...Medical Malpractice Statute of Limitations In this assignment we will cover the statute of limitations that govern medical malpractice. We will do such by identifying the statute of limitations placed on medical malpractice by Alabama and Massachusetts. We will discuss some of the similarities and differences between the two. The State of Alabama has very specific rules when it comes to the statute of limitations they impose on medical malpractice. In Alabama all actions against health-care providers must be filed within two years after the date of the injury occurred, or within six months of the date the injury was, or should have been, discovered. In no event may a suit be filed more than four years after the date of the act giving rise to the injury occurred. This limitations period applies to minors over four years of age. However, in the case of a minor under four years of age, that minor has until his or her eighth birthday to file a medical malpractice action In Massachusetts there are also certain statutes of limitations for medical malpractice that must be considered if filing a malpractice suit. All medical malpractice actions must be filed within seven years after the date of the act or omission giving rise to the injury with the exception of actiosn for a foreign object being left inside the body, in which case the limitations period begins to run when the plaintiff discovers or should have discovered the presence of the foreign object. For medical malpractice...
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...It is human nature to make mistakes; however, mistakes that cause harm to someone else could be considered negligence. In the case with Mr. Benson in the Neighborhood Newspaper article, a mistake was made that was irreversible. He went into the hospital to have his leg amputated, and the doctor amputated the wrong leg. The question is was the doctor negligent in his practice? Is the amputation of the wrong leg considered to be malpractice on the doctor’s part? This paper will differentiate between negligence, gross negligence, and malpractice. After differentiating between these terms, it will be determined if the doctor operating on Mr. Benson was considered to be negligent, gross negligent or was this mistake malpractice. To determine if the doctor who operated on Mr. Benson was negligent, the term negligent has to be defined. According to the Journal of Legal Nurse Consulting (2007), negligence is defined as the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation, any conduct that falls below the legal standard established to protect others against unreasonable risk of harm, except for conduct that is intentionally, wantonly, or willfully disregardful of others’ rights. In Mr. Benson’s case, the doctor would be considered to be negligent. The surgeon did not act in the same way another surgeon, in the same practice would have acted. For some reason, not all the measures were taken to ensure...
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...Assignment 1 1. A) The 4 sources of U.S. Law: -constitutional law -statutory law -administrative law -common law Common law is a law found in the decision of the courts rather than in statutes. Statutory law is the body of law enacted by legislative bodies as opposed to constitutional law, administrative law or case law. Administrative law is the body of law created by administrative agencies in the form of rules, regulation,orders and decisions in order to carry out their duties and responsibilities. Constitution law is the body of law derived from the U.S. constitution and the constitutions of the various states. B) Common law is the body of law developed from custom or judicial decisions in english and U.S. courts, not attributable to a legislature. The commom law came from the early english courts, after the Normans conquered England in 1066, William the conqueror and his successors began the process of unifying the country under the rule. The kings courts sought to establish a uniform set of rules for the country as a whole and what led to the common law. It's very important to U.S. law because it underlies judge's decisions in legal controversies. 2.) The key objective of a company is the marketing's part to develop a satisfying relationship with the customers, and both the customer and company benefits from. Providing outstanding business ethics, which constitutes right behavior, fairness, justness, and rightness. Marketing professionals have a duty to act honestly...
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...This land had been enclosed by a fence for more than 50 years. The Garber’s ownership of this property for more than 10 years establishes a statutorily prescribed period of time. The fence established an area that was used to graze cattle and produce hay. Therefore, the Garber family established actual and exclusive ownership of the property. The land was physically occupied and used by the Garber family. The use of this land was continuous and uninterrupted during the time before the Doenz family acquired the adjacent property. Although the Garber’s had not been paying taxes on the land they acquired, this does not void the claim on adversely possessed land. Therefore the Garber’s have acquired the title through the adverse possession statute legally. Conclusion . The adverse possession requirements are met by the Garber family, therefore the Doenz family did not act ethically in the removal of the fence as they did not own the title to that land. The Garbers have acquired the land between their property line and the fence through adverse...
