...criminal proceedings. It deals with the method by which substantive law is made and administered. Procedural law has no independence and can be applicable in non-legal contexts. It only tells how the legal process to be executed by giving a step-by-step action. Question Two: During the discovery phase, the parties resort to the use of interrogatories, depositions, admission requests and document production requests. Briefly define these different discovery tools and explain the purpose for each. Explain the purpose of discovery as you understand it. Interrogatories are a formal set of written questions directed by one litigant and required to be answered by the other party and are used for the purpose of clarifying and narrowing the issues or the facts and help to determine in advance what facts will be presented at trial in the case. Deposition is the oral testimony of a witness by the lawyers outside the court and is used for the purpose of narrowing the issues, gathering information for the trail and also shortening the trail by making decision on the knowledge in advance. Admission Request is one party’s written demand that the other party admit or deny certain statements of supposed fact or of the application of law to fact and are made for...
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...personal data is being processed: 1. The ‘data subject’ has given their consent 2. The processing is necessary a. For the performance of a contract to which the data subject is party, or b. For the taking of steps at the request of the data subject with a view to entering a contract 3. The processing is necessary to comply with legal obligation 4. The processing is necessary in order to protect the vital interests of the data subject 5. The processing is necessary for the Administration of justice 6. The processing is necessary for the legitimate interests of the data controller (except where unwarranted because of prejudice or legitimate interests of data subject) 2. Second Principle ‘Personal data shall be obtained only for one or more specified and lawful purposes and shall not be further processed in any manner incompatible with those purposes’ To comply with the second principle, the council must inform the Information Commissioner of all the purposes for which it processes personal data. If the reasons for processing this information are changed, both the Information Commissioner and the Data subject must be informed. 3. Third Principle ‘Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.’ It is the council’s responsibility to ensure that personal data is adequate enough to...
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...all evidence to make a fair decision. As a attorney for Bainbridge Borough I would support their decision on rejecting Mrs. Carol Ferns request because after rejecting her initial request Bainbridge Borough also gave her the option to take two consecutive ninety day reasonable purpose leaves. Maternity leave is mainly for mother’s full recovery from their pregnancies and to build a stronger mother to child bond. According to the FMLA a mother only gets twelve weeks of unpaid leave, which Carol is still short of her request, Bainbridge Borough offered her two reasonable purpose leave which covers her request. Also Mrs. Carol Fern had already taken two weeks of leave of paid vacation that can also count towards her maternity leave. Additionally Mrs. Carol Fern gave a short notice on when she needed to take her maternity leave, she informed Bainbridge Borough a day before her paid leave expired that she need to take an additional six months of paternity. According to the Department of Labor she need to provide the request at least five business days before. As an attorney for AFSCME Local 10. I would say Mrs. Carol Fern maternity leave request rejection violated the collective bargaining agreement because according to the contract Article X. Section 4.A-Unpaid leaves “Maternity leaves not exceed six months shall be granted at the request of an employee”. In which Mrs. Carol Fern qualifies according to FMLA leave is granted for “the birth of a son or daughter or placement of...
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...will collect this sort of data in one form or another, (paper based or electronic). The real value for collecting data on employees is to enable HR teams to analyse the data, make predictions based on the analysis and ultimately take the relevant action. Different types of Data collected by HR There are many types of data collected by HR, these can include but again is not limited to: 1. Absence Data; this would be collected to determine the below: Are there any employees that have taken an excessive number of sick days? Who are they? Does this require any intervention? How many days holiday has an employee taken? How many have they got remaining? Do they have enough holidays left to cover their latest request for leave? Is there likely to be a backlog of holiday requests towards the end of the year? 2. Recruitment; this would be collected to determine the below: What channels have worked for recruitment in the past? What is our cost and time to hire? Do we have a plan in place? What are the characteristics of recruits who have performed well or performed badly in our organisation? Systems used to record HR Data There a few methods of storing all the data that is collected. This can be done by (but not limited to) the below:...
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...(Last, First, MI): |SMC ID No.: |Tel. / Fax No.: | |SALVADOR, AIMIE |9908469 |(033) 338-4402 | |Position: |Department/Unit/Division: |Coordinator/Contact No.: | |FINANCE ANALYST |SMFI-AIC Finance | | | | |Purpose of the Trip: | |POULTRY AND MEATS AR REVIEW | | | |B. Itinerary: | |Origin |ILOIL0 |Date of Departure |03/13/2015 |Places of Destination: | |...
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...products by any person or entity. Please be advised that decisions regarding Charitable | |Giving are made by a Charitable Giving Committee. Any communication from any person other than an approved representative of the | |Charitable Giving Committee regarding a request or proposal for Charitable Giving, including, but not limited to, a commitment of| |funds, is not authorized or binding upon Bristol-Myers Squibb. | | | |Bristol-Myers Squibb will generally process requests in the order in which completed applications are received. To ensure prompt | |processing of your request, please make sure that all questions are completed and all supplementary materials are provided. | |Requests are generally processed within eight to twelve (8 - 12) weeks of receiving a completed application and all required | |supplementary materials. PLEASE BE AWARE, HOWEVER, THAT BRISTOL-MYERS SQUIBB DOES NOT COMMIT TO PROCESS ANY REQUEST WITHIN ANY | |SPECIFIC TIME PERIOD. To maximize our ability to process your grant request within your required time frame, please submit your |...
