...Abbreviations…………………………………………………….3 List of Authorities………………………………………………...4 Statement of Jurisdiction…………………………………………6 Statement of Facts………………………………………………..7 Questions Presented……………………………………………...8 Summary of Arguments…………………………………………..9 Arguments Advanced…………………………………………….10 Prayers……………………………………………………………24 ABBREVIATIONS Hon’ble Honorable Art. Article AIR All Indian Reporter SC Supreme Court Vs. Versus AIMS Araval Institute of Medical Sciences IPC Indian Penal Code i.e. That is Sec. Section PVS Permanent Vegetative State U.S. United States IMC Indian Medical Council BMA British Medical Association KEM King Edward Medical LIST OF AUTHORITIES NO. | CASE LAWS | 1. | Aruna Ramchandra Shanbaug vs Union Of India & Ors. on 7 March, 2011 ; WRIT PETITION (CRIMINAL) NO. 115 OF 2009 | 2. | Mr. Sanjay Mutha S/O Prem Raj Mutha vs Dr. Mrs. Jayasree Desai, Dr. ... on 8 June, 2007; Andhra High Court | 3. | Airedale N.H.S. Trust -v- Bland; COURT: HOUSE OF LORDS; DATE: 4 FEBRUARY 1993; REFERENCES: [1993] 2 WLR 316 | 4. | Smt. Gian Kaur vs The State Of Punjab on 21 March, 1996; AIR 946, 1996 SCC (2) 648 | 5. | Naresh Marotrao Sakhre And ... vs Union Of...
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...constipation, 'female weakness,' gout, malaria, rheumatism and absentmindedness” (Abel, 1982) and politicians, “I smoked but did not inhale.”- Bill Clinton. In fact marijuana has been around for as long as the earth been able to produce plants. Medical Marijuana has been in the middle of world debates since it was discovered. Marijuana was once an important plant and now marijuana is considered to be one of the worst drug or plant to mankind. People have formed a negative perspective about this naturally grown plant, which is often referred as a harmful gateway drug. Although marijuana is a drug now, one-day history will repeat itself and, there will be a time in which society will take a step back and look at what this plant has to offer. Marijuana has many respectable uses. In order for an accurate opinion to be forms, this will present to you the history of marijuana, why marijuana was deemed unsafe or illegal and the medicinal purposes cannabis has to offer. After reading they will be more informed about marijuana, he or she will be able to form a moral decision based on facts and history. When they are done reading they will be able to pick a side on a topic that has divided the world. “The earliest record of man's use of cannabis comes from the island of Taiwan located off the coast of mainland China. In this densely populated part of the world, archaeologists have unearthed an ancient village site dating back over 10,000 years to the Stone Age.” (Abel, 1982) Granted the use...
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...Miles from the sun. Trojan X is very much similar to desert regions on earth with some exceptions. Such as instead of there being climate region changes, the entire planet has the same climate. Since the entire planet has the same climate type there was not much pressure on choosing the location to settle. There were a few things that proved to be necessary though such as a reliable water source and good food source nearby. We had found a great water source with an even greater wildlife and food source nearby. The timespan between night and day is very similar to earth’s timeframe with a few exceptions. Daytime lasts for only 8 hours and nighttime last for an average time of 16 hours due to the position of the planets in between Trojan X and the sun. In the region that we settled in there is a constant breeze that occurs, but on some nights there is a greater breeze that comes through and lowers the temperature drastically. Much like how the temperature in deserts on earth would be. It is very often that it rains on this hemisphere but that doesn’t mean it never rains. There is a timespan from where we will go 12 months with no rain and then the other twelve months of almost constant rain which makes crops a bit of a hassle for half the year. With the majority of Trojan X being a desert planet, there is an overabundance of sand. There are quite a bit of mountains a wild plants growing on them but over all its almost all sand. As the population size had started out from 1500...
