...Statement of Facts There was a wave of seemingly related murders ravaged the area of Flagstaff, Arizona. On March 14, 2009, Stewart retained the services of Careful and Cautious, LLP, during the initial consultation; Stewart told James Careful the following: “Well, Mr. Careful, the truth is that I’m behind the six recent murders in the area. I’m really a good guy and I hate to kill people. But sometimes, I just can’t help myself. I don’t want to continue killing people but these voices in my head… they’re just so logical and irresistible.” James Careful then contacted the local police and reported his conversation with Stewart. Stewart was arrested for capital murder. At trial, James Careful testified against him. Careful related the entire March 14 conversation to the jury. Stewart was eventually found guilty of six counts of capital murder and was sentenced to death. Issue The issue is whether or not Stewart can petition for a writ of habeas corpus and whether or not Mr. Careful violated the attorney-client confidentiality privilege. Rule The ABA Model Rules of Professional Conduct (ABA MPRC) has changed the landscape of attorney-client relations by creating an exception to confidentiality. Under the MRPC Rule 1.6(b) (1) a lawyer may "reveal" or "use" confidential information "to prevent reasonably certain death or substantial bodily harm.” McClure v. Thompson, 323 F.3d 1233 (9th Cir. Or. 2003) Petitioner sought habeas corpus relief pursuant to 28 U.S.C.S. § 2254 after...
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...Ethical and Legal Responsibilities Jaconda Williams Bauder College What are the ethical and legal issues in this case? Include the nurses’ ethical and legal responsibilities. The case of patient Patricia Newman is a complex situation involving ethical and legal issues. An ethical issue that the family is facing is the sudden onset of illness with their mother. Ms. Newman was initially hospitalized for pneumonia when she suddenly had a hemorrhagic stroke. As suspected the patient’s family received the news with mixed emotions and could not agree on a treatment plan. Ms. Newman’s son wanted his mother to be resuscitated in an attempt to save her live. The daughter on the other hand believed her mother had suffered enough and a “do not resuscitate order” (DNR) should be initiated. However, the patient seemed to not have an advance directive or a power of attorney. The patient apparently did not have a DNR written at the hospital and was not conscious to make the decision. In cases where the families cannot agree can make things difficult for the patient, family, and hospital staff. Both children have valid reasons for the treatment they chose for their mother. Legally the patient has the right to have care until the time of death. Canada did a research that involved about 25 physicians (Alexandrov, etc., 1996). In this research many of the doctors agreed that DNR orders are appropriate when at least two criteria are present. These criteria include severe stroke, life threatening...
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...Corporate Governance and Legal Responsibility Melanie Green Law, Ethics, and Corporate Governance (LEG 500) August 8, 2012 Corporate Governance and Legal Responsibility Research Paper Dr. DoRight is the President of the “Universal Human Care Hospital” where he has a responsibility to oversee all departments with over 5,000 employees and over 20,000 patients at the medical facility. Dr. DoRight has discovered that some patients within the hospital has been dying as a result of illegal procedures by doctors and nurses, and negligent supervision and oversight on their part. When this issue was brought to Dr. DoRight’s attention during a few meetings, the President discussed the issue with his Regional Director Compliance Manager and Executive Committee in January 2009.The Regional Director Compliance Manager and Executive Committee explained to the President that the matter would be investigated and any issues would be reported immediately. Two years after the matter has been reported there still hasn’t been any results from the investigation and patients continue to pass away due to negligent activities. However, Dr. DoRight continues to win awards based on his leadership within the hospital and he holds the title of “2011 Medical Business Executive of the Year”. The hospitals performance and negligence has caused several damages within the institution. Employees and/or officials have not been properly fulfilling their duties as care providers resulting...