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...settling disputes as well. According to “The Role And Functions Of Law In Business And Society” (2013), “Other functions of law include; peacekeeping: checking government power and promoting personal freedom; facilitating planning and the realization of reasonable expectations; promoting economic growth through free competition; promoting social justice; and protecting the environment.” Commerce would likely collapse if we did not have these laws to govern actions of people and businesses. Laws are broken down into a variety of different types. The different types are constitutions, common law, statutes, executive orders, ordinances, and treaties. A constitution law is the overriding law. This establishes if a certain law will be federal or state. Common law is based on previous court decisions. This law helps lawyers determine the best course of action to take when given a case. Statute law is enacted by elected representatives. Treaties are contracts between two states or countries. These are very common for our Armed Forces when serving overseas. An ordinance is a law between counties or municipalities and executive orders are laws...
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...Make out a case against the adoption of codified constitution for the UK A constitution is a system of rules which describes the structure and powers of the government, the relationship between different parts of government and the relationship between government and citizens. The UK has a un-codified constitution which means it is not written out in one single document. Unlike codified constitutions which are, such as the US constitution. There are many arguments against the idea of a codified constitution. One argument is that codified constitutions are considered inflexible, because higher law is more difficult to change than statute law. It’s easier to introduce an act of parliament than to amend a constitution. The UKs constitution is flexible as it is not entrenched. This is good because the constitution stays relevant and up to date. For codified constitutions it is difficult to change and adapt so this is a downside. A second argument against agreeing to a codified constitution is that parliamentary sovereignty would be effectively ended. The principle of parliamentary sovereignty states that parliament can make unmake or amend any law it wishes. With a codified constitution parliament would not be able to make, unmake or amend any law it wishes due to the existence of the constitution. This is because a codified constitution would act as higher law. Another point is that a new codified constitution in the UK is unnecessary. Codified constitutions may also not be...
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...IRAC Briefing Content IRAC--BRIEFING CASES For this course, use the IRAC method of briefing for your weekly assignments and for your group assignments. IRAC is: I: ISSUE: What is the question the court (or you in the weekly assignments) must decide? Sometimes there may be more than one issue. 2: RULE: What is the law that the court cites to decide the case? In your individual weekly assignments (not the group assignment) you must cite a page number in your text and the rule you are citing to answer the chapter question. 3: APPLICATION: This is the application of the rule to the facts in the case. 4: CONCLUSION: What does the court actually decide? For example, does the court rule in favor of the party that filed the suit, or the defending party? In the chapter questions, you must decide who prevails. Example: Read the Singer v. Raemisch case, Exhibit 1-6, pages 23-25 in your textbook. Here is how that case might be briefed using the IRAC method. Issue: Can a prison, consistent with the First Amendment, restrict inmates’ speech, when that restriction is reasonably viewed as promoting prison security? Rule: Prison regulations that restrict inmates' constitutional rights are nevertheless valid if they are reasonably related to legitimate penological interests. Page 24. [Notice this is a general statement taken from case law or statutory law, and which would apply to any case that has similar facts.] Application: The D& D ban “bears a rational relationship” to those...
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...The Role and Functions of Business Law Tanisha Haynes LAW/421 July 18, 2013 Ms. Lindsey Cole The Role and Functions of Business Law When people hear the word law, one will think of the laws in which people have to abide by on a daily basis. There are several different variations to the laws; there are states laws. Each state has their own rules for their citizens to follow. Then there is the Federal law, which governs the government. According to Melvin, “the term law is defined as a body of rules of actions or conduct prescribed by controlling authority, and having legal binding force” (Melvin, 2011). Laws, established to keep order within a small area like a neighborhood or driving down the street in a vehicle. The laws are here to protect the innocent and charge the guilty. The laws play a big part in people everyday lives. When driving down a busy highway, people are following the rules of the road, which are laws set to guide the drivers safety. In the business world, laws work the same way. A few examples of different laws are common law, statutory law, administrative law and constitutional law. While working for the United States Postal Service (USPS), Tanisha had and on the job injury while running letter mail on a sorter. She mashed her thumb inside the door of the machine. She knew that if she reported the accident, she would have to file paperwork and go to the urgent care and she did not want to go through the hassle. As time went on, she noticed...