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...Medical Marijuana Medical Marijuana Marijuana in today’s society is known as a recreational drug. However, Cannabis has been used in different ways by the Chinese dated back as early as 2737 B.C. The most interesting story is the one about emperor Liu Chi-nu. His story explains the connection between cannabis, snakes and illness. According to the article Marijuana- the First Twelve Thousand Years, “One day Liu was out in the fields cutting down some hemp, when he saw a snake. Taking no chances that it might bite him, he shot the serpent with an arrow. The next day he returned to the place and heard the sound of a mortar and pestle. Tracking down the noise, he found two boys grinding marijuana leaves. When he asked them what they were doing, the boys told him they were preparing a medicine to give to their master who had been wounded by an arrow shot by Liu Chi-nu. Liu Chi-nu then asked what the boys would do to Liu Chi-nu if they ever found him. Surprisingly, the boys answered that they could not take revenge on him because Liu Chi-nu was destined to become emperor of China. Liu berated the boys for their foolishness and they ran away, leaving behind the medicine. Sometime later Liu himself was injured and he applied the crushed marijuana leaves to his wound. The medicine healed him and Liu subsequently announced his discovery to the people of China and they began using it for their injuries” (Abel, 1980). Another emperor Shen-Neng of China discovered the...
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...ROLE OF NATIONAL COMMISSION FOR WOMEN IN PROTECTION AND EMPOWERMENT OF WOMEN: AN EVALUATION Subject title: Family Law- I Submitted to: Dr. Anju Tyagi Submitted by: Aratrika Das Class/Year/Semester: IInd year III semester Roll: 16LLB12 2013 National Law University, Delhi Chapter I: Introduction It is often said that the status and position of women in society is the best way to understand a civilisation, its progress and its shortcomings. In case of India, women have come a long way from women sages and scholars in the Rig Vedic period to women in the armed forces, IT sector, politics, industry and other significant areas while balancing their role as a daughter, wife and mother. This journey towards modernization has not been easy. Women have had to fight the traditional Indian male-dominated society to emerge as stronger and independent entities. While all these are positive developments, cases of rape, harassment at workplace and dowry deaths are rampant. Illiteracy and ignorance about their rights are still prevalent among a majority of the women. It was in this background that the Committee on the Status of Women in India (CSWI ) recommended nearly two decades ago, the setting up of a National Commission for Women to fulfil the surveillance functions to facilitate redressal of grievances and to accelerate the socio-economic development of women. The National Commission for women (NCW) is a statutory body for women established in 1992 by Government of India under...
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...far-reaching innovations in almost every part of European culture, society, science, and political advances as well as spiritual freedom. With the Royal Navy making new affiliations with other countries, there were shared innovations into physics, chemistry and the biological sciences across Europe and Asia. Medicine and its affiliations, of biology, anatomy and physiology, grew into a respected science and the understanding of how disease spread helped the world become a safer place. Universities became melting-pots of diversifying knowledge and open communication and debates were encouraged and new ideas about the origins of life abounded. Here then will be a snap shot of a few men who played significant parts in pushing the boundaries of medical understanding forward and the developments which altered social reform to turn Britain into Great Britain. Few medics working within England in 1600 had any formal college training, relying instead upon an apprentice with an apotheracary or surgeon. Most graduates had either trained in Europe or had managed to be accepted into the Royal College of Physicians in London. (Porter 2002). After setting up their own practice usually within their own home, they attended rich or aristocratic patients who accepted treatments which rarely helped, and occasionally even made them worse. (See popular song of the time). These “sawbones” instilled fear not comfort, as they failed to properly examine patients physically, preferring to diagnose by questioning...
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...be collected. 5. If time allows, students may begin to review all study guides in preparation for upcoming final exam. In order to grasp the ramifications of illegal drug use by public service employees and the necessity of screening for the abuse of such substances by these individuals, it is necessary to have an understanding of how illegal drugs first became a problem in the United States. While substance abuse has challenged society for centuries, the abuse of illegal drugs in the United States dates back to relatively recent history. In America, drug addiction was a problem as far back in time as the original colonies when narcotic and opiate elixirs and treatments were being exported from England. Without any form of government regulation, let alone the medical knowledge necessary to understand the true nature of these substances, it is easy to understand how addiction became a widespread but misunderstood problem. The Revolutionary War brought an abrupt end to the importation of these substances and almost immediately American entrepreneurs saw an opportunity to establish some of the very first businesses peddling these highly addictive substances. These so called...
