have blood transfusions to replace missing blood and to help treat the disease. Blood transfusion transfers 40,000 units of blood using blood transfusion daily (Torphy, 2012). Transfusions are very safe and used often. With blood transfusions, risks can occur when hemolytic transfusion reaction to blood given that is not compatible with the patient’s...
Words: 1058 - Pages: 5
...Accredited Tertiary Courses Listing 2012 Accredited Tertiary Courses Listing 2012 – as at 26 September 2012 1 2012 Accredited Undergraduate Courses AUSTRALIAN CAPITAL TERRITORY The Australian National University University of Canberra NEW SOUTH WALES Australian Catholic University Australian Institute of Higher Education Avondale College Charles Sturt University Kings Own Institute Macquarie University Southern Cross University Top Education Institute The University of New England The University of New South Wales The University of Newcastle The University of Sydney University of Technology, Sydney University of Western Sydney University of Wollongong Williams Business College NORTHERN TERRITORY Charles Darwin University QUEENSLAND Australian Catholic University Bond University Central Queensland University Christian Heritage College Griffith University James Cook University Queensland University of Technology The University of Queensland The University of Southern Queensland University of the Sunshine Coast SOUTH AUSTRALIA Flinders University Kaplan Business School The University of Adelaide University of South Australia Open Universities (conferred by Uni of SA) TASMANIA University of Tasmania VICTORIA Australian Catholic University Cambridge International College Carrick Higher Education Deakin University Holmes Institute Holmesglen Institute of TAFE La Trobe University Melbourne Institute of Technology Monash University Northern Melbourne Institute of TAFE RMIT...
Words: 16200 - Pages: 65
...Vanessa W. Assignment 1 Department Training Series: Common Law Traditions and Sources of Law This training series will introduce you to the basic rules of law. Businesses face many legal issues that require the help of business persons “to prevent avoidable legal situations.” So it is important for business professionals to have a strong working knowledge of the laws that pertain to their type of business to ensure that their company is always in compliance. Thus, it is important to understand how and where to find the law in order to stay abreast of amendments as they are enacted. This series will serve to equip you with a basic knowledge of the rules of law applicable to business situations (Week 1 Lecture). Today I will focus on the common law, sources of American law, the importance of precedent to the judicial decision-making process, and equitable and legal remedies. In 1066 England the king’s court established a set of standardized rules for the country. This was the beginning of common law. “These rules applied throughout the entire English realm,” (Miller, 20011, p. 7). They then became a part of the legal system of all former colonies of England and the United States (Miller, 2011, p. 7). Common laws aren’t necessarily permanent laws of the books. They can be changed through state legislatures enacting statutes. Courts are able to turnover state statutes, as well, if they are found to be unconstitutional. This works to maintain a balance between the...
Words: 1230 - Pages: 5
...countries. Microsoft©, Windows©, and Windows NT© are registered trademarks of Microsoft Corporation in the United States and/or other countries. All other company and product names are trademarks or registered trademarks of their respective companies. Use of these marks is not intended to imply endorsement, sponsorship, or affiliation. Edited in accordance with University of Phoenix© editorial standards and practices. Course Description This course prepares students to evaluate the legal risks associated with business activity. Students create proposals to manage an organization’s legal exposure. Other topics include the legal system, alternative dispute resolution, enterprise liability, product liability, international law, business risks, intellectual property, legal forms of business, and governance. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies:...
Words: 2508 - Pages: 11
...for the maintenance of a baby.’ Peter Pain J (II) Introduction ‘Wrongful Birth’ and ‘Wrongful Life’ are issues caught in a ‘legal quagmire’, as they exist between realms of purist legal principles and heated public policy debate. Much like the social taboos of abortion and euthanasia, at their core, they raise questions as to the value placed on human life. Moreover, this ‘value’ is represented by two sides of the coin in addressing the intangible ‘blessing’ of conception and existence, against the real fiscal burdens involved in adequately raising a child. In recent years several major cases have come before English and Australian courts to address issues in this field; however decisions have been far from unanimous, leaving the law in a state of ambiguity. This paper attempts to provide a line of clarity in respect to the developments of legal principles and public policy on these issues, by closely examining relevant case progression and wider academic debate. (III) Development of the ‘Birth Torts’ Unfortunately, the labels of ‘Wrongful Birth’ and ‘Wrongful Life’ are contentious even in their very existence; however it is critical to establish that ‘what is ‘wrongful’ is the negligence, not the birth’. Both issues refer to cases of medical negligence and as such it is necessary to debunk the clear legal principles from the fraught moral aspects of this issue. Negligence is a fairly simple equation in purity; requiring firstly an assessment of whether a duty of care...
Words: 1829 - Pages: 8
...Enforcement and Administration 4 Paper 2: Section A – The Market: the transfer of goods or the rendering of 4 services for cash or on credit terms. Section B – The Workplace: the legal relationship between 4 employers and employees. Section C – The Family: the family relationship arising from 5 marriage or cohabitation. Section D – The Criminal Offender: the essential nature of criminal 5 liability and the study of particular crimes. Section E – The Individual; civil liberties and rights under private law. 5 General Marking Bands 6 Textbooks 8 Contact details 10 Advanced Level Law 9345 This subject may be taken at the May/June examination only. Introduction This syllabus provides a satisfying course for those who will end their study of Law at this stage, and lays a secure foundation for those who will continue their studies in this or related subjects. It enables candidates to develop a knowledge and understanding of legal rules and institutions and an appreciation of the function of law in society. It also encourages candidates to develop the skills necessary to appraise and criticise the application of legal principles across different branches of law. Aims The syllabus aims to: 1. provide a sound understanding of the nature of law. 2. give an appreciation of the role of law in society. 3. demonstrate...
Words: 2855 - Pages: 12