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...levels of American law. According to the text, "Modern law in the United States regulating businesses and individuals is generally a combination of constitutional law, statutory law, common law, and administrative (regulatory) law at the federal, state, and local levels," (Melvin, 2011, p. 44). Constitutional law consist of two major functions. The fist is to impose essential structures of specific body of government, and the second is protecting a number of individuals rights from authorities, and property taken by the government. Statutory law is a written regulation generated by a state or federal ruling which can be supported or condemned by the executive branch. The function of common law has no comprehensive compilation of legal statutes and relies on legislative decisions made in similar cases. The functions of administrative law consist of rules and regulations created by previous parties. Administrative law undertakes superiority of how communities and federal agencies are standardized. The U.S. Consumer Product Safety Commission and the Federal Trade Commission are two examples of the many government agencies that control business laws. Functions and Roles of Law in Current or Past Profession Logistics contractors for the...
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...A statute can be either discretionary or mandatory. A discretionary statute is one that is exercised at one’s own discretion (FindLaw, 1996). A mandatory statute is one that is considered being obligatory (FindLaw, 1996). In the case of the statute that is discussed above the statute is discretionary, you have several stipulations that need to be considered and would be under the one’s own discretion as to enforcement. The stipulations are what cause this to be a discretionary statute. You have several factors that may or may not allow an employee to be able to receive the benefits upon termination of working for the company whether it is on their own accord or by the company. According to this statute the State of New Mexico lists three specific ways in which an employee can be denied their benefits upon termination of employment. The first instance in which an employee may be denied their benefits is when an employee leaves the employment position voluntarily with good cause. The employee will then not be able to claim unemployment benefits. If an employee has been found to have been performing misconduct which was associated with the individual’s employment, the individual will not have right’s to benefit’s under this statute. The final instance in which an individual will be denied the right’s to benefits is when the individual has failed without a good reason to be available for work or show up to work when scheduled to be so. This statute does have exceptions...
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...electricity poles on Mc Donald’s farm tax deductable? Is it a case of merely a repair or its nature is of restoration or replacement? What are his tax implications on insurance claims Mc Donald received from damage to electricity poles by natural disaster? What are his tax implications on Mc Donald for resurfing the road (owned by neighbour Peppa) to access his farm? Law 1.) Assessable income consists of ordinary income and statutory income as per Income Tax Assessment Act 1997(ITAA97) section 6-1 (1). Section 6-5 of the Income Tax Assessment Act 1997 states that ordinary income is income according to ordinary concepts derived directly or indirectly from all sources whether in or out of Australia. Ordinary income is not defined in statute law; it is determined through case law and can be divided into four categories; income from personal exertion, income from business, income from profit-making schemes & income from property (Barkoczy, 2013, p. 266 - 267). A taxpayer’s accessible income includes not only amounts that are ordinary income but also amounts to that are statutory income (s6-10(1) ITAA97). Statutory income comprises amounts that are deemed by the legislation to the accessible income, But which are not otherwise necessarily income according to ordinary concepts. 2.) Taxpayers subtract deductions from their assessable income to arrive at their taxable income for the financial year. There are two types of deductions, general deductions and statutory deductions...