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...PUNJAB, PATIALA CUSTODIAL TORTURE: VIOLATION OF HUMAN RIGHTS SUPERVISED BY: SUBMITTED BY: Ms. Sangeeta Taak Rajiv Gandhi National University of Law Patiala (Punjab) PROJECT SUBMITTED IN THE PARTIAL FULFILMENT OF REQUIREMENTS OF THE SUBJECT OF CRIMINAL LAW FOR EIGHTH SEMESTER, B.A.LL.B (HONS.) COURSE SURBHI MEHTA Assistant Professor of Law (Roll No. 581) TABLE OF CONTENTS CHAPTER 1: INTRODUCTION 1 1.1. Objectives 2 1.2. Research Methodology 2 1.3. Hypothesis 2 1.4. Definitions 3 1.4.1. Police 3 1.4.2. Torture 4 CHAPTER 2: HISTORICAL BACKGROUND 6 CHAPTER 3: CUSTODIAL TORTURE AND RELATED DIMENSIONS 10 3.1. Categories 10 3.1.1. Physical torture 10 3.1.2. Custodial Death 12 3.1.3. Custodial Rape 13 3.2. Causes 14 3.2.1. Structural 14 3.2.2. Other Causes 15 3.3. Consequences 16 3.3.1. Physical Consequences 16 3.3.2. Psychological Consequences 16 3.3.3. Economic Consequences 16 3.3.4. Social Consequences 16 CHAPTER 4: LEGISLATIVE PROVISIONS 17 4.1. The Constitution of India, 1950 17 4.2. The Criminal Procedure Code, 1973 18 4.3. Indian Evidence Act, 1872 19 4.4. Protection of Human Rights Act, 1993 20 4.4.1. The National Human Rights Commission 20 CHAPTER 5: JUDICIAL PRONOUNCEMENTS 22 5.1. Monetary Compensation and Judicial Response 25 5.2. Judgements Awarding Compensation 27 5.3. Judgments Awarding Punishment 28 CHAPTER 6: INTERNATIONAL PROTECTION AGAINST TORTURE 29 6.1. Major...
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...Medical Negligence It was rightly said by Richard Seizer “If people understood that doctors weren't divine, perhaps the odor of malpractice might diminish.” For a patient, the doctor is like God. And, the almighty can never commit any mistake but that is what the patient thinks or believes. In reality, doctors are human beings. And, to err is human. Doctors may commit a mistake, but committing a mistake due to one’s own carelessness is defined as negligence. The Black law dictionary definition of negligence “conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to the particular surrounding circumstances, either because it is in violation of statue or valid municipal ordinance or because it is so palpably opposed to the dictates of common prudence that it can be said without hesitation or doubt that no careful person would have been guilty of it. As a general rule, the violation of a public duty, enjoined by law for the protection of person or property, so constitutes”. Mistakes or Negligence in medical profession may lead to minor injuries or some serious kinds of...
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...Prompt One The “diffusion theory,” Eli Whitney’ cotton gin, the Louisiana Purchase and the War of 1812 all are tied together and largely effected the outcome of slavery in 1800s. These events all lead to one another and forever changed the face of slavery in the United States. Thomas Jefferson’s “diffusion theory” was the first of this series of events. Jefferson believed that selling “surplus” slaves from the east and moving them westward would help to put an end to slavery. By the end of the revolution, it was becoming apparent that two distinct regions were forming. One of these regions was enslaved and the other was gradually becoming free. Transatlantic slave trade had been ended and tobacco lands in the Chesapeake were exhausted and needed less labor. Jefferson thought that slavery was a “necessary evil” and that slave owning was beneficent, yet he also believed that slavery could be ended. Eli Whitney quickly destroyed this “diffusion theory” dream of Jefferson’s with his invention of the cotton gin. This invention of the cotton gin completely turned the economy around and was a game changer for wealth and labor. Cotton...
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...(Dossey, 1999). The conclusions are mostly based on the cultures and are said to have existed since the ancient times in societies all over the world. Notably, the models serve one primary purpose of addressing the various illnesses that affect the human beings. However, they all aim at treating the common health conditions and problems that arise now and then. Such problems may include back pain, toe problem, or even headache. Moreover, as Dossey (1999) states, the way of treatment can be unique and different among societies and cultures across the world. It is by the virtue that we have techniques such as Susto that was vastly applied in Latin American nations. The era one nursing healthcare models is believed to have begun in the 1860s. The group used the old medicine procedures. In their mode of application, they tended to perceive the mind and the body as chastely physical, thereby chasing the sightless nature laws. The model was famously termed the mechanical model that saw the human being as a machine. In the working of the era one healthcare models, measurement-based and mechanical techniques were vastly applied, bringing an end to the ancient superstitious beliefs that stated that human beings were just but parts of a complex universe (Dossey, 1999) Things went out of hand in the working of the era one healthcare models, providing the foundation of the era two models....