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...NOTICE REGARDING USE OF CONSUMER REPORTS IN THE APPLICATION PROCESS FOR EMPLOYMENT PURPOSES In connection with your application for employment or for other employment purposes, Allstate or one of its subsidiaries or affiliates may seek to obtain a consumer report (for example, credit, criminal, educational and/or employment records), which may include an investigative consumer report. An investigative consumer report may contain information regarding your character, general reputation, personal characteristics, or mode of living as obtained from personal interviews with sources such as your neighbors, friends, or associates. If an investigative consumer report is requested, you have the right to request a complete and accurate disclosure of the nature and scope of the investigation requested and a written summary of your rights under the Fair Credit Reporting Act or applicable state statute. Upon written request to Allstate or one of its subsidiaries or affiliates, and within 5 business days of such request, you will be informed as to whether such a report was requested, and if so, the name and address of the reporting agency to whom the request was made. You may then request and promptly receive from all such consumer reporting agencies copies of any investigative consumer report procured by Allstate or one of its subsidiaries or affiliates as well as a written summary of your rights under the Fair Credit Reporting Act or applicable state statute. Your signature below authorizes...
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...Project Scope Statement is implicitly excluded from the project. * Create links to referenced documents (e.g., Link_To_… ) by using Insert Hyperlink on your toolbar. * Note that all documents that are linked to the Scope Statement become part of the Project Scope and require the same degree of management control. Such documents should be maintained in a separate Scope directory along with the Scope Statement. | Project Name: | | Prepared by: | | Date (MM/DD/YYYY): | | Version History (insert rows as needed): | Version | Date (MM/DD/YYYY) | Comments | 1.0 | | | | | | | | | | | | 1. Executive Summary | Provide below a brief overview of this project (e.g., project purpose and justification): | | Provide a brief project summary in the space below. This information may be available in the Project Charter. Also provide a link to the Project Charter for reference. | Link_To_Project_Charter | | Note: In any instance where there is a discrepancy between the Project Charter and the Project Scope Statement, the latter is considered authoritative. | 2. Business Objectives | 2.1 Product Description (Solution): | | 2.2 Business Objectives: | | 3. Project Description | For each area below, provide sufficient detail to define this project adequately: | 3.1 Project Scope | * Includes (list Deliverables): | * | ...
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...In 2006, AHIMA proposed the idea of a Legal Health Record as a set of health information that is compliant with specific laws and regulations. According to the Federal Rules of Evidence a health record identifies as a business record. This means the health record is created by a business and used for business purposes, as well as can be used for legal purposes, as it is presumed trustworthy. The Legal Health Record should also maintain any decisions make regarding the patient’s care, and the revenue needed by third-party payers. The general considerations when dealing with any format of a legal health record includes: purpose of record, compliance with laws and regulations, documentation, and rules of evidence. Also, much like paper legal health records, the considerations for electronic legal health records include: length of storage cost of storage, long-term usefulness, and long-term efficiency. When discussing one of the general considerations of the Legal Health Record, there are a few laws and regulations that come to mind such as HIPAA and how it defines a designated record set, which is different from the Legal Health Record. HIPAA’s privacy rule defines the designated record set as “a group of records maintained by or for a covered entity that may include patient medical and billing records; the enrollment, payment, claims, adjudication, and cases or medical management record systems maintained by or for a health plan; or information used in whole or part to make...
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...black belts which revealed that one of the issues identified was a need for a master schedule process and tracking tool of the changes that are requested in what is considered “ice.” Ice is defined as a product with established completion dates based off the master schedule in SAP. Implementing a tool to provide visibility and accountability would help adhere to the process and identify trends that determine the next steps or level of control needed. A change in the master schedule has a wide impact to the manufacturing process; therefore, the number of people involved is cross-functional. For this purpose, I have identified the people involved at a role level. The individuals involved are categorized in the following generic roles; people who request the change, people who administrate the request, people who need to analyze the request, a review board to evaluate the request, and management escalation personnel. These are generalized roles that can be assigned to multiple people in the organization and will be administered by a centralized group. It...
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...NOTICE REGARDING USE OF CONSUMER REPORTS IN THE APPLICATION PROCESS FOR EMPLOYMENT PURPOSES In connection with your application for employment or for other employment purposes, Allstate or one of its subsidiaries or affiliates may seek to obtain a consumer report (for example, credit, criminal, educational and/or employment records), which may include an investigative consumer report. An investigative consumer report may contain information regarding your character, general reputation, personal characteristics, or mode of living as obtained from personal interviews with sources such as your neighbors, friends, or associates. If an investigative consumer report is requested, you have the right to request a complete and accurate disclosure of the nature and scope of the investigation requested and a written summary of your rights under the Fair Credit Reporting Act or applicable state statute. Upon written request to Allstate or one of its subsidiaries or affiliates, and within 5 business days of such request, you will be informed as to whether such a report was requested, and if so, the name and address of the reporting agency to whom the request was made. You may then request and promptly receive from all such consumer reporting agencies copies of any investigative consumer report procured by Allstate or one of its subsidiaries or affiliates as well as a written summary of your rights under the Fair Credit Reporting Act or applicable state statute. Your signature below authorizes...
