...My Thoughts Regarding the Mary Barnett Case Amanda Feeley Westwood College Ethics and Critical Thinking Dr. Henderson 01 November 2010 My Thoughts Regarding the Mary Barnett Case There are a few reasons in why I have concluded that Mary Barnett is guilty for second-degree murder of her child, Alison. Those reasons include: awareness of right and wrong, selfishness, and neglect. First, I would like to recap the case of Mary Barnett and some of the main details of the crime that she committed. On January 23, the defendant, Mary Barnett, left Chicago to visit her fiancé in San Francisco. She left her six month old daughter, Alison, unattended in the apartment. Seven days later, Mary returned to her apartment to find her daughter dead, she died from dehydration. Mary called the police and told them that she had left the child with a baby sitter, but later changed her story and said that she knew Alison would die in a day or two, and that she did not intend on returning home. She was charged with second-degree murder: intentional murder without premeditation. If convicted, she could face up to eighteen years in prison (Chaffee, 2009, p. 65). Next, are the key testimonies of the witnesses that spoke against and on Mary’s behalf during her trial. The witnesses and their testimonies played a key part in my decision of a guilty, verdict, of Mary’s actions. Mary was mentally evaluated by two different psychiatrists; one was her own personal...
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... there must be a duty of care to protect others against reasonable foreseeable harm or loss. Secondly, there must be a breach of that duty. Thirdly, there must be loss or damage to the plaintiff and finally, there must be a causal link between the breach of duty of care and the loss or damage suffered. Duty of Care Duty of care refers to the relationship which the law recognises as giving rise to a legal duty to take care. A duty of care is a responsibility to take such care and breach of this can lead to the defendant being liable to pay damages to a party who has suffered losses or injury as a result of their breach of care. Therefore it is important for the claimant to establish that the defendant owed them a duty of care. In this case study Donoghue v Stevenson (1932), the duty of reasonable care was established. Mrs Donoghue went to a cafe with a friend. The friend brought her a bottle of ginger beer and an ice cream. The ginger beer came in an opaque bottle so that the contents could not be seen. Mrs Donoghue poured half the contents of the bottle over her ice cream and also drank some from the bottle. After eating part of the ice cream, she then poured the remaining contents of the bottle over the ice cream and a decomposed snail emerged from the bottle. Mrs Donoghue suffered personal injury as a result. She commenced a claim against manufacturer of the ginger beer....
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...SUMMARY…………………………………………………………………..3 INTRODUCTION……………………………………………………………………………4 CASE STUDY 1: OFFER AND ACCEPTANCE…………………………………………5 CASE STUDY 2: CONSIDERATION……………………………………………………..6 CASE STUDY 3: INTENTION TO CREATE LEGAL RELATION……………………..7 CASE STUDY 4: contractual terms……………………………………………...……7-8 CASE STUDY 5: exclusion clause……………………………………………………8-9 CASE STUDY 6: Tort of negligence …...……………………………………………9-11 CASE STUDY 7: vicarious liability……………………………………………………12. REFERENCE LIST………………………………………………………………………..13 EXECUTIVE SUMMARY CASE STUDY 1: OFFER AND ACCEPTANCE This case involves term such as: offer, acceptance offer, difference between offer and treat, invitation of treat and acceptance of an offer by post. CASE STUDY 2: CONSIDERATION This case of study involves terms such as: part payment, principle of promissory estoppel Pinnels case (1602) and foakes beer (1884). CASE STUDY 3: INTENTION TO CREATE LEGAL RELATION This case of study involves terms such as: intention to create legal relation, domestic contract, social contract and commercial contracts. CASE STUDY 4: contractual terms This case of study involves terms such as: meaning of contractual terms, representation, types of contractual terms. CASE STUDY 5: exclusion clause This case of study involves terms such as: meaning of exclusion clause and legal rules governing the legality of the exclusion clause. CASE STUDY 6: Tort of negligence This case of study involves terms such as: Hedley Byne and Co ltd Heller...