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...Personal Responsibility Tim Sisson GEN 200 March 24, 2012 Virginia Mapes Personal Responsibility What is Personal Responsibility? Personal responsibility is defined by Merriam-Webster (2012), as: “Responsibility: the quality or state of being responsible; as moral, legal or mental accountability.” This definition can take on many annotations. It is my opinion in regards to this paper that Personal Responsibility is what makes up a person’s ‘moral fiber’. It is the ability to make decisions based on what a person feels is right or wrong. It is that little voice in the back of a person’s head that guides them when life presents choices and challenges. Those who possess Personal Responsibility tend to make wiser choices and decisions in life. These wiser decisions are made for the fact that they know that they will be held accountable for their actions. Personal Responsibility is the hallmark of success in all aspects of a person’s life. It is that individual who makes the wiser decisions in life that will tend to be more successful in life. Individuals have the choice to make right and wrong decisions in life. Galindo (2010) states “It is their morals, ethics, and personal responsibilities that guide them through life in their decision making process.” A persons ‘moral fiber’ is defined by how they make those decisions. Will the individual be responsible and make the right decision or will he possibly make an easier, less responsible choice? Is the thought...
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...What does one’s responsibility to America look like? Is one’s responsibility to sit around at a desk all day, or to protect and serve the American civilians? As the years go on, responsibilities among people change. Not every person has the same responsibility. My responsibility to America is to receive my education, and find a way to make America a better place for all to live. As the years go on, gender roles within America start to change. Looking back into the early 1900’s, a woman's responsibility was to have kids, stay home, cook, clean, and take care of the kids. A man’s responsibility was to go out and do all the dangerous jobs. The male would work to earn money so he could buy food, and other necessities needed. In today’s world,...
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...Personal Responsibility and College Success Gen 200/Version 3 April 1, 2013 Abstract Personal responsibility is a value that many people have lost in their lives, especially when it comes to things of great importance like family, work, and school. The main focus of this essay is on the importance of personal responsibility in a specific setting, college, but reflecting on an even more personal level, my individual personal responsibility for college success. Applying this value to my already set standard of ethics, my studies, goals, and plan I have set up for myself is only half of the work. Personal Responsibility and College Success According to the Merriam-Webster Dictionary, the word “responsibility” can be defined as, “the quality or state of being responsible: as a: moral, legal, or mental accountability, b: reliability, trustworthiness (Merriam-Webster Incorporated, 2013).” Add “personal” in front, and the responsibility now becomes solely that of the individual. Personal responsibility is a large aspect of maturity. Acknowledging this point leads me to state that personal responsibility and college success go hand in hand, and I am personally responsible for my success or failure as a person, or in this specific situation, a student. As a student, teachers, advisors, counselors, and others of that variety provide the tools necessary, but it is my personal responsibility to use these productively and positively; I must create a plan, and be personally responsible...
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...Resources……………………………………………………………………..4 Petty Cash…………………………………………………………………………………5 Assign Passwords………………………………………………………………………5 Review and Evaluation of Internal Controls………………………………6 Purpose It is the policy of the LBJ to maintain an internal audit function as a means of providing all levels of management with information to control the operations, to provide the Board of Directors with information necessary to discharge its responsibilities and to assist management in reaching a conclusion about the overall effectiveness of the system of internal control. First, I will establish the legal requirement needed and the importance of internal controls for an organization. Then I will review the current policies and establish better internal controls for each area of concern. Once these policies have been instituted by the LJB Company, they should be ready to proceed with their plan to go public. Internal control requirements When the company decides to go public the requirements listed below will prove to be very helpful. It is the responsibility of top management to make it clear that the organization values integrity and that unethical activity will not be tolerated. This component is often referred to as the “tone at the top.” Control is most effective when only one person is responsible for a given task. There are many accounting regulations required by a public company. All accounting reports must follow the FASB and SEC guidelines. However, the newest accounting...