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...parties in the agreement. The offer must be definite and the acceptance of the offer must be absolute and unconditional. ➢ There must be an intention to create a legal relationship and not a domestic or social. ➢ The agreement is legally enforceable only when both parties give something and get something in return. This is known as “consideration”. It may not be only in cash or kind. It may be an act or abstinence or a promise to do or not to do something. ➢ The parties must be competent to enter into a valid contract. For eg. they should be sane, having sound maturity and should not have been disqualified from any law to which he is subject. ➢ Free consent. There is absence of free consent if the agreement is induced by coercion, under influence, fraud, misrepresentation, etc. ➢ If the agreement suffers from any legal flaw it would not be enforceable by law. ➢ The agreement must be certain and not vague or indefinite. For eg. if oil is to be sold then which type of oil. ➢ The statutory requirement in the formation of the...
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...Running Head: Professional Presence and Influence 1. Professional Presence and Influence Lisa Carson Western Governors University Professional Presence 2. Healing and health services are defined and acted upon in many different ways in the world today. Although in the United States we predominately focus on biomedicine or conventional health care practice, it is only one of many different types of healing. Thru time we have progressed between several different eras of healing. The first era being in the 1860’s which predominately looked at biomedicine type therapy. The second era taking shape in the 1950’s and concentrating on the mind and body. The last of third era to evolve in current times is that of body, mind and spiritual healing. Because of these “era’s” of healing, medicine and healthcare take on new energy and become more geared towards the patient and therefore allow the patient to play a more active role in their life long plan. The new widespread use of these different healing models has allowed healthcare professionals to increase their awareness and appreciation of different modalities of healthcare and healing. (Dicarlo, 1996) One of the new types of modalities that have developed because of Era II is integrative medicine and patient centered care. It focuses not only on treating the disease process but treating the person...
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...Section 1 Medicine and treatment Chapter 3: Extension study: Medicine and public health from Roman Britain to c1350 3.1 The Romans and approaches to medicine Exam practice question 1 (page 17) The Romans believed that disease was caused by an imbalance in the Four Humours. They believed that the body was made up of black bile, yellow bile, blood and phlegm, and that too much or not enough of one of these would cause illness. A fever, for example, showed that you had too much blood. This belief was developed by Galen from the work of Hippocrates, an Ancient Greek doctor. The Romans also believed that bad air could cause disease. They thought it was important to build cities and settlements away from swamps and marshes. This would have helped them avoid diseases like malarias which were caused by mosquitoes, but they didn’t understand why. The Romans also believed that dirt and sedentary lifestyles caused disease, because they encouraged the population to bathe regularly and exercise in the bath house. However, they would not have understood why this kept people healthy. Exam practice question 2 (page 18) In some ways the influence of Hippocrates on Roman medicine was extremely important. Hippocrates’s teachings included the theory of the four humours, which taught that the body was made up of four elements and too much of one of these would cause illness. He also taught the importance of clinical observation: watching a patient very carefully and keeping detailed...
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...1 Historical Development of Professional Nursing in the United States Jennifer Casavant Telford, PhD, APN-BC Arlene W. Keeling, PhD, RN, FAAN OBJECTIVES At the completion of this chapter, the reader will be able to: • Discuss the impact of Florence Nightingale's model and the American Civil War on mid to late–19th-century American nursing education. • Describe the transition of nursing education from the hospital to collegiate programs. • Discuss the role of nursing licensure in safeguarding the public and developing educational and clinical nursing standards. • Discuss the development of advanced clinical practice nursing from the 1960s through the present. PROFILE IN PRACTICE Laura J. Robinson Adult Primary Care Nurse Practitioner Student, University of Connecticut School of Nursing Nursing history is important to me because it has provided me with the opportunity to fulfill my goal to advance my career as a nurse practitioner, a role that was not existent less than half a century ago. Ambitious nurses before me had to establish themselves in a new career, gain recognition, and succeed in order for the position to be present today. One person whom I particularly admire and who helped pave the way is my grandmother, Olive Shea. Grandma Shea earned her RN diploma in 1944 after completing the 3-year certification program offered by Hartford Hospital in Hartford, Connecticut. After various nursing positions, she was employed by the University of Connecticut at the...
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