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...2 February 28, 2016 Ryan G. Bartholomew Criminal Justice 500 Liberty University Dr. Katherine Pang Abstract On March 3, 2010, plaintiff Tera M. Bruner-McMahon, as Administrator of the Estate of Terry Albert Bruner, filed a complaint for civil rights violations in the United States District Court for the District of Kansas against defendants Marque Jameson and Mary Staton. The complaint alleged claims arising out of the death of Terry Albert Bruner while he was incarcerated in the Sedgwick County Jail. Plaintiff contended that the death was a result of defendants’ deliberate indifference to Terry Albert Bruner’s serious medical needs. Defendants denied liability. The problem in question is the violation of the eighth amendment. Where the eighth amendment is that excessive bail shall not be required, no excessive fines imposed, nor cruel and unusual punishments inflicted. A jury trial was held from February 22, 2012 through March 5, 2012. The jury returned a verdict on March 5, 2012 in favor of defendants. The court entered judgment on March 6, 2012. Introduction In the beginning of the case the plaintiff and defendant lawyers provide their opening statements. The violation in question on the defendants was violating the eighth amendment of the then and now deceased Terry Bruner which was jailed for Driving Under the Influence, Drunk Driving, and leaving the scene of an accident. Terry Bruner had a preexisting health condition which is cirrhosis and hepatitis...
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...Dubois played a part in the NAACP because he observed racism to a T. He got to the point he wanted to something about it. W.E.B. Dubois participated in the NAACP to help African Americans to fit in and gain the same amount of freedom others have. He edited a journal of opinions called the Crisis that won many legal cases to ensure the rights of minorities. W.E.B. Dubois actually worked with more than one founder but the other important founders are Moorefield, Storey, and Mary White Ovington she was a suffragist, journalist, and co-found, and he is an american lawyer, anti-imperial activist, and civil rights leader. Mary White Ovington, Oswald Garrison Villard, WIlliam English Walling, and Henry Moscowitz all issued an important call for a meeting to discuss racial justice. Ida B. Wells-Barnett and Mary Church Terrel, signed the call, which was released on the centennial of Lincoln's...
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...A complaint may be dismissed on motion if clearly without any merit; and this want of merit may consist in an absence of law to support a claim of the sort made, or a fact sufficient to make a good claim, or in the disclosure of some fact which will necessarily defeat the claim, but a complaint should not be dismissed for insufficiency unless it appears to a certainty that plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim. Despite the liberal nature of the concept of notice pleading, however, a complaint must nonetheless state enough to give the substantive elements of at least some legally recognized claim or it is subject to dismissal under N.C. Gen. Stat. § 1A-1, N.C. R. Civ. P. 12(b)(6). A claim for relief must still satisfy the requirements of the substantive laws which gave rise to the pleadings, and no amount of liberalization should seduce the pleader into failing to state enough to give the substantive elements of his claim. While an incorrect choice of theory should not result in dismissal of the claim, the allegations must suffice to state a claim under some legal theory. Morrow v. Kings Dep't Stores, Inc., 57 N.C. App. 13 (N.C. Ct. App. 1982). Our Supreme Court has stated: "'A [complaint] may be dismissed on motion if clearly without any merit; and this want of merit may consist in an absence of law to support a claim of the sort made, or a fact sufficient to make a good claim, or in the...
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...The case of Jack the Ripper has both horrified and fascinated the people of England and the world for years. “Jack the Ripper” is the name given to an unknown killer who murdered several women in London’s East End in 1888 (Casebook: Jack the Ripper). Due to the long suspect list and conflicting information, a culprit was never named by the London police and has still not been definitively found. 1. Facts The five victims who are typically attributed to the Ripper—Mary Ann Nichols, Annie Chapman, Elizabeth Stride, Catharine Eddowes, and Mary Jane Kelley—were murdered in 1888 in London’s East End. The Ripper strangled his victims to unconsciousness and then cut their throats to kill them (Casebook: Jack the Ripper). All 5 had mutilations performed on their abdomens postmortem. Several victims had organs...
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...-------------------Case study 1a Augustine and Christina------------------------------------------1b Augustine and Florence------------------------------------------Case study 2a Richmond consultancy business---------------------------------Case study 3 Catherine and Daniel---------------------------------------------Case study 4a Telephones supplied cannot be modified--------------------4b Telephones supplied can be modified-------------------------Case study 5 Grace and Office Supplies Ltd-------------------------------------Case study 6 Alfred and George------------------------------------------------------Case study 7a Test for a Tortfeasor as an Employee------------------------------7b Test to determine if employee’s act was during employment-Case study 8a Mary and Barnett Hospital-----------------------------------------8b Mary and Joe---------------------------------------------------------8c Mary and Thomas--------------------------------------------------Conclusion---------------------------------------------------------------Reference/Bibliography------------------------------------------------ Pages Executive summary [Type text] Page 2 This report is made of eight sections (case studies)-case study one deals with offer and acceptance, invitation to treat, counter offer as regarding a contract. Case study two is about principles of part payment under consideration, the exceptions for the rule and principle of promissory estopple . Case study three deals on...