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...Transforming into an Adult What is an adult? In my opinion being an adult is not just getting old enough to reach the legal age. Turning 18 doesn’t necessarily mean that you are already an adult, yes you are legally considered an adult, but according to science, an adult is any organism old enough and has reached sexual maturity and be able to produce offspring,. These two definitions are what people call the “social adults” and the “biological adult”. In my own experience, the first time that I felt like an adult was when the adults in my family asked my opinion during dinner. Growing up in a predominantly Chinese family, children’s opinions are not really considered during family discussions. On that day we came from the cemetery and we proceeded to a Chinese restaurant because of some supernatural mumbo jumbo about the bad spirits and other beliefs. Everybody was doing their usual routines the adults sat together talking about politics and the like, and we the children sat together and played with our toys and with each other. Of course I, being the nosy boy that I am, was listening intently to what the adults were talking about. My father noticed me eavesdropping on their conversation, and then he asked me to tell the family what I think about what they were talking about. I remember feeling really enthusiastic as I voiced out my opinions and participated in their adult discussions. This was my first memory of being treated as an adult, a mature member of the family. ...
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...illustrate this. Consequent to this, this section will also explain the responsibilities of an organisation and strategies adopted by the firm to ensure it meets them. • Identify the purpose of different types of organisation There are numerous types of organisations and every organisation will vary to suit the needs of the individual and the business type. A sole trader is an individual who sets up, controls and provides for their own business. They may throughout time look into employing other people however the individual will be the sole owner. The sole trader will have unlimited liability and they will be the exclusive decision maker and fully reliable for any debt that may occur throughout the full business lifespan. A sole trader organisation will have strong relationships with their clients as there likely to have a smaller cliental. However being a sole trader has its disadvantages and one of them is the lack of cover if the owner is off sick or wanting holidays, which means the organisation is likely to stop trading during this time resulting in no income for the duration of this. A Partnership is an organisation which is owned by two or more individuals associated for the main purpose of the profession. The business will be running as self-employed but all partners must share the responsibility of success or failure of the business. The partners will have set up an agreement ‘Deed of Partnership – a legal document...
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...Personal Responsibility The last twelve months of my life have been a sea of change. I decided to leave my job of six years, undertake a weight loss journey and pursue a Bachelor’s degree. I thought about doing all those things year after year but never did. One day, it really hit me, my job wasn’t opening doors for me, my education was lacking and I was unhealthy. As a result my quality of life was suffering. In order to gain new opportunities and improve my quality of life I needed to take personal responsibility. In the following few paragraphs I will state my definition on personal responsibility, describe the relationship as I see it between personal responsibility and college success, and outline my plan to practice personal responsibility during my education. My Interpretation of Personal Responsibility Responsibility as defined by Merriam-Webster (2012) as “moral, legal, or mental accountability” In my opinion, personal responsibility has many facets. Personal responsibility is the ability to take care of yourself by means of being healthy, managing emotions and keeping a sound mind. In addition personal responsibility is about being accountable to yourself, your family, and your career by making decisions which are not necessarily easy but will help you in your journey to new opportunities, achieve college success and overall well-being. Personal responsibility is also about taking ownership and being accountable for your life choices and not blaming family...
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...Before the 1950s consumers had little protection in the world marketplace. On March 15, 1962, President John F. Kennedy put forth the "Consumer Bill of Rights" to help consumers recognize their rights and responsibilities. March 15 is now declared as World Consumer Rights Day! The six basic consumer rights are: 1. The right to choose. 2. The right to safety. 3. The right to be heard. 4. The right to be informed. 5. The right to a healthy environment. 6. The right to satisfaction of basic needs. The right to choose. Within reason, consumers have the right to be guaranteed that a selection of quality products and services are accessible for them to purchase at reasonable prices. It means that a consumer should have the opportunity to select the goods or services that they want to purchase. The right to safety. Consumers have the right to expect protection from hazardous products and services bought in the marketplace, particularly if used correctly for their intended purpose. Consumers have protection from the sale and distribution of hazardous goods and services. The right to be heard and the right to voice. Consumers have the right to equal and fair consideration in government policy-making situations, as well as apt treatment in administrative courts or legal communities. In other words, consumers have a right to dispute when there are problems or concerns. They have the right to speak up, to be heard, and to expect positive results. With this right, both business...