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... 1. Who enacted this statute? New Mexico State Legislator 2. Is this statutory mandatory or discretionary? What causal term in the statute helped you answer this question? It is my opinion that this statute is mandatory and the causal term that helped me come to that conclusion is “Shall”. It is my opinion that the term “Shall” means required to in this statute. 3. According to this statute, what are the three ways that a person can be denied unemployment benefits in New Mexico? Must a person do all three things to be disqualified from receiving benefits, or is it enough that they only do one of the listed things? What term in the statute helped you answer this question? According to N.M. Stat. § 51-1-7, if it is determined by the division that the individual left employment voluntarily without good cause in connection with the employment. If it is determined by the division that the individual has been discharged for misconduct connected with the individual's employment; or if it is determined by the division that the individual has failed without good cause either to apply for available, suitable work when so directed or referred by the division or to accept suitable work when offered. The term “or” in connection with this statute means one of the said conditions therefore a person would only have to do one of the following stated above. “Or” is the term that brought me to my decision and opinion. 4. Are there any exceptions to this statute? If so, which of the three...
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...are; A Constitutional Code, A Constitutional Consolidation Act and A Written Constitution. Firstly, A Constitutional Code would be a document sanctioned by Parliament, but without statutory authority, and which would set out the essential existing elements and principles of the constitution and the workings of government. Due to the fact that the document doesn't have statutory authority therefore it is not statute, and so it is not written down and has not been approved by a legislator. A Constitutional Consolidation Act: this would be a consolidation of existing laws of a constitutional nature in statute, the common law and parliamentary practice, together with a codification of essential constitutional conventions. As the constitution would be statute this means that it is an act of Parliament and if it were to contradict with a convention or common law, the Consolidation act would dominate. This blueprint would also involve constitutional rules which are based on common law. For example, the formal powers of the crown, royal prerogative, would be statute rather than common law. The third and final blueprint is a Written Constitution. This would be a document of basic law by which the United Kingdom would be governed, setting out the relationship between the state and its citizens, an amendment procedure and elements of reform. By having a written constitution, everyone would know what are the governing rules and institutions are, therefore decreasing confusion...
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...as identity theft. Also, if hackers were to hack into the computer systems that control our infrastructure they could possibly turn off or damage our power grids or if they were to hack into the systems that control air traffic control, they could crash airplanes and disrupt travel for millions of people. On a larger scale if hackers were to hack into nuclear power plants they could possibly cause a nuclear meltdown. (GORMAN, 2009) Question 4: Criminal law statutes now protect your name and identity, your communications, and your ideas. Match each of these categories with the appropriate criminal law statute and explain how each statute can be violated. Name and identity = “Identity Theft and Assumption Deterrence Act of 1998” (Baumer, 2011). This statute protects individuals from having their identity stolen and used to commit a crime or make purchases in that person’s name that were not initiated by that person. Communications = “Electronic Communications Privacy Act of 1986” (Baumer, 2011). This statute was initially created to protect individuals from having the companies they worked for from spying on them and revealing information that they illegally obtained. This is a very good law and I personally run into this all the time as a systems administrator. For instance,...
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...The Role and Function of Law According to Melvin (2011), law is a body of rules of action or conduct prescribed by controlling authority, and legal binding force. Law also provides a mechanism to resolve disputes and allows parties to enforce order and judgment in a court of law. The most important functions of the law are to protect, install order, fairness, and it also identifies and punishes violators. The United States, a democratic nation, realizes the significance of law enforcement in the daily activities of citizens and businesses within its borders. Enforcing these laws are paramount as well as levying penalties to individuals who break them. This exercise produces fairness, and enhances orderliness. In the absence of law enforcement there would be chaos, and confusion. The law can be divided into several categories for effective enforcement. These laws include: Constitutional law, Common law, Statutory law, and Administrative law, just to name a few. The Constitutional law exists both on a federal and state level; it sets the premise for other laws in the nation. The Constitutional law is the supreme law of the land, among other things, the Constitution protects United States citizens from wrongful government actions (Melvin, 2011). For example the Fourth Amendment protects individuals against unreasonable searches and confiscations of properties. The common law, this law is made by the legislature, and the courts based on fundamentals of previous cases with...
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