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...Women’s Roles Then and Now Kimberly Lane Dr. Ed. Yancey HUM-World Culture II November 24, 2011 Phillis Wheatley was purchased by Peter Gwinn as part of a cargo of slaves in a region his employer describes as “Sinagall,” most likely today’s Senegal. She was brought to Boston around seven years old to market of John Avery; there Mrs. Susanna Wheatley purchased the diminutive and sickly Phillis. When Phillis came to the Colonies, she did not speak any English, but she quickly learned to read and write Latin and English. John Wheatley, her master, said she was able to read the Bible fluently in sixteen months. Susanna Wheatley and her daughter Mary did not have a scholarly interest themselves but simply fostered Phillis’ interest in Alexander Pope, Milton, and Homer. Phyllis joined the Old South Meeting House in 1771, solidifying her Puritan faith. The Wheatley family took pride in their “experiment” and showed Phillis off to other prominent families in the Boston Area. Her role as a young woman in the family was complex. She had few domestic tasks, but was still the property of Mr. and Mrs. Wheatleys. She had privileges that other slaves seldom had, such as a lighted and heated room. Kenny Williams’ quotes friends of the family as saying that she “dined modestly apart from the rest of the company...where she could certainly expect neither to give nor receive offense.” Her role was unclear in the family and in society in general: “She inhabited a strange, ambiguous twilight...
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...Boundaries Issues Ashley Decamp, Christina Karsen, Jose Cevallos, Katy Norris, Samantha Cruse, Monica Green BSHS 335 February 23, 2015 Mary Ann Little Boundaries Issues Human service professionals are taught to understand their client’s as well as the role they play in their life professionally. The most important part of that is understanding that it is a professional relationship and should be nothing more than that. Boundaries are put in place in many different parts of a person’s life to help them understand what they are to do and where they are to avoid. This is also something that is implemented with human service professionals. They are taught boundaries for themselves and given the tools to help their clients’ understand what their boundaries are. It is done so that the clients’ can receive the best possible help there is for them. The following is going to explore different boundaries and relationships between a client and the professional, what to avoid, and the best possible solutions if a boundary is compromised. Below is some examples of human services professionals, and clients experiencing the issues with boundaries. A caseworker for DHS-Child Welfare, receives an anonymous report, that a young child has been physically abused. After interviewing the child and reviewing family information, the caseworker realizes that this is the son of another women she attends a local Mom’s group with. The mother has spent time during recent group meetings...
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...Victoria Harrington In the field of health care, nursing, doctors, there has always been an issue for need to improve situations such as domestic abuse. Domestic abuse is defined as “Physical, sexual, or emotional/psychological violence directed toward men, women, children, or elders occurring in current or past familial or intimate relations whether the individuals are cohabiting or not and including violence directed toward dating partners.” (AACN, 2001, p. 1) Therefore, domestic violence is a serious topic to be hold. In this article “Domestic Violence: The Challenge for Nursing”, the author Claire Burk discusses the three types of domestic violence in women, children, and in elderly people. Campbell et al. (2000) argued that violence research demands a cultural competency that extends beyond cultural sensitivity to include an in-depth appreciation of group norms, beliefs, and life ways. Cultural competency is reflected by the acknowledgment that violence occurs in a gendered sociocultural context, an understanding of the relationship between colonial practices and violence and oppression, an awareness of cultural practices and attitudes that support, as well as deter, domestic violence, advocacy for cross-cultural research, and a commitment to oppose oppression experienced by minority groups and those marginalized by their society...