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...and keep pursuing Ralph about getting her salary on par with what it should be; in other words to “accept things the way they are” and support S&J’s policies. Jane’s second option is to leave her position at S&J in pursuit of a career that will compensate Jane with the salary that matches her responsibility and skill level; it would behoove Jane to have a job to transition into prior to leaving her position at S&J. Jane’s final and best option would be to hire a lawyer in order to file a lawsuit against S&J for violation of the Equal Pay Act established in 1963. “The Act prohibits sex based discrimination in rates of pay for men and women working in similar positions”. The fact that Bob Thomas is making more than Jane while at a lower position but similar job description is the very reason the Equal Pay Act was established; to protect people like Jane from sexist organizations like S&J. The federal government would have a major influence in this case as they are responsible for the enforcement of the Equal Pay Act. Being that Jane is a manager in the accounting department of S&J she has documented and intimate knowledge of the unfair pay situation she has been placed in; with proper legal representation Jane has a very strong case against S&J. References: Byars, L. L., & Rue, L. W. (2011). Human resource management. New York:...
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...advantages and disadvantages of three of the most common forms that may be right and profitable for the business. The three legal forms are: (sole) proprietorships, partnerships, and corporations. Sole proprietorships are owned by an individual who makes all the decisions about the business and therefore, pockets the revenue that is made. Sole proprietorships are the most common form of business that represents one individual owner with few legal responsibilities or requirements. Other advantages of forming a proprietorship is that they are easy to form, operate, and more affordable to form. Simply put, a sole proprietorship is a simple form of business; unfortunately, there are disadvantages for the individual. Some disadvantages are: the loss of tax-free benefits; the owner can be sued since the owner and business have become one; unlimited exposure to the owner; and the owner is responsible for all legal debts and issues that is accrued by the business and risk the loss of personal assets (AIU Online, 2013; Brooks, 2013). Partnerships are quite similar but different in their own way; a partnership is formed by two or more individuals. This form of business is held liable to the same reasons as a sole proprietorship and has the same advantages and disadvantages. The only different disadvantage is that each owner is separated when it comes to the legal debts and issues accrued by the business. In other words, each individual partner may be held responsible for the acts of...
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...encompasses balance and choice (Levin & Mather, 2012). Law is one of the professions that demands practitioners to make ethical decisions to avoid messing up their clients and third parties. They are required to employ American Bar Association (ABA) Model Rules of Profession Conduct throughout their professional undertakings. In the paradigm case, Justin King is involved in an accident and this has resulted to lawsuit. The circumstances surrounding the incident call for due diligence from both defendant (Justin) and his legal team. As such, there are various issues affecting this situation. The first issue is whether the ethical duty of confidentiality applies to Justin’s situation. Various laws and regulations govern a lawyer’s conduct. As indicated earlier, ABA Model of Rules of Professional Conduct is a set of principles that governs the conduct of lawyers in their endeavors. To narrow it down, rule 1.6(a) of the ABA Model Rules of Professional Responsibility states, “A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).” ABA Model of Prof’l...
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...indicating the special proceeding earlier filed. According to Anastacio, this was a deliberate act of forum shopping made by Gonzales. Initially, the commissioner found that Gonzales was indeed guilty of forum shopping for the ruling in either case would result in res judicata over the other and that he instituted the subsequent case without indicating the pending case. The commissioner ruled that Gonzales violated Canon 1 of the code for he disregarded the SC circular prohibiting forum shopping.Hence, suspending him for 1 month. However, the board of Governors of the IBP reversed the Commissioner’s recommendation and dismissed the case. Issue: Whether Gonzales committed forum shopping and thereby violating the Code of Professional Responsibility? Held: Yes. The court held that the respondent was guilty of forum shopping. Lawyers should be reminded that their primary duty is to assist the courts in the administration of justice. Any conduct that tends to delay, impede or obstruct the administration of justice contravenes this obligation. The Court has repeatedly warned lawyers against resorting to forum shopping since the practice clogs the Court dockets and can lead to conflicting rulings. Willful and deliberate forum shopping has been made punishable either as direct or indirect contempt of court. In engaging in forum shopping, Atty. Gonzales violated Canon 1 of the Code of...
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