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... UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME AND THE PROTOCOLS THERETO UNITED NATIONS New York, 2004 Foreword With the signing of the United Nations Convention against Transnational Organized Crime in Palermo, Italy, in December 2000, the international community demonstrated the political will to answer a global challenge with a global response. If crime crosses borders, so must law enforcement. If the rule of law is undermined not only in one country, but in many, then those who defend it cannot limit themselves to purely national means. If the enemies of progress and human rights seek to exploit the openness and opportunities of globalization for their purposes, then we must exploit those very same factors to defend human rights and defeat the forces of crime, corruption and trafficking in human beings. One of the starkest contrasts in our world today is the gulf that exists between the civil and the uncivil. By “civil” I mean civilization: the accumulated centuries of learning that form our foundation for progress. By “civil” I also mean tolerance: the pluralism and respect with which we accept and draw strength from the world’s diverse peoples. And finally, I mean civil society: the citizens’ groups, businesses, unions, professors, journalists, political parties and others who have an essential role to play in the running of any society. Arrayed against these constructive forces, however...
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...Cayman Island Civil Service College Course: Elements of Public Office Lecturer: Robert Weishan Students: Fernando Soto, Bjorna Ebanks, Tristaca Ebanks& Sharona Williams The Freedom of Information Law What is the freedom of information Law? The Freedom of information Law gives us new legal rights that entitle us to see information from Government agencies in the Cayman Islands. This piece of legislation gives us the right to ask for and be given information from public authorities. What is the purpose? To enable ordinary citizens to view or obtain information that is withheld by public authorities, thus promoting a sense of openness and accountability. As citizen, this gives us the opportunity to see what our Government is doing. It gives us the ability to view information that is connected to the making of new roads, schools, development or any important decision made that may affect the public in general. It also gives us the opportunity to see what our elected leaders are doing; this can be beneficial when making our choice for future Government candidates. Mandates of the Law Under the Cayman’s FOI Law members of the public have the right to get information from any of the following Cayman Islands public authorities: ➢ All ministers, portfolios, departments, and statutory authorities ➢ The Legislative Assembly ➢ The Governor’s Office ➢ Government companies which the government holds more than 50% shares ...
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...all evidence to make a fair decision. As a attorney for Bainbridge Borough I would support their decision on rejecting Mrs. Carol Ferns request because after rejecting her initial request Bainbridge Borough also gave her the option to take two consecutive ninety day reasonable purpose leaves. Maternity leave is mainly for mother’s full recovery from their pregnancies and to build a stronger mother to child bond. According to the FMLA a mother only gets twelve weeks of unpaid leave, which Carol is still short of her request, Bainbridge Borough offered her two reasonable purpose leave which covers her request. Also Mrs. Carol Fern had already taken two weeks of leave of paid vacation that can also count towards her maternity leave. Additionally Mrs. Carol Fern gave a short notice on when she needed to take her maternity leave, she informed Bainbridge Borough a day before her paid leave expired that she need to take an additional six months of paternity. According to the Department of Labor she need to provide the request at least five business days before. As an attorney for AFSCME Local 10. I would say Mrs. Carol Fern maternity leave request rejection violated the collective bargaining agreement because according to the contract Article X. Section 4.A-Unpaid leaves “Maternity leaves not exceed six months shall be granted at the request of an employee”. In which Mrs. Carol Fern qualifies according to FMLA leave is granted for “the birth of a son or daughter or placement of...
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...maternity leave request. 2. As an attorney for AFSCME Local 10, develop an argument to support your client’s contention that the council’s rejection of Carol’s unpaid maternity leave request violated the collective bargaining agreement. 3. As an arbitrator, how would you rule? Why? Write a two- to three-page paper, (double-spaced, 12 point type, APA style) that outlines the case for Bainbridge Borough, the case for AFSCME Local 10, and how you would rule as an arbitrator based on the facts you have for this case. Scenario Summary Carol Fern has been employed by Bainbridge Borough for 18 years as a tax clerk. The tax clerk position is part of the bargaining unit represented by Local 10 of the American Federation of State, County, and Municipal Employees (AFSCME). When Carol and her husband found out that she was unable to conceive, they decided to adopt a child. The Ferns were notified on April 22 that a 3-month-old baby girl was available and they could adopt her in three days. However, Carol told the adoption agency that she thought it was unfair to leave the company on such short notice because April was a busy tax season. Adoption was delayed until May 2. On April 27, Carol requested two weeks of paid vacation for May 2 to May 17. This request was granted. The day before she was to return from her paid vacation, Carol asked for 6 months of unpaid maternity leave. The request had to be approved by the Bainbridge Borough Council, which rejected the request by a 4-3 vote...
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