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...A Case Study using the Schedule of Growing Skills II Tool, in the Student’s own Clinical Practice Area. Introduction to the problem, a literature review. The term developmental delay is used to identify children that are significantly delayed in meeting developmental milestones. In children it is a major problem worldwide with an estimated prevalence rate of 3% (MacDonald & Rennie, 2011). In the United Kingdom 3% of school aged children are identified as having a special education need associated with either a learning difficulty or an autistic spectrum disorder (National Statistics, 2012). Early detection by professionals is deemed to be of great importance as recognised in a recent government drive with health visiting (DoH, 2011). It is also important because studies have highlighted the substantial benefits that early intervention can offer to children with varying needs (Camilli et al, 2010; Anderson et al, 2003). Therefore despite the implementation of child health surveillance services (Mackrides & Ryherd, 2011; Hamilton, 2006), in clinical practice, children are not being detected before they start school. In the UK and in the student’s own area of clinical practice developmental screening is undertaken by health visitors as part of the Healthy Child Programme (HCP). It is viewed as the core health service for protecting, promoting and improving the health and well-being of children (Department of Health, 2009). A review of...
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...Robert Whelan based on research by Barendina Smedley Civitas: Institute for the Study of Civil Society London First published October 2001 © The Institute for the Study of Civil Society 2001 The Mezzanine, Elizabeth House 39 York Road, London SE1 7NQ email: books@civitas.org.uk All rights reserved ISBN 1-903 386-16-0 Typeset by Civitas in New Century Schoolbook Printed in Great Britain by St Edmundsbury Press Bury St Edmunds, Suffolk Contents Acknowledgements Authors vi viii Introduction: Hand-outs and Leg-ups Section 1: The Visiting Charity The Charity Organisation Society 1. The Organisation of Charity 2. Preaching the ‘Gospel of Social Reform’ in West London 3. The Fulham and Hammersmith Committee and Its Cases Section 2: The Dole Charity The Mansion House Fund 4. From West End to East End 5. Lord Mayor Aid 6. The Aftermath 7. Moralities and Mathematics Appendices Appendix 1 Applications for Relief Received by the Fulham and Hammersmith District Committee of the COS, November 1879 - October 1880 Appendix 2 The 27 Extant Fulham and Hammersmith Casebooks Appendix 3 The Charity Organisation Society by Miss Octavia Hill Notes Index 1 9 24 39 51 59 85 90 99 137 164 166 182 v Acknowledgements This book has been made possible by a generous grant from the Wincott Foundation. The author would like to express his thanks to the trustees. The research on which the book is based was carried out by Barendina Smedley in the archive of the Charity...
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...Racism in America The question should be how did racism in America begin? I think that it is probably fair to say that racism began with the Middle passage. The Middle Passage was the slave ships that brought African Americans to America from Africa. The slaves were perceived as being less than human fit for labor, bondage and beatings. Their only function was to be brought to America to work in the cotton fields and build America up to the standards that the Caucasian Americans expected. Slaves were usually fed straps from their Masters tables, given ragedy clothes to wear, they worked from sun up until sun down, and they were not paid. They were beaten if they talked backed back to the Master or did not produce the labor that was required by the Master. The Caucasian by all accounts was thought to be superior and better than slaves were because they owned the land, crops, plantations and houses; the poor slave did not own anything. What did the slave ship look like? Slaves were placed at the bottom of the ship; then men, women and children were chained to one another. With very little movement possible, they suffered and many of them died. This was not an easy voyage. The voyages to America from Africa took months and people got very little air in the bottom of these ships. They were fed but they had to eat lying down in chains and they were fed worst than animals. They were allowed on the deck occasionally where they were washed with water that was poured on them. Many...
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...The aim of this essay is to discuss the new global definition of social work, to assess the background of this research and to highlight the implications of this new definition to social work practice and development in Zambia and Africa at large. To begin with, the new definition will be given and explained then a discussion of its background and implications will be made. Finally, a conclusion will be drawn. The new definition hopes to address three major criticisms of the prior definition. It attempts to be more inclusive of indigenous knowledge, to be less biased towards Western ideals of individualism and change, and instead to encompass collectivity, continuity and cohesion. Lastly, it endeavors to emphasize social work’s involvement in theory and research and its capacity as an academic discipline, in addition to its practical application. The links also include commentary and explanation for each aspect of the definition’s wording and the mandates, principles, knowledge and practice that undergird the social work profession (Kanyowa 1999) Social work is a practice-based profession and an academic discipline that promotes social change and development, social cohesion, and the empowerment and liberation of people. Principles of social justice, human rights, collective responsibility and respect for diversities are central to social work. Underpinned by theories of social work, social sciences, humanities and indigenous knowledge’s, social work engages people and structures...
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